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33 U.S.C. § 1508 — Adjacent coastal States

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1508 — Adjacent coastal States

**(a) Designation** In issuing a notice relating to an application for a deepwater port under [section 1504(c)(1)(B)(ii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1504/c/1/B/ii/I&num=0&edition=prelim), the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be— (1) directly connected by pipeline to that deepwater port; or (2) located within 15 miles of that deepwater port. **(b) Input from adjacent coastal States and other interested states** (1) **Submission of applications to governors for approval** (A) *In general* — Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State. (B) *Prohibition* — The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State. (C) *Presumed approval* — If the Governor of an adjacent coastal State fails to transmit a required approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed. (D) *Inconsistency with certain state programs* — If the Governor of an adjacent coastal State notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs

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Stable record: federal_law:legal_authorities:record_usc_0a12db4349fb2f82c4a13ddf
Source file: Laws/federal/codes/united-states-code/title-33/section-1508-adjacent-coastal-states--e1f3593a04.md
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Source location: Title 33, Chapter 29, § 1508; chapter-029-deepwater-ports.md

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**(a) Designation** In issuing a notice relating to an application for a deepwater port under [section 1504(c)(1)(B)(ii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1504/c/1/B/ii/I&num=0&edition=prelim), the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be— (1) directly connected by pipeline to that deepwater port; or (2) located within 15 miles of that deepwater port. **(b) Input from adjacent coastal States and other interested states** (1) **Submission of applications to governors for approval** (A) *In general* — Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection (a) with respect to a deepwater port proposed in an application, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State. (B) *Prohibition* — The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State. (C) *Presumed approval* — If the Governor of an adjacent coastal State fails to transmit a required approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed. (D) *Inconsistency with certain state programs* — If the Governor of an adjacent coastal State notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs. (2) **Other interested states** — Any other State with an interest relating to a deepwater port proposed in an application shall have the opportunity to make its views known to, and shall be given full consideration by, the Secretary regarding the location, construction, and operation of the deepwater port. **(c) Reasonable progress toward development of coastal zone management program; planning grants** The Secretary shall not issue a license unless the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 [[16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) et seq.] in the area to be directly and primarily impacted by land and water development in the coastal zone resulting from such deepwater port. For the purposes of this chapter, a State shall be considered to be making reasonable progress if it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act [[16 U.S.C. 1454](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1454&num=0&edition=prelim)]. **(d) State agreements or compacts** The consent of Congress is given to two or more coastal States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, (1) to apply for a license for the ownership, construction, and operation of a deepwater port or for the transfer of such license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appropriate for implementing and carrying out the provisions of any such agreement or compact. Such agreement or compact shall be binding and obligatory upon any State or party thereto without further approval by Congress.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1451 — Congressional findings

The Congress finds that— **(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. **(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. **(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. **(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. **(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. **(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1451

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1454 — Submittal of State program for approval

Any coastal state which has completed the development of its management program shall submit such program to the Secretary for review and approval pursuant to [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1455&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1503 — License for ownership, construction, and operation of deepwater port

**(a) Requirement** No person may engage in the ownership, construction, or operation of a deepwater port except in accordance with a license issued pursuant to this chapter. No person may transport or otherwise transfer any oil or natural gas between a deepwater port and the United States unless such port has been so licensed and the license is in force. **(b) Issuance, transfer, amendment, or reinstatement** The Secretary may— (1) on application, issue a license for the ownership, construction, and operation of a deepwater port; and (2) on petition of the licensee, amend, transfer, or reinstate a license issued under this chapter. **(c) Conditions for issuance** The Secretary may issue a license in accordance with the provisions of this chapter if— (1) the Secretary determines that the applicant is financially responsible and will meet the requirements of [section 2716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2716&num=0&edition=prelim); (2) the Secretary determines that the applicant can and will comply with applicable laws, regulations, and license conditions; (3) the Secretary determines that the construction and operation of the deepwater port will be in the national interest and consistent with national security and other national policy goals and objectives, including energy sufficiency and environmental quality; (4) the Secretary determines that the deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law; (5) the Secretary determines, in accordance with the environmental review criteria established pursuant to [section 1505 of this title](https://uscode.house.gov/view.xhtml?req

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1503

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1451 — Congressional findings

Page 1872 TITLE 16—CONSERVATION § 1447f 1 So in original. The semicolon probably should be a period. as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 1447f. Authorization of appropriations (a) In general For purposes of carrying out the provisions of this chapter, there are authorized to be appro- priated $18,000,000 for each of the fiscal years 1992 through 1996. (b) Allocation (1) Of funds appropriated in any fiscal year, not more than $500,000 shall be reserved for ad- ministration of this chapter by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency. (2) Funds appropriated in a fiscal year which are available after allocation pursuant to para- graph (1), shall be used to support the adminis- trative costs of Boards established pursuant to section 1447b(a) of this title, provided that such funding does not exceed $300,000 for each re- search Board in each fiscal year. (3) Seventy-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be allocated equally among Boards located in regions sub- mitting research project grant applications pur- suant to section 1447d(b) of this title. (4) Twenty-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be all

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1451

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1454 — Submittal of State program for approval

Page 1879 TITLE 16—CONSERVATION § 1454 on its continental shelf will result in greater access to data collected during such research and will increase maritime domain awareness, thereby reducing poten- tial exposure to security, economic, and environmental risks. NOW, THEREFORE, I, DONALD J. TRUMP, Presi- dent of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the fol- lowing: SECTION 1. Policy. The United States will exercise its right to regulate, authorize, and conduct marine sci- entific research, with a specific requirement to author- ize, in advance, all instances of foreign marine sci- entific research, in the United States EEZ and on its continental shelf to the extent permitted under inter- national law. SEC. 2. Implementation. The Secretary of State (Sec- retary) shall have lead responsibility for implementing this proclamation, in consultation with relevant execu- tive departments and agencies (agencies) and with the Ocean Policy Committee established in Executive Order 13840 (Ocean Policy Committee). SEC. 3. Intelligence. The Intelligence Community of the Federal Government shall support the implementa- tion of this proclamation, as appropriate. SEC. 4. Information Sharing. To facilitate the process for reviewing applications for marine scientific re- search, agencies not part of the Intelligence Commu- nity shall share information related to marine sci- entific research with the Department of State, to the maximum extent authorized by law. SEC. 5. Termination. This proclamation shall remain in effect until terminated by the President. At any time, but not less frequently than every 2 years from the date of this proclamation [Sept. 9, 2020],

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1454

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1508 — Adjacent coastal States

Page 643 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1508 to which its license is issued, except as provided by subsection (b) of this section. (b) Discrimination prohibition; exceptions A licensee is not discriminating under this section and is not subject to common carrier regulations under subsection (a) of this section when that licensee— (1) is subject to effective competition for the transportation of oil from alternative trans- portation systems; and (2) sets its rates, fees, charges, and condi- tions of service on the basis of competition, giving consideration to other relevant busi- ness factors such as the market value of serv- ices provided, licensee’s cost of operation, and the licensee’s investment in the deepwater port and a storage facility, and components thereof, serviced directly by that deepwater port. (c) Enforcement, suspension, or termination pro- ceedings When the Secretary has reason to believe that a licensee is not in compliance with this section, the Secretary shall commence an appropriate proceeding before the Federal Energy Regu- latory Commission or request the Attorney Gen- eral to take appropriate steps to enforce compli- ance with this section and, when appropriate, to secure the imposition of appropriate sanctions. In addition, the Secretary may suspend or re- voke the license of a licensee not complying with its obligations under this section. (d) Managed access Subsections (a) and (b) shall not apply to deep- water ports for natural gas. A licensee of a deep- water port for natural gas, or an affiliate there- of, may exclusively utilize the entire capacity of the deepwater port and storage facilities for the acceptance, transport, storage, regasification, or conveyance of natural gas produced, processed, mark

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1508

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