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33 U.S.C. § 1505 — Environmental review criteria
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975, environmental review criteria consistent with the National Environmental Policy Act [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—
(1) the effect on the marine environment;
(2) the effect on oceanographic currents and wave patterns;
(3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources;
(4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers;
(5) effects of land-based developments related to deepwater port development;
(6) the effect on human health and welfare; and
(7) such other considerations as the Secretary deems necessary or appropriate.
**(b) Review and revision** The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.
**(c) Requirement** The criteria established pursuant to this section shall be developed concurrently with the regulations promulgated pursuant to [section 1504(a) of this title](http
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Source location: Title 33, Chapter 29, § 1505; chapter-029-deepwater-ports.md
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**(a) Establishment** The Secretary, in accordance with the recommendations of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after January 3, 1975, environmental review criteria consistent with the National Environmental Policy Act [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—
(1) the effect on the marine environment;
(2) the effect on oceanographic currents and wave patterns;
(3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources;
(4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers;
(5) effects of land-based developments related to deepwater port development;
(6) the effect on human health and welfare; and
(7) such other considerations as the Secretary deems necessary or appropriate.
**(b) Review and revision** The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section.
**(c) Requirement** The criteria established pursuant to this section shall be developed concurrently with the regulations promulgated pursuant to [section 1504(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1504/a&num=0&edition=prelim) and in accordance with that section and in accordance with the provisions of that subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations; issuance, amendment, or rescission; scope** Notwithstanding [section 468(b) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section468/b&num=0&edition=prelim), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this chapter, in accordance with the provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), without regard to subsection (a) thereof. Such regulations shall pertain to, but need not be limited to, application, issuance, transfer, renewal, suspension, and termination of licenses. Such regulations shall provide for full consultation and cooperation with all other interested Federal agencies and departments and with any potentially affected coastal State, and for consideration of the views of any interested members of the general public. The Secretary is further authorized, consistent with the purposes and provisions of this chapter, to amend or rescind any such regulation.
**(b) Additional regulations; criteria for site evaluation and preconstruction testing** The Secretary, in consultation with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, shall, as soon as practicable after January 3, 1975, prescribe regulations relating to those activities involved in site evaluation and preconstruction testing at potential deepwater port locations that may (1) adversely affect the environment; (2) interfere with authorized uses of the Outer Continental Shelf; or (3) pose a threat to human health and welfare. Such activity may thenceforth not be undertaken except in accordance with regulations prescribed pursuant to this subsectio
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 642
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1505
consider the criteria established under section 1505 of
this title.’’
Subsec. (h)(2). Pub. L. 107–295, § 106(g), inserted ‘‘and
unless prohibited by law,’’ after ‘‘Notwithstanding any
other provision of this chapter,’’.
Subsec. (i)(4). Pub. L. 107–295, § 106(c)(2), added par. (4).
1996—Subsec. (c)(3). Pub. L. 104–324 added par. (3).
1984—Subsec. (g). Pub. L. 98–419 substituted ‘‘issued’’
for ‘‘issued, transferred, or renewed’’.
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 107–295, title I, § 106(e), Nov. 25, 2002, 116 Stat.
2087, provided that:
‘‘(1) AGENCY AND DEPARTMENT EXPERTISE AND RESPON-
SIBILITIES.—Not later than 30 days after the date of the
enactment of this Act [Nov. 25, 2002], the heads of Fed-
eral departments or agencies having expertise con-
cerning, or jurisdiction over, any aspect of the con-
struction or operation of deepwater ports for natural
gas shall transmit to the Secretary of Transportation
written comments as to such expertise or statutory re-
sponsibilities pursuant to the Deepwater Port Act of
1974 (33 U.S.C. 1501 et seq.) or any other Federal law.
‘‘(2) INTERIM FINAL RULE.—The Secretary may issue
an interim final rule as a temporary regulation imple-
menting this section [amending this section and sec-
tions 1501 to 1503, 1507, and 1520 of this title] (including
the amendments made by this section) as soon as prac-
ticable after the date of enactment of this section,
without regard to the provisions of chapter 5 of title 5,
United States Code.
‘‘(3) FINAL RULES.—As soon as practicable after the
date of the enactment of this Act, the Secretary of
Transportation shall issue additional final rules that,
in the discretion of the Secretary, are determi
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1505
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Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
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