33 U.S.C. § 1505 — Environmental review criteria

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 determined to be necessary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) for the application and issuance of licenses for a deepwater port for natural gas.’’ INFORMATION TO BE PROVIDED Pub. L. 109–241, title III, § 304(c)(2), July 11, 2006, 120 Stat. 527, which required the Coast Guard, when oper- ating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for certain liquefied natural gas or liquefied petroleum gas terminals, to provide the information described in subsec. (c)(2)(K) of this section, was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(b)(1), Jan. 1, 2021, 134 Stat. 4747. See subsec. (j)(2) of this sec- tion. § 1505. Environmental review criteria (a) Establishment The Secretary, in accordance with the rec- ommendations of the Administrator of the Envi- ronmental Protection Agency and the Adminis- trator 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, en- vironmental review criteria consistent with the National Environmental Policy Act [42 U.S.C. 4321 et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an ap- plication, 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 re- lated to deepwater port development; (6) the effect on human health and welfare; and (7) such other considerations as the Sec- retary 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 pur- suant to subsection (a) of this section. (c) Requirement The criteria established pursuant to this sec- tion shall be developed concurrently with the regulations promulgated pursuant to section 1504(a) of this title and in accordance with that section and in accordance with the provisions of that subsection. (Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 118–31, div. C, title XXXV, § 3514(k)(5), Dec. 22, 2023, 137 Stat. 818.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act, referred to in subsec. (a), probably means the National Environ- mental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 3514(k)(5)(A), in- serted heading. Subsec. (b). Pub. L. 118–31, § 3514(k)(5)(B), inserted heading. Subsec. (c). Pub. L. 118–31, § 3514(k)(5)(C), inserted heading and, in text, substituted ‘‘The criteria’’ for ‘‘Criteria’’ and ‘‘concurrently with the regulations pro- mulgated pursuant to section 1504(a) of this title and in accordance with that section’’ for ‘‘concurrently with the regulations in subsection (a) of section 1504 of this title and in accordance with the provisions of that sub- section’’. § 1506. Repealed. Pub. L. 104–324, title V, § 506, Oct. 19, 1996, 110 Stat. 3927 Section, Pub. L. 93–627, § 7, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 98–419, § 2(g), (h), Sept. 25, 1984, 98 Stat. 1607, provided for antitrust review by Attorney General and Federal Trade Commission prior to issuance of license for ownership, construction, and operation of deep- water port. § 1507. Common carrier status (a) Status of deepwater ports and storage facili- ties A deepwater port and a storage facility serv- iced directly by that deepwater port shall oper- ate as a common carrier under applicable provi- sions of part I of the Interstate Commerce Act and subtitle IV of title 49, and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect