1. (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 et seq.]. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—

   1. (1) the effect on the marine environment;
   2. (2) the effect on oceanographic currents and wave patterns;
   3. (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. (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. (5) effects of land-based developments related to deepwater port development;
   6. (6) the effect on human health and welfare; and
   7. (7) such other considerations as the Secretary deems necessary or appropriate.
2. (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.
3. (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 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 Environmental 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 Welfare. 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), inserted 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 promulgated 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 subsection”.