§ 1505. — Environmental review criteria.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1505]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1505. Environmental review criteria
(a) Establishment; evaluation of proposed deepwater ports
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) 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) Concurrent development of criteria and regulations
Criteria established pursuant to this section shall be developed
concurrently with the regulations in subsection (a) of section 1504 of
this title and in accordance with the provisions of that subsection.
(Pub. L. 93-627, Sec. 6, Jan. 3, 1975, 88 Stat. 2135.)
References in Text
The National Environmental Policy Act, referred to in subsec. (a),
is Pub. L. 91-190, Sec. 2, Jan. 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1503, 1504 of this title.
