§ 1508. — Adjacent coastal States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1508]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1508. Adjacent coastal States
(a) Designation; direct pipeline connections; mileage; risk of damage to
coastal environment, time for designation
(1) The Secretary, in issuing notice of application pursuant to
section 1504(c) of this title, shall designate as an ``adjacent coastal
State'' any coastal State which (A) would be directly connected by
pipeline to a deepwater port as proposed in an application, or (B) would
be located within 15 miles of any such proposed deepwater port.
(2) The Secretary shall, upon request of a State, and after having
received the recommendations of the Administrator of the National
Oceanic and Atmospheric Administration, designate such State as an
``adjacent coastal State'' if he determines that there is a risk of
damage to the coastal environment of such State equal to or greater than
the risk posed to a State directly connected by pipeline to the proposed
deepwater port. This paragraph shall apply only with respect to requests
made by a State not later than the 14th day after the date of
publication of notice of an application for a proposed deepwater port in
the Federal Register in accordance with section 1504(c) of this title.
The Secretary shall make the designation required by this paragraph not
later than the 45th day after the date he receives such a request from a
State.
(b) Applications; submittal to Governors for approval or disapproval;
consistency of Federal licenses and State programs; views of
other interested States
(1) Not later than 10 days after the designation of adjacent coastal
States pursuant to this chapter, the Secretary shall transmit a complete
copy of the application to the Governor of each adjacent coastal State.
The Secretary shall not issue a license without the approval of the
Governor of each adjacent coastal State. If the Governor fails to
transmit his 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. If the
Governor 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) Any other interested State 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 a
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 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].
(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.
(Pub. L. 93-627, Sec. 9, Jan. 3, 1975, 88 Stat. 2136.)
References in Text
The Coastal Zone Management Act of 1972, referred to in subsec. (c),
is title III of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1280, as amended, which is classified generally to
chapter 33 (Sec. 1451 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1451 of Title 16, and Tables.
Section Referred to in Other Sections
This section is referred to in sections 1502, 1503 of this title.
