33 U.S.C. § 1508 : US Code - Section 1508: Adjacent coastal States

Search 33 U.S.C. § 1508 : US Code - Section 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.