§ 1505. Environmental review criteria

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Deepwater Port Act of 1974

   Pub. L. 93–627 § 6 · 88 Stat. 2127

   Enacted · 33 U.S.C. § 1505

   Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135

   Source evidence

   Code source credit
   Pub. L. 93–627, § 6, Jan. 3, 1975, 88 Stat. 2135

   Enacted provision · exact public law section
   Sec. 6. environmental review criteria (a) The Secretary, in accordance with the recommendations 33 USC 1505. 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 the date of enactment of this Act, environmental review criteria consistent with the National Environmental Policy Act. 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) 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) Criteria established pursuant to this section shall be developed concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection.

2. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 3514(k)(5)(A) · 137 Stat. 136

   Inserted · 33 U.S.C. § 1505(a)

   Pub. L. 118–31, § 3514(k)(5)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–31, § 3514(k)(5)(A), inserted heading.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “(a) The Secretary” and inserting the following: “(a) Establishment.— The Secretary” ;

3. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 3514(k)(5)(B) · 137 Stat. 136

   Inserted · 33 U.S.C. § 1505(b)

   Pub. L. 118–31, § 3514(k)(5)(B), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 118–31, § 3514(k)(5)(B), inserted heading.

   Enacted provision · exact public law section
   (B) in subsection (b)— (i) by striking “of this section”; and (ii) by striking “(b) The Secretary” and inserting the following: “(b) Review and Revision.— The Secretary” ; and

4. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 3514(k)(5)(C) · 137 Stat. 136

   1. Inserted · 33 U.S.C. § 1505(c)

      Pub. L. 118–31, § 3514(k)(5)(C), inserted heading and, in text

   2. Substituted · 33 U.S.C. § 1505(c)

      Pub. L. 118–31, § 3514(k)(5)(C), substituted “The criteria” for “Criteria”

   3. Substituted · 33 U.S.C. § 1505(c)

      Pub. L. 118–31, § 3514(k)(5)(C), substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (C) in subsection (c)— (i) by striking “concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection” and inserting “concurrently with the regulations promulgated pursuant to section 5(a) and in accordance with that section”; and (ii) by striking “(c) Criteria” and inserting the following: “(c) Requirement.— The criteria” .

6 of 6 references resolved to an enrolled provision