Page:United States Statutes at Large Volume 88 Part 2.djvu/817

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[88 STAT. 2133]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2133]

88 STAT. ]

PUBLIC LAW 93-627-JAN. 3, 1975

{'2) As used in this section, "application area"' means any reasonable "••eographical area within which a deepAvater port may be constructed and opeiated. Such application area shall not exceed a circular zone, the center of which is the principal point of loading and unloading at the port, and the radius of which is the distance from such point to the high water mark of the nearest adjacent coastal State. (o) The Secretary shall accompan}' such publication with a call for submission of any other applications for licenses for the ownership, construction, and operation of a deepAvater port within the designated application area. Persons intending to iWo applications for such license shall subm't a notice of intent to file an application with the Secretary not later than 60 days after the publication of notice pursuant to subsection (c) of this section and shall submit the completed application Jio later than 90 days after publication of such notice. The Secretary shall publish notice of any such application received in r.ccordance with subsection (c) of this section. No application for a license for the ownership, construction, and operation of a deepAA'ater poit within the designated application area for AAdiich a notice of intent to file Avas receiAed after such 60-day period, or which is receiA'ed after such 90-day period has elapsed, shall be considered until the application pending AA'ith respect to such application area haA'e been denied pursuant to this Act. (e)(1) Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chief of Engineers of the United States Army Corps of Engineers^ the Administrator of the National Oceanic and Atmospheric Administration, and the heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater jDorts shall transmit to the Secretary Avritten comments as to their expertise or statutory responsibilities pursuant to this Act or any other Federal law. (2) An application filed with the Secretary shall constitute an application for all Federal authorizations required for ownership, construction, and operation of a deepAvater port. At the time notice of any application is published pursuant to subsection (c) of this section, the Secretary shall forAvard a copy of such application to those Federal agencies and departments with jurisdiction over any aspect of such OAA^nership, construction, or operation for comment, review, or recommendation as to conditions and for such other action as may be required by law. Each agency or department involved shall review the application and, based upon legal considerations within its area of responsibility, recommend to the Secretary the approval or disapproval of the application not later than 45 days after the last public hearing on a proposed license for a designated application area. I n any case in which the agency or department recommends disapproval, it shall set forth in detail the manner in which the application does not comply with any law or regulation within its area of responsibility and shall notify the Secretary how the application may be amended so as to bring it into compliance with the law or regulation involved. (f) For all timely applications covering a single application area, the Secretary, in cooperation with other involved Federal agencies and departments, shall, pursuant to section 102(2)(C) of the National Environmental Policy Act, prepare a single, detailed environmental impact statement, which shall fulfill the requirement of all Federal agencies in carrying out their responsibilities pursuant to this Act to prepare an environmental impact statement. I n preparing such statement the Secretary shall consider the criteria established under section 6 of this Act.

2133 'Application

RecommendEit i o n s to Secretary of Transportation.

Environmental impact statement.

42 USC 4332.