33 U.S.C. § 1505 — Environmental review criteria

(a) Establishment. As soon as practicable after January 3, 1975, the Secretary^* must establish environmental review criteria consistent with the National Environmental Policy Act [42 U.S.C. 4321 et seq.]. The Secretary must follow recommendations of the Environmental Protection Agency Administrator and the National Oceanic and Atmospheric Administration Administrator, and consult other Federal departments and agencies with jurisdiction over any aspect of constructing or operating a deepwater port^*. The criteria must evaluate a deepwater port proposed in an application^*, including: (1) effects on the marine environment^*; (2) effects on oceanographic currents and wave patterns; (3) effects on alternate ocean and navigable-water uses, such as scientific study, fishing, and using other living and nonliving resources; (4) possible dangers from waves, winds, weather, and geological conditions, and steps to protect against or minimize them; (5) effects of related land-based development; (6) effects on human health and welfare; and (7) other matters the Secretary considers necessary or appropriate. (b) Review and revision. The Secretary must periodically review and, when necessary, revise these criteria in the same manner as originally developed. (c) Requirement. The criteria must be developed concurrently with regulations issued under section 1504(a) of this title and in accordance with that section and its subsection.