630 



(d) Application area; publication in Federal Register; 

 definition of "application area"; submission of 

 other applications; notice of intent and submis- 

 sion of completed applications; denial of pending 

 application prior to consideration of other un- 

 timely applications. 



(1) At the time notice of an application is pub- 

 lished pursuant to subsection fc> of this section the 

 Secretary shall publish a description in the Federal 

 Register of an application area encompassiner the 

 deepwater port site proposed by such application and 

 within which construction of the proposed deep- 

 water port would eliminate, at the time such apoli- 

 cation was submitted, the need for any other deep- 

 water port within that application area. 



(2) As used in this section, "application area" 

 means any reasonable geographical area within 

 which a deepwater port may be constructed and op- 

 erated. Such application area shall net exceed a cir- 

 cular zone, the center of which is the orinciral point 

 of loading and unloading at the port, and the radius 

 of which is the distance from such po'nt to tho high 

 water mark of the nearest adjacent constal State, 



(3) The Secretary shall accompany such publica- 

 tion with a call for submission of any other appli- 

 cations for licenses for the ownership, construction, 

 and operation of a deepwater port within the desig- 

 nated application area. Persons intending to file ap- 

 plications for such license shall submit 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 no later than 90 

 days after publication of such notice. The Secretary 

 shall publish notice of any such application received 

 In accordance with subsection fc) of this section. 

 No apphcation for a license for the ownership, con- 

 struction, and operation of a deepwater port within 

 the designated application area for which a notice 

 of intent to file was received after such 60-day 

 period, or which is received after such 90-day period 

 has elapsed, shall be considered until the application 

 pending with respect to such application area have 

 been denied pursuant to this chapter. 



(e) Recommendations to Secretary of Transportation; 

 application for all Federal authorizations; copies 

 of application to Federal agencies and departments 

 with jurisdiction; recommendation of approval or 

 disapproval and of manner of amendment to 

 comply with laws or regulations. 



(1) Not later than 30 days after January 3, 1975, 

 the Secretary of the Interior, the Administrator of 

 the Environmental Protection Agency, the Chief of 

 Engineers of the United States Army Corps of En- 

 gineers, the Administrator of the National Oceanic 

 and Atmospheric Administration, and the heads of 

 any other Federal department or agencies having 

 expertise concerning, or jurisdiction over, any as- 

 pect of the construction or operation of deepwater 

 ports shall transmit to the Secretary written com- 

 ments as to their expertise or statutory responsi- 

 bilities pursuant to this chapter or any other Fed- 

 eral law. 



'2) An application filpd with the ■'=!erreta'-v shall 

 constitute an application for all Federal authoriza- 

 tions reou'red ("or ovv^ner^hin. con-^tniction and op- 

 eration of a deepwater port At the time notice of 

 any anpbcation is published pursuant tn subjection 

 fc) of this section, the Secrptarj' shaU forward a 

 copy of such af^piir-ation to those Federal agencies 

 and departments with iurisdiction over anv aspect 

 of such ownership, construction, or ope'-at'on for 

 comment review or recommendation as to condi- 

 tions and for such other -action as ma" be required 

 by law. Each agency or department involved .shall 

 review the application and. based upon legal con- 

 siderations within its area of respons'bilitv, recom- 

 mend to the Secret'ary the approval or disapproval 

 of the application not later th^n 45 days after the 

 last public hearing on a proposed license for a 

 designated application area, in any case in which 

 the a,eency or department recommends disanproval,- 

 it shall .set for*^h in detail the manner in which the 

 application does not comply with any law or regu- 

 lation within its area of responsibility and shall no- 

 tify the Secretary how the application may be 

 amended =o as to bring it into compliance with the 

 law or regulation involved. 



(f) Fnvironment.Tl imoaot statement for single appli- 

 rntion areo ■ criteria. 



For all timely applications covering a single ap- 

 plication area, the Secretary, in cooperation with 



cth°r involved '•federal agen-^ie'-- and departments, 

 shall, pursuant to section 4332(2UC) of Title 42. 

 prepare a single detailed environmental imnact 

 statement, which shall fulfill the requirement of all 

 Federal agencies in carrying out their responsibili- 

 ties pursuant to this chapter to prepare an environ- 

 mental impact statement. In preparing such state- 

 ment the Secretary shall consider the criteria es- 

 tablished under section 1505 of this title. 



(g) Pub'ic "Of ice and bearings; evidentiary hearing 

 in District of Columbia: decision of Secretary 

 based on evidentiary -ecord; consolidation of 



hearinTS. 

 A license mav be issued, transferred, or renewed 

 only after public notice and public hearings in ac- 

 cordance with this subsection, /t least one such pub- 

 lic heari'-ig shall be held in ea:h adjacent coastal 

 State. Any interested person may present relevant 

 material at any hearing. After hearings in each ad- 

 jacent coastal State are concluded if the Secretary 

 determines that there exists one or more specific and 

 material factual issues which may be resolved by a 

 formal evidentiary hearing, at least one adjudicatory 

 hearing shall be held in accordance with the provi- 

 sions of section 554 of Title 5 in the District of 

 Columbia. The record developed in any such ad- 

 judicatory hearing shall be basis for the Secretary's 

 decision to approve or deny a license. Hearings held 

 pursuant to this subsection shall be consolidated in- 

 sofar as practicable with hearings held by other 

 agencies. All public hearings on all applications for 

 any designated application area shall be consolidated 

 and shall be concluded not later than 240 days after 

 notice of the initial application has been published 

 pursuant to subsection (c) of this section. 



