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MARVIN MANDEL, Governor 3149
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(A), REGARDING THE LOCATION, CONSTRUCTION AND OPERATION
OF A DEEPWATER PORT;
(D) REQUEST ALL DOCUMENTS, REPORTS OR OTHER
INFORMATION FROM THE FEDERAL SECRETARY UNDER THE FEDERAL
ACT WHICH ARE NECESSARY TO ASSIST THE STATE IN THE
PROCESSING OF AN APPLICATION;
(E) SET REASONABLE FEES PERMITTED UNDER THE
FEDERAL ACT FOR THE USE OF A DEEPWATER PORT FACILITY AND
STATE LAND-BASED FACILITIES DIRECTLY RELAXED TO A
DEEPWATER PORT FACILITY; AND
(F) THE SECRETARY OF NATURAL RESOURCES SHALL
OBTAIN THE SUGGESTIONS AND COMMENTS OF THOSE DEPARTMENTS
HAVING RESPONSIBILITY ASSOCIATED WITH THE DUTIES
ENUMERATED IN THIS SUBSECTION.
3-605. STATE'S DECISION ON APPLICATION SITE.
(A) IF THE STATE HAS QUALIFIED AS AN ADJACENT
COASTAL STATE UNDER THE FEDERAL ACT, THE GOVERNOR SHALL
PRELIMINARILY DETERMINE THE STATE'S DECISION ON THE
PENDING APPLICATION, AND SUBMIT HIS RECOMMENDATION TO THE
LEGISLATURE, UNDER SECTION 3-605(D).
(B) THE STATE'S DECISION SHALL CONSIST OF ONE OF
THE FOLLOWING:
(1) APPROVAL OF THE APPLICATION;
(2) DISAPPROVAL OF THE APPLICATION; OR
(3) CONDITIONAL APPROVAL OF THE APPLICATION,
UNDER WHICH APPROVAL MOULD BE GRANTED IF THE APPLICATION
WERE AMENDED TO REMOVE CERTAIN INCONSISTENCIES WITH STATE
PROGRAMS RELATING TO ENVIRONMENTAL PROTECTION, LAND AND
WATER USE OR COASTAL ZONE MANAGEMENT.
(C) IN THE PRELIMINARY DETERMINATION OF THE
STATE'S DECISION, THE GOVERNOR SHALL CONSIDER FACTORS
INCLUDING:
(1) ENVIRONMENTAL REVIEW CRITERIA INCLUDING:
(I) THE EFFECT ON THE MARINE
ENVIRONMENT;
(II) THE EFFECT ON OCEANOGRAPHIC
CURRENTS AND WAVE PATTERNS;
(III) THE EFFECT ON ALTERNATE USES OF
THE OCEANS AND NAVIGABLE WATERS, SUCH AS SCIENTIFIC
STUDY, FISHING AND EXPLORATION OF OTHER LIVING AND
NONLIVING RESOURCES;
(IV) THE EFFECT OF LAND-BASED
DEVELOPMENTS RELATED TO DEEPWATER PORT DEVELOPMENT;
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