§ 1502. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1502]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 29--DEEPWATER PORTS
Sec. 1502. Definitions
As used in this chapter, unless the context otherwise requires, the
term--
(1) ``adjacent coastal State'' means any coastal State which (A)
would be directly connected by pipeline to a deepwater port, as
proposed in an application; (B) would be located within 15 miles of
any such proposed deepwater port; or (C) is designated by the
Secretary in accordance with section 1508(a)(2) of this title;
(2) ``affiliate'' means any entity owned or controlled by, any
person who owns or controls, or any entity which is under common
ownership or control with an applicant, licensee, or any person
required to be disclosed pursuant to section 1504(c)(2)(A) or (B) of
this title;
(3) ``application'' means an application submitted under this
Act for a license for the ownership, construction, and operation of
a deepwater port;
(4) ``citizen of the United States'' means any person who is a
United States citizen by law, birth, or naturalization, any State,
any agency of a State or a group of States, or any corporation,
partnership, or association organized under the laws of any State
which has as its president or other executive officer and as its
chairman of the board of directors, or holder of a similar office, a
person who is a United States citizen by law, birth or
naturalization and which has no more of its directors who are not
United States citizens by law, birth or naturalization than
constitute a minority of the number required for a quorum necessary
to conduct the business of the board;
(5) ``coastal environment'' means the navigable waters
(including the lands therein and thereunder) and the adjacent
shorelines including \1\ waters therein and thereunder). The term
includes transitional and intertidal areas, bays, lagoons, salt
marshes, estuaries, and beaches; the fish, wildlife and other living
resources thereof; and the recreational and scenic values of such
lands, waters and resources;
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\1\ So in original. Probably should be preceded by an opening
parenthesis.
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(6) ``coastal State'' means any State of the United States in or
bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of
Mexico;
(7) ``construction'' means the supervising, inspection, actual
building, and all other activities incidental to the building,
repairing, or expanding of a deepwater port or any of its
components, including, but not limited to, pile driving and
bulkheading, and alterations, modifications, or additions to the
deepwater port;
(8) ``control'' means the power, directly or indirectly, to
determine the policy, business practices, or decisionmaking process
of another person, whether by stock or other ownership interest, by
representation on a board of directors or similar body, by contract
or other agreement with stockholders or others, or otherwise;
(9) ``deepwater port''--
(A) means any fixed or floating manmade structure other than
a vessel, or any group of such structures, that are located
beyond State seaward boundaries and that are used or intended
for use as a port or terminal for the transportation, storage,
or further handling of oil or natural gas for transportation to
any State, except as otherwise provided in section 1522 of this
title, and for other uses not inconsistent with the purposes of
this chapter, including transportation of oil or natural gas
from the United States outer continental shelf;
(B) includes all components and equipment, including
pipelines, pumping stations, service platforms, buoys, mooring
lines, and similar facilities to the extent they are located
seaward of the high water mark;
(C) in the case of a structure used or intended for such use
with respect to natural gas, includes all components and
equipment, including pipelines, pumping or compressor stations,
service platforms, buoys, mooring lines, and similar facilities
that are proposed or approved for construction and operation as
part of a deepwater port, to the extent that they are located
seaward of the high water mark and do not include
interconnecting facilities; and
(D) shall be considered a ``new source'' for purposes of the
Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
(10) ``Governor'' means the Governor of a State or the person
designated by State law to exercise the powers granted to the
Governor pursuant to this chapter;
(11) ``licensee'' means a citizen of the United States holding a
valid license for the ownership, construction, and operation of a
deepwater port that was issued, transferred, or renewed pursuant to
this chapter;
(12) ``marine environment'' includes the coastal environment,
waters of the contiguous zone, and waters of the high seas; the
fish, wildlife, and other living resources of such waters; and the
recreational and scenic values of such waters and resources;
(13) ``natural gas'' means either natural gas unmixed, or any
mixture of natural or artificial gas, including compressed or
liquefied natural gas;
(14) ``oil'' means petroleum, crude oil, and any substance
refined from petroleum or crude oil;
(15) ``person'' includes an individual, a public or private
corporation, a partnership or other association, or a government
entity;
(16) ``safety zone'' means the safety zone established around a
deepwater port as determined by the Secretary in accordance with
section 1509(d) of this title;
(17) ``Secretary'' means the Secretary of Transportation;
(18) ``State'' includes each of the States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States; and
(19) ``vessel'' means every description of watercraft or other
artificial contrivance used as a means of transportation on or
through the water.
(Pub. L. 93-627, Sec. 3, Jan. 3, 1975, 88 Stat. 2127; Pub. L. 98-419,
Sec. 2(a), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 104-324, title V,
Sec. 503, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107-295, title I,
Sec. 106(b), Nov. 25, 2002, 116 Stat. 2086.)
References in Text
The Clean Air Act, referred to in par. (9)(D), is act July 14, 1955,
ch. 360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, as amended, referred to in
par. (9)(D), is act June 30, 1948, ch. 758, as amended generally by Pub.
L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 (Sec. 1251 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
Amendments
2002--Par. (9). Pub. L. 107-295, Sec. 106(b)(2), amended par. (9)
generally. Prior to amendment, par. (9) read as follows: `` `deepwater
port' means any fixed or floating manmade structures other than a
vessel, or any group of structures, located beyond the territorial sea
and off the coast of the United States and which are used or intended
for use as a port or terminal for the transportation, storage, and
further handling of oil for transportation to any State, except as
otherwise provided in section 1522 of this title, and for other uses not
inconsistent with the purposes of this chapter, including transportation
of oil from the United States outer continental shelf. The term includes
all associated components and equipment, including pipelines, pumping
stations, service platforms, mooring buoys, and similar appurtenances to
the extent they are located seaward of the high water mark. A deepwater
port shall be considered a `new source' for purposes of the Clean Air
Act, as amended, and the Federal Water Pollution Control Act, as
amended;''.
Pars. (13) to (19). Pub. L. 107-295, Sec. 106(b)(1), (3), added par.
(13) and redesignated former pars. (13) to (18) as (14) to (19),
respectively.
1996--Pars. (3) to (8). Pub. L. 104-324, Sec. 503(a), redesignated
pars. (4) to (9) as (3) to (8), respectively, and struck out former par.
(3) which read as follows: `` `antitrust laws' includes the Act of July
2, 1890, as amended, the Act of October 15, 1914, as amended, the
Federal Trade Commission Act (15 U.S.C. 41 et seq.), and sections 73 and
74 of the Act of August 27, 1894, as amended;''.
Par. (9). Pub. L. 104-324, Sec. 503(a)(2), (b), redesignated par.
(10) as (9) and substituted ``structures, located beyond the territorial
sea and off the coast of the United States and which are used or
intended for use as a port or terminal for the transportation, storage,
and further handling of oil for transportation to any State, except as
otherwise provided in section 1522 of this title, and for other uses not
inconsistent with the purposes of this chapter, including transportation
of oil from the United States outer continental shelf.'' for ``such
structures, located beyond the territorial sea and off the coast of the
United States and which are used or intended for use as a port or
terminal for the loading or unloading and further handling of oil for
transportation to any State, except as otherwise provided in section
1522 of this title.'' Former par. (9) redesignated (8).
Pars. (10) to (19). Pub. L. 104-324, Sec. 503(a)(2), redesignated
pars. (11) to (19) as (10) to (18), respectively. Former par. (10)
redesignated (9).
1984--Par. (4). Pub. L. 98-419 substituted ``means an application''
for ``means any application'', struck out designation ``(A)'' before
``for a license'', and struck out cls. (B) and (C) which provided that
``application'' meant any application submitted under this chapter for
transfer of any license referred to in this paragraph, or for any
substantial change in any of the conditions and provisions of any such
license.
Territorial Sea and Contiguous Zone of United States
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as
notes under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in section 2704 of this title; title 16
section 1453.