US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be preceded by an opening 
parenthesis.
---------------------------------------------------------------------------
        (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.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com