33 U.S.C. § 1502 | Definitions

In this chapter:

(1)

Adjacent coastal State .—

section 1508(a)(2) of this titleThe term “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 .

(2)

Affiliate .—

section 1504(c)(2) of this titleThe term “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 subparagraph (A) or (B) of .

(3)

Application .—

The term “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 .—

The term “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 .—

1 So in original. Probably should be preceded by an opening parenthesis.

The term “coastal environment” means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including  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.

(6)

Coastal State .—

The term “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 .—

The term “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 .—

The term “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 .—

The term “deepwater port”—

(A)

section 1522 of this title 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 or from any State, except as otherwise provided in , 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)

42 U.S.C. 7401 33 U.S.C. 1251 shall be considered a “new source” for purposes of the Clean Air Act ( et seq.), and the Federal Water Pollution Control Act ( et seq.).

(10)

Governor .—

The term “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 .—

The term “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 .—

The term “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 .—

The term “natural gas” means either natural gas unmixed, or any mixture of natural or artificial gas, including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas.

(14)

Oil .—

The term “oil” means petroleum, crude oil, and any substance refined from petroleum or crude oil.

(15)

Person .—

The term “person” includes an individual, a public or private corporation, a partnership or other association, or a government entity.

(16)

Safety zone .—

section 1509(d) of this titleThe term “safety zone” means the safety zone established around a deepwater port as determined by the Secretary in accordance with .

(17)

Secretary .—

The term “Secretary” means the Secretary of Transportation.

(18)

State .—

The term “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.

(19)

Vessel .—

The term “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, § 3Jan. 3, 197588 Stat. 2127 Pub. L. 98–419, § 2(a)Sept. 25, 198498 Stat. 1607 Pub. L. 104–324, title V, § 503Oct. 19, 1996110 Stat. 3926 Pub. L. 107–295, title I, § 106(b)Nov. 25, 2002116 Stat. 2086 Pub. L. 109–58, title III, § 321(b)Aug. 8, 2005119 Stat. 694 Pub. L. 112–213, title III, § 312Dec. 20, 2012126 Stat. 1569 Pub. L. 118–31, div. C, title XXXV, § 3514(k)(2)Dec. 22, 2023137 Stat. 813(, , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42The Clean Air Act, referred to in par. (9)(D), is , , which is classified generally to chapter 85 (§ 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 and Tables.

act June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 816 section 1251 of this titleThe Federal Water Pollution Control Act, as amended, referred to in par. (9)(D), is , as amended generally by , , , which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 118–31, div. C, title XXXV, § 3514(k)(2)(B)(ii)Dec. 22, 2023137 Stat. 813, (D)(ii), , , which directed insertion of par. headings in pars. (1) to (19) comprised of the term defined in the par. without specifying where to insert the heading, was executed by inserting the heading after par. designation and before “The term” and supplying the heading style to reflect the probable intent of Congress.

Amendments

Pub. L. 118–31, § 3514(k)(2)(A)2023—, substituted “Definitions” for “Definitions” in section catchline and “In this chapter:” for “As used in this chapter, unless the context otherwise requires, the term—” in introductory provisions.

Pub. L. 118–31, § 3514(k)(2)(B)2023—Par. (1). , inserted term defined in par. as heading and “The term” after par. designation and substituted period for semicolon at end.

Pub. L. 118–31, § 3514(k)(2)(B)section 1504(c)(2) of this titlePar. (2). , (C), inserted term defined in par. as heading and “The term” after par. designation and substituted “subparagraph (A) or (B) of ” for “section 1504(c)(2)(A) or (B) of this title” and a period for semicolon at end.

Pub. L. 118–31, § 3514(k)(2)(B)Pars. (3) to (17). , inserted term defined in par. as heading and “The term” after par. designation and substituted period for semicolon at end.

Pub. L. 118–31, § 3514(k)(2)(D)Par. (18). , (E), inserted term defined in par. as heading and “The term” after par. designation and substituted a period for “; and” at end.

Pub. L. 118–31, § 3514(k)(2)(D)Par. (19). , inserted term defined in par. as heading and “The term” after par. designation.

Pub. L. 112–2132012—Par. (9)(A). inserted “or from” before “any State”.

Pub. L. 109–582005—Par. (13). inserted “, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas” before semicolon at end.

Pub. L. 107–295, § 106(b)(2)section 1522 of this title2002—Par. (9). , 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 , 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;”.

Pub. L. 107–295, § 106(b)(1)Pars. (13) to (19). , (3), added par. (13) and redesignated former pars. (13) to (18) as (14) to (19), respectively.

Pub. L. 104–324, § 503(a)July 2, 1890October 15, 191415 U.S.C. 41August 27, 18941996—Pars. (3) to (8). , 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 , as amended, the Act of , as amended, the Federal Trade Commission Act ( et seq.), and sections 73 and 74 of the Act of , as amended;”.

Pub. L. 104–324, § 503(a)(2)section 1522 of this title section 1522 of this titlePar. (9). , (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 , 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 .” Former par. (9) redesignated (8).

Pub. L. 104–324, § 503(a)(2)Pars. (10) to (19). , redesignated pars. (11) to (19) as (10) to (18), respectively. Former par. (10) redesignated (9).

Pub. L. 98–4191984—Par. (4). 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.

Executive Documents

Territorial Sea and Contiguous Zone of United States

section 1331 of Title 43For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under , Public Lands.