§1502 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Defines key words used in the chapter. Adjacent coastal State means a coastal State that would be directly linked by pipeline to a proposed deepwater port, is within 15 miles of a proposed deepwater port, or is chosen by the Secretary under section 1508(a)(2). Affiliate means an entity owned or controlled by, owning or controlling, or under common ownership or control with an applicant or licensee, or a person the law requires to be disclosed. Application means the filing for a license to own, build, and run a deepwater port. Citizen of the United States covers a U.S. citizen by law, birth, or naturalization; a State or its agency; or a company formed under State law that has a U.S. citizen as its president (or top executive) and board chair (or similar officer) and that has no more non‑U.S. citizen directors than a minority of the number needed for a quorum. Coastal environment means the navigable waters and nearby shorelines and areas like bays, marshes, estuaries, and beaches, plus their fish, wildlife, and recreational and scenic values. Coastal State means any State bordering the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico. Construction covers supervising, inspecting, building, repairing, expanding, and related work (for example, pile driving or bulkheading). Control means the power to set policy or decisions by ownership, board seats, contracts, or other means. Deepwater port means a manmade fixed or floating structure or group of structures beyond State seaward boundaries used for transport, storage, or handling of oil or natural gas for shipment to or from any State; it includes components seaward of the high water mark, special rules for natural gas components, and is treated as a “new source” under the Clean Air Act and the Federal Water Pollution Control Act. Governor means the State Governor or the person the State names to act for the Governor. Licensee means a U.S. citizen holding a valid deepwater port license under this chapter. Marine environment includes the coastal environment, the contiguous zone, and the high seas and their living and recreational resources. Natural gas includes unmixed gas and mixtures such as compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and condensate. Oil means petroleum, crude oil, and any product refined from them. Person includes individuals, corporations, partnerships, associations, and government entities. Safety zone means the safety area set around a deepwater port by the Secretary under section 1509(d). Secretary means the Secretary of Transportation. State includes each State, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Vessel means any kind of watercraft used to move on or through the water.

Title 33, §1502

Navigation and Navigable Waters — Source: USLM XML via OLRC

In this chapter:

(1)The 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 section 1508(a)(2) of this title.

(2)The 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 section 1504(c)(2) of this title.

(3)The term “application” means an application submitted under this Act for a license for the ownership, construction, and operation of a deepwater port.

(4)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)The term “coastal environment” means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including 11 So in original. Probably should be preceded by an opening parenthesis. 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)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)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)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)The term “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 or from 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)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)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)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)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)The term “oil” means petroleum, crude oil, and any substance refined from petroleum or crude oil.

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

(16)The term “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)The term “Secretary” means the Secretary of Transportation.

(18)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)The term “vessel” means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in par. (9)(D), is act July 14, 1955, ch. 360, 69 Stat. 322, 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

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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, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1251 of this title and Tables. Codification Pub. L. 118–31, div. C, title XXXV, § 3514(k)(2)(B)(ii), (D)(ii), Dec. 22, 2023, 137 Stat. 813, 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

2023—Pub. L. 118–31, § 3514(k)(2)(A), 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. 2023—Par. (1). Pub. L. 118–31, § 3514(k)(2)(B), inserted term defined in par. as heading and “The term” after par. designation and substituted period for semicolon at end. Par. (2). Pub. L. 118–31, § 3514(k)(2)(B), (C), inserted term defined in par. as heading and “The term” after par. designation and substituted “subparagraph (A) or (B) of section 1504(c)(2) of this title” for “section 1504(c)(2)(A) or (B) of this title” and a period for semicolon at end. Pars. (3) to (17). Pub. L. 118–31, § 3514(k)(2)(B), inserted term defined in par. as heading and “The term” after par. designation and substituted period for semicolon at end. Par. (18). Pub. L. 118–31, § 3514(k)(2)(D), (E), inserted term defined in par. as heading and “The term” after par. designation and substituted a period for “; and” at end. Par. (19). Pub. L. 118–31, § 3514(k)(2)(D), inserted term defined in par. as heading and “The term” after par. designation. 2012—Par. (9)(A). Pub. L. 112–213 inserted “or from” before “any State”. 2005—Par. (13). Pub. L. 109–58 inserted “, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas” before semicolon at end. 2002—Par. (9). Pub. L. 107–295, § 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, § 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, § 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 section 73 and 74 of the Act of

August 27, 1894, as amended;”. Par. (9). Pub. L. 104–324, § 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, § 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.

Executive Documents

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.

§1502 Definitions

Summary

Title 33, §1502

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Executive Documents

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