|
U.S. Code as of:
01/19/04
Section 1453. Definitions
For purposes of this chapter -
(1) The term "coastal zone" means the coastal waters (including
the lands therein and thereunder) and the adjacent shorelands
(including the waters therein and thereunder), strongly
influenced by each other and in proximity to the shorelines of
the several coastal states, and includes islands, transitional
and intertidal areas, salt marshes, wetlands, and beaches. The
zone extends, in Great Lakes waters, to the international
boundary between the United States and Canada and, in other
areas, seaward to the outer limit of State title and ownership
under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act
of March 2, 1917 (48 U.S.C. 749) [48 U.S.C. 731 et seq.], the
Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America, as
approved by the Act of March 24, 1976 [48 U.S.C. 1801 et seq.],
or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), as
applicable. The zone extends inland from the shorelines only to
the extent necessary to control shorelands, the uses of which
have a direct and significant impact on the coastal waters, and
to control those geographical areas which are likely to be
affected by or vulnerable to sea level rise. Excluded from the
coastal zone are lands the use of which is by law subject solely
to the discretion of or which is held in trust by the Federal
Government, its officers or agents.
(2) The term "coastal resource of national significance" means
any coastal wetland, beach, dune, barrier island, reef, estuary,
or fish and wildlife habitat, if any such area is determined by a
coastal state to be of substantial biological or natural storm
protective value.
(3) The term "coastal waters" means (A) in the Great Lakes
area, the waters within the territorial jurisdiction of the
United States consisting of the Great Lakes, their connecting
waters, harbors, roadsteads, and estuary-type areas such as bays,
shallows, and marshes and (B) in other areas, those waters,
adjacent to the shorelines, which contain a measurable quantity
or percentage of sea water, including, but not limited to,
sounds, bays, lagoons, bayous, ponds, and estuaries.
(4) The term "coastal state" means a state of the United States
in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the
Gulf of Mexico, Long Island Sound, or one or more of the Great
Lakes. For the purposes of this chapter, the term also includes
Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and the Trust Territories of the
Pacific Islands, and American Samoa.
(5) The term "coastal energy activity" means any of the
following activities if, and to the extent that (A) the conduct,
support, or facilitation of such activity requires and involves
the siting, construction, expansion, or operation of any
equipment or facility; and (B) any technical requirement exists
which, in the determination of the Secretary, necessitates that
the siting, construction, expansion, or operation of such
equipment or facility be carried out in, or in close proximity
to, the coastal zone of any coastal state;
(i) Any outer Continental Shelf energy activity.
(ii) Any transportation, conversion, treatment, transfer, or
storage of liquefied natural gas.
(iii) Any transportation, transfer, or storage of oil,
natural gas, or coal (including, but not limited to, by means
of any deepwater port, as defined in section 1502(10) (!1) of
title 33).
For purposes of this paragraph, the siting, construction,
expansion, or operation of any equipment or facility shall be "in
close proximity to" the coastal zone of any coastal state if such
siting, construction, expansion, or operation has, or is likely
to have, a significant effect on such coastal zone.
(6) The term "energy facilities" means any equipment or
facility which is or will be used primarily -
(A) in the exploration for, or the development, production,
conversion, storage, transfer, processing, or transportation
of, any energy resource; or
(B) for the manufacture, production, or assembly of
equipment, machinery, products, or devices which are involved
in any activity described in subparagraph (A).
The term includes, but is not limited to (i) electric generating
plants; (ii) petroleum refineries and associated facilities;
(iii) gasification plants; (iv) facilities used for the
transportation, conversion, treatment, transfer, or storage of
liquefied natural gas; (v) uranium enrichment or nuclear fuel
processing facilities; (vi) oil and gas facilities, including
platforms, assembly plants, storage depots, tank farms, crew and
supply bases, and refining complexes; (vii) facilities including
deepwater ports, for the transfer of petroleum; (viii) pipelines
and transmission facilities; and (ix) terminals which are
associated with any of the foregoing.
(6a) The term "enforceable policy" means State policies which
are legally binding through constitutional provisions, laws,
regulations, land use plans, ordinances, or judicial or
administrative decisions, by which a State exerts control over
private and public land and water uses and natural resources in
the coastal zone.
(7) The term "estuary" means that part of a river or stream or
other body of water having unimpaired connection with the open
sea, where the sea water is measurably diluted with fresh water
derived from land drainage. The term includes estuary-type areas
of the Great Lakes.
(8) The term "estuarine sanctuary" means a research area which
may include any part or all of an estuary and any island,
transitional area, and upland in, adjoining, or adjacent to such
estuary, and which constitutes to the extent feasible a natural
unit, set aside to provide scientists and students the
opportunity to examine over a period of time the ecological
relationships within the area.
(9) The term "Fund" means the Coastal Zone Management Fund
established under section 1456a(b) of this title.
(10) The term "land use" means activities which are conducted
in, or on the shorelands within, the coastal zone, subject to the
requirements outlined in section 1456(g) of this title.
(11) The term "local government" means any political
subdivision of, or any special entity created by, any coastal
state which (in whole or part) is located in, or has authority
over, such state's coastal zone and which (A) has authority to
levy taxes, or to establish and collect user fees, or (B)
provides any public facility or public service which is financed
in whole or part by taxes or user fees. The term includes, but is
not limited to, any school district, fire district,
transportation authority, and any other special purpose district
or authority.
(12) The term "management program" includes, but is not limited
to, a comprehensive statement in words, maps, illustrations, or
other media of communication, prepared and adopted by the state
in accordance with the provisions of this chapter, setting forth
objectives, policies, and standards to guide public and private
uses of lands and waters in the coastal zone.
(13) The term "outer Continental Shelf energy activity" means
any exploration for, or any development or production of, oil or
natural gas from the outer Continental Shelf (as defined in
section 1331(a) of title 43) or the siting, construction,
expansion, or operation of any new or expanded energy facilities
directly required by such exploration, development, or
production.
(14) The term "person" means any individual; any corporation,
partnership, association, or other entity organized or existing
under the laws of any state; the Federal Government; any state,
regional, or local government; or any entity of any such Federal,
state, regional, or local government.
(15) The term "public facilities and public services" means
facilities or services which are financed, in whole or in part,
by any state or political subdivision thereof, including, but not
limited to, highways and secondary roads, parking, mass transit,
docks, navigation aids, fire and police protection, water supply,
waste collection and treatment (including drainage), schools and
education, and hospitals and health care. Such term may also
include any other facility or service so financed which the
Secretary finds will support increased population.
(16) The term "Secretary" means the Secretary of Commerce.
(17) The term "special area management plan" means a
comprehensive plan providing for natural resource protection and
reasonable coastal-dependent economic growth containing a
detailed and comprehensive statement of policies; standards and
criteria to guide public and private uses of lands and waters;
and mechanisms for timely implementation in specific geographic
areas within the coastal zone.
(18) The term "water use" means a use, activity, or project
conducted in or on waters within the coastal zone.
|
|