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U.S. Code as of:
01/19/04
Section 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;
(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.
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