§ 1502. Definitions

Footnotes

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Deepwater Port Act of 1974

   Pub. L. 93–627 § 3 · 88 Stat. 2127

   Enacted · 33 U.S.C. § 1502

   Pub. L. 93–627, § 3, Jan. 3, 1975, 88 Stat. 2127

   Source evidence

   Code source credit
   Pub. L. 93–627, § 3, Jan. 3, 1975, 88 Stat. 2127

   Enacted provision · exact public law section
   Sec. 3. definitions As used in this Act, unless the context otherwise requires, 33 USC 1502. 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 9(a)(2) of this Act; (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 5(c)(2) (A) or (B); (3) “antitrust laws” includes the Act of July 2, 1890, as 15 USC 1, 12. 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; (4) “application” means any application submitted under this Act (A) for a license for the ownership, construction, and operation of a deepwater port; (B) for transfer of any such license; or (C) for any substantial change in any of the conditions and provisions of any such license; (5) “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; (6) “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; (7) “coastal State” means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico; (8) “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; (9) “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; (10) “deepwater port” means any fixed or floating manmade structures other than a vessel, or any group of 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 23. The term includes all associated components and Post, p. 2147. 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; (11) “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 Act; (12) “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 Act; (13) “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; (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 10(d) of this Act; (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.

2. 1984

   Deepwater Port Act Amendments of 1984

   Pub. L. 98–419 § 2(a) · 98 Stat. 1607

   1. Substituted · 33 U.S.C. § 1502(4)

      Pub. L. 98–419 substituted “means an application” for “means any application”

   2. Struck · 33 U.S.C. § 1502(4)

      Pub. L. 98–419 struck out designation “(A)” before “for a license”

   3. Struck · 33 U.S.C. § 1502(4)

      Pub. L. 98–419 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 3(4) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(4)) is amended to read: “(4) ‘application’ means an application submitted under this Act for a license for the ownership, construction, and operation of a deepwater port;”.

3. 1996

   Deepwater Port Modernization Act

   Pub. L. 104–324 § 503(a) · 110 Stat. 3901

   1. Redesignated · 33 U.S.C. § 1502(3)(8)

      Pub. L. 104–324, § 503(a), redesignated pars. (4) to (9) as (3) to (8), respectively

   2. Struck · 33 U.S.C. § 1502(3)(8)

      Pub. L. 104–324, § 503(a), 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;”

   Source evidence

   Code amendment note
   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 sections 73 and 74 of the Act of August 27, 1894, as amended;”.

   Enacted provision · exact public law section
   (a) Antitrust Laws.— Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) through (19) as paragraphs (3) through (18), respectively.

4. 1996

   Deepwater Port Modernization Act

   Pub. L. 104–324 § 503(a)(2) · 110 Stat. 3901

   1. Redesignated · 33 U.S.C. § 1502(9)

      Pub. L. 104–324, § 503(a)(2), (b), redesignated par. (10) as (9)

   2. Redesignated · 33 U.S.C. § 1502(9)

      Pub. L. 104–324, § 503(a)(2), (b), 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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (4) through (19) as paragraphs (3) through (18), respectively.

5. 1996

   Deepwater Port Modernization Act

   Pub. L. 104–324 § 503(a)(2) · 110 Stat. 3901

   Redesignated · 33 U.S.C. § 1502(10)(19)

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

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (4) through (19) as paragraphs (3) through (18), respectively.

6. 2002

   Maritime Transportation Security Act of 2002

   Pub. L. 107–295 § 106(b)(2) · 116 Stat. 2064

   Amended · 33 U.S.C. § 1502(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;”

   Source evidence

   Code amendment note
   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;”.

   Enacted provision · exact public law section
   (2) by amending paragraph (9) to read as follows: “(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 23, and for other uses not inconsistent with the purposes of this Act, 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 nigh 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.);”; and

7. 2002

   Maritime Transportation Security Act of 2002

   Pub. L. 107–295 § 106(b)(1) · 116 Stat. 2064

   1. Added · 33 U.S.C. § 1502(13)(19)

      Pub. L. 107–295, § 106(b)(1), (3), added par. (13)

   2. Redesignated · 33 U.S.C. § 1502(13)(19)

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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (13) through (18) as paragraphs (14) through (19), respectively;

8. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title III § 321(b) · 119 Stat. 594

   Inserted · 33 U.S.C. § 1502(13)

   Pub. L. 109–58 inserted “, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas” before semicolon at end

   Source evidence

   Code amendment note
   Par. (13). Pub. L. 109–58 inserted “, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas” before semicolon at end.

   Enacted provision · exact public law section
   (b) Natural Gas Defined.— Section 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)) is amended by adding at the end before the semicolon the following: “, natural gas liquids, liquefied petroleum gas, and condensate recovered from natural gas”.

9. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 title III § 312 · 126 Stat. 1540

   Inserted · 33 U.S.C. § 1502(9)(A)

   Pub. L. 112–213 inserted “or from” before “any State”

   Source evidence

   Code amendment note
   Par. (9)(A). Pub. L. 112–213 inserted “or from” before “any State”.

   Enacted provision · exact public law section
   SEC. 312. DEEPWATER PORTS.   Section 3(9)(A) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(9)(A)) is amended by inserting “or from” before “any State”.

10. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(A) · 137 Stat. 136

    1. Substituted · 33 U.S.C. § 1502

       Pub. L. 118–31, § 3514(k)(2)(A), substituted “Definitions” for “Definitions” in introductory provisions

    2. Substituted · 33 U.S.C. § 1502

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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) by striking the section designation and heading and all that follows through “the term—” in the matter preceding paragraph (1) and inserting the following: “SEC. 3. DEFINITIONS.   “In this Act:” ;

11. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(B) · 137 Stat. 136

    1. Inserted · 33 U.S.C. § 1502(1)

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

    2. Substituted · 33 U.S.C. § 1502(1)

       Pub. L. 118–31, § 3514(k)(2)(B), substituted period for semicolon at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) in each of paragraphs (1) through (17)— (i) by inserting “The term” after the paragraph designation; (ii) by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and (iii) by striking the semicolon at the end of the paragraph and inserting a period;

12. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(B) · 137 Stat. 136

    1. Inserted · 33 U.S.C. § 1502(2)

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

    2. Substituted · 33 U.S.C. § 1502(2)

       Pub. L. 118–31, § 3514(k)(2)(B), (C), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) in each of paragraphs (1) through (17)— (i) by inserting “The term” after the paragraph designation; (ii) by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and (iii) by striking the semicolon at the end of the paragraph and inserting a period;

13. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(B) · 137 Stat. 136

    1. Inserted · 33 U.S.C. § 1502(3)(17)

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

    2. Substituted · 33 U.S.C. § 1502(3)(17)

       Pub. L. 118–31, § 3514(k)(2)(B), substituted period for semicolon at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) in each of paragraphs (1) through (17)— (i) by inserting “The term” after the paragraph designation; (ii) by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and (iii) by striking the semicolon at the end of the paragraph and inserting a period;

14. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(D) · 137 Stat. 136

    1. Inserted · 33 U.S.C. § 1502(18)

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

    2. Substituted · 33 U.S.C. § 1502(18)

       Pub. L. 118–31, § 3514(k)(2)(D), (E), substituted a period for “; and” at end

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (D) in each of paragraphs (18) and (19)— (i) by inserting “The term” after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and

15. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 3514(k)(2)(D) · 137 Stat. 136

    Inserted · 33 U.S.C. § 1502(19)

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

    Source evidence

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

    Enacted provision · exact public law section
    (D) in each of paragraphs (18) and (19)— (i) by inserting “The term” after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and

25 of 25 references resolved to an enrolled provision