627 



under) (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, wild- 

 life 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, Pa- 

 cific, or Arctic Oceans, or the Gulf of Mexico; 



(8) "construction" means the supervising, in- 

 spection, actual buildirg, and all other activities 

 incidental to the building, repairing, or expanding 

 of a deepwater port or any of its components, in- 

 cluding, but not limited to, pile driving and bulk- 

 heading, and alterations, modifications, or addi- 

 tions to the deepwater port; 



(9) "control" means the power, directly or In- 

 directly, to determine the policy, business prac- 

 tices, 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 stock- 

 holders or others, or otherwise ; 



(10) "deepwater port" means any fixed or float- 

 ing manmade structures other than a vessel, or any 

 group of such structures, located beyond the ter- 

 ritorial 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 fur- 

 ther handling of oil for transportation to any 

 State, except as otherwise provided in section 1522 

 of this title. The term includes all associated cortl- 

 iwnents and equipment, including pipelines, pump- 

 ing stations, service platforms, mooring buoys, and 

 similar appurtenances to the extent they are lo- 

 cated seaward of the high water mark. A deep- 

 water 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 chapter; 



(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 chapter; 



(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 recrea- 

 tional and scenic values of such waters and re- 

 sources ; 



(14) "oil" means petroleum, crude oil, and any 

 substance refined from petroleum or crude oil; 



(15) "person" includes an individual, a public 

 or private corportaion, a partnership or other asso- 

 ciation, or a government entity ; 



(16) "safety zone" means the safety zone estab- 

 lished around a deepwater port as determined by 



the Secretary in accordance with section 1509(d) 

 of this title; 



(17) "Secretary" means the Secretary of Trans- 

 portation; 



(18) "State" includes each of the States of the 

 United States, the District of Columbia, the Com- 

 monwealth of Puerto Rico, and the territories and 

 possessions of the United States; and 



(19) "vessel" means every description of water- 

 craft or other artificial contrivance used as a 

 means of transportation on or through the water. 



(Pub. L. 93-627, § 3, Jan. 3, 1975, 83 Stat. 2127.) 



§ 1503. License, for ownership, construction, and opera- 

 tion of deepwater port. 



(a) Requirement ; restrictions on utilization of deep- 

 water port. 



No r>erson may engage in the owmership, construc- 

 tion, or operation of a deepwater port except in ac- 

 cordance with a license issued pursuant to this chap- 

 ter. No person may transport or otherwise transfer 

 any oil between a deepwater port and the United 

 St.ites unless such port has been so licensed and the 

 license is in force. A deepwater port, licensed pur- 

 suant to the provisions of this chapter, may not be 

 utilized — 



(1) for the loading and unloading of commodi- 

 ties or materials (other than oil) transported from 

 the United States, other than materials to be used 

 in the construction, maintenance, or operation of 

 the high seas oil port, to be used as ship supplies, 

 including bunkering for vessels utilizing the high 

 seas oil port, 



(2) for the transshipment of commodities or 

 materials, to the United States, other than oil, 



(3) except in cases where the Secretary other- 

 wise by nile provides, for the transshipment of oil, 

 destined for locations outside the United States. 



(b) Issuance, transfer, amendment, or renewal. 



The Secretary is authorized, upon application and 

 in accordance with the provisions of this chapter, to 

 issue, transfer, amend, or renew a license for the 

 ownership, construction, and operation of a deep- 

 water port. 



(c) Conditions for issuance. 



The Secretary may issue a license in accordance 

 with the provisions of this chapter if — 



(1) he determines that the applicant is finan- 

 cially responsible and will meet the requirement." 

 of section 1517(Z) of this title; 



(2) he determines that the apnlicant can and 

 will comply with applicable laws, regulations, and 

 license conditions; 



(3) he determines that the construction and 

 operation of the deepwater port will be in the 

 national interest and consistent with national 

 security and other national policy goals and ob- 

 jectives, including energy sufficiency and environ- 

 mental quality; 



(4) he determines that the deepwater port will 

 not unreasonably interfere with international 

 navigation or other reasonable uses of the high 

 seas, as defined by treaty, convention, or custom- 

 ary international law; 



