§ 1453. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1453]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 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).
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\1\ See References in Text note below.
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.
(Pub. L. 89-454, title III, Sec. 304, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1281; amended Pub. L. 94-370, Sec. 3, July 26, 1976, 90
Stat. 1013; Pub. L. 96-464, Sec. 4, Oct. 17, 1980, 94 Stat. 2061; Pub.
L. 101-508, title VI, Sec. 6204, Nov. 5, 1990, 104 Stat. 1388-302; Pub.
L. 102-587, title II, Sec. 2205(b)(3)-(7), Nov. 4, 1992, 106 Stat. 5050,
5051.)
References in Text
The Submerged Lands Act, referred to in par. (1), is act May 22,
1953, ch. 65, 67 Stat. 29, as amended, which is classified generally to
subchapters I and II (Secs. 1301 et seq., 1311 et seq.) of chapter 29 of
Title 43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of Title 43 and
Tables.
Act of March 2, 1917, referred to in par. (1), is act Mar. 2, 1917,
ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican Federal
Relations Act and also as the Jones Act, which is classified principally
to chapter 4 (Sec. 731 et seq.) of Title 48, Territories and Insular
Possessions. Section 8 of the Act is classified to section 749 of Title
48. For complete classification of this Act to the Code, see Short Title
note set out under section 731 of Title 48 and Tables.
Act of March 24, 1976, referred to in par. (1), is Pub. L. 94-241,
Mar. 24, 1976, 90 Stat. 263, as amended, which is classified generally
to subchapter I (Sec. 1801 et seq.) of chapter 17 of Title 48. The
Covenant to Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America is set out as a note
under section 1801 of Title 48. For complete classification of this Act
to the Code, see Tables.
Section 1 of the Act of November 20, 1963, referred to in par. (1),
is section 1 of Pub. L. 88-183, Nov. 20, 1963, 77 Stat. 338, which was
classified to section 1701 of Title 48, and was repealed by Pub. L. 93-
435, Sec. 5, Oct. 5, 1974, 88 Stat. 1212. See section 1705 of Title 48.
Section 1502 of title 33, referred to in par. (5)(iii), was
subsequently amended, and section 1502(10) no longer defines the term
``deepwater port''. However, such term is defined elsewhere in that
section.
Amendments
1992--Par. (1). Pub. L. 102-587, Sec. 2205(b)(3), made technical
amendment to directory language of Pub. L. 101-508, Sec. 6204(a). See
1990 Amendment note below.
Pub. L. 102-587, Sec. 2205(b)(5), struck out ``the outer limit of''
before ``the outer limit of State title'', and substituted ``(48 U.S.C.
1705),'' for ``(48 U.S.C. 1705,''.
Par. (2). Pub. L. 102-587, Sec. 2205(b)(6), substituted ``The term''
for ``the term''.
Par. (6a). Pub. L. 102-587, Sec. 2205(b)(4), made technical
amendment to directory language of Pub. L. 101-508, Sec. 6204(b). See
1990 Amendment note below.
Par. (9). Pub. L. 102-587, Sec. 2205(b)(7), amended par. (9)
generally. Prior to amendment, par. (9) read as follows: ``The term
`Fund' means the Coastal Energy Impact Fund established by section
1456a(h) of this title.''
1990--Par. (1). Pub. L. 101-508, Sec. 6204(a)(1), as amended by Pub.
L. 102-587, Sec. 2205(b)(3), inserted ``, and to control those
geographical areas which are likely to be affected by or vulnerable to
sea level rise'' before period at end of third sentence.
Pub. L. 101-508, Sec. 6204(a)(2), as amended by Pub. L. 102-587,
Sec. 2205(b)(3), substituted ``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), 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. 1681 note), or section 1 of the Act of November 20, 1963 (48
U.S.C. 1705, as applicable.'' for ``the United States territorial sea.''
at end of second sentence.
Par. (6a). Pub. L. 101-508, Sec. 6204(b), as amended by Pub. L. 102-
587, Sec. 2205(b)(4), added par. (6a).
Par. (18). Pub. L. 101-508, Sec. 6204(c), substituted ``a use,
activity, or project conducted in or on waters within the coastal zone''
for ``activities which are conducted in or on the water; but does not
mean or include the establishment of any water quality standard or
criteria or the regulation of the discharge or runoff of water
pollutants except the standards, criteria, or regulations which are
incorporated in any program as required by the provisions of section
1456(f) of this title''.
1980--Pars. (2) to (4). Pub. L. 96-464, Sec. 4(1)-(3), added par.
(2), redesignated former pars. (2) and (3) as (3) and (4), and in par.
(4), as so redesignated, substituted ``Guam, the Commonwealth of the
Northern Mariana Islands, and the Trust Territories of the Pacific
Islands, and American Samoa'' for ``Guam and American Samoa''. Former
par. (4) redesignated (5).
Pars. (5) to (16). Pub. L. 96-464, Sec. 4(1), redesignated pars. (4)
to (15) as (15) to (16). Former par. (16) redesignated (17).
Pars. (17), (18). Pub. L. 96-464, Sec. 4(1), (4), (5), added par.
(17) and redesignated former par. (17) as (18).
1976--Par. (1). Pub. L. 94-370, Sec. 3(1), redesignated par. (a) as
(1), substituted ``The term `coastal' '' for `` `Coastal' '', and
inserted ``islands,'' after ``and includes''.
Par. (2). Pub. L. 94-370, Sec. 3(2), redesignated par. (b) as (2),
substituted ``The term `coastal' '' for `` `Coastal' '', ``(A)'' for
``(1)'', and ``(B)'' for ``(2)''.
Par. (3). Pub. L. 94-370, Sec. 3(3), redesignated par. (c) as (3)
and substituted ``The term `coastal' '' for `` `Coastal'.''
Pars. (4), (5). Pub. L. 94-370, Sec. 3(4), added pars. (4) and (5).
Par. (6). Pub. L. 94-370, Sec. 3(5), redesignated par. (d) as (6)
and substituted ``The term `estuary' '' for `` `Estuary'.''
Par. (7). Pub. L. 94-370, Sec. 3(6), redesignated par. (e) as (7)
and substituted ``The term `estuarine' '' for `` `Estuarine' '' and
``estuary and any island, transitional area, and upland in, adjoining,
or adjacent to such estuary, and which constitutes'' for ``estuary,
adjoining transitional areas, and adjacent uplands, constituting''.
Par. (8). Pub. L. 94-370, Sec. 3(7), added par. (8).
Par. (9). Pub. L. 94-370, Sec. 3(7), added par. (9), incorporating
provisions of par. (i), which was struck out by Pub. L. 94-370,
Sec. 3(11).
Par. (10). Pub. L. 94-370, Sec. 3(7), added par. (10).
Par. (11). Pub. L. 94-370, Sec. 3(8), redesignated par. (g) as (11)
and substituted ``The term `management program' '' for `` `Management
program'.''
Pars. (12) to (14). Pub. L. 94-370, Sec. 3(9), added pars. (12) to
(14).
Par. (15). Pub. L. 94-370, Sec. 3(9), added par. (15), incorporating
provisions of par. (f), which was struck out by Pub. L. 94-370,
Sec. 3(7).
Par. (16). Pub. L. 94-370, Sec. 3(10), redesignated par. (h) as (16)
and substituted ``The term `water use' '' for `` `Water use'.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Proc. No. 5030. Exclusive Economic Zone
Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, provided:
WHEREAS the Government of the United States of America desires to
facilitate the wise development and use of the oceans consistent with
international law;
WHEREAS international law recognizes that, in a zone beyond its
territory and adjacent to its territorial sea, known as the Exclusive
Economic Zone, a coastal State may assert certain sovereign rights over
natural resources and related jurisdiction; and
WHEREAS the establishment of an Exclusive Economic Zone by the
United States will advance the development of ocean resources and
promote the protection of the marine environment, while not affecting
other lawful uses of the zone, including the freedoms of navigation and
overflight, by other States;
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as
President by the Constitution and laws of the United States of America,
do hereby proclaim the sovereign rights and jurisdiction of the United
States of America and confirm also the rights and freedoms of all States
within an Exclusive Economic Zone, as described herein.
The Exclusive Economic Zone of the United States is a zone
contiguous to the territorial sea, including zones contiguous to the
territorial sea of the United States, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands (to the extent
consistent with the Covenant and the United Nations Trusteeship
Agreement), and United States overseas territories and possessions. The
Exclusive Economic Zone extends to a distance 200 nautical miles from
the baseline from which the breadth of the territorial sea is measured.
In cases where the maritime boundary with a neighboring State remains to
be determined, the boundary of the Exclusive Economic Zone shall be
determined by the United States and other State concerned in accordance
with equitable principles.
Within the Exclusive Economic Zone, the United States has, to the
extent permitted by international law, (a) sovereign rights for the
purpose of exploring, exploiting, conserving and managing natural
resources, both living and non-living, of the seabed and subsoil and the
superjacent waters and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of
energy from the water, currents and winds; and (b) jurisdiction with
regard to the establishment and use of artificial islands, and
installations and structures having economic purposes, and the
protection and preservation of the marine environment.
This Proclamation does not change existing United States policies
concerning the continental shelf, marine mammals and fisheries,
including highly migratory species of tuna which are not subject to
United States jurisdiction and require international agreements for
effective management.
The United States will exercise these sovereign rights and
jurisdiction in accordance with the rules of international law.
Without prejudice to the sovereign rights and jurisdiction of the
United States, the Exclusive Economic Zone remains an area beyond the
territory and territorial sea of the United States in which all States
enjoy the high seas freedoms of navigation, overflight, the laying of
submarine cables and pipelines, and other internationally lawful uses of
the sea.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
March, in the year of our Lord nineteen hundred and eighty-three, and of
the Independence of the United States of America the two hundred and
seventh.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in section 1455b of this title; title 33
section 1122; title 43 sections 1337, 1356a.
