Page:United States Statutes at Large Volume 90 Part 1.djvu/1064

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 1014

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Post, p. 1019. 16 USC 1456.

PUBLIC LAW 94-370—JULY 26, 1976 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 3 (10) of the Deep water Port Act of 1974 (33 U.S.C. 1502(10))). P'or 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. "(5) 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 deep water i^orts, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing."; (5) by striking out "(d) 'Estuary' " and inserting in lieu thereof "(6) The term 'estuary'"; (6) by redesignating paragraph (e) as paragraph (7) and by amending such paragraph (7) (as so redesignated) —

(A) by striking out "'Estuarine" and inserting in lieu thereof "The term 'estuarine", and

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^ (B) by striking out "estuary, adjoining transitional areas, and adjacent uplands, constituting" and inserting in lieu ii H; thereof the following: "estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, 1,'-: and which constitutes"; (7) by striking out paragraph (f) and inserting in lieu thereof the following: "(8) The term 'Fund' means the Coastal Energy Impact Fund established by section 308(h). "(9) 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 307(g). "(10) 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.";