33 U.S.C. § 1222
Section 1222 · Definitions
Amended 4 times on record
Applied in 5 court decisions — leading case Ray v. Atlantic Richfield Co. (1978)
Most recently applied in 934 F. Supp. 2d 1 - Wilmina Shipping as v. United States Department of Homeland Security (March 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
As used in this chapter, unless the context otherwise requires—
(1) “Marine environment” means the navigable waters of the United States and the land and resources therein and thereunder; the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof and the waters superjacent thereto; and the recreational, economic, and scenic values of such waters and resources.
(2) “Secretary” means the Secretary of the department in which the Coast Guard is operating, except that “Secretary” means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.
(3) “State” includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
(4) “United States”, when used in geographical context, means all the States thereof.
(5) “Navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
For definition of Canal Zone, referred to in par. (3), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Presidential Proclamation No. 5928, referred to in par. (5), is set out under section 1331 of Title 43, Public Lands.
Amendments
2004—Par. (2). Pub. L. 108–293 inserted “, except that ‘Secretary’ means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway” after “in which the Coast Guard is operating”.
1998—Par. (5). Pub. L. 105–383, which directed the amendment of section 102 of the Ports and Waterways Safety Act by adding par. (5), was executed to this section, which is section 3 of that act, to reflect the probable intent of Congress and the renumbering of section 102 as section 3 by Pub. L. 95–474.
1978—Pub. L. 95–474 substituted provision relating to definitions for provision defining “United States”, permitting higher State or local safety standards, and providing for consultation with appropriate agencies, the inapplicability of this chapter to the Panama Canal, delegation of powers with respect to the Saint Lawrence Seaway, and factors to be considered in issuance of regulations.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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.