-CITE-

42 USC CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION

RESEARCH AND DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-MISC1-

Sec.

9001. Congressional findings and declaration of purpose.

9002. Comprehensive program management plan.

(a) Preparation of plan.

(b) Transmittal of plan to Congress.

(c) Requisite provisions of plan.

9003. Research and development.

(a) Initiation of research.

(b) Evaluations, tests, and dissemination of

information, data, and materials.

(c) Consideration of new or improved technologies.

9004. Pilot and demonstration plants.

(a) Initiation of program.

(b) Demonstration program goals.

(c) Financial assistance.

9005. Technology application.

(a) Technology application and market development

plan.

(b) Transmittal of plan to Congress.

(c) Respondent proposals.

9006. Program selection criteria.

9007. Technical Panel of Energy Research Advisory Board.

(a) Establishment.

(b) Membership.

(c) Compliance with laws and regulations.

(d) Review and recommendations.

(e) Report.

(f) Submittal of report to Secretary of Energy.

(g) Cooperation by agency heads.

(h) Staff, funds, and other support from Secretary

of Energy.

9008. Definitions.

9009. Authorization of appropriations.

-End-

-CITE-

42 USC Sec. 9001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9001. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) the supply of nonrenewable fuels in the United States is

slowly being depleted;

(2) alternative sources of energy must be developed;

(3) ocean thermal energy is a renewable energy resource that

can make a significant contribution to the energy needs of the

United States;

(4) the technology base for ocean thermal energy conversion has

improved over the past two years, and has consequently lowered

the technical risk involved in constructing moderate-sized pilot

plants with an electrical generating capacity of about ten to

forty megawatts;

(5) while the Federal ocean thermal energy conversion program

has grown in size and scope over the past several years, it is in

the national interest to accelerate efforts to commercialize

ocean thermal energy conversion by building pilot and

demonstration facilities and to begin planning for the commercial

demonstration of ocean thermal energy conversion technology;

(6) a strong and innovative domestic industry committed to the

commercialization of ocean thermal energy conversion must be

established, and many competent domestic industrial groups are

already involved in ocean thermal energy conversion research and

development activity; and

(7) consistent with the findings of the Domestic Policy Review

on Solar Energy, ocean thermal energy conversion energy can

potentially contribute at least one-tenth of quad of energy per

year by the year 2000.

(b) Therefore, the purpose of this chapter is to accelerate ocean

thermal energy conversion technology development to provide a

technical base for meeting the following goals:

(1) demonstration by 1986 of at least one hundred megawatts of

electrical capacity or energy product equivalent from ocean

thermal energy conversion systems;

(2) demonstration by 1989 of at least five hundred megawatts of

electrical capacity or energy product equivalent from ocean

thermal energy conversion systems;

(3) achievement in the mid-1990's, for the gulf coast region of

the continental United States and for islands in the United

States, its possessions and its territories, an average cost of

electricity or energy product equivalent produced by installed

ocean thermal energy conversion systems that is competitive with

conventional energy sources; and

(4) establish as a national goal ten thousand megawatts of

electrical capacity or energy product equivalent from ocean

thermal energy conversion systems by the year 1999.

-SOURCE-

(Pub. L. 96-310, Sec. 2, July 17, 1980, 94 Stat. 941.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-310 provided: "That this Act [enacting

this chapter] may be cited as the 'Ocean Thermal Energy Conversion

Research, Development, and Demonstration Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9005 of this title.

-End-

-CITE-

42 USC Sec. 9002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9002. Comprehensive program management plan

-STATUTE-

(a) Preparation of plan

(1) The Secretary is authorized and directed to prepare a

comprehensive program management plan for the conduct under this

chapter of research, development, and demonstration activities

consistent with the provisions of sections 9003, 9004, and 9005 of

this title.

(2) In the preparation of such plan, the Secretary shall consult

with the Administrator of the National Oceanic and Atmospheric

Administration, the Administrator of the Maritime Administration,

the Administrator of the National Aeronautics and Space

Administration, and the heads of such other Federal agencies and

such public and private organizations as he deems appropriate.

(b) Transmittal of plan to Congress

The Secretary shall transmit the comprehensive program management

plan to the Committee on Science and Technology of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate within nine months after July 17, 1980.

(c) Requisite provisions of plan

The detailed description of the comprehensive plan under this

section shall include, but need not be limited to -

(1) the anticipated research, development, and demonstration

objectives to be achieved by the program;

(2) the program strategies and technology application and

market development plans, including detailed milestone goals to

be achieved during the next fiscal year for all major activities

and projects;

(3) a five-year implementation schedule for program elements

with associated budget and program management resources

requirements;

(4) a detailed description of the functional organization of

the program management including identification of permanent test

facilities and of a lead center responsible for technology

support and project management;

(5) the estimated relative financial contributions of the

Federal Government and non-Federal participants in the pilot and

demonstration projects;

(6) supporting research needed to solve problems which may

inhibit or limit development of ocean thermal energy conversion

systems; and

(7) an analysis of the environmental, economic, and societal

impacts of ocean thermal energy conversion facilities.

-SOURCE-

(Pub. L. 96-310, Sec. 3, July 17, 1980, 94 Stat. 942; Pub. L.

104-66, title I, Sec. 1051(c), Dec. 21, 1995, 109 Stat. 716.)

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which

read as follows:

"(d)(1) Concurrently with the submission of the President's

annual budget for each subsequent year, the Secretary shall

transmit to the Congress a detailed description of modifications

which may be necessary to revise appropriately the comprehensive

plan as then in effect, setting forth any changes in circumstances

which may have occurred since the plan or the last previous

modification thereof was transmitted in accordance with this

section.

"(2) Such description shall also include a detailed justification

of any such changes, a detailed description of the progress made

toward achieving the goals of this chapter, a statement on the

status of interagency cooperation in meeting such goals, any

comments on and recommendations for improvements in the

comprehensive program management plan made by the Technical Panel

established under section 9007 of this title, and any legislative

or other recommendations which the Secretary may have to help

attain such goals."

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9007 of this title.

-End-

-CITE-

42 USC Sec. 9003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9003. Research and development

-STATUTE-

(a) Initiation of research

The Secretary shall initiate research or accelerate existing

research in areas in which the lack of knowledge limits development

of ocean thermal energy conversion systems in order to achieve the

purposes of this chapter.

(b) Evaluations, tests, and dissemination of information, data, and

materials

The Secretary shall conduct evaluations, arrange for tests, and

disseminate to developers information, data, and materials

necessary to support the design efforts undertaken pursuant to

section 9004 of this title. Specific technical areas to be

addressed shall include, but not be limited to -

(1) interface requirements between the platform and cold water

pipe;

(2) cold water pipe deployment techniques;

(3) heat exchangers;

(4) control system simulation;

(5) stationkeeping requirements; and

(6) energy delivery systems, such as electric cable or energy

product transport.

(c) Consideration of new or improved technologies

The Secretary shall, for the purpose of performing his

responsibilities pursuant to this chapter, solicit proposals and

evaluate any reasonable new or improved technology, a description

of which is submitted to the Secretary in writing, which could lead

or contribute to the development of ocean thermal energy conversion

system technology.

-SOURCE-

(Pub. L. 96-310, Sec. 4, July 17, 1980, 94 Stat. 943.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9002 of this title.

-End-

-CITE-

42 USC Sec. 9004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9004. Pilot and demonstration plants

-STATUTE-

(a) Initiation of program

The Secretary is authorized to initiate a program to design,

construct, and operate well instrumented ocean thermal energy

conversion facilities of sufficient size to demonstrate the

technical feasibility and potential economic feasibility of

utilizing the various forms of ocean thermal energy conversion to

displace nonrenewable fuels. To achieve the goals of this section

and to facilitate development of a strong industrial basis for the

application of ocean thermal energy conversion system technology,

at least two independent parallel demonstration projects shall be

competitively selected.

(b) Demonstration program goals

The specific goals of the demonstration program shall include at

a minimum -

(1) the demonstration of ocean thermal energy conversion

technical feasibility through multiple pilot and demonstration

plants with a combined capacity of at least one hundred megawatts

of electrical capacity or energy product equivalent by the year

1986;

(2) the delivery of baseload electricity to utilities located

on land or the production of commercially attractive quantities

of energy product; and

(3) the continuous operation of each pilot and demonstration

facility for a sufficient period of time to collect and analyze

system performance and reliability data.

(c) Financial assistance

In providing any financial assistance under this section, the

Secretary shall (1) give full consideration to those projects which

will provide energy to United States offshore States, its

territories, and its possessions and (2) seek satisfactory

cost-sharing arrangements when he deems such arrangements to be

appropriate.

-SOURCE-

(Pub. L. 96-310, Sec. 5, July 17, 1980, 94 Stat. 943.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9002, 9003, 9009 of this

title.

-End-

-CITE-

42 USC Sec. 9005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9005. Technology application

-STATUTE-

(a) Technology application and market development plan

The Secretary shall, in consultation with the Administrator of

the National Oceanic and Atmospheric Administration, the

Administrator of the Maritime Administration, the Administrator of

the National Aeronautics and Space Administration, and the

Technical Panel established under section 9007 of this title,

prepare a comprehensive technology application and market

development plan that will permit realization of the

ten-thousand-megawatt national goal by the year 1999. Such plans

shall include at a minimum -

(1) an assessment of those Government actions required to

achieve a two-hundred- to four-hundred-megawatt

electrical-commercial demonstration of ocean thermal energy

conversion systems in time to have industry meet the goal

contained in section 9001(b)(2) of this title including a listing

of those financial, property, and patent right packages most

likely to lead to early commercial demonstration at minimum cost

to the Federal Government;

(2) an assessment of further Government actions required to

permit expansion of the domestic ocean thermal energy conversion

industry to meet the goal contained in section 9001(b)(3) of this

title;

(3) an analysis of further Government actions necessary to aid

the industry in minimizing and removing any legal and

institutional barriers such as the designation of a lead agency;

and

(4) an assessment of the necessary Government actions to assist

in eliminating economic uncertainties through financial

incentives, such as loan guarantees, price supports, or other

inducements.

(b) Transmittal of plan to Congress

The Secretary shall transmit such comprehensive technology

application and market development plan to the Congress within

three years after July 17, 1980, and update the plan on an annual

basis thereafter.

(c) Respondent proposals

As part of the competitive procurement initiative for design and

construction of the pilot and demonstration projects authorized in

section 9009(c) of this title, each respondent shall include in its

proposal (1) a plan leading to a full-scale, first-of-a-kind

facility based on a proposed demonstration system; and (2) the

financial and other contributions the respondent will make toward

meeting the national goals.

-SOURCE-

(Pub. L. 96-310, Sec. 6, July 17, 1980, 94 Stat. 944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9002 of this title.

-End-

-CITE-

42 USC Sec. 9006 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9006. Program selection criteria

-STATUTE-

The Secretary shall, in fulfilling his responsibilities under

this chapter, select program activities and set priorities which

are consistent with the following criteria:

(1) realization of energy production costs for ocean thermal

energy conversion systems that are competitive with costs from

conventional energy production systems;

(2) encouragement of projects for which contributions to

project costs are forthcoming from private, industrial, utility,

or governmental entities for the purpose of sharing with the

Federal Government the costs of purchasing and installing ocean

thermal energy conversion systems;

(3) promotion of ocean thermal energy conversion facilities for

coastal areas, islands, and isolated military institutions which

are vulnerable to interruption in the fossil fuel supply;

(4) preference for and priority to persons and domestic firms

whose base of operations is in the United States as will assure

that the program under this chapter promotes the development of a

United States domestic technology for ocean thermal energy

conversion; and

(5) preference for proposals for pilot and demonstration

projects in which the respondents certify their intent to become

an integral part of the industrial infrastructure necessary to

meet the goals of this chapter.

-SOURCE-

(Pub. L. 96-310, Sec. 7, July 17, 1980, 94 Stat. 944.)

-End-

-CITE-

42 USC Sec. 9007 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9007. Technical Panel of Energy Research Advisory Board

-STATUTE-

(a) Establishment

A Technical Panel of the Energy Research Advisory Board shall be

established to advise the Board on the conduct of the ocean thermal

energy conversion program.

(b) Membership

(1) The Technical Panel shall be comprised of such

representatives from domestic industry, universities, Government

laboratories, financial, environmental and other organizations as

the Chairman of the Energy Research Advisory Board deems

appropriate based on his assessment of the technical and other

qualifications of such representative.

(2) Members of the Technical Panel need not be members of the

full Energy Research Advisory Board.

(c) Compliance with laws and regulations

The activities of the Technical Panel shall be in compliance with

any laws and regulations guiding the activities of technical and

fact-finding groups reporting to the Energy Research Advisory

Board.

(d) Review and recommendations

The Technical Panel shall review and may make recommendations on

the following items, among others:

(1) implementation and conduct of the programs established by

this chapter;

(2) definition of ocean thermal energy conversion system

performance requirements for various user applications; and

(3) economic, technological, and environmental consequences of

the deployment of ocean thermal energy conversion systems.

(e) Report

The Technical Panel shall submit to the Energy Research Advisory

Board on at least an annual basis a written report of its findings

and recommendations with regard to the program. Such report, shall

include at a minimum -

(1) a summary of the Panel's activities for the preceding year;

(2) an assessment and evaluation of the status of the programs

mandated by this chapter; and

(3) comments on and recommendations for improvements in the

comprehensive program management plan required under section 9002

of this title.

(f) Submittal of report to Secretary of Energy

After consideration of the Technical Panel report, the Energy

Research Advisory Board shall submit such report, together with any

comments such Board deems appropriate, to the Secretary.

(g) Cooperation by agency heads

The heads of the departments, agencies, and instrumentalities of

the executive branch of the Federal Government shall cooperate with

the Technical Panel in carrying out the requirements of this

section and shall furnish to the Technical Panel such information

as the Technical Panel deems necessary to carry out this section.

(h) Staff, funds, and other support from Secretary of Energy

The Secretary shall provide sufficient staff, funds, and other

support as necessary to enable the Technical Panel to carry out the

functions described in this section.

-SOURCE-

(Pub. L. 96-310, Sec. 8, July 17, 1980, 94 Stat. 945.)

-MISC1-

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a panel

established by the President or an officer of the Federal

Government, such panel is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a panel

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9005 of this title.

-End-

-CITE-

42 USC Sec. 9008 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9008. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "ocean thermal energy conversion" means a method of

converting part of the heat from the Sun which is stored in the

surface layers of a body of water into electrical energy or

energy product equivalent;

(2) "energy product equivalent" means an energy carrier

including, but not limited to, ammonia, hydrogen, or molten salts

or an energy-intensive commodity, including, but not limited to,

electrometals, fresh water, or nutrients for aquaculture; and

(3) "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 96-310, Sec. 9, July 17, 1980, 94 Stat. 946.)

-End-

-CITE-

42 USC Sec. 9009 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND

DEVELOPMENT

-HEAD-

Sec. 9009. Authorization of appropriations

-STATUTE-

(a) There is hereby authorized to be appropriated to carry out

the purposes of this chapter the sum of $20,000,000 for operating

expenses for the fiscal year ending September 30, 1981, in addition

to any amounts authorized to be appropriated in the fiscal year

1981 Authorization Act pursuant to section 7270 of this title.

(b) There is hereby authorized to be appropriated to carry out

the purposes of this chapter the sum of $60,000,000 for operating

expenses for the fiscal year ending September 30, 1982.

(c) Funds are hereby authorized to be appropriated for fiscal

year 1981 to carry out the purposes of section 9004 of this title

for plant and capital equipment as follows:

Project 81-ES-1, ocean thermal energy conversion demonstration

plants with a combined capacity of at least one hundred megawatts

electrical or the energy product equivalent, sites to be

determined, conceptual and preliminary design activities only

$5,000,000.

(d) Funds are hereby authorized to be appropriated for fiscal

year 1982 to carry out the purposes of section 9004 of this title

for plant and capital equipment as follows:

Project 81-ES-1, ocean thermal energy conversion demonstration

plants with a combined capacity of at least one hundred megawatts

electrical or the energy product equivalent, sites to be

determined, conceptual and preliminary design activities only

$25,000,000.

-SOURCE-

(Pub. L. 96-310, Sec. 10, July 17, 1980, 94 Stat. 946.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9005 of this title.

-End-