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US (United States) Code. Title 42. Chapter 99: Ocean thermal energy conversion

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-CITE-

42 USC CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

-HEAD-

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

-MISC1-

Sec.

9101. Congressional declaration of policy.

9102. Definitions.

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

9111. License for ownership, construction, and operation of

ocean thermal energy conversion facilities or

plantships.

(a) License requirement.

(b) Documented plantships; documented facilities;

facilities located in territorial sea;

facilities connected to United States by

pipeline or cable.

(d) Issuance conditions; written agreement of

compliance; disposal or removal requirements.

(e) License transfer.

(f) License eligibility.

(g) License term and renewal.

9112. Procedure.

(a) Rules and regulations.

(b) Site evaluation and preconstruction testing.

descriptions.

(d) Application.

(e) Area description; additional license

applications.

(f) Copies of application to other agencies.

(g) Notice, comments, and hearing.

(h) Administrative fee.

(i) Approval or denial of application; applications

for same area; factors determinative of

facility selection.

9113. Protection of submarine electric transmission cables

and equipment.

(a) Prohibited acts; misdemeanor; penalty and fine.

(b) Culpable negligence; misdemeanor; penalty and

fine.

(d) Suits for damages.

(e) Indemnity.

(f) Repair costs.

9114. Antitrust review.

(a) Review of applications by Attorney General.

(b) Issuance of license as constituting no defense

for antitrust violations.

9115. Adjacent coastal States.

(a) Designation of adjacent coastal State.

(b) State coastal zone management program.

9116. Diligence requirements.

(a) Rules and regulations.

(b) Termination of license.

9117. Protection of the environment.

(a) Environmental assessment program.

(b) Program purposes.

(d) Reduction of program to minimum necessary

level.

(e) Environmental impact statement.

(f) Discharge of pollutants.

9118. Marine environmental protection and safety of life and

property at sea.

(a) Coast Guard operations.

(b) Promotion of safety of life and property.

navigation.

(d) Safety zones.

(e) Rules and regulations; vessels; "ocean thermal

energy conversion facility" defined.

(f) Protection of navigation.

9119. Prevention of interference with other uses of high

seas.

(a) License conditions.

(b) Rules and regulations.

9120. Monitoring of licensees' activities.

9121. Suspension, revocation, and termination of licenses.

(a) Filing of action by Attorney General; automatic

suspension.

(b) Immediate suspension of construction or

operation pending completion of proceedings.

9122. Recordkeeping and public access to information.

(a) Records and reports.

(b) Confidential information.

9123. Relinquishment or surrender of license.

(a) Relinquishment or surrender authority;

continuation of liability.

(b) Transfer of right of way.

9124. Civil actions.

(a) Jurisdiction.

(b) Notice.

intervene.

(d) Award of costs.

(e) Other remedies not restricted.

9125. Judicial review.

9126. Exempt operations.

(a) Test platforms.

(b) Commercial demonstration ocean thermal energy

conversion facilities or plantships.

9127. Periodic review and revision of regulations.

SUBCHAPTER II - MARITIME FINANCING FOR OCEAN THERMAL ENERGY

CONVERSION

9141. Determinations under Merchant Marine Act, 1936.

SUBCHAPTER III - ENFORCEMENT

9151. Prohibited acts.

9152. Remedies and penalties.

(a) Issuance and enforcement of orders.

(b) Civil actions by Attorney General; equitable

relief.

(d) Criminal penalties.

(e) In rem liability of vessels.

9153. Enforcement.

(a) Enforcement responsibility of Administrator of

National Oceanic and Atmospheric

Administration; Coast Guard.

(b) Enforcement activities of authorized officers.

(d) Definitions.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

9161. Law of the sea treaty.

9162. International negotiations.

9163. Relationship to other laws.

(a) Facilities and plantships as comparable to

areas of exclusive Federal jurisdiction

located within a State.

(b) Responsibilities and authorities of States or

United States within territorial seas;

applicability of State law to facilities

located beyond territorial seas.

9164. Submarine electric transmission cable and equipment

safety.

(a) Standards and regulations.

(b) Report to Congress on appropriation and

staffing needs.

9165. Omitted.

9166. Authorization of appropriations.

9167. Severability.

9168. Report to Congress on promotion and enhancement of

export potential of ocean thermal energy conversion

components, facilities, and plantships.

-End-

-CITE-

42 USC Sec. 9101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

-HEAD-

Sec. 9101. Congressional declaration of policy

-STATUTE-

(a) It is declared to be the purposes of the Congress in this

chapter to -

(1) authorize and regulate the construction, location,

ownership, and operation of ocean thermal energy conversion

facilities connected to the United States by pipeline or cable,

or located in whole or in part between the highwater mark and the

seaward boundary of the territorial sea of the United States

consistent with the Convention on the High Seas, and general

principles of international law;

(2) authorize and regulate the construction, location,

ownership, and operation of ocean thermal energy conversion

plantships documented under the laws of the United States,

consistent with the Convention on the High Seas and general

principles of international law;

(3) authorize and regulate the construction, location,

ownership, and operation of ocean thermal energy conversion

plantships by United States citizens, consistent with the

Convention on the High Seas and general principles of

international law;

(4) establish a legal regime which will permit and encourage

the development of ocean thermal energy conversion as a

commercial energy technology;

(5) provide for the protection of the marine and coastal

environment, and consideration of the interests of ocean users,

to prevent or minimize any adverse impact which might occur as a

consequence of the development of such ocean thermal energy

conversion facilities or plantships;

(6) make applicable certain provisions of the Merchant Marine

Act, 1936 (46 U.S.C. 1177 et seq.) [46 App. U.S.C. 1101 et seq.]

to assist in financing of ocean thermal energy conversion

facilities and plantships;

(7) protect the interests of the United States in the location,

construction, and operation of ocean thermal energy conversion

facilities and plantships; and

(8) protect the rights and responsibilities of adjacent coastal

States in ensuring that Federal actions are consistent with

approved State coastal zone management programs and other

applicable State and local laws.

(b) The Congress declares that nothing in this chapter shall be

construed to affect the legal status of the high seas, the

superjacent airspace, or the seabed and subsoil, including the

Continental Shelf.

-SOURCE-

(Pub. L. 96-320, Sec. 2, Aug. 3, 1980, 94 Stat. 974; Pub. L.

98-623, title VI, Sec. 602(a)(1), Nov. 8, 1984, 98 Stat. 3410.)

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in subsec. (a)(6), is

act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is

classified principally to chapter 27 (Sec. 1101 et seq.) of Title

46, Appendix, Shipping. For complete classification of this Act to

the Code, see section 1245 of Title 46, Appendix, and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-623 substituted "located in

whole or in part between the highwater mark and the seaward

boundary of the territorial sea" for "located in the territorial

sea".

SHORT TITLE

Section 1 of Pub. L. 96-320 provided: "That this Act [enacting

this chapter and section 1279c of Title 46, Appendix, Shipping,

amending sections 1271, 1273, and 1274 of Title 46, Appendix, and

enacting provisions set out as a note under section 1273 of Title

46, Appendix] may be cited as the 'Ocean Thermal Energy Conversion

Act of 1980'."

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

42 USC Sec. 9102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

-HEAD-

Sec. 9102. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires,

the term -

(1) "adjacent coastal State" means any coastal State which is

required to be designated as such by section 9115(a)(1) of this

title or is designated as such by the Administrator in accordance

with section 9115(a)(2) of this title;

(2) "Administrator" means the Administrator of the National

Oceanic and Atmospheric Administration;

(3) "antitrust laws" includes the Act of July 2, 1890, as

amended [15 U.S.C. 1 et seq.], the Act of October 15, 1914, as

amended [15 U.S.C. 12 et seq.], and sections 73 and 74 of the Act

of August 27, 1894, as amended [15 U.S.C. 8 and 9];

(4) "application" means any application submitted under this

chapter (A) for issuance of a license for the ownership,

construction, and operation of an ocean thermal energy conversion

facility or plantship; (B) for transfer or renewal of any such

license; or (C) for any substantial change in any of the

conditions and provisions of any such license;

(5) "coastal State" means a State 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;

(6) "construction" means any activities conducted at sea to

supervise, inspect, actually build, or perform other functions

incidental to the building, repairing, or expanding of an ocean

thermal energy conversion facility or plantship or any of its

components, including but not limited to, piledriving,

emplacement of mooring devices, emplacement of cables and

pipelines, and deployment of the cold water pipe, and

alterations, modifications, or additions to an ocean thermal

energy conversion facility or plantship;

(7) "facility" means an ocean thermal energy conversion

facility;

(8) "Governor" means the Governor of a State or the person

designated by law to exercise the powers granted to the Governor

pursuant to this chapter;

(9) "high seas" means that part of the oceans lying seaward of

the territorial sea of the United States and outside the

territorial sea, as recognized by the United States, of any other

nation;

(10) "licensee" means the holder of a valid license for the

ownership, construction, and operation of an ocean thermal energy

conversion facility or plantship that was issued, transferred, or

renewed pursuant to this chapter;

(11) "ocean thermal energy conversion facility" means any

facility which is standing, fixed or moored in whole or in part

seaward of the highwater mark and which is designed to use

temperature differences in ocean water to produce electricity or

another form of energy capable of being used directly to perform

work, and includes any equipment installed on such facility to

use such electricity or other form of energy to produce, process,

refine, or manufacture a product, and any cable or pipeline used

to deliver such electricity, fresh water, or product to shore,

and all other associated equipment and appurtenances of such

facility, to the extent they are located seaward of the highwater

mark;

(12) "ocean thermal energy conversion plantship" means any

vessel which is designed to use temperature differences in ocean

water while floating unmoored or moving through such water, to

produce electricity or another form of energy capable of being

used directly to perform work, and includes any equipment

installed on such vessel to use such electricity or other form of

energy to produce, process, refine, or manufacture a product, and

any equipment used to transfer such product to other vessels for

transportation to users, and all other associated equipment and

appurtenances of such vessel;

(13) "plantship" means an ocean thermal energy conversion

plantship;

(14) "person" means any individual (whether or not a citizen of

the United States), any corporation, partnership, association, or

other entity organized or existing under the laws of any nation,

and any Federal, State, local or foreign government or any entity

of any such government;

(15) "State" means each of the several States, the District of

Columbia, the Commonwealth of Puerto Rico, American Samoa, the

United States Virgin Islands, Guam, the Commonwealth of the

Northern Marianas, and any other Commonwealth, territory, or

possession over which the United States has jurisdiction;

(16) "test platform" means any floating or moored platform,

barge, ship, or other vessel which is designed for limited-scale,

at sea operation in order to test or evaluate the operation of

components or all of an ocean thermal energy conversion system

and which will not operate as an ocean thermal energy conversion

facility or plantship after the conclusion of such tests or

evaluation;

(17) "thermal plume" means the area of the ocean in which a

significant difference in temperature, as defined in regulations

by the Administrator, occurs as a result of the operation of an

ocean thermal energy conversion facility or plantship; and

(18) "United States citizen" means (A) any individual who is a

citizen of the United States by law, birth, or naturalization;

(B) any Federal, State, or local government in the United States,

or any entity of any such government; or (C) any corporation,

partnership, association, or other entity, organized or existing

under the laws of the United States, or of any State, which has

as its president or other executive officer and as its chairman

of the board of directors, or holder of similar office, an

individual who is a United States citizen and which has no more

of its directors who are not United States citizens than

constitute a minority of the number required for a quorum

necessary to conduct the business of the board.

-SOURCE-

(Pub. L. 96-320, Sec. 3, Aug. 3, 1980, 94 Stat. 975; Pub. L.

98-623, title VI, Sec. 602(a)(2), (e)(7), Nov. 8, 1984, 98 Stat.

3410, 3412.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1890, as amended, referred to in par. (3), is act

July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the

Sherman Act, which is classified to sections 1 to 7 of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 1 of Title 15 and

Tables.

Act of October 15, 1914, as amended, referred to in par. (3), is

act Oct. 15, 1914, ch. 323, 78 Stat. 730, as amended, known as the

Clayton Act, which is classified generally to sections 12, 13, 14

to 19, 20, 21, and 22 to 27 of Title 15, and sections 52 and 53 of

Title 29, Labor. For further details and complete classification of

this Act to the Code, see References in Text note set out under

section 12 of Title 15 and Tables.

Sections 73 and 74 of the Act of August 27, 1894, as amended,

referred to in par. (3), are sections 73 and 74 of act Aug. 27,

1894, ch. 349, 28 Stat. 570. Sections 73 to 77 of such Act are

known as the Wilson Tariff Act. Sections 73 to 76 enacted sections

8 to 11 of Title 15. Section 77 is not classified to the Code. For

complete classification of this Act to the Code, see Short Title

note under section 8 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1984 - Par. (11). Pub. L. 98-623, Sec. 602(a)(2), substituted

"standing, fixed or moored in whole or in part seaward of the

highwater mark" for "standing or moored in or beyond the

territorial sea of the United States".

Pub. L. 98-623, Sec. 602(e)(7), substituted "fresh water" for

"freshwater".

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

42 USC SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY

CONVERSION FACILITIES AND PLANTSHIPS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-End-

-CITE-

42 USC Sec. 9111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9111. License for ownership, construction, and operation of

ocean thermal energy conversion facilities or plantships

-STATUTE-

(a) License requirement

No person may engage in the ownership, construction, or operation

of an ocean thermal energy conversion facility which is documented

under the laws of the United States, which is located in whole or

in part between the highwater mark and the seaward boundary of the

territorial sea of the United States, or which is connected to the

United States by pipeline or cable, except in accordance with a

license issued pursuant to this chapter. No citizen of the United

States may engage in the ownership, construction or operation of an

ocean thermal energy conversion plantship except in accordance with

a license issued pursuant to this chapter, or in accordance with a

license issued by a foreign nation whose licenses are found by the

Administrator, after consultation with the Secretary of State, to

be compatible with licenses issued pursuant to this chapter.

(b) Documented plantships; documented facilities; facilities

located in territorial sea; facilities connected to United States

by pipeline or cable

The Administrator shall, upon application and in accordance with

the provisions of this chapter, issue, transfer, amend, or renew

licenses for the ownership, construction, and operation of -

(1) ocean thermal energy conversion plantships documented under

the laws of the United States, and

(2) ocean thermal energy conversion facilities documented under

the laws of the United States, located in whole or in part

between the highwater mark and the seaward boundary of the

territorial sea of the United States, or connected to the United

States by pipeline or cable.

The Administrator may issue a license to a citizen of the United

States in accordance with the provisions of this chapter unless -

(1) he determines that the applicant cannot or will not comply

with applicable laws, regulations, and license conditions;

(2) he determines that the construction and operation of the

ocean thermal energy conversion facility or plantship will not be

in the national interest and consistent with national security

and other national policy goals and objectives, including energy

self-sufficiency and environmental quality;

(3) he determines, after consultation with the Secretary of the

department in which the Coast Guard is operating, that the ocean

thermal energy conversion facility or plantship will not be

operated with reasonable regard to the freedom of navigation or

other reasonable uses of the high seas and authorized uses of the

Continental Shelf, as defined by United States law, treaty,

convention, or customary international law;

(4) he has been informed, within 45 days after the conclusion

of public hearings on that application, or on proposed licenses

for the designated application area, by the Administrator of the

Environmental Protection Agency that the ocean thermal energy

conversion facility or plantship will not conform with all

applicable provisions of any law for which he has regulatory

authority;

(5) he has received the opinion of the Attorney General,

pursuant to section 9114 of this title, stating that issuance of

the license would create a situation in violation of the

antitrust laws, or the 90-day period provided in section 9114 of

this title has not expired;

(6) he has consulted with the Secretary of Energy, the

Secretary of Transportation, the Secretary of State, the

Secretary of the Interior, and the Secretary of Defense, to

determine their views on the adequacy of the application, and its

effect on programs within their respective jurisdictions and

determines on the basis thereof, that the application for a

license is inadequate;

(7) the proposed ocean thermal energy conversion facility or

plantship will be documented under the laws of a foreign nation;

(8) the applicant has not agreed to the condition that no

vessel may be used for the transportation to the United States of

things produced, processed, refined, or manufactured at the ocean

thermal energy conversion facility or plantship unless such

vessel is documented under the laws of the United States;

(9) when the license is for an ocean thermal energy conversion

facility, he determines that the facility, including any

submarine electric transmission cables and equipment or pipelines

which are components of the facility, will not be located and

designed so as to minimize interference with other uses of the

high seas or the Continental Shelf, including cables or pipelines

already in position on or in the seabed and the possibility of

their repair;

(10) the Governor of any adjacent coastal State with an

approved coastal zone management program in good standing

pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.) determines that, in his or her view, the

application is inadequate or inconsistent with respect to

programs within his or her jurisdiction;

(11) when the license is for an ocean thermal energy conversion

facility, he determines that the thermal plume of the facility is

expected to impinge on so as to degrade the thermal gradient used

by any other ocean thermal energy conversion facility already

licensed or operating, without the consent of its owner;

(12) when the license is for an ocean thermal energy conversion

facility, he determines that the thermal plume of the facility is

expected to impinge on so as to adversely affect the territorial

sea or area of national resource jurisdiction, as recognized by

the United States, of any other nation, unless the Secretary of

State approves such impingement after consultation with such

nation;

(13) when the license is for an ocean thermal energy conversion

plantship, he determines that the applicant has not provided

adequate assurance that the plantship will be operated in such a

way as to prevent its thermal plume from impinging on so as to

degrade the thermal gradient used by any other ocean thermal

energy conversion facility or plantship without the consent of

its owner, and from impinging on so as to adversely affect the

territorial sea or area of national resource jurisdiction, as

recognized by the United States, of any other nation unless the

Secretary of State approves such impingement after consultation

with such nation; or

(14) if a regulation has been adopted which places an upper

limit on the number or total capacity of ocean thermal energy

conversion facilities or plantships to be licensed under this

chapter for simultaneous operation, either overall or within

specific geographic areas, pursuant to a determination under the

provisions of section 9117(b)(4) of this title, issuance of the

license will cause such upper limit to be exceeded.

(d) Issuance conditions; written agreement of compliance; disposal

or removal requirements

(1) In issuing a license for the ownership, construction, and

operation of an ocean thermal energy conversion facility or

plantship, the Administrator shall prescribe conditions which he

deems necessary to carry out the provisions of this chapter, or

which are otherwise required by any Federal department or agency

pursuant to the terms of this chapter.

(2) No license shall be issued, transferred, or renewed under

this chapter unless the applicant, licensee or transferee first

agrees in writing that (A) there will be no substantial change from

the plans, operational systems, and methods, procedures, and

safeguards set forth in his application, as approved, without prior

approval in writing from the Administrator, and (B) he will comply

with conditions the Administrator may prescribe in accordance with

the provisions of this chapter.

(3) The Administrator shall establish such bonding requirements

or other assurances as he deems necessary to assure that, upon the

revocation, termination, relinquishment, or surrender of a license,

the licensee will dispose of or remove all components of the ocean

thermal energy conversion facility or plantship as directed by the

Administrator. In the case of components which another applicant or

licensee desires to use, the Administrator may waive the disposal

or removal requirements until he has reached a decision on the

application. In the case of components lying on or below the

seabed, the Administrator may waive the disposal or removal

requirements if he finds that such removal is not otherwise

necessary and that the remaining components do not constitute any

threat to the environment, navigation, fishing, or other uses of

the seabed.

(e) License transfer

Upon application, a license issued under this chapter may be

transferred if the Administrator determines that such transfer is

in the public interest and that the transferee meets the

requirements of this chapter and the prerequisites to issuance

under subsection (c) of this section.

(f) License eligibility

Any United States citizen who otherwise qualifies under the terms

of this chapter shall be eligible to be issued a license for the

ownership, construction, and operation of an ocean thermal energy

conversion facility or plantship.

(g) License term and renewal

Licenses issued under this chapter shall be for a term of not to

exceed 25 years. Each licensee shall have a preferential right to

renew his license subject to the requirements of subsection (c) of

this section, upon such conditions and for such term, not to exceed

an additional 10 years upon each renewal, as the Administrator

determines to be reasonable and appropriate.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 101, Aug. 3, 1980, 94 Stat. 976;

Pub. L. 98-623, title VI, Sec. 602(a)(3)-(5), (b), (e)(8)-(11),

Nov. 8, 1984, 98 Stat. 3410-3412.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972, referred to in subsec.

(c)(10), is title III of Pub. L. 89-454 as added by Pub. L. 92-583,

Oct. 27, 1972, 86 Stat. 1280, and amended, which is classified

generally to chapter 33 (Sec. 1451 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1451 of Title 16 and

Tables.

-MISC1-

AMENDMENTS

1984 - Subsecs. (a), (b)(2). Pub. L. 98-623, Sec. 602(a)(3), (4),

substituted "located in whole or in part between the highwater mark

and the seaward boundary of the territorial sea" for "located in

the territorial sea".

Subsec. (c)(1). Pub. L. 98-623, Sec. 602(b)(1), substituted

"cannot or will not" for "cannot and will not".

Subsec. (c)(4). Pub. L. 98-623, Sec. 602(e)(8), substituted

"regulatory authority" for "enforcement authority".

Subsec. (c)(5). Pub. L. 98-623, Sec. 602(b)(2), substituted "has

not expired" for "has expired".

Subsec. (c)(6). Pub. L. 98-623, Sec. 602(e)(9), substituted

"application for a license" for "application for license".

Subsec. (c)(7). Pub. L. 98-623, Sec. 602(a)(5), substituted "will

be documented under the laws of a foreign nation" for "will not be

documented under the laws of the United States".

Subsec. (c)(10). Pub. L. 98-623, Sec. 602(b)(3), (5), substituted

"any adjacent" for "each adjacent" and "(16 U.S.C. 1451 et seq.)"

for "(33 U.S.C. 1451 et seq.)".

Subsec. (c)(13). Pub. L. 98-623, Sec. 602(b)(4), substituted "or"

for "and" after the semicolon at the end.

Subsec. (c)(14). Pub. L. 98-623, Sec. 602(e)(10), substituted "if

a regulation" for "when a regulation".

Subsec. (d)(2). Pub. L. 98-623, Sec. 602(e)(11), substituted

"applicant, licensee" for "licensee".

-TRANS-

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.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9112 of this title.

-End-

-CITE-

42 USC Sec. 9112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9112. Procedure

-STATUTE-

(a) Rules and regulations

The Administrator shall, after consultation with the Secretary of

Energy and the heads of other Federal agencies, issue regulations

to carry out the purposes and provisions of this chapter, in

accordance with the provisions of section 553 of title 5, without

regard to subsection (a) thereof. Such regulations shall pertain

to, but need not be limited to, application for issuance, transfer,

renewal, suspension, and termination of licenses. Such regulations

shall provide for full consultation and cooperation with all other

interested Federal agencies and departments and with any

potentially affected coastal State, and for consideration of the

views of any interested members of the general public. The

Administrator is further authorized, consistent with the purposes

and provisions of this chapter, to amend or rescind any such

regulation. The Administrator shall complete issuance of final

regulations to implement this chapter within 1 year of August 3,

1980.

(b) Site evaluation and preconstruction testing

The Administrator, in consultation with the Secretary of the

Interior and the Secretary of the department in which the Coast

Guard is operating may, if he determines it to be necessary,

prescribe regulations consistent with the purposes of this chapter,

relating to those activities in site evaluation and preconstruction

testing at potential ocean thermal energy conversion facility or

plantship locations that may (1) adversely affect the environment;

(2) interfere with other reasonable uses of the high seas or with

authorized uses of the Outer Continental Shelf; or (3) pose a

threat to human health and safety. If the Administrator prescribes

regulations relating to such activities, such activities may not be

undertaken after the effective date of such regulations except in

accordance therewith.

Not later than 60 days after August 3, 1980, the Secretary of

Energy, the Administrator of the Environmental Protection Agency,

the Secretary of the department in which the Coast Guard is

operating, the Secretary of the Interior, the Chief of Engineers of

the United States Army Corps of Engineers, and the heads of any

other Federal departments or agencies having expertise concerning,

or jurisdiction over, any aspect of the construction or operation

of ocean thermal energy conversion facilities or plantships, shall

transmit to the Administrator written description of their

expertise or statutory responsibilities pursuant to this chapter or

any other Federal law.

(d) Application

(1) Within 21 days after the receipt of an application, the

Administrator shall determine whether the application appears to

contain all of the information required by paragraph (2) of this

subsection. If the Administrator determines that such information

appears to be contained in the application, the Administrator

shall, no later than 5 days after making such a determination,

publish notice of the application and a summary of the plans in the

Federal Register. If the Administrator determines that all of the

required information does not appear to be contained in the

application, the Administrator shall notify the applicant and take

no further action with respect to the application until such

deficiencies have been remedied.

(2) Each application shall include such financial, technical, and

other information as the Administrator determines by regulation to

be necessary or appropriate to process the license pursuant to

section 9111 of this title.

(e) Area description; additional license applications

(1) At the time notice of an application for an ocean thermal

energy conversion facility is published pursuant to subsection (d)

of this section, the Administrator shall publish a description in

the Federal Register of an application area encompassing the site

proposed in the application for such facility and within which the

thermal plume of one ocean thermal energy conversion facility might

be expected to impinge on so as to degrade the thermal gradient

used by another ocean thermal energy conversion facility, unless

the application is for a license for an ocean thermal energy

conversion facility to be located within an application area which

has already been designated.

(2) The Administrator shall accompany such publication with a

call for submission of any other applications for licenses for the

ownership, construction, and operation of an ocean thermal energy

conversion facility within the designated application area. Any

person intending to file such an application shall submit a notice

of intent to file an application to the Administrator not later

than 60 days after the publication of notice pursuant to subsection

(d) of this section, and shall submit the completed application no

later than 90 days after publication of such notice. The

Administrator shall publish notice of any such application received

in accordance with subsection (d) of this section. No application

for a license for the ownership, construction, and operation of an

ocean thermal energy conversion facility within the designated

application area for which a notice of intent to file was received

after such 60-day period, or which is received after such 90-day

period has elapsed, shall be considered until action has been

completed on all timely filed applications pending with respect to

such application area.

(f) Copies of application to other agencies

An application filed with the Administrator shall constitute an

application for all Federal authorizations required for ownership,

construction, and operation of an ocean thermal energy conversion

facility or plantship, except for authorizations required by

documentation, inspection, certification, construction, and manning

laws and regulations administered by the Secretary of the

department in which the Coast Guard is operating. At the time

notice of any application is published pursuant to subsection (d)

of this section, the Administrator shall forward a copy of such

application to those Federal agencies and departments with

jurisdiction over any aspect of such ownership, construction, or

operation for comment, review, or recommendation as to conditions

and for such other action as may be required by law. Each agency or

department involved shall review the application and, based upon

legal considerations within its area of responsibility, recommend

to the Administrator the approval or disapproval of the application

not later than 45 days after public hearings are concluded pursuant

to subsection (g) of this section. In any case in which an agency

or department recommends disapproval, it shall set forth in detail

the manner in which the application does not comply with any law or

regulation within its area of responsibility and shall notify the

Administrator of the manner in which the application may be amended

or the license conditioned so as to bring it into compliance with

the law or regulation involved.

(g) Notice, comments, and hearing

A license may be issued, transferred, or renewed only after

public notice, opportunity for comment, and public hearings in

accordance with this subsection. At least one such public hearing

shall be held in the District of Columbia and in any adjacent

coastal State to which a facility is proposed to be directly

connected by pipeline or electric transmission cable. Any

interested person may present relevant material at any such

hearing. After the hearings required by this subsection are

concluded, if the Administrator determines that there exist one or

more specific and material factual issues which may be resolved by

a formal evidentiary hearing, at least one adjudicatory hearing

shall be held in the District of Columbia in accordance with the

provisions of section 554 of title 5. The record developed in any

such adjudicatory hearing shall be part of the basis for the

Administrator's decision to approve or deny a license. Hearings

held pursuant to this subsection shall be consolidated insofar as

practicable with hearings held by other agencies. All public

hearings on all applications with respect to facilities for any

designated application area shall be consolidated and shall be

concluded not later than 240 days after notice of the initial

application has been published pursuant to subsection (d) of this

section. All public hearings on applications with respect to ocean

thermal energy conversion plantships shall be concluded not later

than 240 days after notice of the application has been published

pursuant to subsection (d) of this section.

(h) Administrative fee

The Administrator shall not take final action on any application

unless the applicant has paid to the Administrator a reasonable

administrative fee, which shall be deposited into miscellaneous

receipts of the Treasury. The amount of the fee imposed by the

Administrator on any applicant shall reflect the reasonable

administrative costs incurred by the National Oceanic and

Atmospheric Administration in reviewing and processing the

application.

(i) Approval or denial of application; applications for same area;

factors determinative of facility selection

(1) The Administrator shall approve or deny any timely filed

application with respect to a facility for a designated application

area submitted in accordance with the provision of this chapter not

later than 90 days after public hearings on proposed licenses for

that area are concluded pursuant to subsection (g) of this section.

The Administrator shall approve or deny an application for a

license for ownership, construction, and operation of an ocean

thermal energy conversion plantship submitted pursuant to this

chapter no later than 90 days after the public hearings on that

application are concluded pursuant to subsection (g) of this

section.

(2) In the event more than one application for a license for

ownership, construction, and operation of an ocean thermal energy

conversion facility is submitted pursuant to this chapter for the

same designated application area, the Administrator, unless one or

a specific combination of the proposed facilities clearly best

serves the national interest, shall make decisions on license

applications in the order in which they were submitted to him.

(3) In determining whether any one or a specific combination of

the proposed ocean thermal energy conversion facilities clearly

best serves the national interest, the Administrator, in

consultation with the Secretary of Energy, shall consider the

following factors:

(A) the goal of making the greatest possible use of ocean

thermal energy conversion by installing the largest capacity

practicable in each application area;

(B) the amount of net energy impact of each of the proposed

ocean thermal energy conversion facilities;

conversion facilities will affect the environment;

(D) any significant differences between anticipated dates and

commencement of operation of the proposed ocean thermal energy

conversion facilities; and

(E) any differences in costs of construction and operation of

the proposed ocean thermal energy conversion facilities, to the

extent that such differentials may significantly affect the

ultimate cost of energy or products to the consumer.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 102, Aug. 3, 1980, 94 Stat. 979;

Pub. L. 98-623, title VI, Sec. 602(f), Nov. 8, 1984, 98 Stat.

3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (h). Pub. L. 98-623 substituted "The Administrator

shall not take final action on any application unless the applicant

has paid to the Administrator a reasonable administrative fee" for

"Each person applying for a license pursuant to this chapter shall

remit to the Administrator at the time the application is filed a

nonrefundable application fee" and "imposed by the Administrator on

any applicant shall reflect the reasonable administrative costs

incurred by the National Oceanic and Atmospheric Administration"

for "shall be established by regulation by the Administrator, and

shall reflect the reasonable administrative costs incurred".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9115, 9117, 9118 of this

title.

-End-

-CITE-

42 USC Sec. 9113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9113. Protection of submarine electric transmission cables and

equipment

-STATUTE-

(a) Prohibited acts; misdemeanor; penalty and fine

Any person who shall willfully and wrongfully break or injure, or

attempt to break or injure, or who shall in any manner procure,

counsel, aid, abet, or be accessory to such breaking or injury, or

attempt to break or injure, any submarine electric transmission

cable or equipment being constructed or operated under a license

issued pursuant to this chapter shall be guilty of a misdemeanor

and, on conviction thereof, shall be liable to imprisonment for a

term not exceeding 2 years, or to a fine not exceeding $5,000, or

to both fine and imprisonment, at the discretion of the court.

(b) Culpable negligence; misdemeanor; penalty and fine

Any person who by culpable negligence shall break or injure any

submarine electric transmission cable or equipment being

constructed or operated under a license issued pursuant to this

chapter shall be guilty of a misdemeanor and, on conviction

thereof, shall be liable to imprisonment for a term not exceeding 3

months, or to a fine not exceeding $500, or to both fine and

imprisonment, at the discretion of the court.

The provisions of subsections (a) and (b) of this section shall

not apply to any person who, after having taken all necessary

precautions to avoid such breaking or injury, breaks or injures any

submarine electric transmission cable or equipment in an effort to

save the life or limb of himself or of any other person, or to save

his own or any other vessel.

(d) Suits for damages

The penalties provided in subsections (a) and (b) of this section

for the breaking or injury of any submarine electric transmission

cable or equipment shall not be a bar to a suit for damages on

account of such breaking or injury.

(e) Indemnity

Whenever any vessel sacrifices any anchor, fishing net, or other

fishing gear to avoid injuring any submarine electric transmission

cable or equipment being constructed or operated under a license

issued pursuant to this chapter, the licensee shall indemnify the

owner of such vessel for the items sacrificed: Provided, That the

owner of the vessel had taken all reasonable precautionary measures

beforehand.

(f) Repair costs

Any licensee who causes any break in or injury to any submarine

cable or pipeline of any type shall bear the cost of the repairs.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 103, Aug. 3, 1980, 94 Stat. 982.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9152 of this title.

-End-

-CITE-

42 USC Sec. 9114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9114. Antitrust review

-STATUTE-

(a) Review of applications by Attorney General

Whenever any application for issuance, transfer, or renewal of

any license is received, the Administrator shall transmit promptly

to the Attorney General a complete copy of such application. Within

90 days of the receipt of the application, the Attorney General

shall conduct such antitrust review of the application as he deems

appropriate, and submit to the Administrator any advice or

recommendations he deems advisable to avoid any action upon such

application by the Administrator which would create a situation

inconsistent with the antitrust laws. If the Attorney General fails

to file such views within the 90-day period, the Administrator

shall proceed as if such views had been received. The Administrator

shall not issue, transfer, or renew the license during the 90-day

period, except upon written confirmation by the Attorney General

that he does not intend to submit any further advice or

recommendation on the application during such period.

(b) Issuance of license as constituting no defense for antitrust

violations

The issuance of a license under this chapter shall not be

admissible in any way as a defense to any civil or criminal action

for violation of the antitrust laws of the United States, nor shall

it in any way modify or abridge any private right of action under

such laws. Nothing in this section shall be construed to bar the

Attorney General or the Federal Trade Commission from challenging

any anticompetitive situation involved in the ownership,

construction, or operation of an ocean thermal energy conversion

facility or plantship.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 104, Aug. 3, 1980, 94 Stat. 983.)

-REFTEXT-

REFERENCES IN TEXT

The "antitrust laws", referred to in text, are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9111 of this title.

-End-

-CITE-

42 USC Sec. 9115 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9115. Adjacent coastal States

-STATUTE-

(a) Designation of adjacent coastal State

(1) The Administrator, in issuing notice of application pursuant

to section 9112(d) of this title, shall designate as an "adjacent

coastal State" any coastal State which (A) would be directly

connected by electric transmission cable or pipeline to an ocean

thermal energy conversion facility as proposed in an application,

or (B) in whose waters any part of such proposed ocean thermal

energy conversion facility would be located, or (C) in whose waters

an ocean thermal energy conversion plantship would be operated as

proposed in an application.

(2) The Administrator shall, upon request of a State, designate

such State as an "adjacent coastal State" if he determines (A) that

there is a risk of damage to the coastal environment of such State

equal to or greater than the risk posed to a State required to be

designated as an "adjacent coastal State" by paragraph (1) of this

subsection or (B) that the thermal plume of the proposed ocean

thermal energy conversion facility or plantship is likely to

impinge on so as to degrade the thermal gradient at possible

locations for ocean thermal energy conversion facilities which

could reasonably be expected to be directly connected by electric

transmission cable or pipeline to such State. This paragraph shall

apply only with respect to requests made by a State not later than

the 14th day after the date of publication of notice of application

for a proposed ocean thermal energy conversion facility in the

Federal Register in accordance with section 9112(d) of this title.

The Administrator shall make any designation required by this

paragraph not later than the 45th day after the date he receives

such a request from a State.

(b) State coastal zone management program

(1) Not later than 5 days after the designation of an adjacent

coastal State pursuant to this section, the Administrator shall

transmit a complete copy of the application to the Governor of such

State. The Administrator shall not issue a license without

consultation with the Governor of each adjacent coastal State which

has an approved coastal zone management program in good standing

pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C. 1451

et seq.). If the Governor of such a State has not transmitted his

approval or disapproval to the Administrator by the 45th day after

public hearings on the application are concluded pursuant to

section 9112(g) of this title, such approval shall be conclusively

presumed. If the Governor of such a State notifies the

Administrator that an application which the Governor would

otherwise approve pursuant to this paragraph is inconsistent in

some respect with the State's coastal zone management program, the

Administrator shall condition the license granted so as to make it

consistent with such State program.

(2) Any adjacent coastal State which does not have an approved

coastal zone management program in good standing, and any other

interested State, shall have the opportunity to make its views

known to, and to have them given full consideration by, the

Administrator regarding the location, construction, and operation

of an ocean thermal energy conversion facility or plantship.

The consent of Congress is given to 2 or more States to negotiate

and enter into agreements or compacts, not in conflict with any law

or treaty of the United States, (1) to apply for a license for the

ownership, construction, and operation of an ocean thermal energy

conversion facility or plantship or for the transfer of such a

license, and (2) to establish such agencies, joint or otherwise, as

are deemed necessary or appropriate for implementing and carrying

out the provisions of any such agreement or compact. Such agreement

or compact shall be binding and obligatory upon any State or other

party thereto without further approval by the Congress.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 105, Aug. 3, 1980, 94 Stat. 983;

Pub. L. 98-623, title VI, Sec. 602(e)(12)-(14), Nov. 8, 1984, 98

Stat. 3412.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.),

referred to in subsec. (b)(1), is title III of Pub. L. 89-454 as

added by Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280, and amended,

which is classified generally to chapter 33 (Sec. 1451 et seq.) of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 1451 of Title

16 and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(2). Pub. L. 98-623, Sec. 602(e)(12),

substituted "(A) that" for "that (A)".

Subsec. (b)(1). Pub. L. 98-623, Sec. 602(e)(13), (14),

substituted "of an adjacent coastal State" for "of adjacent coastal

State" and "application are concluded" for "application is

concluded".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9102 of this title.

-End-

-CITE-

42 USC Sec. 9116 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9116. Diligence requirements

-STATUTE-

(a) Rules and regulations

The Administrator shall promulgate regulations requiring each

licensee to pursue diligently the construction and operation of the

ocean thermal energy conversion facility or plantship to which the

license applies.

(b) Termination of license

If the Administrator determines that a licensee is not pursuing

diligently the construction and operation of the ocean thermal

energy conversion facility or plantship to which the license

applies, or that the project has apparently been abandoned, the

Administrator shall cause proceedings to be instituted under

section 9121 of this title to terminate the license.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 106, Aug. 3, 1980, 94 Stat. 984.)

-End-

-CITE-

42 USC Sec. 9117 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9117. Protection of the environment

-STATUTE-

(a) Environmental assessment program

The Administrator shall initiate a program to assess the effects

on the environment of ocean thermal energy conversion facilities

and plantships. The program shall include baseline studies of

locations where ocean thermal energy conversion facilities or

plantships are likely to be sited or operated; and research; and

monitoring of the effects of ocean thermal energy conversion

facilities and plantships in actual operation. The purpose of the

program shall be to assess the environmental effects of individual

ocean thermal energy facilities and plantships, and to assess the

magnitude of any cumulative environmental effects of large numbers

of ocean thermal energy facilities and plantships.

(b) Program purposes

The program shall be designed to determine, among other things -

(1) any short-term and long-term effects on the environment

which may occur as a result of the operation of ocean thermal

energy conversion facilities and plantships;

(2) the nature and magnitude of any oceanographic, atmospheric,

weather, climatic, or biological changes in the environment which

may occur as a result of deployment and operation of large

numbers of ocean thermal energy conversion facilities and

plantships;

(3) the nature and magnitude of any oceanographic, biological

or other changes in the environment which may occur as a result

of the operation of electric transmission cables and equipment

located in the water column or on or in the seabed, including the

hazards of accidentally severed transmission cables; and

(4) whether the magnitude of one or more of the cumulative

environmental effects of deployment and operation of large

numbers of ocean thermal energy conversion facilities and

plantships requires that an upper limit be placed on the number

or total capacity of such facilities or plantships to be licensed

under this chapter for simultaneous operation, either overall or

within specific geographic areas.

Within 180 days after August 3, 1980, the Administrator shall

prepare a plan to carry out the program described in subsections

(a) and (b) of this section, including necessary funding levels for

the next 5 fiscal years, and submit the plan to the Congress.

(d) Reduction of program to minimum necessary level

The program established by subsections (a) and (b) of this

section shall be reduced to the minimum necessary to perform

baseline studies and to analyze monitoring data, when the

Administrator determines that the program has resulted in

sufficient knowledge to make the determinations enumerated in

subsection (b) of this section with an acceptable level of

confidence.

(e) Environmental impact statement

The issuance of any license for ownership, construction, and

operation of an ocean thermal energy conversion facility or

plantship shall be deemed to be a major Federal action

significantly affecting the quality of the human environment for

purposes of section 4332(2)(C) of this title. For all timely

applications covering proposed facilities in a single application

area, and for each application relating to a proposed plantship,

the Administrator shall, pursuant to such section 4332(2)(C) of

this title and in cooperation with other involved Federal agencies

and departments, prepare a single environmental impact statement,

which shall fulfill the requirement of all Federal agencies in

carrying out their responsibilities pursuant to this chapter to

prepare an environmental impact statement. Each such draft

environmental impact statement relating to proposed facilities

shall be prepared and published within 180 days after notice of the

initial application has been published pursuant to section 9112(d)

of this title. Each such draft environmental impact statement

relating to a proposed plantship shall be prepared and published

within 180 days after notice of the application has been published

pursuant to section 9112(d) of this title. Each final environmental

impact statement shall be published not later than 90 days

following the date on which public hearings are concluded pursuant

to section 9112(g) of this title. The Administrator may extend the

deadline for publication of a specific draft or final environmental

impact statement to a later specified time for good cause shown in

writing.

(f) Discharge of pollutants

An ocean thermal energy conversion facility or plantship licensed

under this subchapter shall be deemed not to be a "vessel or other

floating craft" for the purposes of section 1362(12)(B) of title

33.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 107, Aug. 3, 1980, 94 Stat. 984.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9111 of this title.

-End-

-CITE-

42 USC Sec. 9118 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9118. Marine environmental protection and safety of life and

property at sea

-STATUTE-

(a) Coast Guard operations

The Secretary of the department in which the Coast Guard is

operating shall, subject to recognized principles of international

law, prescribe by regulation and enforce procedures with respect to

any ocean thermal energy conversion facility or plantship licensed

under this chapter, including, but not limited to, rules governing

vessel movement, procedures for transfer of materials between such

a facility or plantship and transport vessels, designation and

marking of anchorage areas, maintenance, law enforcement, and the

equipment, training, and maintenance required (1) to promote the

safety of life and property at sea, (2) to prevent pollution of the

marine environment, (3) to clean up any pollutants which may be

discharged, and (4) to otherwise prevent or minimize any adverse

impact from the construction and operation of such ocean thermal

energy conversion facility or plantship.

(b) Promotion of safety of life and property

The Secretary of the department in which the Coast Guard is

operating shall issue and enforce regulations, subject to

recognized principles of international law, with respect to lights

and other warning devices, safety equipment, and other matters

relating to the promotion of safety of life and property on any

ocean thermal energy conversion facility or plantship licensed

under this chapter.

Whenever a licensee fails to mark any component of such an ocean

thermal energy conversion facility or plantship in accordance with

applicable regulations, the Secretary of the department in which

the Coast Guard is operating shall mark such components for the

protection of navigation, and the licensee shall pay the cost of

such marking.

(d) Safety zones

(1) Subject to recognized principles of international law and

after consultation with the Secretary of Commerce, the Secretary of

the Interior, the Secretary of State, and the Secretary of Defense,

the Secretary of the department in which the Coast Guard is

operating shall designate a zone of appropriate size around and

including any ocean thermal energy conversion facility licensed

under this chapter and may designate such a zone around and

including any ocean thermal energy conversion plantship licensed

under this chapter for the purposes of navigational safety and

protection of the facility or plantship. The Secretary of the

department in which the Coast Guard is operating shall by

regulation define permitted activities within such zone consistent

with the purpose for which it was designated. The Secretary of the

department in which the Coast Guard is operating shall, not later

than 30 days after publication of notice pursuant to section

9112(d) of this title, designate such safety zone with respect to

any proposed ocean thermal energy conversion facility or plantship.

(2) In addition to any other regulations, the Secretary of the

department in which the Coast Guard is operating is authorized, in

accordance with this subsection, to establish a safety zone to be

effective during the period of construction of an ocean thermal

energy conversion facility or plantship licensed under this

chapter, and to issue rules and regulations relating thereto.

(3) Except in a situation involving force majeure, a licensee of

an ocean thermal energy conversion facility or plantship shall not

permit a vessel, registered in or flying the flag of a foreign

state, to call at, load or unload cargo at, or otherwise utilize

such a facility or plantship licensed under this chapter unless (A)

the foreign state involved has agreed, by specific agreement with

the United States, to recognize the jurisdiction of the United

States over the vessel and its personnel, in accordance with the

provisions of this chapter, while the vessel is located within the

safety zone, and (B) the vessel owner or operator has designated an

agent in the United States for receipt of service of process in the

event of any claim or legal proceeding resulting from activities of

the vessel or its personnel while located within such a safety

zone.

(e) Rules and regulations; vessels; "ocean thermal energy

conversion facility" defined

(1) The Secretary of the department in which the Coast Guard is

operating shall promulgate and enforce regulations specified in

paragraph (2) of this subsection and such other regulations as he

deems necessary concerning the documentation, design, construction,

alteration, equipment, maintenance, repair, inspection,

certification, and manning of ocean thermal energy conversion

facilities and plantships. In addition to other requirements

prescribed under those regulations, the Secretary of the department

in which the Coast Guard is operating may require compliance with

those vessel documentation, inspection, and manning laws which he

determines to be appropriate.

(2) Within 1 year after August 3, 1980, the Secretary of the

department in which the Coast Guard is operating shall promulgate

regulations under paragraph (1) of this subsection which require

that any ocean thermal energy conversion facility or plantship -

(A) be documented;

(B) comply with minimum standards of design, construction,

alteration, and repair; and

lawfully admitted to the United States for permanent residence,

unless -

(i) there is not a sufficient number of United States

citizens, or aliens lawfully admitted to the United States for

permanent residence, qualified and available for such work, or

(ii) the President makes a specific finding, with respect to

the particular vessel, platform, or moored, fixed or standing

structure, that application of this requirement would not be

consistent with the national interest.

(3) For the purposes of the documentation laws, for which

compliance is required under paragraph (1) of this subsection,

ocean thermal energy conversion facilities and plantships shall be

deemed to be vessels and, if documented, vessels of the United

States for the purposes of chapters 301 and 313 of title 46.

(4) For the purposes of this subsection the term "ocean thermal

energy conversion facility" refers only to an ocean thermal energy

conversion facility which has major components other than water

intake or discharge pipes located seaward of the highwater mark

(!1)

(f) Protection of navigation

Subject to recognized principles of international law, the

Secretary of the department in which the Coast Guard is operating

shall promulgate and enforce such regulations as he deems necessary

to protect navigation in the vicinity of a vessel engaged in the

installation, repair, or maintenance of any submarine electric

transmission cable or equipment, and to govern the markings and

signals used by such a vessel.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 108, Aug. 3, 1980, 94 Stat. 986;

Pub. L. 98-623, title VI, Sec. 602(a)(6), (7), (e)(1), (15), Nov.

8, 1984, 98 Stat. 3410-3412.)

-COD-

CODIFICATION

In subsec. (e)(3), "chapters 301 and 313 of title 46" substituted

for "the Ship Mortgage Act, 1920 (46 U.S.C. 911-984)" on authority

of Pub. L. 100-710, Sec. 105(a), Nov. 23, 1988, 102 Stat. 4751,

section 102(c) of which enacted subtitle III of Title 46, Shipping.

-MISC1-

AMENDMENTS

1984 - Subsec. (d)(1). Pub. L. 98-623, Sec. 602(e)(1),

substituted "navigational safety" for "reorganizational safety".

Subsec. (d)(3). Pub. L. 98-623, Sec. 602(e)(15), added par. (3)

by inserting text of former subsec. (b)(3) of section 9119 of this

title.

Subsec. (e)(2)(C)(ii). Pub. L. 98-623, Sec. 602(a)(6),

substituted "moored, fixed or standing" for "moored or standing".

Subsec. (e)(4). Pub. L. 98-623, Sec. 602(a)(7), added par. (4).

-TRANS-

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.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

42 USC Sec. 9119 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9119. Prevention of interference with other uses of high seas

-STATUTE-

(a) License conditions

Each license shall include such conditions as may be necessary

and appropriate to ensure that construction and operation of the

ocean thermal energy conversion facility or plantship are conducted

with reasonable regard for navigation, fishing, energy production,

scientific research, or other uses of the high seas, either by

citizens of the United States or by other nations in their exercise

of the freedoms of the high seas as recognized under the Convention

of the High Seas and the general principles of international law.

(b) Rules and regulations

The Administrator shall promulgate regulations specifying under

what conditions and in what circumstances the thermal plume of an

ocean thermal energy conversion facility or plantship licensed

under this chapter will be deemed -

(1) to impinge on so as to degrade the thermal gradient used by

another ocean thermal energy conversion facility or plantship, or

(2) to impinge on so as to adversely affect the territorial sea

or area of national resource jurisdiction, as recognized by the

United States, of any other nation.

Such regulations shall also provide for the Administrator to

mediate or arbitrate any disputes among licensees regarding the

extent to which the thermal plume of one licensee's facility or

plantship impinges on the operation of another licensee's facility

or plantship.

The Secretary of the department in which the Coast Guard is

operating shall promulgate, after consultation with the

Administrator, and shall enforce, regulations governing the

movement and navigation of ocean thermal energy conversion

plantships licensed under this chapter to ensure that the thermal

plume of such an ocean thermal energy conversion plantship does not

unreasonably impinge on so as to degrade the thermal gradient used

by the operation of any other ocean thermal energy conversion

plantship or facility except in case of force majeure or with the

consent of owner of the other such plantship or facility, and to

ensure that the thermal plume of such an ocean thermal energy

conversion plantship does not impinge on so as to adversely affect

the territorial sea or area of national resource jurisdiction, as

recognized by the United States, of any other nation unless the

Secretary of State has approved such impingement after consultation

with such nation.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 109, Aug. 3, 1980, 94 Stat. 987;

Pub. L. 98-623, title VI, Sec. 602(e)(2), (15), (16), Nov. 8, 1984,

98 Stat. 3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(2). Pub. L. 98-623, Sec. 602(e)(2),

substituted "national resource jurisdiction" for "natural resource

jurisdiction".

Subsec. (b)(3). Pub. L. 98-623, Sec. 602(e)(15), struck out par.

(3) which prohibited a licensee of an ocean thermal energy

conversion facility or plantship under this chapter, except in the

case of force majeure, from permitting foreign vessels to call at,

or load or unload cargo at, or otherwise use such facility or

plantship unless the foreign state involved had specifically agreed

to recognize the jurisdiction of the United States over the vessel

and its personnel while such vessel was located in the safety zone

and the vessel owner or operator had designated an agent in the

United States for receipt of service of process for legal claims or

proceedings arising from activities of the vessel or its personnel

while located in such zone. See section 9118(d)(3) of this title.

Subsec. (c). Pub. L. 98-623, Sec. 602(e)(16), substituted "the

thermal plume of such" for "the thermal plume such of" in second

place appearing, and substituted "impingement" for "impingment".

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 9120 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9120. Monitoring of licensees' activities

-STATUTE-

Each license shall require the licensee -

(1) to allow the Administrator to place appropriate Federal

officers or employees in or aboard the ocean thermal energy

conversion facility or plantship to which the license applies, at

such times and to such extent as the Administrator deems

reasonable and necessary to assess compliance with any condition

or regulation applicable to the license, and to report to the

Administrator whenever such officers or employees have reason to

believe there is a failure to comply;

(2) to cooperate with such officers and employees in the

performance of monitoring functions; and

(3) to monitor the environmental effects, if any, of the

operation of the ocean thermal energy conversion facility or

plantship in accordance with regulations issued by the

Administrator, and to submit such information as the

Administrator finds to be necessary and appropriate to assess

environmental impacts and to develop and evaluate mitigation

methods and possibilities.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 110, Aug. 3, 1980, 94 Stat. 988;

Pub. L. 98-623, title VI, Sec. 602(a)(8), Nov. 8, 1984, 98 Stat.

3411.)

-MISC1-

AMENDMENTS

1984 - Par. (1). Pub. L. 98-623 substituted "in or aboard" for

"aboard".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9151 of this title.

-End-

-CITE-

42 USC Sec. 9121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9121. Suspension, revocation, and termination of licenses

-STATUTE-

(a) Filing of action by Attorney General; automatic suspension

Whenever a licensee fails to comply with any applicable provision

of this chapter or any applicable rule, regulation, restriction, or

condition issued or imposed by the Administrator under the

authority of this chapter, the Attorney General, at the request of

the Administrator, shall file an action in the appropriate United

States district court to -

(1) suspend the license; or

(2) if such failure is knowing and continues for a period of 30

days after the Administrator mails notification of such failure

by registered letter to the licensee at his record post office

address, revoke such license.

No proceeding under this section is necessary if the license, by

its terms, provides for automatic suspension or termination upon

the occurrence of a fixed or agreed upon condition, event, or time.

(b) Immediate suspension of construction or operation pending

completion of proceedings

If the Administrator determines that immediate suspension of the

construction or operation of an ocean thermal energy conversion

facility or plantship or any component thereof is necessary to

protect public health and safety or to eliminate imminent and

substantial danger to the environment the Administrator may order

the licensee to cease or alter such construction or operation

pending the completion of a judicial proceeding pursuant to

subsection (a) of this section.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 111, Aug. 3, 1980, 94 Stat. 988;

Pub. L. 98-623, title VI, Sec. 602(e)(17), Nov. 8, 1984, 98 Stat.

3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-623 substituted "environment" for

"environment established by any treaty or convention,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9116 of this title.

-End-

-CITE-

42 USC Sec. 9122 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9122. Recordkeeping and public access to information

-STATUTE-

(a) Records and reports

Each licensee shall establish and maintain such records, make

such reports, and provide such information as the Administrator,

after consultation with other interested Federal departments and

agencies, shall by regulation prescribe to carry out the provisions

of this chapter. Each licensee shall submit such reports and shall

make available such records and information as the Administrator

may request.

(b) Confidential information

Any information reported to or collected by the Administrator

under this chapter which is exempt from disclosure pursuant to

section 552(b)(4) of title 5 (relating to trade secrets and

commercial or financial information which is privileged or

confidential) shall not -

(1) be publicly disclosed by the Administrator or by any other

officer or employee of the United States, unless the

Administrator has -

(A) determined that the disclosure is necessary to protect

the public health or safety or the environment against an

unreasonable risk of injury, and

(B) notified the person who submitted the information 10 days

before the disclosure is to be made, unless the delay resulting

from such notice would be detrimental to the public health or

safety or the environment, or

(2) be otherwise disclosed except -

(A)(i) to other Federal and adjacent coastal State government

departments and agencies for official use,

(ii) to any committee of the Congress of appropriate

jurisdiction, or

(iii) pursuant to court order, and

(B) when the Administrator has taken appropriate steps to

inform the recipient of the confidential nature of the

information.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 112, Aug. 3, 1980, 94 Stat. 989;

Pub. L. 98-623, title VI, Sec. 602(e)(3), (18), Nov. 8, 1984, 98

Stat. 3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-623, Sec. 602(e)(3), substituted

"(relating to trade secrets and commercial or financial information

which is privileged or confidential)" for "(relating to trade

secrets and confidential commercial and financial information)".

Subsec. (b)(2)(B). Pub. L. 98-623, Sec. 602(e)(18), substituted

"Administrator" for "administrator".

-End-

-CITE-

42 USC Sec. 9123 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9123. Relinquishment or surrender of license

-STATUTE-

(a) Relinquishment or surrender authority; continuation of

liability

Any licensee may at any time, without penalty, surrender to the

Administrator a license issued to him, or relinquish to the

Administrator, in whole or in part, any right to conduct

construction or operation of an ocean thermal energy conversion

facility or plantship, including part or all of any right of way

which may have been granted in conjunction with such license:

Provided, That such surrender or relinquishment shall not relieve

the licensee of any obligation or liability established by this

chapter, or any other Act, or of any obligation or liability for

actions taken by him prior to such surrender or relinquishment, or

during disposal or removal of any components required to be

disposed of or removed pursuant to this chapter.

(b) Transfer of right of way

If part or all of a right of way which is relinquished, or for

which the license is surrendered, to the Administrator pursuant to

subsection (a) of this section contains an electric transmission

cable or pipeline which is used in conjunction with another license

for an ocean thermal energy conversion facility, the Administrator

shall allow the other licensee an opportunity to add such right of

way to his license before informing the Secretary of the Interior

that the right of way has been vacated.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 113, Aug. 3, 1980, 94 Stat. 989.)

-End-

-CITE-

42 USC Sec. 9124 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9124. Civil actions

-STATUTE-

(a) Jurisdiction

Except as provided in subsection (b) of this section, any person

having a valid legal interest which is or may be adversely affected

may commence a civil action for equitable relief on his own behalf

in the United States District Court for the District of Columbia

whenever such action constitutes a case or controversy -

(1) against any person who is alleged to be in violation of any

provision of this chapter or any regulation or condition of a

license issued pursuant to this chapter; or

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

chapter which is not discretionary.

In suits brought under this chapter, the district courts of the

United States shall have jurisdiction, without regard to the amount

in controversy or the citizenship of the parties, to enforce any

provision of this chapter or any regulation or term or condition of

a license issued pursuant to this chapter or to order the

Administrator to perform such act or duty, as the case may be.

(b) Notice

No civil action may be commenced -

(1) under subsection (a)(1) of this section -

(A) prior to 60 days after the plaintiff has given notice of

the violation to the Administrator and to any alleged violator;

(B) if the Administrator or the Attorney General has

commenced and is diligently prosecuting a civil or criminal

action with respect to such matters in a court of the United

States, but in any such action any person may intervene as a

matter of right; or

(2) under subsection (a)(2) of this section prior to 60 days

after the plaintiff has given notice of such action to the

Administrator.

Notice under this subsection shall be given in such a manner as the

Administrator shall prescribe by regulation.

In any action under this section, the Administrator or the

Attorney General, if not a party, may intervene as a matter of

right.

(d) Award of costs

The court, in issuing any final order in any action brought

pursuant to subsection (a) of this section, may award costs of

litigation (including reasonable attorney and expert witness fees)

to any party whenever the court determines that such an award is

appropriate.

(e) Other remedies not restricted

Nothing in this section shall restrict any right which any person

or class of persons may have under any statute or common law to

seek enforcement or to seek any other relief.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 114, Aug. 3, 1980, 94 Stat. 990.)

-End-

-CITE-

42 USC Sec. 9125 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9125. Judicial review

-STATUTE-

Any person suffering legal wrong, or who is adversely affected or

aggrieved by the Administrator's decision to issue, transfer,

modify, renew, suspend, or terminate a license may, not later than

60 days after such decision is made, seek judicial review of such

decision in the United States Court of Appeals for the District of

Columbia. A person shall be deemed to be aggrieved by the

Administrator's decision within the meaning of this chapter if he -

(1) has participated in the administrative proceedings before

the Administrator (or if he did not so participate, he can show

that his failure to do so was caused by the Administrator's

failure to provide the required notice); and

(2) is adversely affected by the Administrator's action.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 115, Aug. 3, 1980, 94 Stat. 990.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9153 of this title.

-End-

-CITE-

42 USC Sec. 9126 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9126. Exempt operations

-STATUTE-

(a) Test platforms

The provisions of this subchapter shall not apply to any test

platform which will not operate as an ocean thermal energy

conversion facility or plantship after conclusion of the testing

period.

(b) Commercial demonstration ocean thermal energy conversion

facilities or plantships

The provisions of this subchapter shall not apply to ownership,

construction, or operation of any ocean thermal energy conversion

facility or plantship which the Secretary of Energy has designated

in writing as a demonstration project for the development of

alternative energy sources for the United States which is conducted

by, participated in, or approved by the Department of Energy. The

Secretary of Energy, after consultation with the Administrator,

shall require such demonstration projects to abide by as many of

the substantive requirements of this subchapter as he deems to be

practicable without damaging the nature of or unduly delaying such

projects.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 116, Aug. 3, 1980, 94 Stat. 991;

Pub. L. 98-623, title VI, Sec. 602(e)(4), Nov. 8, 1984, 98 Stat.

3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-623 substituted "facility or

plantship" for "facility or platform".

-End-

-CITE-

42 USC Sec. 9127 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION

FACILITIES AND PLANTSHIPS

-HEAD-

Sec. 9127. Periodic review and revision of regulations

-STATUTE-

The Administrator and the Secretary of the department in which

the Coast Guard is operating shall periodically, at intervals of

not more than every 3 years, and in consultation with the Secretary

of Energy, review any regulations promulgated pursuant to the

provisions of this subchapter to determine the status and impact of

such regulations on the continued development, evolution, and

commercialization of ocean thermal energy conversion technology.

The results of each such review shall be included in the next

annual report required by section 9165 (!1) of this title. The

Administrator and such Secretary are authorized and directed to

promulgate any revisions to the then effective regulations as are

deemed necessary and appropriate based on such review, to ensure

that any regulations promulgated pursuant to the provisions of this

subchapter do not impede such development, evolution, and

commercialization of such technology. Additionally, the Secretary

of Energy is authorized to propose, based on such review, such

revisions for the same purpose. The Administrator or such

Secretary, as appropriate, shall have exclusive jurisdiction with

respect to any such proposal by the Secretary of Energy and,

pursuant to applicable procedures, shall consider and take final

action on any such proposal in an expeditious manner. Such

consideration shall include at least one informal hearing pursuant

to the procedures in section 553 of title 5.

-SOURCE-

(Pub. L. 96-320, title I, Sec. 117, Aug. 3, 1980, 94 Stat. 991.)

-REFTEXT-

REFERENCES IN TEXT

Section 9165 of this title, referred to in text, was omitted from

the Code.

-TRANS-

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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER II - MARITIME FINANCING FOR OCEAN

THERMAL ENERGY CONVERSION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER II - MARITIME FINANCING FOR OCEAN THERMAL ENERGY

CONVERSION

-HEAD-

SUBCHAPTER II - MARITIME FINANCING FOR OCEAN THERMAL ENERGY

CONVERSION

-End-

-CITE-

42 USC Sec. 9141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER II - MARITIME FINANCING FOR OCEAN THERMAL ENERGY

CONVERSION

-HEAD-

Sec. 9141. Determinations under Merchant Marine Act, 1936

-STATUTE-

(a)(1) For the purposes of section 607 of the Merchant Marine

Act, 1936 (46 U.S.C. 1177) [46 App. U.S.C. 1177], any ocean thermal

energy conversion facility or plantship licensed pursuant to this

chapter, and any vessel providing shipping service to or from such

an ocean thermal energy conversion facility or plantship, shall be

deemed to be a vessel operated in the foreign commerce of the

United States.

(2) The provisions of paragraph (1) of this subsection shall

apply for taxable years beginning after December 31, 1981.

(b) For the purposes of the Merchant Marine Act, 1936 (46 U.S.C.

1177 et seq.) [46 App. U.S.C. 1101 et seq.], any vessel documented

under the laws of the United States and used in providing shipping

service to or from any ocean thermal energy conversion facility or

plantship licensed pursuant to the provisions of this chapter shall

be deemed to be used in, and used in an essential service in, the

foreign commerce or foreign trade of the United States, as defined

in section 905(a) of the Merchant Marine Act, 1936 (46 U.S.C.

1244(a)) [46 App. U.S.C. 1244(a)].

-SOURCE-

(Pub. L. 96-320, title II, Sec. 201, Aug. 3, 1980, 94 Stat. 991.)

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in subsec. (b), is act

June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is

classified principally to chapter 27 (Sec. 1101 et seq.) of Title

46, Appendix, Shipping. For complete classification of this Act to

the Code, see section 1245 of Title 46, Appendix, and Tables.

-End-

-CITE-

42 USC SUBCHAPTER III - ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER III - ENFORCEMENT

-HEAD-

SUBCHAPTER III - ENFORCEMENT

-End-

-CITE-

42 USC Sec. 9151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 9151. Prohibited acts

-STATUTE-

It is unlawful for any person who is a United States citizen or

national, or a foreign national in or on board an ocean thermal

energy conversion facility or plantship or on board any vessel

documented or numbered under the laws of the United States, or who

is subject to the jurisdiction of the United States by an

international agreement to which the United States is a party -

(1) to violate any provision of this chapter; or any rule,

regulation, or order issued pursuant to this chapter; or any term

or condition of any license issued to such person pursuant to

this chapter;

(2) to refuse to permit any Federal officer or employee

authorized to monitor or enforce the provisions of sections 9120

and 9153 of this title to enter or board an ocean thermal energy

conversion facility or plantship or any vessel documented or

numbered under the laws of the United States, for purposes of

conducting any search or inspection in connection with the

monitoring or enforcement of this chapter or any rule,

regulation, order, term, or condition referred to in paragraph

(1) of this section;

(3) to forcibly assault, resist, oppose, impede, intimidate, or

interfere with any such authorized officer or employee in the

conduct of any search or inspection described in paragraph (2) of

this section;

(4) to resist a lawful arrest for any act prohibited by this

section; or

(5) to interfere with, delay, or prevent, by any means, the

apprehension or arrest of another person subject to this section

knowing that the other person has committed any act prohibited by

this section.

-SOURCE-

(Pub. L. 96-320, title III, Sec. 301, Aug. 3, 1980, 94 Stat. 994;

Pub. L. 98-623, title VI, Sec. 602(a)(9), Nov. 8, 1984, 98 Stat.

3411.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-623 substituted "in or on board an ocean

thermal energy conversion facility or plantship or on board any

vessel" for "on board an ocean thermal energy conversion facility

or plantship or other vessel" in provisions preceding par. (1).

Par. (2). Pub. L. 98-623 substituted "to enter or board" for "to

board".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9152, 9153 of this title.

-End-

-CITE-

42 USC Sec. 9152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 9152. Remedies and penalties

-STATUTE-

(a) Issuance and enforcement of orders

(1) The Administrator or his delegate shall have the authority to

issue and enforce orders during proceedings brought under this

chapter. Such authority shall include the authority to issue

subpenas, administer oaths, compel the attendance and testimony of

witnesses and the production of books, papers, documents, and other

evidence, to take depositions before any designated individual

competent to administer oaths, and to examine witnesses.

(2) Whenever on the basis of any information available to him the

Administrator finds that any person subject to section 9151 of this

title is in violation of any provision of this chapter or any rule,

regulation, order, license, or term or condition thereof, or other

requirements under this chapter, he may issue an order requiring

such person to comply with such provision or requirement, or bring

a civil action in accordance with subsection (b) of this section.

(3) Any compliance order issued under this subsection shall state

with reasonable specificity the nature of the violation and a time

for compliance, not to exceed 30 days, which the Administrator

determines is reasonable, taking into account the seriousness of

the violation and any good faith efforts to comply with applicable

requirements.

(b) Civil actions by Attorney General; equitable relief

(1) Upon a request by the Administrator, the Attorney General

shall commence a civil action for appropriate relief, including a

permanent or temporary injunction, to halt any violation for which

the Administrator is authorized to issue a compliance order under

subsection (a)(2) of this section.

(2) Upon a request by the Administrator, the Attorney General

shall bring an action in an appropriate district court of the

United States for equitable relief to redress a violation, by any

person subject to section 9151 of this title, of any provision of

this chapter, any regulation issued pursuant to this chapter, or

any license condition.

(1) Any person who is found by the Administrator, after notice

and an opportunity for a hearing in accordance with section 554 of

title 5, to have committed an act prohibited by section 9151 of

this title shall be liable to the United States for a civil

penalty, not to exceed $25,000 for each violation. Each day of a

continuing violation shall constitute a separate violation. The

amount of such civil penalty shall be assessed by the

Administrator, or his designee, by written notice. In determining

the amount of such penalty, the Administrator shall take into

account the nature, circumstances, extent and gravity of the

prohibited acts committed and, with respect to the violator, the

degree of culpability, any history of prior offenses, ability to

pay, and such other matters as justice may require.

(2) Any person against whom a civil penalty is assessed under

paragraph (1) of this subsection may obtain a review thereof in the

appropriate court of the United States by filing a notice of appeal

in such court within 30 days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Administrator. The Administrator shall promptly file in such

court a certified copy of the record upon which such violation was

found or such penalty imposed, as provided in section 2112 of title

28. The findings and order of the Administrator shall be set aside

by such court if they are not found to be supported by substantial

evidence, as provided in section 706(2) of title 5.

(3) If any person subject to section 9151 of this title fails to

pay an assessment of a civil penalty against him after it has

become final, or after the appropriate court has entered final

judgment in favor of the Administrator, the Administrator shall

refer the matter to the Attorney General of the United States, who

shall recover the amount assessed in any appropriate court of the

United States. In such action, the validity and appropriateness of

the final order imposing the civil penalty shall not be subject to

review.

(4) The Administrator may compromise, modify, or remit, with or

without conditions, any civil penalty which is subject to

imposition or which has been imposed under this subsection.

(d) Criminal penalties

(1) Any person subject to section 9151 of this title is guilty of

an offense if he willfully commits any act prohibited by such

section.

(2) Any offense, other than an offense for which the punishment

is prescribed by section 9113 of this title, is punishable by a

fine of not more than $75,000 for each day during which the

violation continues. Any offense described in paragraphs (2), (3),

(4), and (5) of section 9151 of this title is punishable by the

fine or imprisonment for not more than 6 months, or both. If, in

the commission of any offense, the person subject to section 9151

of this title uses a dangerous weapon, engages in conduct that

causes bodily injury to any Federal officer or employee, or places

any Federal officer or employee in fear of imminent bodily injury,

the offense is punishable by a fine of not more than $100,000 or

imprisonment for not more than 10 years, or both.

(e) In rem liability of vessels

Any ocean thermal energy conversion facility or plantship

licensed pursuant to this chapter and any other vessel documented

or numbered under the laws of the United States, except a public

vessel engaged in noncommercial activities, used in any violation

of this chapter or of any rule, regulation, order, license, or term

or condition thereof, or other requirements of this chapter, shall

be liable in rem for any civil penalty assessed or criminal fine

imposed and may be proceeded against in any district court of the

United States having jurisdiction thereof, whenever it shall appear

that one or more of the owners, or bareboat charterers, was at the

time of the violation a consenting party or privy to such

violation.

-SOURCE-

(Pub. L. 96-320, title III, Sec. 302, Aug. 3, 1980, 94 Stat. 995;

Pub. L. 98-623, title VI, Sec. 602(e)(5), Nov. 8, 1984, 98 Stat.

3412.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-623 substituted "to halt any

violation" for "any violation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9153 of this title.

-End-

-CITE-

42 USC Sec. 9153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER III - ENFORCEMENT

-HEAD-

Sec. 9153. Enforcement

-STATUTE-

(a) Enforcement responsibility of Administrator of National Oceanic

and Atmospheric Administration; Coast Guard

Except where a specific section of this chapter designates

enforcement responsibility, the provisions of this chapter shall be

enforced by the Administrator. The Secretary of the department in

which the Coast Guard is operating shall have exclusive

responsibility for enforcement measures which affect the safety of

life and property at sea, shall exercise such other enforcement

responsibilities with respect to vessels subject to the provisions

of this chapter as are authorized under other provisions of law,

and may, upon the specific request of the Administrator, assist the

Administrator in the enforcement of any provision of this chapter.

The Administrator and the Secretary of the department in which the

Coast Guard is operating may, by agreement, on a reimbursable basis

or otherwise, utilize the personnel, services, equipment, including

aircraft and vessels, and facilities of any other Federal agency or

department, and may authorize officers or employees of other

departments or agencies to provide assistance as necessary in

carrying out subsection (b) of this section. The Administrator and

the Secretary of the department in which the Coast Guard is

operating may issue regulations jointly or severally as may be

necessary and appropriate to carry out their duties under this

section.

(b) Enforcement activities of authorized officers

To enforce the provisions of this chapter in or on board any

ocean thermal energy conversion facility or plantship or any vessel

subject to the provisions of this chapter, any officer who is

authorized by the Administrator or the Secretary of the department

in which the Coast Guard is operating may -

(1) enter or board, and inspect, any ocean thermal energy

conversion facility or plantship or any vessel which is subject

to the provisions of this chapter;

(2) search the vessel if the officer has reasonable cause to

believe that the vessel has been used or employed in the

violation of any provision of this chapter;

(3) arrest any person subject to section 9151 of this title if

the officer has reasonable cause to believe that the person has

committed a criminal act prohibited by sections 9151 and 9152(d)

of this title;

(4) seize the vessel together with its gear, furniture,

appurtenances, stores, and cargo, used or employed in, or with

respect to which it reasonably appears that such vessel was used

or employed in, the violation of any provision of this chapter if

such seizure is necessary to prevent evasion of the enforcement

of this chapter;

(5) seize any evidence related to any violation of any

provision of this chapter;

(6) execute any warrant or other process issued by any court of

competent jurisdiction; and

(7) exercise any other lawful authority.

Except as otherwise specified in section 9125 of this title, the

district courts of the United States shall have exclusive original

jurisdiction over any case or controversy arising under the

provisions of this chapter. Except as otherwise specified in this

chapter, venue shall lie in any district wherein, or nearest to

which, the cause of action arose, or wherein any defendant resides,

may be found, or has his principal office. In the case of Guam, and

any Commonwealth, territory, or possession of the United States in

the Pacific Ocean, the appropriate court is the United States

District Court for the District of Guam, except that in the case of

American Samoa, the appropriate court is the United States District

Court for the District of Hawaii. Any such court may, at any time -

(1) enter restraining orders or prohibitions;

(2) issue warrants, process in rem, or other process;

(3) prescribe and accept satisfactory bonds or other security;

and

(4) take such other actions as are in the interest of justice.

(d) Definitions

For the purposes of this section, the term "vessel" includes an

ocean thermal energy conversion facility or plantship, and the term

"provisions of this chapter" or "provision of this chapter"

includes any rule, regulation, or order issued pursuant to this

chapter and any term or condition of any license issued pursuant to

this chapter.

-SOURCE-

(Pub. L. 96-320, title III, Sec. 303, Aug. 3, 1980, 94 Stat. 996;

Pub. L. 98-623, title VI, Sec. 602(a)(10), Nov. 8, 1984, 98 Stat.

3411.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-623 substituted "in or on board

any ocean thermal energy conversion facility or plantship or any

vessel" for "on board any ocean thermal energy conversion facility

or plantship or other vessel" in provisions preceding par. (1).

Subsec. (b)(1). Pub. L. 98-623 substituted "enter or board, and

inspect, any ocean thermal energy conversion facility or plantship

or" for "board and inspect".

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9151 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 9161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9161. Law of the sea treaty

-STATUTE-

If the United States ratifies a treaty, which includes provisions

with respect to jurisdiction over ocean thermal energy conversion

activities, resulting from any United Nations Conference on the Law

of the Sea, the Administrator, after consultation with the

Secretary of State, shall promulgate any amendment to the

regulations promulgated under this chapter which is necessary and

appropriate to conform such regulations to the provisions of such

treaty, in anticipation of the date when such treaty shall come

into force and effect for, or otherwise be applicable to, the

United States.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 401, Aug. 3, 1980, 94 Stat. 998.)

-End-

-CITE-

42 USC Sec. 9162 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9162. International negotiations

-STATUTE-

The Secretary of State, in cooperation with the Administrator and

the Secretary of the department in which the Coast Guard is

operating, shall seek effective international action and

cooperation in support of the policy and purposes of this chapter

and may initiate and conduct negotiations for the purpose of

entering into international agreements designed to guarantee

noninterference of ocean thermal energy conversion facilities and

plantships with the thermal gradients used by other such facilities

and plantships, to assure protection of such facilities and

plantships and of navigational safety in the vicinity thereof, and

to resolve such other matters relating to ocean thermal energy

conversion facilities and plantships as need to be resolved in

international agreements.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 402, Aug. 3, 1980, 94 Stat. 998.)

-TRANS-

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.

-End-

-CITE-

42 USC Sec. 9163 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9163. Relationship to other laws

-STATUTE-

(a) Facilities and plantships as comparable to areas of exclusive

Federal jurisdiction located within a State

(1) The Constitution, laws, and treaties of the United States

shall apply to an ocean thermal energy conversion facility or

plantship licensed under this chapter and all of which is located

seaward of the highwater mark, and to activities connected,

associated, or potentially interfering with the use or operation of

any such facility or plantship, in the same manner as if such

facility or plantship were an area of exclusive Federal

jurisdiction located within a State. Nothing in this chapter shall

be construed to relieve, exempt, or immunize any person from any

other requirement imposed by Federal law, regulation, or treaty.

(2) Ocean thermal energy conversion facilities and plantships

licensed under this chapter do not possess the status of islands

and have no territorial seas of their own.

(b) Responsibilities and authorities of States or United States

within territorial seas; applicability of State law to facilities

located beyond territorial seas

(1) Except as may otherwise be provided by this chapter, nothing

in this chapter shall in any way alter the responsibilities and

authorities of a State or the United States within the territorial

seas of the United States.

(2) The law of the nearest adjacent coastal State to which an

ocean thermal energy conversion facility located beyond the

territorial sea and licensed under this chapter is connected by

electric transmission cable or pipeline, now in effect or hereafter

adopted, amended, or repealed, is declared to be the law of the

United States, and shall apply to such facility, to the extent

applicable and not inconsistent with any provision or regulation

under this chapter or other Federal laws and regulations now in

effect or hereafter adopted, amended, or repealed: Provided,

however, That the application of State taxation laws is not

extended hereby outside the seaward boundary of any State. All such

applicable laws shall be administered and enforced by the

appropriate officers and courts of the United States outside the

seaward boundary of any State.

(1) For the purposes of the customs laws administered by the

Secretary of the Treasury, ocean thermal energy conversion

facilities and plantships documented under the laws of the United

States and licensed under this chapter shall be deemed to be

vessels.

(2) Except insofar as they apply to vessels documented under the

laws of the United States, the customs laws administered by the

Secretary of the Treasury, including the provisions of the Tariff

Act of 1930, as amended (19 U.S.C. 1202), and other laws codified

in title 19, shall not apply to any ocean thermal energy conversion

facility or plantship documented under the laws of the United

States and licensed under the provisions of this chapter, but all

foreign articles to be used in the construction of any such

facility or plantship, including any component thereof, shall first

be made subject to all applicable duties and taxes which would be

imposed upon or by reason of their importation if they were

imported for consumption in the United States. Duties and taxes

shall be paid thereon in accordance with laws applicable to

merchandise imported into the customs territory of the United

States.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 403, Aug. 3, 1980, 94 Stat. 998;

Pub. L. 98-623, title VI, Sec. 602(a)(11), (12), (e)(6), Nov. 8,

1984, 98 Stat. 3411, 3412.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c), are classified

generally to Title 19, Customs Duties.

The Tariff Act of 1930, as amended, referred to in subsec.

(c)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended,

which is classified generally to chapter 4 (Sec. 1202 et seq.) of

Title 19. For complete classification of this Act to the Code, see

section 1654 of Title 19 and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-623, Sec. 602(a)(11), inserted

"and all of which is located seaward of the highwater mark,".

Subsec. (c)(2). Pub. L. 98-623, Sec. 602(a)(12), substituted

"ocean thermal energy conversion facility or plantship documented

under the laws of the United States and licensed" for "ocean

thermal energy conversion facility or plantship licensed".

Pub. L. 98-623, Sec. 602(e)(6), substituted "Secretary of the

Treasury, including the provisions of the Tariff Act of 1930, as

amended (19 U.S.C. 1202), and other laws codified in title 19," for

"Secretary of the Treasury".

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

42 USC Sec. 9164 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9164. Submarine electric transmission cable and equipment

safety

-STATUTE-

(a) Standards and regulations

The Secretary of Energy, in cooperation with other interested

Federal agencies and departments, shall establish and enforce such

standards and regulations as may be necessary to assure the safe

construction and operation of submarine electric transmission

cables and equipment subject to the jurisdiction of the United

States. Such standards and regulations shall include, but not be

limited to, requirements for the use of the safest and best

available technology for submarine electric transmission cable

shielding, and for the use of automatic switches to shut off

electric current in the event of a break in such a cable.

(b) Report to Congress on appropriation and staffing needs

The Secretary of Energy, in cooperation with other interested

Federal agencies and departments, is authorized and directed to

report to the Congress within 60 days after August 3, 1980, on

appropriations and staffing needed to monitor submarine electric

transmission cables and equipment subject to the jurisdiction of

the United States so as to assure that they meet all applicable

standards for construction, operation, and maintenance.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 404, Aug. 3, 1980, 94 Stat. 999.)

-End-

-CITE-

42 USC Sec. 9165 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9165. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-320, title IV, Sec. 405, Aug. 3, 1980, 94

Stat. 999; Pub. L. 98-623, title VI, Sec. 602(c), Nov. 8, 1984, 98

Stat. 3411, which required the Administrator of the National

Oceanic and Atmospheric Administration to submit an annual report

on the administration of this chapter to the President of the

Senate and the Speaker of the House of Representatives, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, the 8th item on page 54 of House Document

No. 103-7.

-End-

-CITE-

42 USC Sec. 9166 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9166. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary of

Commerce, for the use of the Administrator in carrying out the

provisions of this chapter, not to exceed $3,000,000 for the fiscal

year ending September 30, 1981, not to exceed $3,500,000 for the

fiscal year ending September 30, 1982, not to exceed $3,500,000 for

the fiscal year ending September 30, 1983, not to exceed $480,000

for each of the fiscal years ending September 30, 1984 and

September 30, 1985, and not to exceed $630,000 for each of the

fiscal years ending September 30, 1986 and September 30, 1987.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 406, Aug. 3, 1980, 94 Stat. 1000;

Pub. L. 98-623, title VI, Sec. 601, Nov. 8, 1984, 98 Stat. 3410.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-623 inserted provisions authorizing

appropriations not to exceed $480,000 for each of the fiscal years

ending September 30, 1984 and September 30, 1985, and not to exceed

$630,000 for each of the fiscal years ending September 30, 1986 and

September 30, 1987.

-End-

-CITE-

42 USC Sec. 9167 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9167. Severability

-STATUTE-

If any provision of this chapter or any application thereof is

held invalid, the validity of the remainder of the chapter, or any

other application, shall not be affected thereby.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 407, Aug. 3, 1980, 94 Stat. 1000.)

-End-

-CITE-

42 USC Sec. 9168 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9168. Report to Congress on promotion and enhancement of

export potential of ocean thermal energy conversion components,

facilities, and plantships

-STATUTE-

Within 18 months after November 8, 1984, the Administrator shall

submit to the President of the Senate and the Speaker of the House

of Representatives a report detailing what steps the United States

Government is taking and plans to take to promote and enhance the

export potential of ocean thermal energy conversion components,

facilities, and plantships manufactured by United States industry.

Such report shall include -

(1) the relevant views of the National Oceanic and Atmospheric

Administration, International Trade Administration, Maritime

Administration, Department of Energy, Small Business

Administration, United States International Development

Cooperative Agency, the Office of the Special Trade

Representative, and other relevant United States Government

agencies;

(2) the findings of studies conducted by the Administrator to

fulfill the intent of this section;

(3) a summary of activities, including consultations held with

representatives of both the ocean thermal energy conversion and

financial industries conducted by the Administrator to fulfill

the intent of this section; and

(4) such recommendations as the Administrator deems appropriate

for amending this chapter or other relevant Acts to better

promote and enhance the export potential of ocean thermal energy

conversion components, facilities and plantships manufactured by

United States industry.

-SOURCE-

(Pub. L. 96-320, title IV, Sec. 408, as added Pub. L. 98-623, title

VI, Sec. 602(d), Nov. 8, 1984, 98 Stat. 3411.)

-End-

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