-CITE-
    42 USC CHAPTER 99 - OCEAN THERMAL ENERGY CONVERSION         01/02/2006

-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.                            
                  (c)  License issuance prerequisites.                
                  (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.   
                  (c)  Expertise or statutory responsibility
                        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.                                         
                  (c)  Exceptions.                                    
                  (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.         
                  (c)  Agreements and compacts between States.        
    9116.       Diligence requirements.                               
                  (a)  Rules and regulations.                         
                  (b)  Termination of license.                        
    9117.       Protection of the environment.                        
                  (a)  Environmental assessment program.              
                  (b)  Program purposes.                              
                  (c)  Plan submittal to Congress.                    
                  (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.      
                  (c)  Marking components for protection of
                        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.                         
                  (c)  Coast Guard operations.                        
    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.                                        
                  (c)  Right of Administrator or Attorney General to
                        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.                                       
                  (c)  Civil penalties.                               
                  (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. 
                  (c)  Jurisdiction; venue.                           
                  (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.              
                  (c)  Customs laws.                                  
    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                                            01/02/2006

-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                                            01/02/2006

-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, 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            01/02/2006

-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                                            01/02/2006

-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.
    (c) License issuance prerequisites
      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.

-End-



-CITE-
    42 USC Sec. 9112                                            01/02/2006

-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.
    (c) Expertise or statutory responsibility descriptions
      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;
        (C) the degree to which the proposed ocean thermal energy
      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.

-End-



-CITE-
    42 USC Sec. 9113                                            01/02/2006

-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.
    (c) Exceptions
      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.)

-End-



-CITE-
    42 USC Sec. 9114                                            01/02/2006

-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.

-End-



-CITE-
    42 USC Sec. 9115                                            01/02/2006

-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.
    (c) Agreements and compacts between States
      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".

-End-



-CITE-
    42 USC Sec. 9116                                            01/02/2006

-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                                            01/02/2006

-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.
    (c) Plan submittal to Congress
      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.)

-End-



-CITE-
    42 USC Sec. 9118                                            01/02/2006

-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.
    (c) Marking components for protection of navigation
      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
        (C) be manned or crewed by United States citizens or aliens
      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                                            01/02/2006

-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.
    (c) Coast Guard operations
      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                                            01/02/2006

-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".

-End-



-CITE-
    42 USC Sec. 9121                                            01/02/2006

-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,".

-End-



-CITE-
    42 USC Sec. 9122                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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;
        or
          (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.
    (c) Right of Administrator or Attorney General to intervene
      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                                            01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 9126                                            01/02/2006

-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                                            01/02/2006

-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                       01/02/2006

-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                                            01/02/2006

-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                         01/02/2006

-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                                            01/02/2006

-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".

-End-



-CITE-
    42 USC Sec. 9152                                            01/02/2006

-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.
    (c) Civil penalties
      (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".

-End-



-CITE-
    42 USC Sec. 9153                                            01/02/2006

-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.
    (c) Jurisdiction; venue
      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.

-End-


-CITE-
    42 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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.
    (c) Customs laws
      (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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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-