dreamproit/uscode huggingface dataset:
42 U.S.C. § 8852 (THE PUBLIC HEALTH AND WELFARE)
§ 8852. Coordination of research and extension activities; consultative requirements
(a) The Secretary of Agriculture shall coordinate the applied research and extension programs conducted under this subchapter 1 and under the amendments made by this subchapter to section 1419 [7 U.S.C. 3154]1 and subtitle B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3129],1 section 1 of the Bankhead-Jones Act [7 U.S.C. 3104], section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 [16 U.S.C. 1642], and sections 1 and 2 of the Smith-Lever Act [7 U.S.C. 341, 342] with the programs of the Department of Energy.
(b) In carrying out this subchapter and the amendments made by this subchapter, the Secretary of Agriculture shall consult on a continuing basis with—
(1) the Subcommittee on Food, Agricultural, and Forestry Research of the Federal Coordinating Council for Science, Engineering, and Technology;
(2) the Joint Council on Food and Agricultural Sciences; and
(3) the National Agricultural Research and Extension Users Advisory Board;
for the purpose of coordinating research and extension activities.
(Pub. L. 96–294, title II, § 257, June 30, 1980, 94 Stat. 708; Pub. L. 97–98, title XIV, § 1406(c), Dec. 22, 1981, 95 Stat. 1299.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle C (§§ 251–262) of title II of Pub. L. 96–294, June 30, 1980, 94 Stat. 705, which enacted this subchapter and sections 1435 and 3129 of Title 7, Agriculture, and amended sections 341, 342, 3104, and 3154 of Title 7 and sections 590h and 1642 of Title 16, Conservation. For complete classification of subtitle C to the Code, see Tables.
7 U.S.C. 3154, referred to in subsec. (a), was repealed by Pub. L. 110–246, title VII, § 7110(a), June 18, 2008, 122 Stat. 1980.
7 U.S.C. 3129, referred to in subsec. (a), was repealed by Pub. L. 101–624, title XVI, § 1601(f)(1)(C), Nov. 28, 1990, 104 Stat. 3704.
heading: Amendments
text: 1981—Subsec. (b)(1). Pub. L. 97–98 substituted “Subcommittee on Food, Agricultural, and Forestry Research” for “Subcommittee on Food and Renewable Resources”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture.
42 U.S.C. § 8901 (THE PUBLIC HEALTH AND WELFARE)
§ 8901. Introductory provisions
(a) Congressional statement of findings and purpose
The Congress finds and declares that acid precipitation resulting from other than natural sources—
(1) could contribute to the increasing pollution of natural and man-made water systems;
(2) could adversely affect agricultural and forest crops;
(3) could adversely affect fish and wildlife and natural ecosystems generally;
(4) could contribute to corrosion of metals, wood, paint, and masonry used in construction and ornamentation of buildings and public monuments;
(5) could adversely affect public health and welfare; and
(6) could affect areas distant from sources and thus involve issues of national and international policy.
(b) Congressional declaration of purpose
The Congress declares that it is the purpose of this subchapter—
(1) to identify the causes and sources of acid precipitation;
(2) to evaluate the environmental, social, and economic effects of acid precipitation; and
(3) based on the results of the research program established by this subchapter and to the extent consistent with existing law, to take action to the extent necessary and practicable (A) to limit or eliminate the identified emissions which are sources of acid precipitation, and (B) to remedy or otherwise ameliorate the harmful effects which may result from acid precipitation.
(c) “Acid precipitation” defined
For purposes of this subchapter the term “acid precipitation” means the wet or dry deposition from the atmosphere of acid chemical compounds.
(Pub. L. 96–294, title VII, § 702, June 30, 1980, 94 Stat. 770.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Section 701 of title VII Pub. L. 96–294 provided that: “This title [enacting this chapter] may be cited as the ‘Acid Precipitation Act of 1980’.”
42 U.S.C. § 8906 (THE PUBLIC HEALTH AND WELFARE)
§ 8906. Updated data base on acid content in precipitation; new monitoring site not required
(a)
(1) The National Weather Service of the National Oceanic and Atmospheric Administration shall maintain an updated data base describing the acid content in precipitation in the United States, using information from Federal acid precipitation monitoring sites.
(2) Such data shall be available to interested parties by Weather Service Forecast Offices in the National Weather Service, or through such other facilities or means as the Assistant Administrator for Weather Services, National Oceanic and Atmospheric Administration, shall direct, for those areas of the United States where and at such time as such information is presently available, within 120 days after November 17, 1988.
(3) Where other Federal agencies collect such data in the course of carrying out their statutory missions, the heads of those agencies and the Administrator of the National Oceanic and Atmospheric Administration shall arrange for the transfer of such data to the National Weather Service.
(b) Nothing in this section shall be construed to require any Federal agency to establish any new acid precipitation monitoring site.
(Pub. L. 100–685, title IV, § 414, Nov. 17, 1988, 102 Stat. 4101.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989, and not as part of the Acid Precipitation Act of 1980 which comprises this chapter.
42 U.S.C. § 9001 (THE PUBLIC HEALTH AND WELFARE)
§ 9001. Congressional findings and declaration of purpose
(a) The Congress finds that—
(1) the supply of nonrenewable fuels in the United States is slowly being depleted;
(2) alternative sources of energy must be developed;
(3) ocean thermal energy is a renewable energy resource that can make a significant contribution to the energy needs of the United States;
(4) the technology base for ocean thermal energy conversion has improved over the past two years, and has consequently lowered the technical risk involved in constructing moderate-sized pilot plants with an electrical generating capacity of about ten to forty megawatts;
(5) while the Federal ocean thermal energy conversion program has grown in size and scope over the past several years, it is in the national interest to accelerate efforts to commercialize ocean thermal energy conversion by building pilot and demonstration facilities and to begin planning for the commercial demonstration of ocean thermal energy conversion technology;
(6) a strong and innovative domestic industry committed to the commercialization of ocean thermal energy conversion must be established, and many competent domestic industrial groups are already involved in ocean thermal energy conversion research and development activity; and
(7) consistent with the findings of the Domestic Policy Review on Solar Energy, ocean thermal energy conversion energy can potentially contribute at least one-tenth of quad of energy per year by the year 2000.
(b) Therefore, the purpose of this chapter is to accelerate ocean thermal energy conversion technology development to provide a technical base for meeting the following goals:
(1) demonstration by 1986 of at least one hundred megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems;
(2) demonstration by 1989 of at least five hundred megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems;
(3) achievement in the mid-1990’s, for the gulf coast region of the continental United States and for islands in the United States, its possessions and its territories, an average cost of electricity or energy product equivalent produced by installed ocean thermal energy conversion systems that is competitive with conventional energy sources; and
(4) establish as a national goal ten thousand megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems by the year 1999.
(Pub. L. 96–310, § 2, July 17, 1980, 94 Stat. 941.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 96–310, § 1, July 17, 1980, 94 Stat. 941, provided: “That this Act [enacting this chapter] may be cited as the ‘Ocean Thermal Energy Conversion Research, Development, and Demonstration Act’.”
42 U.S.C. § 9113 (THE PUBLIC HEALTH AND WELFARE)
§ 9113. Protection of submarine electric transmission cables and equipment
(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.
(Pub. L. 96–320, title I, § 103, Aug. 3, 1980, 94 Stat. 982.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a), (b), and (e), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
42 U.S.C. § 9114 (THE PUBLIC HEALTH AND WELFARE)
§ 9114. Antitrust review
(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.
(Pub. L. 96–320, title I, § 104, Aug. 3, 1980, 94 Stat. 983.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
42 U.S.C. § 9120 (THE PUBLIC HEALTH AND WELFARE)
§ 9120. Monitoring of licensees’ activities
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.
(Pub. L. 96–320, title I, § 110, Aug. 3, 1980, 94 Stat. 988; Pub. L. 98–623, title VI, § 602(a)(8), Nov. 8, 1984, 98 Stat. 3411.)
heading: Editorial Notes
heading: Amendments
text: 1984—Par. (1). Pub. L. 98–623 substituted “in or aboard” for “aboard”.
42 U.S.C. § 9121 (THE PUBLIC HEALTH AND WELFARE)
§ 9121. Suspension, revocation, and termination of licenses
(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.
(Pub. L. 96–320, title I, § 111, Aug. 3, 1980, 94 Stat. 988; Pub. L. 98–623, title VI, § 602(e)(17), Nov. 8, 1984, 98 Stat. 3412.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–623 substituted “environment” for “environment established by any treaty or convention,”.
42 U.S.C. § 9122 (THE PUBLIC HEALTH AND WELFARE)
§ 9122. Recordkeeping and public access to information
(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.
(Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), Nov. 8, 1984, 98 Stat. 3412.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–623, § 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, § 602(e)(18), substituted “Administrator” for “administrator”.
42 U.S.C. § 9123 (THE PUBLIC HEALTH AND WELFARE)
§ 9123. Relinquishment or surrender of license
(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.
(Pub. L. 96–320, title I, § 113, Aug. 3, 1980, 94 Stat. 989.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.