Ocean Thermal Energy Conversion Act of 1980
PL 96-320 (S.2492), enacted 08/03/1980

94 STAT. 974 
PUBLIC LAW 96-320—AUG. 3, 1980 
Public Law 96-320 
96th Congress 
An Act 
—A"g- ^' 
— 
To regulate commerce, promote energy self-sufficiency, and protect the environ-
[S. 2492] 
ment, by establishing procedures for the location, construction, and operation of 
ocean thermal energy conversion facilities and plantships to produce electricity 
and energy-intensive products off the coasts of the United States; to amend the 
Merchant Marine Act, 1936, to make available certain financial assistance for 
construction £md operation of such facilities and plantships; and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Ocean Thermal 
United States of America in Congress assembled, That this Act may be 
cJnvSsionAct 
^^^^ ^ 
^^^ "Ocean Thermal Energy Conversion Act of 1980". 
of 1980. 
SEC. 2. DECLARATION OF POLICY. 
42 u s e 9101 
note. 
(a) It is declared to be the purposes of the Congress in this Act to— 
42 use 9101. 
(1) authorize and regulate the construction, location, owner-
ship, and operation of ocean thermal energy conversion facilities 
connected to the United States by pipeline or cable, or located in 
the territorial sea of the United States consistent with the 
Convention on the High Seas, and general principles of interna-
tional law; 
(2) authorize and regulate the construction, location, owner-
ship, and operation of ocean thermal energy conversion plant-
ships 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, owner-
ship, and operation of ocean thermal energy conversion plant-
ships by United States citizens, consistent with the Convention 
on the High Se£is 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 com-
mercial energy technology; 
(5) provide for the protection of the marine and coastal envi-
ronment, 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.) to assist in financing of ocean 
thermal e n e r ^ 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. 
GJ) The Congress declares that nothing in this Act shall be con-
strued to affect the legal status of the high seas, the superjacent 
airspace, or the seabed and subsoil, including the Continental Shelf. 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 975 
SEC. 3. DEFINITIONS. 
42 USC 9102. 
As used in this Act, 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 105(a)(1) of this Act 
or is designated as such by the Administrator in accordance with 
section 105(a)(2) of this Act; 
(2) "Administrator" means the Administrator of the National 
Oceanic and Atmospheric Administration; 
(3) "antitrust laws" includes the Act of July 2, 1890, as 
amended, the Act of October 15,1914, as amended, and sections 
73 and 74 of the Act of August 27,1894, as amended; 
15 use i, 12,8,9. 
(4) "application" means any application submitted under this 
Act (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 provi-
sions 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, emplace-
ment of mooring devices, emplacement of cables and pipelines, 
and deployment of the cold water pipe, and alterations, modifica-
tions, 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 Act; 
(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, trans-
ferred, or renewed pursuant to this Act; 
(11) "ocean thermal energy conversion facility" means any 
facility which is standing or moored in or beyond the territorial 
sea of the United States and which is designed to use tempera-
ture 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, freshwater, 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 
79-194 O—81—pt. 1 
65 : QL3 
94 STAT. 976 
PUBLIC LAW 96-320—AUG. 3, 1980 
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, terri-
tory, 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 conver-
sion 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. 
TITLE I—REGULATION OF OCEAN THERMAL ENERGY 
CONVERSION FACILITIES AND PLANTSHIPS 
42 use 9111. 
SEC. 101. LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPER-
ATION OF AN OCEAN THERMAL ENERGY CONVERSION 
FACILITY OR PLANTSHIP. 
(a) No person may engage in the ownership, construction, or 
operation of an ocean thermal ener^ conversion facility which is 
documented under the laws of the United States, which is located in 
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 Act. No citizen of the United States 
may engage in the ownership, construction or operation of an ocean 
thermm^ enei^ conversion plantship except in accordance with a 
license issued pursuant to this Act, or in accordance with a license 
issued by a foreign nation whose licenses are found by the Adminis-
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 977 
trator, after consultation with the Secretary of State, to be compati-
ble with licenses issued pursuant to this Act. 
(b) The Administrator shall, upon application and in accordance 
with the provisions of this Act, issue, transfer, amend, or renew 
licenses for the ownership, construction, and operation o
f
— 
(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 the territorial sea 
of the United States, or connected to the United States by 
pipeline or cable. 
(c) The Administrator may issue a license to a citizen of the United License issuance, 
States in accordance with the provisions of this Act unless— 
prerequisites. 
(1) he determines that the applicant cannot and 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 enforcement 
authority; 
(5) he has received the opinion of the Attorney General, 
pursuant to section 104 of this Act, stating that issuance of the 
license would create a situation in violation of the antitrust laws, 
or the 90-day period provided in section 104 has expired; 
(6) he has consulted with the Secretary of Energy, the Secre-
tary 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 license is inadequate; 
(7) the proposed ocean thermal energy conversion facility or 
plantship will not be documented under the laws of the United 
States; 
(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 
94 STAT. 978 
PUBLIC LAW 96-320—AUG. 3, 1980 
16 u s e 1451 et 
seq. 
Issuance 
conditions. 
Written 
agreement of 
compliance. 
Disposal or 
removal 
requirements. 
Waiver. 
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 each adjacent coastal State with an 
approved coastal zone management program in good standing 
pursuant to the Coastal Zone Management Act of 1972 (33 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 recog-
nized by the United States, of any other nation unless the 
Secretary of State approves such impingement after consultation 
with such nation; and 
(14) when 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 Act 
for simultaneous operation, either overall or within specific 
geographic areas, pursuant to a determination under the provi-
sions of section 107(b)(4) of this Act, issuance of the license will 
cause such upper limit to be exceeded. 
(d)(1) In issuing a license for the ownership, construction, and 
operation of an ocean thermal energy conversion facility or plant-
ship, the Administrator shall prescribe conditions which he deems 
necessary to carry out the provisions of this Act, or which are 
otherwise required by any Federal department or agency pursuant to 
the terms of this Act. 
(2) No license shall be issued, transferred, or renewed under this 
Act unless the 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 Adminis-
trator mav prescribe in accordance with the provisions of this Act. 
(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 applica-
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 979 
tion. 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 environ-
ment, navigation, fishing, or other uses of the seabed. 
(e) Upon application, a license issued under this Act may be 
transferred if the Administrator determines that such transfer is in 
the public interest and that the transferee meets the requirements of 
this Act and the prerequisites to issuance under subsection (c) of this 
section. 
(f) Any United States citizen who otherwise qualifies under the 
terms of this Act shall be eligible to be issued a license for the 
ownership, construction, and operation of an ocean thermal energy 
conversion facility or plantship. 
(g) Licenses issued under this Act 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 deter-
mines to be reasonable and appropriate. 
SEC. 102. PROCEDURE. 
(a) 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 Act, in accordance 
with the provisions of section 553 of title 5, United States Code, 
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 Act, to amend or rescind any such regulation. The Administrator 
shall complete issuance of final regulations to implement this Act 
within 1 year of the date of its enactment. 
(b) 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 Act, 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) Not later than 60 days after the date of enactment of this Act, 
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 
License transfer. 
License term and 
renewal. 
42 u s e . 9112. 
Regulations. 
Consultation. 
Expertise or 
statutory 
responsibility 
descriptions. 
94 STAT. 980 
PUBLIC LAW 96-320—AUG. 3, 1980 
Application 
receipt and 
notice. 
Publication in 
Federal 
Register. 
Area 
description, 
publication in 
Federal 
Register. 
Additional 
license 
applications. 
Application 
copies. 
expertise or statutory responsibilities pursuant to this Act or any 
other Federal law. 
(d)(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 
101. 
(e)(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 pro-
posed 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 owner-
ship, construction, and operation of an ocean thermal energy conver-
sion 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, construc-
tion, 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) 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 documen-
tation, 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 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 981 
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 responsi-
bility 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) 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, 
United States Code. 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) Each person applying for a license pursuant to this Act shall 
remit to the Administrator at the time the application is filed a 
nonrefundable application fee, which shall be deposited into miscella-
neous receipts of the Treasury. The amount of the fee shall be 
established by regulation by the Administrator, and shall reflect the 
reasonable administrative costs incurred in reviewing and processing 
the application. 
(i)(l) 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 Act not later than 
90 days after public hearings on proposed licenses for that area are 
concluded pursuant to subsection (g) of this section. The Administra-
tor shall approve or denjr an application for a license for ownership, 
construction, and operation of an ocean thermal energy conversion 
plantship submitted pursuant to this Act 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 Act for the same 
designated application area, the Administrator, unless one or a 
specific combmation of the proposed facilities clearly best serves the 
Application 
review. 
Notice, 
comments, and 
hearings. 
Record. 
Consolidation of 
hearings. 
Application fee. 
Application 
approval or 
denial. 
Applications for 
same area. 
94 STAT. 982 
PUBLIC LAW 96-320—AUG. 3, 1980 
Facility 
selection, 
determination 
factors. 
42 u s e 9113. 
Penalties and 
fines. 
Suit for 
damages. 
Indemnity. 
Repair cost. 
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 ulti-
mate cost of energy or products to the consumer. 
SEC. 103. PROTECTION OF SUBMARINE ELECTRIC TRANSMISSION CABLES 
AND EQUIPMENT. 
(a) 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 Act 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) Any person who by culpable negligence shall break or injure 
any submarine electric transmission cable or equipment being con-
structed or operated under a license issued pursuant to this Act 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) The provisions of subsections (a) and (b) of this section shall not 
apply to any person who, after having taken all necessary precau-
tions to avoid such breaking or injury, breaks or injures any subma-
rine 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) 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) 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 Act, 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) 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. 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 983 
SEC. 104. ANTITRUST REVIEW. 
(a) 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 appro-
priate, and submit to the Administrator any advice or recommenda-
tions 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. 
O
t
)
) The issuance of a license under this Act 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. 
SEC. 105. ADJACENT COASTAL STATES. 
(a)(1) The Administrator, in issuing notice of application pursuant 
to section 102(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 that (A) 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 102(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)(1) Not later than 5 days after the designation of 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 
42 use 9114. 
Application 
copy, 
transmittal to 
Attorney 
General. 
42 use 9115. 
Application 
copy, 
transmittal to 
State Governor. 
94 STAT. 984 
PUBLIC LAW 96-320—AUG. 3, 1980 
Agreement or 
compact between 
States. 
42 u s e 9116. 
Regulations. 
License 
termination. 
42 u s e 9117. 
Environmental 
assessment 
program. 
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 is concluded pursuant to section 102(g) of 
this title, such approval shall be conclusively presumed. If the 
Governor of such a State notifies the Administrator that an applica-
tion 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) 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. 
SEC. 106. DILIGENCE REQUIREMENTS. 
(a) 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) 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 111 of this title to 
terminate the license. 
SEC. 107. PROTECTION OF THE ENVIRONMENT. 
(a) 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) 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, atmos-
pheric, weather, climatic, or biological changes in the environ-
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 985 
ment which may occur as a result of deployment and operation of 
large numbers of ocean thermal energy conversion facilities and 
plantships; 
(8) 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 plant-
ships requires that an upper limit be placed on the number or 
total capacity of such facilities or plantships to be licensed under 
this Act for simultaneous operation, either overall or within 
specific geographic areas. 
(c) Within 180 days after enactment of this Act, the Administrator 
shall prepare a plan to carry out the program described in subsec-
tions (a) and (b) of this section, including necessary funding levels for 
the next 5 fiscal years, and submit the plan to the Congress. 
(d) The program established by subsections (a) and Ot)) 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 OJ) of this section 
with an acceptable level of confidence, 
(e) 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 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)). 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 
102(2)(C) 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 Act to prepare an environ-
mental 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 102(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 102(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 102(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) An ocean thermal energy conversion facility or plantship 
licensed under this title shedl be deemed not to be a "vessel or other 
floating craft" for the purposes of section 502(12XB) of the Federal 
Water Pollution Control Act of 1972 (33 U.S.C. 1362(12)(B)). 
Plan submittal 
to Congress. 
Environmental 
impact 
statement. 
Ante, p. 979. 
Hearings. 
Vessel or 
floating craft. 
94 STAT. 986 
PUBLIC LAW 96-320—AUG. 3, 1980 
42 u s e 9118. 
Regulations. 
Safety zone. 
Rules and 
regulations. 
Regulations, 
enforcement and 
compliance. 
SEC. 108. MARINE ENVIRONMENTAL PROTECTION AND SAFETY OF LIFE 
AND PROPERTY AT SEA. 
(a) 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 Act, including, but not limited to, rules governing vessel move-
ment, procedures for transfer of materials between such a facility or 
plantship and transport vessels, designation and marking of anchor-
age areas, maintenance, law enforcement, and the equipment, train-
ing, 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 construc-
tion and operation of such ocean thermal energy conversion facility 
or plantship. 
(b) 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 Act. 
(c) 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)(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 Act and 
may designate such a zone around and including any ocean thermal 
energy conversion plantship licensed under this Act for the purposes 
of reorganizational 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 102(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 Act, and to 
issue rules and regulations relating thereto. 
(e)(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 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 987 
Facility or 
plantship 
requirements. 
Regulations. 
Guard is operating may require compliance with those vessel docu-
mentation, inspection, and manning laws which he determines to be 
appropriate. 
(2) Within 1 year after the date of enactment of this Act, 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 or standing struc-
ture, that application of this requirement would not be 
consistent with the national interest. 
(8) For the purposes of the documentation laws, for which compli-
ance 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 the Ship Mortgage Act, 1920 (46 U.S.C. 911-984). 
(f) Subject to recognized principles of international law, the Secre-
tary 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 installa-
tion, repair, or maintenance of any submarine electric transmission 
cable or equipment, and to govern the markings and signals used by 
such a vessel. 
SEC. 109. PREVENTION OF INTERFERENCE WITH OTHER USES OP THE 
HIGH SEAS. 
(a) 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) The Administrator shall promulgate regulations specifying Regulations. 
under what conditions and in what circumstances the thermal plume 
of an ocean thermal energy conversion facility or plantship licensed 
under this Act 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 natural 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. 
42 u s e 9119. 
94 STAT. 988 
PUBLIC LAW 96-320—AUG. 3, 1980 
(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 Act 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 provi-
sions of this Act, 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. 
Regulations, 
(c) The Secretary of the department in which the Coast Guard is 
enforcement. 
operating shall promulgate, after consultation with the Administra-
tor, and shall enforce, regulations governing the movement and 
navigation of ocean thermal energy conversion plantships licensed 
under this Act 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 such of 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 impingment after 
consultation with such nation. 
42 use 9120. 
SEC. 110. MONITORING OF LICENSEES' ACTIVITIES. 
Each license shall require the licensee— 
(1) to allow the Administrator to place appropriate Federal 
officers or employees aboard the ocean thermal energy conver-
sion 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 regula-
tion 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 oper-
ation of the ocean thermal energy conversion facility or plant-
ship 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. 
42 use 9121. 
SEC. 111. SUSPENSION, REVOCATION, OR TERMINATION OF LICENSE. 
(a) Whenever a licensee fails to comply with any applicable provi-
sion of this Act or any applicable rule, regulation, restriction, or 
condition issued or imposed by the Administrator under the author-
ity of this Act, the Attorney General, at the request of the Adminis-
trator, shall file an action in the appropriate United States district 
court to— 
(1) suspend the license; or 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 989 
(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) 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 established by any treaty or convention, 
the Administrator may order the licensee to cease or alter such 
construction or operation pending the completion of a judicial pro-
ceeding pursuant to subsection (a) of 
this section. 
SEC. 112. RECORDKEEPING AND PUBLIC ACCESS TO INFORMATION. 
(a) Each licensee shall establish and maintain such records, make 
such reports, and provide such information as the Administrator, 
gifter consultation with other interested Federal departments and 
agencies, shall by regulation prescribe to carry out the provisions of 
this Act. Each licensee shall submit such reports and shall make 
available such records and information as the Administrator may 
request. 
(b) Anjr information reported to or collected by the Administrator 
under this Act which is exempt from disclosure pursuant to section 
552(b)(4) of title 5, United States Code (relating to trade secrets and 
confidential commercial and financial information), shall not— 
(1) be publicly disclosed by the Administrator or by any other 
officer or employee of the United States, unless the Administra-
tor 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 govern-
ment 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 infor-
mation. 
42 use 9122. 
Reports. 
Confidential 
information. 
42 use 9123. 
SEC. 113. RELINQUISHMENT OR SURRENDER OF LICENSE. 
(a) Any licensee may at any time, without penalty, surrender to the 
Administrator a license issued to him, or relinquish to the Adminis-
trator, in whole or in part, any right to conduct construction or 
operation of an ocean thermal energy conversion facility or plant-
ship, including part or all of any right of way which may have been 
granted in contjunction with such license: Provided, That such surren- Liability. 
er or relinquishment shall not relieve the licensee of any obligation 
or liability established by this or any other Act, or of any obligation or 
liability for actions taken by him prior to such surrender or relin-
94 STAT. 990 
PUBLIC LAW 96-320—AUG. 3, 1980 
Suits. 
quishment, or during disposal or removal of any components required 
to be disposed of or removed pursuant to this Act. 
Right of way. 
(b) If part or all of a right of way which is relinquished, or for which 
the license is surrendered, to the Administrator pursuant to subsec-
tion (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. 
42 use 9124. 
SEC. 114. CIVIL ACTIONS. 
(a) Except as provided in subsection (h) 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 when-
ever such action constitutes a case or controversy— 
(1) against any person who is alleged to be in violation of any 
provision of this Act or any regulation or condition of a license 
issued pursuant to this Act; or 
(2) against the Administrator where there is alleged a failure of 
the Administrator to perform any act or duty under this Act 
which is not discretionary. 
In suits brought under this Act, 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 Act or any regulation or term or condition of a license issued 
pursuant to this Act, or to order the Administrator to perform such 
act or duty, as the case may be. 
(b) 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 viola-
tor; 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 thic section prior to 60 days after 
the plaintiff has given notice of such action to the Administrator. 
Notice. 
Notice under this subsection shall be given in such a manner as the 
Administrator shall prescribe by regulation. 
(c) In any action under this section, the Administrator or the 
Attorney General, if not a party, may intervene as a matter of right. 
Litigation costs. 
(d) The court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of litiga-
tion (including reasonable attorney and expert witness fees) to 
any party whenever the court determines that such an award is 
appropriate. 
(e) 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. 
42 use 9125. 
SEC. 115. JUDICIAL REVIEW. 
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 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 991 
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 Act 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. 
SEC. 116. TEST PLATFORMS AND COMMERCIAL DEMONSTRATION OCEAN 42 USC 9126. 
THERMAL ENERGY CONVERSION FACILITY OR PLANTSHIP. 
(a) The provisions of this title shall not apply to any test platform 
which will not operate as an ocean thermal energy conversion facility 
or platform after conclusion of the testing period. 
(b) The provisions of this title 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, partici-
pated 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 title as he deems to be practicable without 
damaging the nature of or unduly delaying such projects. 
SEC. 117. PERIODIC REVIEW AND REVISION OF REGULATIONS. 
42 USC 9127. 
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 provi-
sions of this title to determine the status and impact of such 
regulations on the continued development, evolution, and commer-
cialization of ocean thermal ener^ conversion technology. The 
results of each such review shall be included in the next annual 
report required by section 405. 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 title 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 consider- Hearing, 
ation shall include at least one informal hearing pursuant to the 
procedures in section 553 of title 5, United States Code. 
TITLE II—MARITIME FINANCING FOR OCEAN THERMAL 
ENERGY CONVERSION 
SEC. 201. DETERMINATIONS UNDER THE MERCHANT MARINE ACT, 1936. 
42 USC 9141. 
(a)(1) For the purposes of section 607 of the Merchant Marine Act, 
1936 (46 U.S.C. 1177), any ocean thermal energy conversion facility or 
plantship licensed pursuant to this Act, and any vessel providing 
shipping service to or from such an ocean thermal energy conversion 
Review results. 
Post, p. 999. 
Proposals by 
Secretary of 
Energy. 
79-194 
O—81—pt. 1 
66 : QL3 
94 STAT. 992 
PUBLIC LAW 96-320—AUG. 3, 1980 
Definition. 
Guarantees. 
46 use 1279c. 
46 use 1273. 
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 ofthe Merchant Marine Act, 1936(46U.S.C. 1177 
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 Act 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)). 
SEC. 202. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 
1936. 
(a) Section 1101 ofthe Merchant Marine Act, 1936 (46 U.S.C. 1271), 
is amended— 
(1) in subsection (b) by striking "and" immediately before 
"dredges" and inserting in lieu thereof a comma, and by insert-
ing immediately after dredges" the following: "and ocean ther-
mal energy conversion facilities or plsmtships , 
(2) in subsection (g) by striking "and" after the semicolon, 
(3) in subsection (h) by striking "equipping" and inserting in 
lieu thereof "equipping and", and 
(4) by adding at the end thereof a new subsection (i) to read as 
follows: 
"(i) The term 'ocean thermal energy conversion facility or plant-
ship' means any at-sea facility or vessel, whether mobile, floating 
unmoored, moored, or standing on the seabed, which uses tempera-
ture 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 or vessel 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, freshwater, or product to shore, and all other associated 
equipment and appurtenances of such facility or vessel, to the extent 
they are located seaward ofthe highwater mark.". 
(b) Section 1104(a)(1) ofthe Merchant Marine Act, 1936 (46 U.S.C. 
1274(a)(1)), is amended by striking "or (E)" and inserting in lieu 
thereof "(E) as an ocean thermal energy conversion facility or 
plantship; or (F)". 
(c) Section 1104(b)(2) ofthe Merchant Marine Act, 1936 (46 U.S.C. 
127403)(2)), is amended by striking "vessel;" and inserting in lieu 
thereof "vessel: Provided further, That in the case of an ocean 
thermal energy conversion facility or plantship which is constructed 
without the aid of construction-differential subsidy, such obligations 
may be in an aggregate principal amount which does not exceed SlVz 
percent ofthe actual cost or depreciated actual cost of the facility or 
plantship;". 
SEC. 203. OTEC DEMONSTRATION FUND. 
(a) Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
1271-1279b) is further amended by adding at the end thereof a new 
section 1110 to read as follows: 
"SEC. 1110. (a) Pursuant to the authority granted under section 
1103(a) of this title, the Secretary of Commerce, upon such terms as 
he shall prescribe, may guarantee or make a commitment to guaran-
tee, payment of the principal of and interest on an obligation which 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 993 
aids in financing, including reimbursement of an obligor for expendi-
tures previously made for, construction, reconstruction, or recondi-
tioning of a commercial demonstration ocean thermal energy 
conversion facility or plantship owned by citizens of the United 
States. Guarantees or commitments to guarantee under this subsec-
tion shall be subject to all the provisos, requirements, regulations, 
and procedures which apply to guarantees or commitments to guar-
antee made pursuant to section 1104(a)(1) of this title, except that— 
"(1) no guarantees or commitments to guarantee may be made 
by the Secretary of Commerce under this subsection before 
October 1,1981; 
"(2) the provisions of subsection (d) of section 1104 of this title 
shall apply to guarantees or commitments to guarantee for that 
portion of a commercial demonstration ocean thermal energy 
conversion facility or plantship not to be supported with appro-
priated Federal funds; 
"(3) guarantees or commitments to guarantee made pursuant 
to this section may be in an aggregate principal amount which 
does not exceed 87 V
a percent of the actual cost or depreciated 
actual cost of the commercial demonstration ocean thermal 
energy conversion facility or plantship: Provided, That, if the 
commercial demonstration ocean thermal energy conversion 
facility or plantship is supported with appropriated Federal 
funds, such guarantees or commitments to guarantee may not 
exceed 87 V
a percent of the aggregate principal amount of that 
portion of the actual cost or depreciated actual cost for which the 
obligor has an obligation to secure financing in accordance with 
the terms of the agreement between the obligor and the Depart-
ment of Energy or other Federal agency; and 
"(4) the provisions of this section may be used to guarantee 
obligations for a total of not more than 5 separate commercial 
demonstration ocean thermal energy conversion facilities and 
plantships or a demonstrated 400 megawatt capacity, whichever 
comes first. 
"(b) A guarantee or commitment to guarantee shall not be made 
under this section unless the Secretary of Energy, in consultation 
with the Secretary of Commerce, certifies to the Secretary of Com-
merce that, for the ocean thermal energy conversion facility or 
plantship for which the guarantee or commitment to guarantee is 
sought, there is sufficient guarantee of performance and payment to 
lower the risk to the Federal Government to a level which is 
reasonable. The Secretary of Energy must base his considerations on 
the following: (1) the successful demonstration of the technology to be 
used in such facility at a scale sufficient to establish the likelihood of 
technical and economic viability in the proposed market; and (2) the 
need of the United States to develop new and renewable sources of 
energy and the benefits to be realized from the construction and 
successful operation of such facility or plantship. 
"(c) A special subaccount in the Federal Ship Financing Fund, to be 
known as the OTEC Demonstration Fund, shall be established on 
October 1, 1981. The OTEC Demonstration Fund shall be used for 
obligation guarantees authorized under this section which do not 
qualify under other sections of this title. Except as specified other-
wise in this section, the operation of the OTEC Demonstration Fund 
shall be identical with that of the parent Federal Ship Financing 
Fund: except that, notwithstanding the provisions of section 1104(g), 
(1) all moneys received by the Secretary pursuant to sections 1101 
through 1107 of this title with respect to guarantees or commitments 
46 u s e 1274. 
Exceptions. 
OTEC 
Demonstration 
Fund. 
46 u s e 1274. 
46 use 
1271-1279. 
94 STAT. 994 
PUBLIC LAW 96-320—AUG. 3, 1980 
Notes or 
obligations. 
46 u s e 1275. 
46 u s e 
1271-1279. 
Transfer of 
assets. 
Notes or 
obligations. 
46 u s e 1275. 
Interest. 
26 u s e 1 et seq. 
Ante, p. 992. 
Effective date. 
46 u s e 1273 
note. 
to guarantee made pursuant to this section shall be deposited only in 
the OTEC Demonstration Fund, and (2) whenever there shall be 
outstanding any notes or other obligations issued by the Secretary of 
Commerce pursuant to section 1105(d) of this title with respect to the 
OTEC Demonstration Fund, all moneys received by the Secretary of 
Commerce pursuant to sections 1101 through 1107 of this title with 
respect to ocean thermal energy conversional facilities or plantships 
shall be deposited in the OTEC Demonstration Fund, Assets in the 
OTEC Demonstration Fund may at any time be transferred to the 
parent fund whenever and to the extent that the balance thereof 
exceeds the total guarantees or commitments to guarantee made 
pursuant to this section then outstanding, plus any notes or other 
obligations issued by the Secretary of Commerce pursuant to section 
1105(d) of this title with respect to the OTEC Demonstration Fund. 
The Federal Ship Financing Fund shall not be liable for any guaran-
tees or commitments to guarantee issued pursuant to this section. 
The aggregate unpaid principal amount of the obligations guaranteed 
with the backing of the OTEC Demonstration Fund and outstanding 
at any one time shall not exceed $2,000,000,000. 
"(d) The provisions of section 1105(d) of this title shall apply 
specifically to the OTEC Demonstration Fund as well as to the Fund: 
Provided, however, That any notes or obligations issued by the 
Secretary of Commerce pursuant to section 1105(d) of this title with 
respect to the OTEC Demonstration Fund shall be payable solely 
from proceeds realized by the OTEC Demonstration Fund. 
"(e) The interest on any obligation guaranteed under this section 
shall be included in gross income for purposes of chapter 1 of the 
Internal Revenue Code of 1954.". 
(b)(1) Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.C. 
1273(f)) is amended by striking out "$10,000,000,000." and inserting in 
lieu thereof "$12,000,000,000, of which $2,000,000,000 shall be limited 
to obligations pertaining to commercial demonstration ocean ther-
mal energy conversion facilities or plantships guaranteed pursuant 
to section 1110 of this title.". 
(2) The amendment made by paragraph (1) of this subsection shall 
take effect October 1,1981. 
TITLE III—ENFORCEMENT 
42 u s e 9151. 
SEC. 301. PROHIBITED ACTS. 
It is unlawful for any person who is a United States citizen or 
national, or a foreign national on board an ocean thermal energy 
conversion facility or plantship or other vessel documented or num-
bered 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 Act, or any rule, regulation, 
or order issued pursuant to this Act, or any term or condition of 
any license issued to such person pursuant to this Act; 
(2) to refuse to permit any Federal officer or employee author-
ized to monitor or enforce the provisions of sections 110 and 303 
of this Act to 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 Act or any rule, regulation, order, term, or condition 
referred to in paragraph (1) of this section; 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 995 
Orders, issuance 
and 
enforcement. 
(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. 
SEC. 302. REMEDIES AND PENALTIES. 
42 USC 9152. 
(a)(1) The Administrator or his delegate shall have the authority to 
issue and enforce orders during proceedings brought under this Act. 
Such authority shall include the authority to issue subpenas, admin-
ister 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 301 of this title 
is in violation of any provision of this Act or any rule, regulation, 
order, license, or term or condition thereof, or other requirements 
under this Act, 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 deter-
mines is reasonable, taking into account the seriousness of the 
violation and any good faith efforts to comply with applicable 
requirements. 
(b)(1) Upon a request by the Administrator, the Attorney General 
shall commence a civil action for appropriate relief, including a 
permanent or temporary injunction, 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 301 of this title, of any provision of this Act, any regulation 
issued pursuant to this Act, or any license condition. 
(c)(1) Any person who is found by the Administrator, after notice Liability 
and an opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, to have committed an act prohibited by 
section 301 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 Review. 
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 
94 STAT. 996 
PUBLIC LAW 96-320—AUG. 3, 1980 
Filing of 
certified copy. 
Assessment, 
failure to pay. 
Review. 
42 u s e 9153. 
Responsibility of 
NOAA 
Administrator. 
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, United 
States Code. 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, United 
States Code. 
(3) If any person subject to section 301 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 Adminis-
trator, 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)(1) Any person subject to section 301 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 103 of this Act, 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 301 
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 3()1 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 imprison-
ment for not more than 10 years, or both. 
(e) Any ocean thermal energy conversion facility or plantship 
licensed pursuant to this Act 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 Act 
or of any rule, regulation, order, license, or term or condition thereof, 
or other requirements of this Act, 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. 
SEC. 303. ENFORCEMENT. 
(a) Except where a specific section of this Act designates enforce-
ment responsibility, the provisions of this Act shall be enforced by the 
Administrator. The Secretary of the department in which the Coast 
Guard is operating shall have exclusive responsibility for enforce-
ment 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 Act 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 Act. The Administrator and the Secretary of the 
department in which the Coast Guard is operating may, by agree-
ment, on a reimbursable basis or otherwise, utilize the personnel. 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 997 
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) To enforce the provisions of this Act on board any ocean thermal 
energy conversion facility or plantship or other vessel subject to the 
provisions of this Act, any officer who is authorized by the Adminis-
trator or the Secretary of the department in which the Coast Guard is 
operating may— 
(1) board and inspect any vessel which is subject to the 
provisions of this Act; 
(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 Act; 
(3) arrest any person subject to section 301 of this title if the 
officer has reasonable cause to believe that the person has 
committed a criminal act prohibited by sections 301 and 302(d) of 
this title; 
(4) seize the vessel together with its gear, furniture, appurte-
nances, stores, and cargo, used or employed in, or with respect to 
which it reasonably appears that such vessel was used or em-
ployed in, the violation of any provision of this Act if such seizure 
is necessary to prevent evasion of the enforcement of this Act; 
(5) seize any evidence related to any violation of any provision 
of this Act; 
(6) execute any warrant or other process issued by any court of 
competent jurisdiction; and 
(7) exercise any other lawful authority. 
(c) Except as otherwise specified in section 115 of this Act, the 
district courts of the United States shall have exclusive original 
jurisdiction over any case or controversy arising under the provisions 
of this Act. Except as otherwise specified in this Act, 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) For the purposes of this section, the term "vessel" includes an 
Definitions. 
ocean thermal energy conversion facility or plantship, and the term 
"provisions of this Act" or "provision of this Act" includes any rule, 
regulation, or order issued pursuant to this Act and any term or 
condition of any license issued pursuant to this Act. 
94 STAT. 998 
PUBLIC LAW 96-320—AUG. 3, 1980 
TITLE IV—MISCELLANEOUS PROVISIONS 
42 use 9161. 
SEC. 401. EFFECT OF LAW OF THE SEA TREATY. 
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 promul-
gated under this Act 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. 
42 use 9162. 
SEC. 402. INTERNATIONAL NEGOTIATIONS. 
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 Act 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 gradi-
ents 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. 
42 use 9163. 
SEC. 403. RELATIONSHIP TO OTHER LAWS. 
(a)(1) The Constitution, laws, and treaties of the United States shall 
apply to an ocean thermal energy conversion facility or plantship 
licensed under this Act 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 Act shall be construed to relieve, exempt, or immu-
nize any person from any other requirement imposed by Federal law, 
regulation, or treaty. 
(2) Ocean thermal energy conversion facilities and plantships 
licensed under this Act do not possess the status of islands and have 
no territorial seas of their own. 
(b)(1) Except as may otherwise be provided by this Act, nothing in 
this Act 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 Act 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 Act 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 
Enforcement. 
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. 
PUBLIC LAW 96-320—AUG. 3, 1980 
94 STAT. 999 
(c)(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 Act 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 shall not apply to any ocean thermal 
energy conversion facility or plantship licensed under the provisions 
of this Act, 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 merchan-
dise imported into the customs territory of the United States. 
SEC. 404. SUBMARINE ELECTRIC TRANSMISSION CABLE AND EQUIPMENT 
SAFETY. 
(a) 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) 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 the date of enactment of 
this Act 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. 
SEC. 405. ANNUAL REPORT. 
Within 6 months after the end of each of the first 3 
fiscal 
years after 
the date of enactment of this Act, the Administrator shall submit to 
the President of the Senate and the Speaker of the House of 
Representatives a report on the administration of this Act during 
such fiscal year. Such report shall include, with respect to the fiscal 
year covered by the report— 
(1) a description of progress in implementing this Act; 
(2) a list of all licenses issued, suspended, revoked, relin-
quished, surrendered, terminated, renewed, or transferred; 
denials of issuance of licenses; and required suspensions and 
modifications of 
activities under licenses; 
(3) a description of ocean thermal energy conversion activities 
undertaken pursuant to licenses; 
(4) the number and description of all civil and criminal pro-
ceedings instituted under title III of this Act, and the current 
status of 
such proceedings; and 
(5) such recommendations as the Administrator deems appro-
priate for amending this Act. 
42 use 9164. 
Safety standards 
and regulations. 
Report to 
Congress. 
42 use 9165. 
Submittal to 
President of 
Senate and 
Speaker of 
House. 
94 STAT. 1000 
PUBLIC LAW 96-320—AUG. 3, 1980 
42 u s e 9166. 
SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary of 
Commerce, for the use of the Administrator in carrying out the 
provisions of this Act, 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, and not to exceed $3,500,000 for the fiscal 
year ending September 30,1983. 
42 u s e 9167. 
SEC. 407. SEVERABILITY. 
If any provision of this Act or any application thereof is held 
invalid, the validity of the remainder of the Act, or any other 
application, shall not be affected thereby. 
Approved August 3, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-994 accompanying H.R. 6154 (eomm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 96-721 (eomm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
July 2, considered and passed Senate. 
July 21, H.R. 6154 considered and passed House; passage vacated and S. 2492 
passed in lieu. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 32: 
Aug. 4, Presidential statement.