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42 U.S.C. § 9111 — Congressional declaration of policy
Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is declared to be the purposes of the Congress in this chapter to—
(1) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion facilities connected to the United States by pipeline or cable, or located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States consistent with the Convention on the High Seas, and general principles of international law;
(2) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships documented under the laws of the United States, consistent with the Convention on the High Seas and general principles of international law;
(3) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships by United States citizens, consistent with the Convention on the High Seas and general principles of international law;
(4) establish a legal regime which will permit and encourage the development of ocean thermal energy conversion as a commercial energy technology;
(5) provide for the protection of the marine and coastal environment, and consideration of the interests of ocean users, to prevent or minimize any adverse impact which might occur as a consequence of the development of such ocean thermal energy conversion facilities or plantships;
(6) make applicable certain provisions of the Merchant Marine Act, 1936 ([46 U.S.C. 1177](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section1177&num=0&edition=prelim) et seq.) 11 See References in Text note below. to assist in financing of ocean thermal energy conversion facilities and plantships;
(7) protect the interests of the United States
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Stable record: federal_law:legal_authorities:record_usc_334db2f7f1235435b5b1a35e
Source file: Laws/federal/codes/united-states-code/title-42/section-9111-congressional-declaration-of-policy--c5ecbf8053.md
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Source location: Title 42, Chapter 99, § 9111; chapter-099-ocean-thermal-energy-conversion.md
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**(a)** It is declared to be the purposes of the Congress in this chapter to—
(1) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion facilities connected to the United States by pipeline or cable, or located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States consistent with the Convention on the High Seas, and general principles of international law;
(2) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships documented under the laws of the United States, consistent with the Convention on the High Seas and general principles of international law;
(3) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships by United States citizens, consistent with the Convention on the High Seas and general principles of international law;
(4) establish a legal regime which will permit and encourage the development of ocean thermal energy conversion as a commercial energy technology;
(5) provide for the protection of the marine and coastal environment, and consideration of the interests of ocean users, to prevent or minimize any adverse impact which might occur as a consequence of the development of such ocean thermal energy conversion facilities or plantships;
(6) make applicable certain provisions of the Merchant Marine Act, 1936 ([46 U.S.C. 1177](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section1177&num=0&edition=prelim) et seq.) 11 See References in Text note below. to assist in financing of ocean thermal energy conversion facilities and plantships;
(7) protect the interests of the United States in the location, construction, and operation of ocean thermal energy conversion facilities and plantships; and
(8) protect the rights and responsibilities of adjacent coastal States in ensuring that Federal actions are consistent with approved State coastal zone management programs and other applicable State and local laws.
**(b)** The Congress declares that nothing in this chapter shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53101
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Federal law — U.S. Code and appendices · legal_authorities
Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 57522
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rules and regulations** The Administrator shall, after consultation with the Secretary of Energy and the heads of other Federal agencies, issue regulations to carry out the purposes and provisions of this chapter, in accordance with the provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), without regard to subsection (a) thereof. Such regulations shall pertain to, but need not be limited to, application for issuance, transfer, renewal, suspension, and termination of licenses. Such regulations shall provide for full consultation and cooperation with all other interested Federal agencies and departments and with any potentially affected coastal State, and for consideration of the views of any interested members of the general public. The Administrator is further authorized, consistent with the purposes and provisions of this chapter, to amend or rescind any such regulation. The Administrator shall complete issuance of final regulations to implement this chapter within 1 year of August 3, 1980.
**(b) Site evaluation and preconstruction testing** The Administrator, in consultation with the Secretary of the Interior and the Secretary of the department in which the Coast Guard is operating may, if he determines it to be necessary, prescribe regulations consistent with the purposes of this chapter, relating to those activities in site evaluation and preconstruction testing at potential ocean thermal energy conversion facility or plantship locations that may (1) adversely affect the environment; (2) interfere with other reasonable uses of the high seas or with authorized uses of the Outer Continental Shelf; or (3) pose a threat to human health and safety. If the Administrator prescrib
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9114
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Federal law — U.S. Code and appendices · legal_authorities
Page 7675
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9111
use temperature differences in ocean water to
produce electricity or another form of energy
capable of being used directly to perform
work, and includes any equipment installed on
such facility to use such electricity or other
form of energy to produce, process, refine, or
manufacture a product, and any cable or pipe-
line used to deliver such electricity, fresh
water, or product to shore, and all other asso-
ciated equipment and appurtenances of such
facility, to the extent they are located sea-
ward of the highwater mark;
(12)
‘‘ocean
thermal
energy
conversion
plantship’’ means any vessel which is designed
to use temperature differences in ocean water
while floating unmoored or moving through
such water, to produce electricity or another
form of energy capable of being used directly
to perform work, and includes any equipment
installed on such vessel to use such electricity
or other form of energy to produce, process,
refine, or manufacture a product, and any
equipment used to transfer such product to
other vessels for transportation to users, and
all other associated equipment and appur-
tenances of such vessel;
(13) ‘‘plantship’’ means an ocean thermal en-
ergy conversion plantship;
(14) ‘‘person’’ means any individual (whether
or not a citizen of the United States), any cor-
poration, partnership, association, or other en-
tity 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 Common-
wealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, the Com-
monwealth of the Northern Marianas, an
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9111
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