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42 U.S.C. § 9119 — Protection of the environment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental assessment program** The Administrator shall initiate a program to assess the effects on the environment of ocean thermal energy conversion facilities and plantships. The program shall include baseline studies of locations where ocean thermal energy conversion facilities or plantships are likely to be sited or operated; and research; and monitoring of the effects of ocean thermal energy conversion facilities and plantships in actual operation. The purpose of the program shall be to assess the environmental effects of individual ocean thermal energy facilities and plantships, and to assess the magnitude of any cumulative environmental effects of large numbers of ocean thermal energy facilities and plantships.
**(b) Program purposes** The program shall be designed to determine, among other things—
(1) any short-term and long-term effects on the environment which may occur as a result of the operation of ocean thermal energy conversion facilities and plantships;
(2) the nature and magnitude of any oceanographic, atmospheric, weather, climatic, or biological changes in the environment which may occur as a result of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships;
(3) the nature and magnitude of any oceanographic, biological or other changes in the environment which may occur as a result of the operation of electric transmission cables and equipment located in the water column or on or in the seabed, including the hazards of accidentally severed transmission cables; and
(4) whether the magnitude of one or more of the cumulative environmental effects of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships requires that an upper limit be placed on t
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Source file: Laws/federal/codes/united-states-code/title-42/section-9119-protection-of-the-environment--859e732bdc.md
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Source location: Title 42, Chapter 99, § 9119; chapter-099-ocean-thermal-energy-conversion.md
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**(a) Environmental assessment program** The Administrator shall initiate a program to assess the effects on the environment of ocean thermal energy conversion facilities and plantships. The program shall include baseline studies of locations where ocean thermal energy conversion facilities or plantships are likely to be sited or operated; and research; and monitoring of the effects of ocean thermal energy conversion facilities and plantships in actual operation. The purpose of the program shall be to assess the environmental effects of individual ocean thermal energy facilities and plantships, and to assess the magnitude of any cumulative environmental effects of large numbers of ocean thermal energy facilities and plantships.
**(b) Program purposes** The program shall be designed to determine, among other things—
(1) any short-term and long-term effects on the environment which may occur as a result of the operation of ocean thermal energy conversion facilities and plantships;
(2) the nature and magnitude of any oceanographic, atmospheric, weather, climatic, or biological changes in the environment which may occur as a result of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships;
(3) the nature and magnitude of any oceanographic, biological or other changes in the environment which may occur as a result of the operation of electric transmission cables and equipment located in the water column or on or in the seabed, including the hazards of accidentally severed transmission cables; and
(4) whether the magnitude of one or more of the cumulative environmental effects of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships requires that an upper limit be placed on the number or total capacity of such facilities or plantships to be licensed under this chapter for simultaneous operation, either overall or within specific geographic areas.
**(c) Plan submittal to Congress** Within 180 days after August 3, 1980, the Administrator shall prepare a plan to carry out the program described in subsections (a) and (b) of this section, including necessary funding levels for the next 5 fiscal years, and submit the plan to the Congress.
**(d) Reduction of program to minimum necessary level** The program established by subsections (a) and (b) of this section shall be reduced to the minimum necessary to perform baseline studies and to analyze monitoring data, when the Administrator determines that the program has resulted in sufficient knowledge to make the determinations enumerated in subsection (b) of this section with an acceptable level of confidence.
**(e) Environmental impact statement** The issuance of any license for ownership, construction, and operation of an ocean thermal energy conversion facility or plantship shall be deemed to be a major Federal action significantly affecting the quality of the human environment for purposes of [section 4332(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim). For all timely applications covering proposed facilities in a single application area, and for each application relating to a proposed plantship, the Administrator shall, pursuant to such [section 4332(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim) and in cooperation with other involved Federal agencies and departments, prepare a single environmental impact statement, which shall fulfill the requirement of all Federal agencies in carrying out their responsibilities pursuant to this chapter to prepare an environmental impact statement. Each such draft environmental impact statement relating to proposed facilities shall be prepared and published within 180 days after notice of the initial application has been published pursuant to [section 9112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9112/d&num=0&edition=prelim). Each such draft environmental impact statement relating to a proposed plantship shall be prepared and published within 180 days after notice of the application has been published pursuant to [section 9112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9112/d&num=0&edition=prelim). Each final environmental impact statement shall be published not later than 90 days following the date on which public hearings are concluded pursuant to [section 9112(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9112/g&num=0&edition=prelim). The Administrator may extend the deadline for publication of a specific draft or final environmental impact statement to a later specified time for good cause shown in writing.
**(f) Discharge of pollutants** An ocean thermal energy conversion facility or plantship licensed under this subchapter shall be deemed not to be a “vessel or other floating craft” for the purposes of [section 1362(12)(B) of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1362/12/B&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coast Guard operations** The Secretary of the department in which the Coast Guard is operating shall, subject to recognized principles of international law, prescribe by regulation and enforce procedures with respect to any ocean thermal energy conversion facility or plantship licensed under this chapter, including, but not limited to, rules governing vessel movement, procedures for transfer of materials between such a facility or plantship and transport vessels, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (1) to promote the safety of life and property at sea, (2) to prevent pollution of the marine environment, (3) to clean up any pollutants which may be discharged, and (4) to otherwise prevent or minimize any adverse impact from the construction and operation of such ocean thermal energy conversion facility or plantship.
**(b) Promotion of safety of life and property** The Secretary of the department in which the Coast Guard is operating shall issue and enforce regulations, subject to recognized principles of international law, with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on any ocean thermal energy conversion facility or plantship licensed under this chapter.
**(c) Marking components for protection of navigation** Whenever a licensee fails to mark any component of such an ocean thermal energy conversion facility or plantship in accordance with applicable regulations, the Secretary of the department in which the Coast Guard is operating shall mark such components for the protection of navigation, and the licensee shall pay the cost of such marking.
**(d) Safety zones**
(1) Subject
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9120
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Federal law — U.S. Code and appendices · legal_authorities
Page 7684
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9119
‘‘vessel of the United States’’ as that term applies to
Title 46, see section 116 of Title 46.
AMENDMENTS
1984—Subsec. (d)(1). Pub. L. 98–623, § 602(e)(1), sub-
stituted ‘‘navigational safety’’ for ‘‘reorganizational
safety’’.
Subsec. (d)(3). Pub. L. 98–623, § 602(e)(15), added par. (3)
by inserting text of former subsec. (b)(3) of section 9119
of this title.
Subsec. (e)(2)(C)(ii). Pub. L. 98–623, § 602(a)(6), sub-
stituted ‘‘moored, fixed or standing’’ for ‘‘moored or
standing’’.
Subsec. (e)(4). Pub. L. 98–623, § 602(a)(7), added par. (4).
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 9119. Prevention of interference with other
uses of high seas
(a) License conditions
Each license shall include such conditions as
may be necessary and appropriate to ensure that
construction and operation of the ocean thermal
energy conversion facility or plantship are con-
ducted 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 rec-
ognized under the Convention of the High Seas
and the general principles of international law.
(b)
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