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42 U.S.C. § 9118 — Diligence requirements

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9118 — Diligence requirements

**(a) Rules and regulations** The Administrator shall promulgate regulations requiring each licensee to pursue diligently the construction and operation of the ocean thermal energy conversion facility or plantship to which the license applies. **(b) Termination of license** If the Administrator determines that a licensee is not pursuing diligently the construction and operation of the ocean thermal energy conversion facility or plantship to which the license applies, or that the project has apparently been abandoned, the Administrator shall cause proceedings to be instituted under [section 9121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9121&num=0&edition=prelim) to terminate the license.

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Stable record: federal_law:legal_authorities:record_usc_c5cf2c31df1d60bbaa7b9ae3
Source file: Laws/federal/codes/united-states-code/title-42/section-9118-diligence-requirements--294ec4fb80.md
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Source location: Title 42, Chapter 99, § 9118; chapter-099-ocean-thermal-energy-conversion.md

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**(a) Rules and regulations** The Administrator shall promulgate regulations requiring each licensee to pursue diligently the construction and operation of the ocean thermal energy conversion facility or plantship to which the license applies. **(b) Termination of license** If the Administrator determines that a licensee is not pursuing diligently the construction and operation of the ocean thermal energy conversion facility or plantship to which the license applies, or that the project has apparently been abandoned, the Administrator shall cause proceedings to be instituted under [section 9121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9121&num=0&edition=prelim) to terminate the license.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9121 — 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 conducted with reasonable regard for navigation, fishing, energy production, scientific research, or other uses of the high seas, either by citizens of the United States or by other nations in their exercise of the freedoms of the high seas as recognized under the Convention of the High Seas and the general principles of international law. **(b) Rules and regulations** The Administrator shall promulgate regulations specifying under what conditions and in what circumstances the thermal plume of an ocean thermal energy conversion facility or plantship licensed under this chapter will be deemed— (1) to impinge on so as to degrade the thermal gradient used by another ocean thermal energy conversion facility or plantship, or (2) to impinge on so as to adversely affect the territorial sea or area of national resource jurisdiction, as recognized by the United States, of any other nation. Such regulations shall also provide for the Administrator to mediate or arbitrate any disputes among licensees regarding the extent to which the thermal plume of one licensee’s facility or plantship impinges on the operation of another licensee’s facility or plantship. **(c) Coast Guard operations** The Secretary of the department in which the Coast Guard is operating shall promulgate, after consultation with the Administrator, and shall enforce, regulations governing the movement and navigation of ocean thermal energy conversion plantships licensed under this chapter to ensure that the thermal plume of such an ocean thermal energy conversion plantship does not unreasonably imping

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9118 — Marine environmental protection and

Page 7682 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9118 ological changes in the environment which may occur as a result of deployment and oper- ation of large numbers of ocean thermal en- ergy conversion facilities and plantships; (3) the nature and magnitude of any oceano- graphic, biological or other changes in the en- vironment 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 acci- dentally severed transmission cables; and (4) whether the magnitude of one or more of the cumulative environmental effects of de- ployment 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, ei- ther overall or within specific geographic areas. (c) Plan submittal to Congress Within 180 days after August 3, 1980, the Ad- ministrator 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 Ad- ministrator determines that the program has re- sulted in sufficient knowledge to make the de- terminations enumerated in subsection (b) of this section with an acceptable level of con- fidence. (e) Environmental impact statement The issuance of any license for ownership, con- struction, a

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9118

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