42 U.S.C. § 9116 — Diligence requirements

Page 7681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9117 (2) The Administrator shall, upon request of a State, designate such State as an ‘‘adjacent coastal State’’ if he determines (A) that 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 facil- ity in the Federal Register in accordance with section 9112(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) State coastal zone management program (1) Not later than 5 days after the designation of an adjacent coastal State pursuant to this section, the Administrator shall transmit a complete copy of the application to the Gov- ernor 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 pro- gram in good standing pursuant to the 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 hear- ings on the application are concluded pursuant to section 9112(g) of this title, such approval shall be conclusively presumed. If the Governor of such a State notifies the Administrator that an application which the Governor would other- wise approve pursuant to this paragraph is in- consistent in some respect with the State’s coastal zone management program, the Admin- istrator 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 pro- gram 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) Agreements and compacts between States 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 li- cense for the ownership, construction, and oper- ation of an ocean thermal energy conversion fa- cility or plantship or for the transfer of such a license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appro- priate 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 there- to without further approval by the Congress. (Pub. L. 96–320, title I, § 105, Aug. 3, 1980, 94 Stat. 983; Pub. L. 98–623, title VI, § 602(e)(12)–(14), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), referred to in subsec. (b)(1), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. AMENDMENTS 1984—Subsec. (a)(2). Pub. L. 98–623, § 602(e)(12), sub- stituted ‘‘(A) that’’ for ‘‘that (A)’’. Subsec. (b)(1). Pub. L. 98–623, § 602(e)(13), (14), sub- stituted ‘‘of an adjacent coastal State’’ for ‘‘of adjacent coastal State’’ and ‘‘application are concluded’’ for ‘‘application is concluded’’. § 9116. Diligence requirements (a) Rules and regulations The Administrator shall promulgate regula- tions requiring each licensee to pursue dili- gently 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 li- censee is not pursuing diligently the construc- tion and operation of the ocean thermal energy conversion facility or plantship to which the li- cense applies, or that the project has apparently been abandoned, the Administrator shall cause proceedings to be instituted under section 9121 of this title to terminate the license. (Pub. L. 96–320, title I, § 106, Aug. 3, 1980, 94 Stat. 984.) § 9117. Protection of the environment (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 moni- toring of the effects of ocean thermal energy conversion facilities and plantships in actual op- eration. 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 con- version facilities and plantships; (2) the nature and magnitude of any oceano- graphic, atmospheric, weather, climatic, or bi-