42 U.S.C. § 9101 — Congressional declaration of policy

Page 7673 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9101 riod beginning on the date of their establishment, un- less, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a panel estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 9008. Definitions As used in this chapter, the term— (1) ‘‘ocean thermal energy conversion’’ means a method of converting part of the heat from the Sun which is stored in the surface layers of a body of water into electrical energy or energy product equivalent; (2) ‘‘energy product equivalent’’ means an energy carrier including, but not limited to, ammonia, hydrogen, or molten salts or an en- ergy-intensive commodity, including, but not limited to, electrometals, fresh water, or nu- trients for aquaculture; and (3) ‘‘Secretary’’ means the Secretary of En- ergy. (Pub. L. 96–310, § 9, July 17, 1980, 94 Stat. 946.) § 9009. Authorization of appropriations (a) There is hereby authorized to be appro- priated to carry out the purposes of this chapter the sum of $20,000,000 for operating expenses for the fiscal year ending September 30, 1981, in ad- dition to any amounts authorized to be appro- priated in the fiscal year 1981 Authorization Act pursuant to section 7270 of this title. (b) There is hereby authorized to be appro- priated to carry out the purposes of this chapter the sum of $60,000,000 for operating expenses for the fiscal year ending September 30, 1982. (c) Funds are hereby authorized to be appro- priated for fiscal year 1981 to carry out the pur- poses of section 9004 of this title for plant and capital equipment as follows: Project 81–ES–1, ocean thermal energy conver- sion demonstration plants with a combined ca- pacity of at least one hundred megawatts elec- trical or the energy product equivalent, sites to be determined, conceptual and preliminary de- sign activities only $5,000,000. (d) Funds are hereby authorized to be appro- priated for fiscal year 1982 to carry out the pur- poses of section 9004 of this title for plant and capital equipment as follows: Project 81–ES–1, ocean thermal energy conver- sion demonstration plants with a combined ca- pacity of at least one hundred megawatts elec- trical or the energy product equivalent, sites to be determined, conceptual and preliminary de- sign activities only $25,000,000. (Pub. L. 96–310, § 10, July 17, 1980, 94 Stat. 946.) CHAPTER 99—OCEAN THERMAL ENERGY CONVERSION Sec. 9101. Congressional declaration of policy. 9102. Definitions. SUBCHAPTER I—REGULATION OF OCEAN THER- MAL ENERGY CONVERSION FACILITIES AND PLANTSHIPS 9111. License for ownership, construction, and op- eration of ocean thermal energy conversion facilities or plantships. Sec. 9112. Procedure. 9113. Protection of submarine electric trans- mission cables and equipment. 9114. Antitrust review. 9115. Adjacent coastal States. 9116. Diligence requirements. 9117. Protection of the environment. 9118. Marine environmental protection and safety of life and property at sea. 9119. Prevention of interference with other uses of high seas. 9120. Monitoring of licensees’ activities. 9121. Suspension, revocation, and termination of li- censes. 9122. Recordkeeping and public access to informa- tion. 9123. Relinquishment or surrender of license. 9124. Civil actions. 9125. Judicial review. 9126. Exempt operations. 9127. Periodic review and revision of regulations. SUBCHAPTER II—MARITIME FINANCING FOR OCEAN THERMAL ENERGY CONVERSION 9141. Determinations under Merchant Marine Act, 1936. SUBCHAPTER III—ENFORCEMENT 9151. Prohibited acts. 9152. Remedies and penalties. 9153. Enforcement. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 9161. Law of the Sea Treaty. 9162. International negotiations. 9163. Relationship to other laws. 9164. Submarine electric transmission cable and equipment safety. 9165. Omitted. 9166. Authorization of appropriations. 9167. Severability. 9168. Report to Congress on promotion and en- hancement of export potential of ocean thermal energy conversion components, fa- cilities, and plantships. § 9101. Congressional declaration of policy (a) It is declared to be the purposes of the Con- gress in this chapter to— (1) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion facilities con- nected 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 con- sistent 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 docu- mented 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 prin- ciples of international law; (4) establish a legal regime which will per- mit and encourage the development of ocean thermal energy conversion as a commercial energy technology; Page 7674 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9102 1 See References in Text note below. (5) provide for the protection of the marine and coastal environment, and consideration of the interests of ocean users, to prevent or min- imize 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.) 1 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 Fed- eral 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 Conti- nental Shelf. (Pub. L. 96–320, § 2, Aug. 3, 1980, 94 Stat. 974; Pub. L. 98–623, title VI, § 602(a)(1), Nov. 8, 1984, 98 Stat. 3410.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Merchant Marine Act, 1936, referred to in subsec. (a)(6), is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§ 1101 et seq.) of the former Appendix to Title 46, Shipping. The Act, with the exception of title V, most of title VI, and sec- tions 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in subtitle V of Title 46, by Pub. L. 109–304, §§ 8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of Title 46. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, § 313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of Title 46 by Pub. L. 114–120, title III, § 313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Appendix to Title 46, see Disposition Table pre- ceding section 101 of Title 46. AMENDMENTS 1984—Subsec. (a)(1). Pub. L. 98–623 substituted ‘‘lo- cated in whole or in part between the highwater mark and the seaward boundary of the territorial sea’’ for ‘‘located in the territorial sea’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–320, § 1, Aug. 3, 1980, 94 Stat. 974, provided: ‘‘That this Act [enacting this chapter and section 1279c of Title 46, Appendix, Shipping, amending sections 1271, 1273, and 1274 of Title 46, Appendix, and enacting provi- sions set out as a note under section 1273 of Title 46, Appendix] may be cited as the ‘Ocean Thermal Energy Conversion Act of 1980’.’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 9102. Definitions As used in this chapter, unless the context otherwise requires, the term— (1) ‘‘adjacent coastal State’’ means any coastal State which is required to be des- ignated as such by section 9115(a)(1) of this title or is designated as such by the Adminis- trator in accordance with section 9115(a)(2) of this title; (2) ‘‘Administrator’’ means the Adminis- trator of the National Oceanic and Atmos- pheric Administration; (3) ‘‘antitrust laws’’ includes the Act of July 2, 1890, as amended [15 U.S.C. 1 et seq.], the Act of October 15, 1914, as amended [15 U.S.C. 12 et seq.], and sections 73 and 74 of the Act of Au- gust 27, 1894, as amended [15 U.S.C. 8 and 9]; (4) ‘‘application’’ means any application sub- mitted under this chapter (A) for issuance of a license for the ownership, construction, and operation of an ocean thermal energy conver- sion facility or plantship; (B) for transfer or renewal of any such license; or (C) for any sub- stantial change in any of the conditions and provisions of any such license; (5) ‘‘coastal State’’ means a State in, or bor- dering 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 con- ducted 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, emplacement of mooring devices, emplacement of cables and pipelines, and deployment of the cold water pipe, and alterations, modifications, or addi- tions to an ocean thermal energy conversion facility or plantship; (7) ‘‘facility’’ means an ocean thermal en- ergy conversion facility; (8) ‘‘Governor’’ means the Governor of a State or the person designated by law to exer- cise the powers granted to the Governor pursu- ant to this chapter; (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 li- cense for the ownership, construction, and op- eration of an ocean thermal energy conversion facility or plantship that was issued, trans- ferred, or renewed pursuant to this chapter; (11) ‘‘ocean thermal energy conversion facil- ity’’ means any facility which is standing, fixed or moored in whole or in part seaward of the highwater mark and which is designed to