42 U.S.C. § 9119 — Prevention of interference with other

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) Rules and regulations The Administrator shall promulgate regula- tions 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 ther- mal 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 Ad- ministrator 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 conver- sion plantships licensed under this chapter to ensure that the thermal plume of such an ocean thermal energy conversion plantship does not unreasonably impinge on so as to degrade the thermal gradient used by the operation of any other ocean thermal energy conversion plantship or facility except in case of force majeure or with the consent of owner of the other such plantship or facility, and to ensure that the thermal plume of such an ocean ther- mal energy conversion plantship does not im- pinge 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 unless the Secretary of State has ap- proved such impingement after consultation with such nation. (Pub. L. 96–320, title I, § 109, Aug. 3, 1980, 94 Stat. 987; Pub. L. 98–623, title VI, § 602(e)(2), (15), (16), Nov. 8, 1984, 98 Stat. 3412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal En- ergy Conversion Act of 1980, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. AMENDMENTS 1984—Subsec. (b)(2). Pub. L. 98–623, § 602(e)(2), sub- stituted ‘‘national resource jurisdiction’’ for ‘‘natural resource jurisdiction’’. Subsec. (b)(3). Pub. L. 98–623, § 602(e)(15), struck out par. (3) which prohibited a licensee of an ocean thermal energy conversion facility or plantship under this chap- ter, except in the case of force majeure, from permit- ting foreign vessels to call at, or load or unload cargo at, or otherwise use such facility or plantship unless the foreign state involved had specifically agreed to recognize the jurisdiction of the United States over the vessel and its personnel while such vessel was located in the safety zone and the vessel owner or operator had designated an agent in the United States for receipt of service of process for legal claims or proceedings aris- ing from activities of the vessel or its personnel while located in such zone. See section 9118(d)(3) of this title. Subsec. (c). Pub. L. 98–623, § 602(e)(16), substituted ‘‘the thermal plume of such’’ for ‘‘the thermal plume such of’’ in second place appearing, and substituted ‘‘impingement’’ for ‘‘impingment’’. 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. § 9120. Monitoring of licensees’ activities Each license shall require the licensee— (1) to allow the Administrator to place ap- propriate Federal officers or employees in or aboard the ocean thermal energy conversion facility or plantship to which the license ap- plies, at such times and to such extent as the Administrator deems reasonable and nec- essary to assess compliance with any condi-