42 U.S.C. § 9102 — Definitions

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 The Act, with the exception of title V, most of title VI, and sec- tions 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in subtitle V of Title 46, by Pub.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 Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub.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 Page 7675 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9111 use temperature differences in ocean water to produce electricity or another form of energy capable of being used directly to perform work, and includes any equipment installed on such facility to use such electricity or other form of energy to produce, process, refine, or manufacture a product, and any cable or pipe- line used to deliver such electricity, fresh water, or product to shore, and all other asso- ciated equipment and appurtenances of such facility, to the extent they are located sea- ward of the highwater mark; (12) ‘‘ocean thermal energy conversion plantship’’ means any vessel which is designed to use temperature differences in ocean water while floating unmoored or moving through such water, to produce electricity or another form of energy capable of being used directly to perform work, and includes any equipment installed on such vessel to use such electricity or other form of energy to produce, process, refine, or manufacture a product, and any equipment used to transfer such product to other vessels for transportation to users, and all other associated equipment and appur- tenances of such vessel; (13) ‘‘plantship’’ means an ocean thermal en- ergy conversion plantship; (14) ‘‘person’’ means any individual (whether or not a citizen of the United States), any cor- poration, partnership, association, or other en- tity organized or existing under the laws of any nation, and any Federal, State, local or foreign government or any entity of any such government; (15) ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Com- monwealth of the Northern Marianas, and any other Commonwealth, territory, or possession over which the United States has jurisdiction; (16) ‘‘test platform’’ means any floating or moored platform, barge, ship, or other vessel which is designed for limited-scale, at sea op- eration in order to test or evaluate the oper- ation of components or all of an ocean thermal energy conversion system and which will not operate as an ocean thermal energy conver- sion facility or plantship after the conclusion of such tests or evaluation; (17) ‘‘thermal plume’’ means the area of the ocean in which a significant difference in tem- perature, as defined in regulations by the Ad- ministrator, occurs as a result of the oper- ation of an ocean thermal energy conversion facility or plantship; and (18) ‘‘United States citizen’’ means (A) any individual who is a citizen of the United States by law, birth, or naturalization; (B) any Federal, State, or local government in the United States, or any entity of any such gov- ernment; or (C) any corporation, partnership, association, or other entity, organized or ex- isting under the laws of the United States, or of any State, which has as its president or other executive officer and as its chairman of the board of directors, or holder of similar of- fice, an individual who is a United States cit- izen and which has no more of its directors who are not United States citizens than con- stitute a minority of the number required for a quorum necessary to conduct the business of the board. (Pub. L. 96–320, § 3, Aug. 3, 1980, 94 Stat. 975; Pub. L. 98–623, title VI, § 602(a)(2), (e)(7), Nov. 8, 1984, 98 Stat. 3410, 3412.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and pars. (4), (8), and (10), 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 chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. Act of July 2, 1890, as amended, referred to in par. (3), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. Act of October 15, 1914, as amended, referred to in par. (3), is act Oct. 15, 1914, ch. 323, 78 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see Ref- erences in Text note set out under section 12 of Title 15 and Tables. Sections 73 and 74 of the Act of August 27, 1894, as amended, referred to in par. (3), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570. Sections 73 to 77 of such Act are known as the Wilson Tariff Act. Sec- tions 73 to 76 enacted sections 8 to 11 of Title 15. Sec- tion 77 is not classified to the Code. For complete clas- sification of this Act to the Code, see Short Title note under section 8 of Title 15 and Tables. AMENDMENTS 1984—Par. (11). Pub. L. 98–623, § 602(a)(2), substituted ‘‘standing, fixed or moored in whole or in part seaward of the highwater mark’’ for ‘‘standing or moored in or beyond the territorial sea of the United States’’. Pub. L. 98–623, § 602(e)(7), substituted ‘‘fresh water’’ for ‘‘freshwater’’. 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. SUBCHAPTER I—REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILI- TIES AND PLANTSHIPS § 9111. License for ownership, construction, and operation of ocean thermal energy conver- sion facilities or plantships (a) License requirement No person may engage in the ownership, con- struction, or operation of an ocean thermal en- ergy conversion facility which is documented under the laws of the United States, which is lo- cated in whole or in part between the highwater mark and the seaward boundary of the terri- torial sea of the United States, or which is con- nected to the United States by pipeline or cable, except in accordance with a license issued pur- suant to this chapter. No citizen of the United