42 U.S.C. § 9115 — Adjacent coastal States

Page 7680 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9113 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. § 9113. Protection of submarine electric trans- mission cables and equipment (a) Prohibited acts; misdemeanor; penalty and fine Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or in- jury, or attempt to break or injure, any sub- marine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprisonment for a term not exceed- ing 2 years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. (b) Culpable negligence; misdemeanor; penalty and fine Any person who by culpable negligence shall break or injure any submarine electric trans- mission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprison- ment for a term not exceeding 3 months, or to a fine not exceeding $500, or to both fine and im- prisonment, at the discretion of the court. (c) Exceptions The provisions of subsections (a) and (b) of this section shall not apply to any person who, after having taken all necessary precautions to avoid such breaking or injury, breaks or injures any submarine electric transmission cable or equipment in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel. (d) Suits for damages The penalties provided in subsections (a) and (b) of this section for the breaking or injury of any submarine electric transmission cable or equipment shall not be a bar to a suit for dam- ages on account of such breaking or injury. (e) Indemnity Whenever any vessel sacrifices any anchor, fishing net, or other fishing gear to avoid injur- ing any submarine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter, the licensee shall indemnify the owner of such vessel for the items sacrificed: Provided, That the owner of the vessel had taken all reasonable precautionary measures beforehand. (f) Repair costs Any licensee who causes any break in or in- jury to any submarine cable or pipeline of any type shall bear the cost of the repairs. (Pub. L. 96–320, title I, § 103, Aug. 3, 1980, 94 Stat. 982.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (e), 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 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. § 9114. Antitrust review (a) Review of applications by Attorney General Whenever any application for issuance, trans- fer, or renewal of any license is received, the Ad- ministrator shall transmit promptly to the At- torney General a complete copy of such applica- tion. Within 90 days of the receipt of the appli- cation, the Attorney General shall conduct such antitrust review of the application as he deems appropriate, and submit to the Administrator any advice or recommendations he deems advis- able to avoid any action upon such application by the Administrator which would create a situ- ation inconsistent with the antitrust laws. If the Attorney General fails to file such views within the 90-day period, the Administrator shall pro- ceed as if such views had been received. The Ad- ministrator shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the application during such period. (b) Issuance of license as constituting no defense for antitrust violations The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any pri- vate right of action under such laws. Nothing in this section shall be construed to bar the Attor- ney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or oper- ation of an ocean thermal energy conversion fa- cility or plantship. (Pub. L. 96–320, title I, § 104, Aug. 3, 1980, 94 Stat. 983.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. § 9115. Adjacent coastal States (a) Designation of adjacent coastal State (1) The Administrator, in issuing notice of ap- plication pursuant to section 9112(d) of this title, shall designate as an ‘‘adjacent coastal State’’ any coastal State which (A) would be di- rectly connected by electric transmission cable or pipeline to an ocean thermal energy conver- sion facility as proposed in an application, or (B) in whose waters any part of such proposed ocean thermal energy conversion facility would be lo- cated, or (C) in whose waters an ocean thermal energy conversion plantship would be operated as proposed in an application. 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-