42 U.S.C. § 9162 — International negotiations

Page 7691 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9163 § 9162. International negotiations The Secretary of State, in cooperation with the Administrator and the Secretary of the de- partment in which the Coast Guard is operating, shall seek effective international action and co- operation in support of the policy and purposes of this chapter and may initiate and conduct ne- gotiations for the purpose of entering into inter- national agreements designed to guarantee non- interference of ocean thermal energy conversion facilities and plantships with the thermal gra- dients used by other such facilities and plantships, to assure protection of such facili- ties and plantships and of navigational safety in the vicinity thereof, and to resolve such other matters relating to ocean thermal energy con- version facilities and plantships as need to be re- solved in international agreements. (Pub. L. 96–320, title IV, § 402, Aug. 3, 1980, 94 Stat. 998.) 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 under section 9101 of this title and Tables. 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. § 9163. Relationship to other laws (a) Facilities and plantships as comparable to areas of exclusive Federal jurisdiction lo- cated within a State (1) The Constitution, laws, and treaties of the United States shall apply to an ocean thermal energy conversion facility or plantship licensed under this chapter and all of which is located seaward of the highwater mark, and to activi- ties connected, associated, or potentially inter- fering with the use or operation of any such fa- cility or plantship, in the same manner as if such facility or plantship were an area of exclu- sive Federal jurisdiction located within a State. Nothing in this chapter shall be construed to re- lieve, exempt, or immunize any person from any other requirement imposed by Federal law, reg- ulation, or treaty. (2) Ocean thermal energy conversion facilities and plantships licensed under this chapter do not possess the status of islands and have no ter- ritorial seas of their own. (b) Responsibilities and authorities of States or United States within territorial seas; applica- bility of State law to facilities located beyond territorial seas (1) Except as may otherwise be provided by this chapter, nothing in this chapter shall in any way alter the responsibilities and authori- ties of a State or the United States within the territorial seas of the United States. (2) The law of the nearest adjacent coastal State to which an ocean thermal energy conver- sion facility located beyond the territorial sea and licensed under this chapter is connected by electric transmission cable or pipeline, now in effect or hereafter adopted, amended, or re- pealed, is declared to be the law of the United States, and shall apply to such facility, to the extent applicable and not inconsistent with any provision or regulation under this chapter or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed: Pro- vided, however, That the application of State taxation laws is not extended hereby outside the seaward boundary of any State. All such appli- cable laws shall be administered and enforced by the appropriate officers and courts of the United States outside the seaward boundary of any State. (c) Customs laws (1) For the purposes of the customs laws ad- ministered by the Secretary of the Treasury, ocean thermal energy conversion facilities and plantships documented under the laws of the United States and licensed under this chapter shall be deemed to be vessels. (2) Except insofar as they apply to vessels doc- umented under the laws of the United States, the customs laws administered by the Secretary of the Treasury, including the provisions of the Tariff Act of 1930, as amended (19 U.S.C. 1202), and other laws codified in title 19, shall not apply to any ocean thermal energy conversion facility or plantship documented under the laws of the United States and licensed under the pro- visions of this chapter, but all foreign articles to be used in the construction of any such facility or plantship, including any component thereof, shall first be made subject to all applicable du- ties and taxes which would be imposed upon or by reason of their importation if they were im- ported for consumption in the United States. Duties and taxes shall be paid thereon in accord- ance with laws applicable to merchandise im- ported into the customs territory of the United States. (Pub. L. 96–320, title IV, § 403, Aug. 3, 1980, 94 Stat. 998; Pub. L. 98–623, title VI, § 602(a)(11), (12), (e)(6), Nov. 8, 1984, 98 Stat. 3411, 3412.) 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 under section 9101 of this title and Tables. The Tariff Act of 1930, as amended, referred to in sub- sec. (c)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. AMENDMENTS 1984—Subsec. (a)(1). Pub. L. 98–623, § 602(a)(11), in- serted ‘‘and all of which is located seaward of the highwater mark,’’.