42 USC Ch. 99: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 99-OCEAN THERMAL ENERGY CONVERSION
CHAPTER 99-OCEAN THERMAL ENERGY CONVERSION
Sec.
9101.
Congressional declaration of policy.
9102.
Definitions.
SUBCHAPTER I-REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES AND PLANTSHIPS
9111.
License for ownership, construction, and operation of ocean thermal energy conversion facilities or plantships.
(a)
License requirement.
(b)
Documented plantships; documented facilities; facilities located in territorial sea; facilities connected to United States by pipeline or cable.
(c)
License issuance prerequisites.
(d)
Issuance conditions; written agreement of compliance; disposal or removal requirements.
(e)
License transfer.
(f)
License eligibility.
(g)
License term and renewal.
9112.
Procedure.
(a)
Rules and regulations.
(b)
Site evaluation and preconstruction testing.
(c)
Expertise or statutory responsibility descriptions.
(d)
Application.
(e)
Area description; additional license applications.
(f)
Copies of application to other agencies.
(g)
Notice, comments, and hearing.
(h)
Administrative fee.
(i)
Approval or denial of application; applications for same area; factors determinative of facility selection.
9113.
Protection of submarine electric transmission cables and equipment.
(a)
Prohibited acts; misdemeanor; penalty and fine.
(b)
Culpable negligence; misdemeanor; penalty and fine.
(c)
Exceptions.
(d)
Suits for damages.
(e)
Indemnity.
(f)
Repair costs.
9114.
Antitrust review.
(a)
Review of applications by Attorney General.
(b)
Issuance of license as constituting no defense for antitrust violations.
9115.
Adjacent coastal States.
(a)
Designation of adjacent coastal State.
(b)
State coastal zone management program.
(c)
Agreements and compacts between States.
9116.
Diligence requirements.
(a)
Rules and regulations.
(b)
Termination of license.
9117.
Protection of the environment.
(a)
Environmental assessment program.
(b)
Program purposes.
(c)
Plan submittal to Congress.
(d)
Reduction of program to minimum necessary level.
(e)
Environmental impact statement.
(f)
Discharge of pollutants.
9118.
Marine environmental protection and safety of life and property at sea.
(a)
Coast Guard operations.
(b)
Promotion of safety of life and property.
(c)
Marking components for protection of navigation.
(d)
Safety zones.
(e)
Rules and regulations; vessels; "ocean thermal energy conversion facility" defined.
(f)
Protection of navigation.
9119.
Prevention of interference with other uses of high seas.
(a)
License conditions.
(b)
Rules and regulations.
(c)
Coast Guard operations.
9120.
Monitoring of licensees' activities.
9121.
Suspension, revocation, and termination of licenses.
(a)
Filing of action by Attorney General; automatic suspension.
(b)
Immediate suspension of construction or operation pending completion of proceedings.
9122.
Recordkeeping and public access to information.
(a)
Records and reports.
(b)
Confidential information.
9123.
Relinquishment or surrender of license.
(a)
Relinquishment or surrender authority; continuation of liability.
(b)
Transfer of right of way.
9124.
Civil actions.
(a)
Jurisdiction.
(b)
Notice.
(c)
Right of Administrator or Attorney General to intervene.
(d)
Award of costs.
(e)
Other remedies not restricted.
9125.
Judicial review.
9126.
Exempt operations.
(a)
Test platforms.
(b)
Commercial demonstration ocean thermal energy conversion facilities or plantships.
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.
(a)
Issuance and enforcement of orders.
(b)
Civil actions by Attorney General; equitable relief.
(c)
Civil penalties.
(d)
Criminal penalties.
(e)
In rem liability of vessels.
9153.
Enforcement.
(a)
Enforcement responsibility of Administrator of National Oceanic and Atmospheric Administration; Coast Guard.
(b)
Enforcement activities of authorized officers.
(c)
Jurisdiction; venue.
(d)
Definitions.
SUBCHAPTER IV-MISCELLANEOUS PROVISIONS
9161.
Law of the sea treaty.
9162.
International negotiations.
9163.
Relationship to other laws.
(a)
Facilities and plantships as comparable to areas of exclusive Federal jurisdiction located within a State.
(b)
Responsibilities and authorities of States or United States within territorial seas; applicability of State law to facilities located beyond territorial seas.
(c)
Customs laws.
9164.
Submarine electric transmission cable and equipment safety.
(a)
Standards and regulations.
(b)
Report to Congress on appropriation and staffing needs.
9165.
Annual report.
9166.
Authorization of appropriations.
9167.
Severability.
9168.
Report to Congress on promotion and enhancement of export potential of ocean thermal energy conversion components, facilities, and plantships.