§9101 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows and sets rules for building, placing, owning, and operating ocean thermal energy conversion (OTEC) facilities and OTEC plantships that are linked to the United States by pipeline or cable, or located between the high‑water mark and the outer edge of the U.S. territorial sea. It also covers plantships that are officially registered under U.S. law or owned by U.S. citizens. The rules must follow the Convention on the High Seas and basic international law. The goals are to encourage commercial OTEC development, protect the marine and coastal environment and ocean users, apply some parts of the Merchant Marine Act of 1936 to help finance projects, and protect U.S. and nearby coastal states’ interests and rights. Nothing here changes the legal status of the high seas, the air above them, or the seabed and subsoil, including the Continental Shelf.

Title 42, §9101

The Public Health and Welfare — Source: USLM XML via OLRC

(a)It is declared to be the purposes of the Congress in this chapter to—

(1)authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion facilities connected to the United States by pipeline or cable, or located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States consistent with the Convention on the High Seas, and general principles of international law;

(2)authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships documented under the laws of the United States, consistent with the Convention on the High Seas and general principles of international law;

(3)authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships by United States citizens, consistent with the Convention on the High Seas and general principles of international law;

(4)establish a legal regime which will permit and encourage the development of ocean thermal energy conversion as a commercial energy technology;

(5)provide for the protection of the marine and coastal environment, and consideration of the interests of ocean users, to prevent or minimize 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.) 11 See References in Text note below. 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 Federal 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 Continental Shelf.

Notes & Related Subsidiaries

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 chapter. 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 section 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 section 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 section 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 preceding section 101 of Title 46.

Amendments

1984—Subsec. (a)(1). Pub. L. 98–623 substituted “located 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 section 1271, 1273, and 1274 of Title 46, Appendix, and enacting provisions 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.

§9101 Congressional declaration of policy

Summary

Title 42, §9101

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Short Title

Executive Documents

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