§9115 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator must name certain coastal States as "adjacent coastal States" when a proposed ocean thermal energy conversion project would be directly linked to that State by electric cable or pipeline, when any part of the project would sit in that State’s waters, or when a plantship would be operated in that State’s waters. A State can also ask to be named if the Administrator finds that its coast faces at least the same risk of damage as a State that would be automatically named, or if the project’s thermal plume is likely to reach areas that would hurt the ocean temperature gradient at sites that could reasonably be tied to that State by cable or pipeline. That request must be made no later than the 14th day after the notice of application appears in the Federal Register. The Administrator must decide on such a request no later than the 45th day after he gets it. Within 5 days after naming an adjacent coastal State, the Administrator must send the Governor a full copy of the application. The Administrator cannot issue a license without talking to the Governors of adjacent coastal States that have an approved coastal zone management program in good standing under the Coastal Zone Management Act of 1972. If a Governor has not sent approval or disapproval by the 45th day after the public hearings end, approval is treated as given. If a Governor says the project conflicts with the State’s coastal plan, the Administrator must add conditions to the license to make it match the State plan. Any adjacent coastal State without an approved program, and any other interested State, can give its views and must be fully considered about where and how the project is built and run. Congress also allows 2 or more States to make agreements or compacts (that do not conflict with U.S. law or treaties) to apply for or transfer a license, and to set up agencies to carry out those agreements; those agreements are binding on the States without more approval by Congress.

Title 42, §9115

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

(a)(1)The Administrator, in issuing notice of application pursuant to section 9112(d) of this title, shall designate as an “adjacent coastal State” any coastal State which (A) would be directly connected by electric transmission cable or pipeline to an ocean thermal energy conversion facility as proposed in an application, or (B) in whose waters any part of such proposed ocean thermal energy conversion facility would be located, or (C) in whose waters an ocean thermal energy conversion plantship would be operated as proposed in an application.

(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 facility 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)(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 Governor 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 program 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 hearings 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 otherwise approve pursuant to this paragraph is inconsistent in some respect with the State’s coastal zone management program, the Administrator 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 program 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)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 license for the ownership, construction, and operation of an ocean thermal energy conversion facility or plantship or for the transfer of such a license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appropriate 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 thereto without further approval by the Congress.

Notes & Related Subsidiaries

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), substituted “(A) that” for “that (A)”. Subsec. (b)(1). Pub. L. 98–623, § 602(e)(13), (14), substituted “of an adjacent coastal State” for “of adjacent coastal State” and “application are concluded” for “application is concluded”.

§9115 Adjacent coastal States