§9163 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Ocean thermal energy conversion (OTEC) facilities and plantships that are licensed under this chapter and sit seaward of the high‑water mark must follow the U.S. Constitution, laws, and treaties just as if they were on federal land inside a State. They do not count as islands and have no territorial seas. State and federal roles inside the territorial sea stay the same, but if a licensed OTEC facility beyond the territorial sea is hooked to a nearby coastal State by cable or pipeline, the law of that nearest State becomes U.S. law for that facility—so long as it does not conflict with this chapter or other federal rules. State tax laws do not reach past a State’s seaward boundary, and applicable laws outside that boundary are enforced by U.S. officers and courts. For customs, U.S.-documented, licensed OTEC facilities and plantships are treated as vessels. Except where customs laws apply to U.S.-documented vessels, the customs statutes (including the Tariff Act of 1930 (19 U.S.C. 1202) and other laws in title 19) generally do not apply to those facilities, but any foreign parts brought in to build them must first be made subject to the duties and taxes that would apply if they were imported for consumption into the United States and those duties must be paid.

Title 42, §9163

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

(a)(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 activities connected, associated, or potentially interfering with the use or operation of any such facility or plantship, in the same manner as if such facility or plantship were an area of exclusive Federal jurisdiction located within a State. Nothing in this chapter shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty.

(2)Ocean thermal energy conversion facilities and plantships licensed under this chapter do not possess the status of islands and have no territorial seas of their own.

(b)(1)Except as may otherwise be provided by this chapter, nothing in this chapter shall in any way alter the responsibilities and authorities 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 conversion 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 repealed, 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: Provided, however, That the application of State taxation laws is not extended hereby outside the seaward boundary of any State. All such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States outside the seaward boundary of any State.

(c)(1)For the purposes of the customs laws administered 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 documented 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 provisions 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 duties and taxes which would be imposed upon or by reason of their importation if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs territory of the United States.

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 under section 9101 of this title and Tables. The Tariff Act of 1930, as amended, referred to in subsec. (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), inserted “and all of which is located seaward of the highwater mark,”. Subsec. (c)(2). Pub. L. 98–623, § 602(a)(12), substituted “ocean thermal energy conversion facility or plantship documented under the laws of the United States and licensed” for “ocean thermal energy conversion facility or plantship licensed”. Pub. L. 98–623, § 602(e)(6), substituted “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,” for “Secretary of the Treasury”.

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.

§9163 Relationship to other laws