Title 42, The Public Health and WelfareRelease 119-110
§9101 Congressional Declaration of Policy
Title 42 › CHAPTER 99 — OCEAN THERMAL ENERGY CONVERSION › § 9101
Summary
Authorizes and sets rules for building, siting, owning, and running ocean thermal energy conversion (OTEC) facilities and OTEC plantships that are connected to or lie within U.S. waters. It covers plantships documented under U.S. law and those owned by U.S. citizens. The law has eight main goals: allow and regulate OTEC development, encourage it as a commercial energy source, protect the marine and coastal environment and other ocean users, apply some Merchant Marine Act rules to help finance projects, protect U.S. interests, and respect nearby coastal States’ rights to keep Federal actions consistent with their coastal management programs and laws. It also says nothing here changes the legal status of the high seas, the airspace above them, or the seabed and subsoil, including the Continental Shelf.
Full Legal Text
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.) 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.
Legislative History
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 9101
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110