§9117 Protection of the Environment

Summary

The Administrator must start a program to study how ocean thermal energy conversion (OTEC) facilities and plantships affect the environment. The program must do baseline studies where these facilities might be placed, carry out research, and monitor real operating sites. It must answer four main questions: any short‑ and long‑term effects; what ocean, atmosphere, weather, climate, or biological changes could happen if many facilities are used; what changes or hazards come from underwater or seabed electric cables (including accidentally cut cables); and whether the combined effects mean there should be a limit on how many or how much capacity can operate at once. A plan for this work, with funding needs for the next 5 fiscal years, must be sent to Congress within 180 days after August 3, 1980. Once enough reliable information exists to answer those questions, the program must be cut back to only the baseline studies and data analysis needed. Issuing any license for ownership, building, or operating an OTEC facility or plantship counts as a major federal action that requires an environmental impact statement under section 4332(2)(C). For timely applications in the same area and for each plantship, one joint draft environmental impact statement must be prepared with other federal agencies and published within 180 days after the application notice. The final statement must be published no later than 90 days after public hearings end, though the Administrator can extend these deadlines for good cause in writing. A licensed OTEC facility or plantship is not treated as a “vessel or other floating craft” under section 1362(12)(B) of title 33.