§ 9111. License for ownership, construction, and operation of ocean thermal energy conversion facilities or plantships

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Ocean Thermal Energy Conversion Act of 1980

   Pub. L. 96–320 title I § 101 · 94 Stat. 974

   Enacted · 42 U.S.C. § 9111

   Pub. L. 96–320, title I, § 101, Aug. 3, 1980, 94 Stat. 976

   Source evidence

   Code source credit
   Pub. L. 96–320, title I, § 101, Aug. 3, 1980, 94 Stat. 976

   Enacted provision · exact public law section
   SEC. 101. LICENSE FOR THE OWNERSHIP. CONSTRUCTION, AND OPERATION OF AN OCEAN THERMAL ENERGY CONVERSION FACILITY OR PLANTSHIP. (a) No person may engage in the ownership, construction, or operation of an ocean thermal energy conversion facility which is documented under the laws of the United States, which is located in the territorial sea of the United States, or which is connected to the United States by pipeline or cable, except in accordance with a license issued pursuant to this Act. No citizen of the United States may engage in the ownership, construction or operation of an ocean thermal energy conversion plantship except in accordance with a license issued pursuant to this Act, or in accordance with a license issued by a foreign nation whose licenses are found by the Adminis-trator, after consultation with the Secretary of State, to be compatible with licenses issued pursuant to this Act. (b) The Administrator shall, upon application and in accordance with the provisions of this Act, issue, transfer, amend, or renew licenses for the ownership, construction, and operation of— (1) ocean thermal energy conversion plantships documented under the laws of the United States, and (2) ocean thermal energy conversion facilities documented under the laws of the United States, located in the territorial sea of the United States, or connected to the United States by pipeline or cable. (c) The Administrator may issue a license to a citizen of the United License issuance, prerequisites. States in accordance with the provisions of this Act unless— (1) he determines that the applicant cannot and will not comply with applicable laws, regulations, and license conditions; (2) he determines that the construction and operation of the ocean thermal energy conversion facility or plantship will not be in the national interest and consistent with national security and other national policy goals and objectives, including energy self-sufficiency and environmental quality; (3) he determines, after consultation with the Secretary of the department in which the Coast Guard is operating, that the ocean thermal energy conversion facility or plantship will not be operated with reasonable regard to the freedom of navigation or other reasonable uses of the high seas and authorized uses of the Continental Shelf, as defined by United States law, treaty, convention, or customary international law; (4) he has been informed, within 45 days after the conclusion of public hearings on that application, or on proposed licenses for the designated application area, by the Administrator of the Environmental Protection Agency that the ocean thermal energy conversion facility or plantship will not conform with all applicable provisions of any law for which he has enforcement authority; (5) he has received the opinion of the Attorney General, pursuant to section 104 of this Act, stating that issuance of the license would create a situation in violation of the antitrust laws, or the 90-day period provided in section 104 has expired; (6) he has consulted with the Secretary of Energy, the Secretary of Transportation, the Secretary of State, the Secretary of the Interior, and the Secretary of Defense, to determine their views on the adequacy of the application, and its effect on programs within their respective jurisdictions and determines on the basis thereof, that the application for license is inadequate; (7) the proposed ocean thermal energy conversion facility or plantship will not be documented under the laws of the United States; (8) the applicant has not agreed to the condition that no vessel may be used for the transportation to the United States of things produced, processed, refined, or manufactured at the ocean thermal energy conversion facility or plantship unless such vessel is documented under the laws of the United States; (9) when the license is for an ocean thermal energy conversion facility, he determines that the facility, including any submarine electric transmission cables and equipment or pipelines which are components of the facility, will not be located and designed so as to minimize interference with other uses of the high seas or the Continental Shelf, including cables or pipelines already in position on or in the seabed and the possibility of their repair; (10) the Governor of each adjacent coastal State with an approved coastal zone management program in good standing 16 USC 1451 et seq. pursuant to the Coastal Zone Management Act of 1972 (33 U.S.C. 1451 et seq.) determines that, in his or her view, the application is inadequate or inconsistent with respect to programs within his or her jurisdiction; (11) when the license is for an ocean thermal energy conversion facility, he determines that the thermal plume of the facility is expected to impinge on so as to degrade the thermal gradient used by any other ocean thermal energy conversion facility already licensed or operating, without the consent of its owner; (12) when the license is for an ocean thermal energy conversion facility, he determines that the thermal plume of the facility is expected to impinge on so as to adversely affect the territorial sea or area of national resource jurisdiction, as recognized by the United States, of any other nation, unless the Secretary of State approves such impingement after consultation with such nation; (13) when the license is for an ocean thermal energy conversion plantship, he determines that the applicant has not provided adequate assurance that the plantship will be operated in such a way as to prevent its thermal plume from impinging on so as to degrade the thermal gradient used by any other ocean thermal energy conversion facility or plantship without the consent of its owner, and from impinging on so as to adversely affect the territorial sea or area of national resource jurisdiction, as recognized by the United States, of any other nation unless the Secretary of State approves such impingement after consultation with such nation; and (14) when a regulation has been adopted which places an upper limit on the number or total capacity of ocean thermal energy conversion facilities or plantships to be licensed under this Act for simultaneous operation, either overall or within specific geographic areas, pursuant to a determination under the provisions of section 107(b)(4) of this Act, issuance of the license will cause such upper limit to be exceeded. (d) (1) In issuing a license for the ownership, construction, and operation of an ocean thermal energy conversion facility or plantship, the Administrator shall prescribe conditions which he deems necessary to carry out the provisions of this Act, or which are otherwise required by any Federal department or agency pursuant to the terms of this Act. (2) No license shall be issued, transferred, or renewed under this Act unless the licensee or transferee first agrees in writing that (A) there will be no substantial change from the plans, operational systems, and methods, procedures, and safeguards set forth in his application, as approved, without prior approval in writing from the Administrator, and (B) he will comply with conditions the Administrator may prescribe in accordance with the provisions of this Act. (3) The Administrator shall establish such bonding requirements or other assurances as he deems necessary to assure that, upon the revocation, termination, relinquishment, or surrender of a license, the licensee will dispose of or remove all components of the ocean thermal energy conversion facility or plantship as directed by the Waiver. Administrator. In the case of components which another applicant or licensee desires to use, the Administrator may waive the disposal or removal requirements until he has reached a decision on the applica-tion. In the case of components lying on or below the seabed, the Administrator may waive the disposal or removal requirements if he finds that such removal is not otherwise necessary and that the remaining components do not constitute any threat to the environment, navigation, fishing, or other uses of the seabed. (e) Upon application, a license issued under this Act may be License transfer. transferred if the Administrator determines that such transfer is in the public interest and that the transferee meets the requirements of this Act and the prerequisites to issuance under subsection (c) of this section. (f) Any United States citizen who otherwise qualifies under the terms of this Act shall be eligible to be issued a license for the ownership, construction, and operation of an ocean thermal energy conversion facility or plantship. (g) Licenses issued under this Act shall be for a term of not to License term and renewal. exceed 25 years. Each licensee shall have a preferential right to renew his license subject to the requirements of subsection (c) of this section, upon such conditions and for such term, not to exceed an additional 10 years upon each renewal, as the Administrator determines to be reasonable and appropriate.

2. 1984

   Pub. L. 98–623 § 602(a)(3) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(a); 42 U.S.C. § 9111(b)(2)

   Pub. L. 98–623, § 602(a)(3), (4), 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”

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(2). Pub. L. 98–623, § 602(a)(3), (4), 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”.

   Enacted provision · exact public law section
   (3) in the first sentence of section 101(a) by striking out “located in the territorial sea” and inserting in lieu thereof “located in whole or in part between the highwater mark and the seaward boundary of the territorial sea”;

3. 1984

   Pub. L. 98–623 § 602(b)(1) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(1)

   Pub. L. 98–623, § 602(b)(1), substituted “cannot or will not” for “cannot and will not”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 98–623, § 602(b)(1), substituted “cannot or will not” for “cannot and will not”.

   Enacted provision · exact public law section
   (1) in section 101(c)(1)by striking out “cannot and will not” 42 USC 9111. and inserting in lieu thereof “cannot or will not”;

4. 1984

   Pub. L. 98–623 § 602(e)(8) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(4)

   Pub. L. 98–623, § 602(e)(8), substituted “regulatory authority” for “enforcement authority”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 98–623, § 602(e)(8), substituted “regulatory authority” for “enforcement authority”.

   Enacted provision · exact public law section
   (8) in section 101(c)(4) by striking out “enforcement” and inserting in lieu thereof “regulatory”;

5. 1984

   Pub. L. 98–623 § 602(b)(2) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(5)

   Pub. L. 98–623, § 602(b)(2), substituted “has not expired” for “has expired”

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 98–623, § 602(b)(2), substituted “has not expired” for “has expired”.

   Enacted provision · exact public law section
   (2) in section 101(c)(5) by striking out “has expired;” and inserting in lieu thereof “has not expired;”;

6. 1984

   Pub. L. 98–623 § 602(e)(9) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(6)

   Pub. L. 98–623, § 602(e)(9), substituted “application for a license” for “application for license”

   Source evidence

   Code amendment note
   Subsec. (c)(6). Pub. L. 98–623, § 602(e)(9), substituted “application for a license” for “application for license”.

   Enacted provision · exact public law section
   (9) in section 101(c)(6) by striking out “for license” and inserting in lieu thereof “for a license”;

7. 1984

   Pub. L. 98–623 § 602(a)(5) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(7)

   Pub. L. 98–623, § 602(a)(5), substituted “will be documented under the laws of a foreign nation” for “will not be documented under the laws of the United States”

   Source evidence

   Code amendment note
   Subsec. (c)(7). Pub. L. 98–623, § 602(a)(5), substituted “will be documented under the laws of a foreign nation” for “will not be documented under the laws of the United States”.

   Enacted provision · exact public law section
   (5) in section 101(c)(7) by striking out “will not be documented under the laws of the United States;” and inserting in lieu thereof “will be documented under the laws of a foreign nation;”;

8. 1984

   Pub. L. 98–623 § 602(b)(3) · 98 Stat. 3394

   1. Substituted · 42 U.S.C. § 9111(c)(10)

      Pub. L. 98–623, § 602(b)(3), (5), substituted “any adjacent” for “each adjacent”

   2. Substituted · 42 U.S.C. § 9111(c)(10)

      Pub. L. 98–623, § 602(b)(3), (5), substituted “(16 U.S.C. 1451 et seq.)” for “(33 U.S.C. 1451 et seq.)”

   Source evidence

   Code amendment note
   Subsec. (c)(10). Pub. L. 98–623, § 602(b)(3), (5), substituted “any adjacent” for “each adjacent” and “(16 U.S.C. 1451 et seq.)” for “(33 U.S.C. 1451 et seq.)”.

   Enacted provision · exact public law section
   (3) in section 101(c)(10) by striking out “each” and inserting in lieu thereof “any”;

9. 1984

   Pub. L. 98–623 § 602(b)(4) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9111(c)(13)

   Pub. L. 98–623, § 602(b)(4), substituted “or” for “and” after the semicolon at the end

   Source evidence

   Code amendment note
   Subsec. (c)(13). Pub. L. 98–623, § 602(b)(4), substituted “or” for “and” after the semicolon at the end.

   Enacted provision · exact public law section
   (4) in section 101(c)(13) by striking out “and” after the semi-colon and inserting in lieu thereof “or”; and

10. 1984

    Pub. L. 98–623 § 602(e)(10) · 98 Stat. 3394

    Substituted · 42 U.S.C. § 9111(c)(14)

    Pub. L. 98–623, § 602(e)(10), substituted “if a regulation” for “when a regulation”

    Source evidence

    Code amendment note
    Subsec. (c)(14). Pub. L. 98–623, § 602(e)(10), substituted “if a regulation” for “when a regulation”.

    Enacted provision · exact public law section
    (10) in section 101(c)(14) by striking out “when” and inserting in lieu thereof “if”;

11. 1984

    Pub. L. 98–623 § 602(e)(11) · 98 Stat. 3394

    Substituted · 42 U.S.C. § 9111(d)(2)

    Pub. L. 98–623, § 602(e)(11), substituted “applicant, licensee” for “licensee”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 98–623, § 602(e)(11), substituted “applicant, licensee” for “licensee”.

    Enacted provision · exact public law section
    (11) in section 101(d)(2) by striking out “licensee” and inserting in lieu thereof “applicant, licensee”;

12 of 12 references resolved to an enrolled provision