§ 9119. Prevention of interference with other uses of high seas

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 § 109 · 94 Stat. 974

   Enacted · 42 U.S.C. § 9119

   Pub. L. 96–320, title I, § 109, Aug. 3, 1980, 94 Stat. 987

   Source evidence

   Code source credit
   Pub. L. 96–320, title I, § 109, Aug. 3, 1980, 94 Stat. 987

   Enacted provision · exact public law section
   SEC. 109. PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH SEAS. (a) Each license shall include such conditions as may be necessary and appropriate to ensure that construction and operation of the ocean thermal energy conversion facility or plantship are conducted with reasonable regard for navigation, fishing, energy production, scientific research, or other uses of the high seas, either by citizens of the United States or by other nations in their exercise of the freedoms of the high seas as recognized under the Convention of the High Seas and the general principles of international law. (b) The Administrator shall promulgate regulations specifying Regulations. under what conditions and in what circumstances the thermal plume of an ocean thermal energy conversion facility or plantship licensed under this Act will be deemed— (1) to impinge on so as to degrade the thermal gradient used by another ocean thermal energy conversion facility or plantship, or (2) to impinge on so as to adversely affect the territorial sea or area of natural resource jurisdiction, as recognized by the United States, of any other nation. Such regulations shall also provide for the Administrator to mediate or arbitrate any disputes among licensees regarding the extent to which the thermal plume of one licensee’s facility or plantship impinges on the operation of another licensee’s facility or plantship. (3) Except in a situation involving force majeure, a licensee of an ocean thermal energy conversion facility or plantship shall not permit a vessel, registered in or flying the flag of a foreign state, to call at, load or unload cargo at, or otherwise utilize such a facility or plantship licensed under this Act unless (A) the foreign state involved has agreed, by specific agreement with the United States, to recognize the jurisdiction of the United States over the vessel and its personnel, in accordance with the provisions of this Act, while the vessel is located within the safety zone, and (B) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone. (c) The Secretary of the department in which the Coast Guard is operating shall promulgate, after consultation with the Administrator, and shall enforce, regulations governing the movement and navigation of ocean thermal energy conversion plantships licensed under this Act to ensure that the thermal plume of such an ocean thermal energy conversion plantship does not unreasonably impinge on so as to degrade the thermal gradient used by the operation of any other ocean thermal energy conversion plantship or facility except in case of force majeure or with the consent of owner of the other such plantship or facility, and to ensure that the thermal plume such of an ocean thermal energy conversion plantship does not 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 has approved such impingment after consultation with such nation.

2. 1984

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

   Substituted · 42 U.S.C. § 9119(b)(2)

   Pub. L. 98–623, § 602(e)(2), substituted “national resource jurisdiction” for “natural resource jurisdiction”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–623, § 602(e)(2), substituted “national resource jurisdiction” for “natural resource jurisdiction”.

   Enacted provision · exact public law section
   (2) in section 109(b)(2) by striking out “natural” and inserting in lieu thereof “national”;

3. 1984

   Pub. L. 98–623 § 602(e)(15) · 98 Stat. 3394

   Struck · 42 U.S.C. § 9119(b)(3)

   Pub. L. 98–623, § 602(e)(15), struck out par. (3) which prohibited a licensee of an ocean thermal energy conversion facility or plantship under this chapter, except in the case of force majeure, from permitting foreign vessels to call at, or load or unload cargo at, or otherwise use such facility or plantship unless the foreign state involved had specifically agreed to recognize the jurisdiction of the United States over the vessel and its personnel while such vessel was located in the safety zone and the vessel owner or operator had designated an agent in the United States for receipt of service of process for legal claims or proceedings arising from activities of the vessel or its personnel while located in such zone. See section 9118(d)(3) of this title

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–623, § 602(e)(15), struck out par. (3) which prohibited a licensee of an ocean thermal energy conversion facility or plantship under this chapter, except in the case of force majeure, from permitting foreign vessels to call at, or load or unload cargo at, or otherwise use such facility or plantship unless the foreign state involved had specifically agreed to recognize the jurisdiction of the United States over the vessel and its personnel while such vessel was located in the safety zone and the vessel owner or operator had designated an agent in the United States for receipt of service of process for legal claims or proceedings arising from activities of the vessel or its personnel while located in such zone. See section 9118(d)(3) of this title.

   Enacted provision · exact public law section
   (15) by inserting the text of section 109(b)(3) as a new paragraph (3) immediately after the end of paragraph (2) of section 108(d), and by repealing section 109(b)(3);

4. 1984

   Pub. L. 98–623 § 602(e)(16) · 98 Stat. 3394

   1. Substituted · 42 U.S.C. § 9119(c)

      Pub. L. 98–623, § 602(e)(16), substituted “the thermal plume of such” for “the thermal plume such of” in second place appearing

   2. Substituted · 42 U.S.C. § 9119(c)

      Pub. L. 98–623, § 602(e)(16), substituted “impingement” for “impingment”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–623, § 602(e)(16), substituted “the thermal plume of such” for “the thermal plume such of” in second place appearing, and substituted “impingement” for “impingment”.

   Enacted provision · exact public law section
   (16) in section 109(c) by striking out “such of’ and inserting in lieu thereof “of such”, and by striking out “impingment” and inserting in lieu thereof “impingement”;

5 of 5 references resolved to an enrolled provision