§ 9163. Relationship to other laws

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 IV § 403 · 94 Stat. 974

   Enacted · 42 U.S.C. § 9163

   Pub. L. 96–320, title IV, § 403, Aug. 3, 1980, 94 Stat. 998

   Source evidence

   Code source credit
   Pub. L. 96–320, title IV, § 403, Aug. 3, 1980, 94 Stat. 998

   Enacted provision · exact public law section
   SEC. 403. RELATIONSHIP TO OTHER LAWS. (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 Act 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 Act 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 Act 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 Act, nothing in this Act 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under this Act is connected by electric transmission cable or pipeline, now in effect or hereafter adopted, amended, or repealed, is declared to be the law of the United States, and shall apply to such facility, to the extent applicable and not inconsistent with any provision or regulation under this Act or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed: Provided, however, That the application of State taxation laws is not extended hereby outside the seaward boundary of any Enforcement. 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 Act 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 shall not apply to any ocean thermal energy conversion facility or plantship licensed under the provisions of this Act, 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.

2. 1984

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

   Inserted · 42 U.S.C. § 9163(a)(1)

   Pub. L. 98–623, § 602(a)(11), inserted “and all of which is located seaward of the highwater mark,”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–623, § 602(a)(11), inserted “and all of which is located seaward of the highwater mark,”.

   Enacted provision · exact public law section
   (11) in the first sentence of section 403(a)(1) by inserting “and 42 USC 9163. all of which is located seaward of the highwater mark,” immediately after “licensed under this Act”; and

3. 1984

   Pub. L. 98–623 § 602(a)(12) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9163(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (12) in the first sentence of the section 403(c)(2) by inserting “documented under the laws of the United States and” immediately after “ocean thermal energy conversion facility or plantship”.

4. 1984

   Pub. L. 98–623 § 602(e)(6) · 98 Stat. 3394

   Substituted · 42 U.S.C. § 9163(c)(2)

   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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (6) in the first sentence of section 403(c)(2) by striking out “Treasury” and inserting in lieu thereof “Treasury, including the provisions of the Tariff Act of 1930, as amended (19 U.S.C. 1202), and other laws codified in title 19, United States Code,”;

4 of 4 references resolved to an enrolled provision