Laws: Cases and Codes : U.S. Code : Title 42


   

U.S. Code as of: 01/19/04
Chapter 99 - Notes
    Sec.                                                     
    9101.       Congressional declaration of policy.                  
    9102.       Definitions.                                          
       SUBCHAPTER I - REGULATION OF OCEAN THERMAL ENERGY CONVERSION
                         FACILITIES AND PLANTSHIPS
    9111.       License for ownership, construction, and operation of
                 ocean thermal energy conversion facilities or
                 plantships.                                          
                  (a)  License requirement.                           
                  (b)  Documented plantships; documented facilities;
                        facilities located in territorial sea;
                        facilities connected to United States by
                        pipeline or cable.                            
                  (c)  License issuance prerequisites.                
                  (d)  Issuance conditions; written agreement of
                        compliance; disposal or removal requirements. 
                  (e)  License transfer.                              
                  (f)  License eligibility.                           
                  (g)  License term and renewal.                      
    9112.       Procedure.                                            
                  (a)  Rules and regulations.                         
                  (b)  Site evaluation and preconstruction testing.   
                  (c)  Expertise or statutory responsibility
                        descriptions.                                 
                  (d)  Application.                                   
                  (e)  Area description; additional license
                        applications.                                 
                  (f)  Copies of application to other agencies.       
                  (g)  Notice, comments, and hearing.                 
                  (h)  Administrative fee.                            
                  (i)  Approval or denial of application; applications
                        for same area; factors determinative of
                        facility selection.                           
    9113.       Protection of submarine electric transmission cables
                 and equipment.                                       
                  (a)  Prohibited acts; misdemeanor; penalty and fine.
                  (b)  Culpable negligence; misdemeanor; penalty and
                        fine.                                         
                  (c)  Exceptions.                                    
                  (d)  Suits for damages.                             
                  (e)  Indemnity.                                     
                  (f)  Repair costs.                                  
    9114.       Antitrust review.                                     
                  (a)  Review of applications by Attorney General.    
                  (b)  Issuance of license as constituting no defense
                        for antitrust violations.                     
    9115.       Adjacent coastal States.                              
                  (a)  Designation of adjacent coastal State.         
                  (b)  State coastal zone management program.         
                  (c)  Agreements and compacts between States.        
    9116.       Diligence requirements.                               
                  (a)  Rules and regulations.                         
                  (b)  Termination of license.                        
    9117.       Protection of the environment.                        
                  (a)  Environmental assessment program.              
                  (b)  Program purposes.                              
                  (c)  Plan submittal to Congress.                    
                  (d)  Reduction of program to minimum necessary
                        level.                                        
                  (e)  Environmental impact statement.                
                  (f)  Discharge of pollutants.                       
    9118.       Marine environmental protection and safety of life and
                 property at sea.                                     
                  (a)  Coast Guard operations.                        
                  (b)  Promotion of safety of life and property.      
                  (c)  Marking components for protection of
                        navigation.                                   
                  (d)  Safety zones.                                  
                  (e)  Rules and regulations; vessels; "ocean thermal
                        energy conversion facility" defined.          
                  (f)  Protection of navigation.                      
    9119.       Prevention of interference with other uses of high
                 seas.                                                
                  (a)  License conditions.                            
                  (b)  Rules and regulations.                         
                  (c)  Coast Guard operations.                        
    9120.       Monitoring of licensees' activities.                  
    9121.       Suspension, revocation, and termination of licenses.  
                  (a)  Filing of action by Attorney General; automatic
                        suspension.                                   
                  (b)  Immediate suspension of construction or
                        operation pending completion of proceedings.  
    9122.       Recordkeeping and public access to information.       
                  (a)  Records and reports.                           
                  (b)  Confidential information.                      
    9123.       Relinquishment or surrender of license.               
                  (a)  Relinquishment or surrender authority;
                        continuation of liability.                    
                  (b)  Transfer of right of way.                      
    9124.       Civil actions.                                        
                  (a)  Jurisdiction.                                  
                  (b)  Notice.                                        
                  (c)  Right of Administrator or Attorney General to
                        intervene.                                    
                  (d)  Award of costs.                                
                  (e)  Other remedies not restricted.                 
    9125.       Judicial review.                                      
    9126.       Exempt operations.                                    
                  (a)  Test platforms.                                
                  (b)  Commercial demonstration ocean thermal energy
                        conversion facilities or plantships.          
    9127.       Periodic review and revision of regulations.          
        SUBCHAPTER II - MARITIME FINANCING FOR OCEAN THERMAL ENERGY
                                CONVERSION
    9141.       Determinations under Merchant Marine Act, 1936.       
                       SUBCHAPTER III - ENFORCEMENT                   
    9151.       Prohibited acts.                                      
    9152.       Remedies and penalties.                               
                  (a)  Issuance and enforcement of orders.            
                  (b)  Civil actions by Attorney General; equitable
                        relief.                                       
                  (c)  Civil penalties.                               
                  (d)  Criminal penalties.                            
                  (e)  In rem liability of vessels.                   
    9153.       Enforcement.                                          
                  (a)  Enforcement responsibility of Administrator of
                        National Oceanic and Atmospheric
                        Administration; Coast Guard.                  
                  (b)  Enforcement activities of authorized officers. 
                  (c)  Jurisdiction; venue.                           
                  (d)  Definitions.                                   
                 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             
    9161.       Law of the sea treaty.                                
    9162.       International negotiations.                           
    9163.       Relationship to other laws.                           
                  (a)  Facilities and plantships as comparable to
                        areas of exclusive Federal jurisdiction
                        located within a State.                       
                  (b)  Responsibilities and authorities of States or
                        United States within territorial seas;
                        applicability of State law to facilities
                        located beyond territorial seas.              
                  (c)  Customs laws.                                  
    9164.       Submarine electric transmission cable and equipment
                 safety.                                              
                  (a)  Standards and regulations.                     
                  (b)  Report to Congress on appropriation and
                        staffing needs.                               
    9165.       Omitted.                                              
    9166.       Authorization of appropriations.                      
    9167.       Severability.                                         
    9168.       Report to Congress on promotion and enhancement of
                 export potential of ocean thermal energy conversion
                 components, facilities, and plantships.              
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