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U.S. Code as of:
01/19/04
Section 9102. Definitions
As used in this chapter, unless the context otherwise requires,
the term -
(1) "adjacent coastal State" means any coastal State which is
required to be designated as such by section 9115(a)(1) of this
title or is designated as such by the Administrator in accordance
with section 9115(a)(2) of this title;
(2) "Administrator" means the Administrator of the National
Oceanic and Atmospheric Administration;
(3) "antitrust laws" includes the Act of July 2, 1890, as
amended [15 U.S.C. 1 et seq.], the Act of October 15, 1914, as
amended [15 U.S.C. 12 et seq.], and sections 73 and 74 of the Act
of August 27, 1894, as amended [15 U.S.C. 8 and 9];
(4) "application" means any application submitted under this
chapter (A) for issuance of a license for the ownership,
construction, and operation of an ocean thermal energy conversion
facility or plantship; (B) for transfer or renewal of any such
license; or (C) for any substantial change in any of the
conditions and provisions of any such license;
(5) "coastal State" means a State in, or bordering on, the
Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long
Island Sound, or one or more of the Great Lakes;
(6) "construction" means any activities conducted at sea to
supervise, inspect, actually build, or perform other functions
incidental to the building, repairing, or expanding of an ocean
thermal energy conversion facility or plantship or any of its
components, including but not limited to, piledriving,
emplacement of mooring devices, emplacement of cables and
pipelines, and deployment of the cold water pipe, and
alterations, modifications, or additions to an ocean thermal
energy conversion facility or plantship;
(7) "facility" means an ocean thermal energy conversion
facility;
(8) "Governor" means the Governor of a State or the person
designated by law to exercise the powers granted to the Governor
pursuant to this chapter;
(9) "high seas" means that part of the oceans lying seaward of
the territorial sea of the United States and outside the
territorial sea, as recognized by the United States, of any other
nation;
(10) "licensee" means the holder of a valid license for the
ownership, construction, and operation of an ocean thermal energy
conversion facility or plantship that was issued, transferred, or
renewed pursuant to this chapter;
(11) "ocean thermal energy conversion facility" means any
facility which is standing, fixed or moored in whole or in part
seaward of the highwater mark and which is designed to use
temperature differences in ocean water to produce electricity or
another form of energy capable of being used directly to perform
work, and includes any equipment installed on such facility to
use such electricity or other form of energy to produce, process,
refine, or manufacture a product, and any cable or pipeline used
to deliver such electricity, fresh water, or product to shore,
and all other associated equipment and appurtenances of such
facility, to the extent they are located seaward of the highwater
mark;
(12) "ocean thermal energy conversion plantship" means any
vessel which is designed to use temperature differences in ocean
water while floating unmoored or moving through such water, to
produce electricity or another form of energy capable of being
used directly to perform work, and includes any equipment
installed on such vessel to use such electricity or other form of
energy to produce, process, refine, or manufacture a product, and
any equipment used to transfer such product to other vessels for
transportation to users, and all other associated equipment and
appurtenances of such vessel;
(13) "plantship" means an ocean thermal energy conversion
plantship;
(14) "person" means any individual (whether or not a citizen of
the United States), any corporation, partnership, association, or
other entity organized or existing under the laws of any nation,
and any Federal, State, local or foreign government or any entity
of any such government;
(15) "State" means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, the Commonwealth of the
Northern Marianas, and any other Commonwealth, territory, or
possession over which the United States has jurisdiction;
(16) "test platform" means any floating or moored platform,
barge, ship, or other vessel which is designed for limited-scale,
at sea operation in order to test or evaluate the operation of
components or all of an ocean thermal energy conversion system
and which will not operate as an ocean thermal energy conversion
facility or plantship after the conclusion of such tests or
evaluation;
(17) "thermal plume" means the area of the ocean in which a
significant difference in temperature, as defined in regulations
by the Administrator, occurs as a result of the operation of an
ocean thermal energy conversion facility or plantship; and
(18) "United States citizen" means (A) any individual who is a
citizen of the United States by law, birth, or naturalization;
(B) any Federal, State, or local government in the United States,
or any entity of any such government; or (C) any corporation,
partnership, association, or other entity, organized or existing
under the laws of the United States, or of any State, which has
as its president or other executive officer and as its chairman
of the board of directors, or holder of similar office, an
individual who is a United States citizen and which has no more
of its directors who are not United States citizens than
constitute a minority of the number required for a quorum
necessary to conduct the business of the board.
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