
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9101]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
Sec. 9101. Congressional declaration of policy

    (a) It is declared to be the purposes of the Congress in this 
chapter to--
        (1) authorize and regulate the construction, location, 
    ownership, and operation of ocean thermal energy conversion 
    facilities connected to the United States by pipeline or cable, or 
    located in whole or in part between the highwater mark and the 
    seaward boundary of the territorial sea of the United States 
    consistent with the Convention on the High Seas, and general 
    principles of international law;
        (2) authorize and regulate the construction, location, 
    ownership, and operation of ocean thermal energy conversion 
    plantships documented under the laws of the United States, 
    consistent with the Convention on the High Seas and general 
    principles of international law;
        (3) authorize and regulate the construction, location, 
    ownership, and operation of ocean thermal energy conversion 
    plantships by United States citizens, consistent with the Convention 
    on the High Seas and general principles of international law;
        (4) establish a legal regime which will permit and encourage the 
    development of ocean thermal energy conversion as a commercial 
    energy technology;
        (5) provide for the protection of the marine and coastal 
    environment, and consideration of the interests of ocean users, to 
    prevent or minimize any adverse impact which might occur as a 
    consequence of the development of such ocean thermal energy 
    conversion facilities or plantships;
        (6) make applicable certain provisions of the Merchant Marine 
    Act, 1936 (46 U.S.C. 1177 et seq.) [46 App. U.S.C. 1101 et seq.] to 
    assist in financing of ocean thermal energy conversion facilities 
    and plantships;
        (7) protect the interests of the United States in the location, 
    construction, and operation of ocean thermal energy conversion 
    facilities and plantships; and
        (8) protect the rights and responsibilities of adjacent coastal 
    States in ensuring that Federal actions are consistent with approved 
    State coastal zone management programs and other applicable State 
    and local laws.

    (b) The Congress declares that nothing in this chapter shall be 
construed to affect the legal status of the high seas, the superjacent 
airspace, or the seabed and subsoil, including the Continental Shelf.

(Pub. L. 96-320, Sec. 2, Aug. 3, 1980, 94 Stat. 974; Pub. L. 98-623, 
title VI, Sec. 602(a)(1), Nov. 8, 1984, 98 Stat. 3410.)

                       References in Text

    The Merchant Marine Act, 1936, referred to in subsec. (a)(6), is act 
June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified 
principally to chapter 27 (Sec. 1101 et seq.) of Title 46, Appendix, 
Shipping. For complete classification of this Act to the Code, see 
section 1245 of Title 46, Appendix, and Tables.


                               Amendments

    1984--Subsec. (a)(1). Pub. L. 98-623 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''.


                               Short Title

    Section 1 of Pub. L. 96-320 provided: ``That this Act [enacting this 
chapter and section 1279c of Title 46, Appendix, Shipping, amending 
sections 1271, 1273, and 1274 of Title 46, Appendix, and enacting 
provisions set out as a note under section 1273 of Title 46, Appendix] 
may be cited as the `Ocean Thermal Energy Conversion Act of 1980'.''

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                    Contiguous Zone of United States

    For extension of contiguous zone of United States, see Proc. No. 
7219, Sept. 2, 1999, 64 F.R. 48701, set out as a note under section 1331 
of Title 43, Public Lands.
