
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: 42USC9102]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
Sec. 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.

(Pub. L. 96-320, Sec. 3, Aug. 3, 1980, 94 Stat. 975; Pub. L. 98-623, 
title VI, Sec. 602(a)(2), (e)(7), Nov. 8, 1984, 98 Stat. 3410, 3412.)

                       References in Text

    Act of July 2, 1890, as amended, referred to in par. (3), is act 
July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman 
Act, which is classified to sections 1 to 7 of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 1 of Title 15 and Tables.
    Act of October 15, 1914, as amended, referred to in par. (3), is act 
Oct. 15, 1914, ch. 323, 78 Stat. 730, as amended, known as the Clayton 
Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, 
and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For 
further details and complete classification of this Act to the Code, see 
References in Text note set out under section 12 of Title 15 and Tables.
    Sections 73 and 74 of the Act of August 27, 1894, as amended, 
referred to in par. (3), are sections 73 and 74 of act Aug. 27, 1894, 
ch. 349, 28 Stat. 570. Sections 73 to 77 of such Act are known as the 
Wilson Tariff Act. Sections 73 to 76 enacted sections 8 to 11 of Title 
15. Section 77 is not classified to the Code. For complete 
classification of this Act to the Code, see Short Title note under 
section 8 of Title 15 and Tables.


                               Amendments

    1984--Par. (11). Pub. L. 98-623, Sec. 602(a)(2), substituted 
``standing, fixed or moored in whole or in part seaward of the highwater 
mark'' for ``standing or moored in or beyond the territorial sea of the 
United States''.
    Pub. L. 98-623, Sec. 602(e)(7), substituted ``fresh water'' for 
``freshwater''.

                    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.
