
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9115]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 9115. Adjacent coastal States


(a) Designation of adjacent coastal State

    (1) The Administrator, in issuing notice of application pursuant to 
section 9112(d) of this title, shall designate as an ``adjacent coastal 
State'' any coastal State which (A) would be directly connected by 
electric transmission cable or pipeline to an ocean thermal energy 
conversion facility as proposed in an application, or (B) in whose 
waters any part of such proposed ocean thermal energy conversion 
facility would be located, or (C) in whose waters an ocean thermal 
energy conversion plantship would be operated as proposed in an 
application.
    (2) The Administrator shall, upon request of a State, designate such 
State as an ``adjacent coastal State'' if he determines (A) that there 
is a risk of damage to the coastal environment of such State equal to or 
greater than the risk posed to a State required to be designated as an 
``adjacent coastal State'' by paragraph (1) of this subsection or (B) 
that the thermal plume of the proposed ocean thermal energy conversion 
facility or plantship is likely to impinge on so as to degrade the 
thermal gradient at possible locations for ocean thermal energy 
conversion facilities which could reasonably be expected to be directly 
connected by electric transmission cable or pipeline to such State. This 
paragraph shall apply only with respect to requests made by a State not 
later than the 14th day after the date of publication of notice of 
application for a proposed ocean thermal energy conversion facility in 
the Federal Register in accordance with section 9112(d) of this title. 
The Administrator shall make any designation required by this paragraph 
not later than the 45th day after the date he receives such a request 
from a State.

(b) State coastal zone management program

    (1) Not later than 5 days after the designation of an adjacent 
coastal State pursuant to this section, the Administrator shall transmit 
a complete copy of the application to the Governor of such State. The 
Administrator shall not issue a license without consultation with the 
Governor of each adjacent coastal State which has an approved coastal 
zone management program in good standing pursuant to the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.). If the Governor of such 
a State has not transmitted his approval or disapproval to the 
Administrator by the 45th day after public hearings on the application 
are concluded pursuant to section 9112(g) of this title, such approval 
shall be conclusively presumed. If the Governor of such a State notifies 
the Administrator that an application which the Governor would otherwise 
approve pursuant to this paragraph is inconsistent in some respect with 
the State's coastal zone management program, the Administrator shall 
condition the license granted so as to make it consistent with such 
State program.
    (2) Any adjacent coastal State which does not have an approved 
coastal zone management program in good standing, and any other 
interested State, shall have the opportunity to make its views known to, 
and to have them given full consideration by, the Administrator 
regarding the location, construction, and operation of an ocean thermal 
energy conversion facility or plantship.

(c) Agreements and compacts between States

    The consent of Congress is given to 2 or more States to negotiate 
and enter into agreements or compacts, not in conflict with any law or 
treaty of the United States, (1) to apply for a license for the 
ownership, construction, and operation of an ocean thermal energy 
conversion facility or plantship or for the transfer of such a license, 
and (2) to establish such agencies, joint or otherwise, as are deemed 
necessary or appropriate for implementing and carrying out the 
provisions of any such agreement or compact. Such agreement or compact 
shall be binding and obligatory upon any State or other party thereto 
without further approval by the Congress.

(Pub. L. 96-320, title I, Sec. 105, Aug. 3, 1980, 94 Stat. 983; Pub. L. 
98-623, title VI, Sec. 602(e)(12)-(14), Nov. 8, 1984, 98 Stat. 3412.)

                       References in Text

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), 
referred to in subsec. (b)(1), is title III of Pub. L. 89-454 as added 
by Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280, and amended, which is 
classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16, 
Conservation. For complete classification of this Act to the Code, see 
Short Title note set out under section 1451 of Title 16 and Tables.


                               Amendments

    1984--Subsec. (a)(2). Pub. L. 98-623, Sec. 602(e)(12), substituted 
``(A) that'' for ``that (A)''.
    Subsec. (b)(1). Pub. L. 98-623, Sec. 602(e)(13), (14), substituted 
``of an adjacent coastal State'' for ``of adjacent coastal State'' and 
``application are concluded'' for ``application is concluded''.

                  Section Referred to in Other Sections

    This section is referred to in section 9102 of this title.
