
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: 42USC9117]

 
                 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. 9117. Protection of the environment


(a) Environmental assessment program

    The Administrator shall initiate a program to assess the effects on 
the environment of ocean thermal energy conversion facilities and 
plantships. The program shall include baseline studies of locations 
where ocean thermal energy conversion facilities or plantships are 
likely to be sited or operated; and research; and monitoring of the 
effects of ocean thermal energy conversion facilities and plantships in 
actual operation. The purpose of the program shall be to assess the 
environmental effects of individual ocean thermal energy facilities and 
plantships, and to assess the magnitude of any cumulative environmental 
effects of large numbers of ocean thermal energy facilities and 
plantships.

(b) Program purposes

    The program shall be designed to determine, among other things--
        (1) any short-term and long-term effects on the environment 
    which may occur as a result of the operation of ocean thermal energy 
    conversion facilities and plantships;
        (2) the nature and magnitude of any oceanographic, atmospheric, 
    weather, climatic, or biological changes in the environment which 
    may occur as a result of deployment and operation of large numbers 
    of ocean thermal energy conversion facilities and plantships;
        (3) the nature and magnitude of any oceanographic, biological or 
    other changes in the environment which may occur as a result of the 
    operation of electric transmission cables and equipment located in 
    the water column or on or in the seabed, including the hazards of 
    accidentally severed transmission cables; and
        (4) whether the magnitude of one or more of the cumulative 
    environmental effects of deployment and operation of large numbers 
    of ocean thermal energy conversion facilities and plantships 
    requires that an upper limit be placed on the number or total 
    capacity of such facilities or plantships to be licensed under this 
    chapter for simultaneous operation, either overall or within 
    specific geographic areas.

(c) Plan submittal to Congress

    Within 180 days after August 3, 1980, the Administrator shall 
prepare a plan to carry out the program described in subsections (a) and 
(b) of this section, including necessary funding levels for the next 5 
fiscal years, and submit the plan to the Congress.

(d) Reduction of program to minimum necessary level

    The program established by subsections (a) and (b) of this section 
shall be reduced to the minimum necessary to perform baseline studies 
and to analyze monitoring data, when the Administrator determines that 
the program has resulted in sufficient knowledge to make the 
determinations enumerated in subsection (b) of this section with an 
acceptable level of confidence.

(e) Environmental impact statement

    The issuance of any license for ownership, construction, and 
operation of an ocean thermal energy conversion facility or plantship 
shall be deemed to be a major Federal action significantly affecting the 
quality of the human environment for purposes of section 4332(2)(C) of 
this title. For all timely applications covering proposed facilities in 
a single application area, and for each application relating to a 
proposed plantship, the Administrator shall, pursuant to such section 
4332(2)(C) of this title and in cooperation with other involved Federal 
agencies and departments, prepare a single environmental impact 
statement, which shall fulfill the requirement of all Federal agencies 
in carrying out their responsibilities pursuant to this chapter to 
prepare an environmental impact statement. Each such draft environmental 
impact statement relating to proposed facilities shall be prepared and 
published within 180 days after notice of the initial application has 
been published pursuant to section 9112(d) of this title. Each such 
draft environmental impact statement relating to a proposed plantship 
shall be prepared and published within 180 days after notice of the 
application has been published pursuant to section 9112(d) of this 
title. Each final environmental impact statement shall be published not 
later than 90 days following the date on which public hearings are 
concluded pursuant to section 9112(g) of this title. The Administrator 
may extend the deadline for publication of a specific draft or final 
environmental impact statement to a later specified time for good cause 
shown in writing.

(f) Discharge of pollutants

    An ocean thermal energy conversion facility or plantship licensed 
under this subchapter shall be deemed not to be a ``vessel or other 
floating craft'' for the purposes of section 1362(12)(B) of title 33.

(Pub. L. 96-320, title I, Sec. 107, Aug. 3, 1980, 94 Stat. 984.)

                  Section Referred to in Other Sections

    This section is referred to in section 9111 of this title.
