
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: 42USC9119]

 
                 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. 9119. Prevention of interference with other uses of high 
        seas
        

(a) License conditions

    Each license shall include such conditions as may be necessary and 
appropriate to ensure that construction and operation of the ocean 
thermal energy conversion facility or plantship are conducted with 
reasonable regard for navigation, fishing, energy production, scientific 
research, or other uses of the high seas, either by citizens of the 
United States or by other nations in their exercise of the freedoms of 
the high seas as recognized under the Convention of the High Seas and 
the general principles of international law.

(b) Rules and regulations

    The Administrator shall promulgate regulations specifying under what 
conditions and in what circumstances the thermal plume of an ocean 
thermal energy conversion facility or plantship licensed under this 
chapter will be deemed--
        (1) to impinge on so as to degrade the thermal gradient used by 
    another ocean thermal energy conversion facility or plantship, or
        (2) to impinge on so as to adversely affect the territorial sea 
    or area of national resource jurisdiction, as recognized by the 
    United States, of any other nation.

Such regulations shall also provide for the Administrator to mediate or 
arbitrate any disputes among licensees regarding the extent to which the 
thermal plume of one licensee's facility or plantship impinges on the 
operation of another licensee's facility or plantship.

(c) Coast Guard operations

    The Secretary of the department in which the Coast Guard is 
operating shall promulgate, after consultation with the Administrator, 
and shall enforce, regulations governing the movement and navigation of 
ocean thermal energy conversion plantships licensed under this chapter 
to ensure that the thermal plume of such an ocean thermal energy 
conversion plantship does not unreasonably impinge on so as to degrade 
the thermal gradient used by the operation of any other ocean thermal 
energy conversion plantship or facility except in case of force majeure 
or with the consent of owner of the other such plantship or facility, 
and to ensure that the thermal plume of such an ocean thermal energy 
conversion plantship does not impinge on so as to adversely affect the 
territorial sea or area of national resource jurisdiction, as recognized 
by the United States, of any other nation unless the Secretary of State 
has approved such impingement after consultation with such nation.

(Pub. L. 96-320, title I, Sec. 109, Aug. 3, 1980, 94 Stat. 987; Pub. L. 
98-623, title VI, Sec. 602(e)(2), (15), (16), Nov. 8, 1984, 98 Stat. 
3412.)


                               Amendments

    1984--Subsec. (b)(2). Pub. L. 98-623, Sec. 602(e)(2), substituted 
``national resource jurisdiction'' for ``natural resource 
jurisdiction''.
    Subsec. (b)(3). Pub. L. 98-623, Sec. 602(e)(15), struck out par. (3) 
which prohibited a licensee of an ocean thermal energy conversion 
facility or plantship under this chapter, except in the case of force 
majeure, from permitting foreign vessels to call at, or load or unload 
cargo at, or otherwise use such facility or plantship unless the foreign 
state involved had specifically agreed to recognize the jurisdiction of 
the United States over the vessel and its personnel while such vessel 
was located in the safety zone and the vessel owner or operator had 
designated an agent in the United States for receipt of service of 
process for legal claims or proceedings arising from activities of the 
vessel or its personnel while located in such zone. See section 
9118(d)(3) of this title.
    Subsec. (c). Pub. L. 98-623, Sec. 602(e)(16), substituted ``the 
thermal plume of such'' for ``the thermal plume such of'' in second 
place appearing, and substituted ``impingement'' for ``impingment''.
