
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: 42USC9163]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 9163. Relationship to other laws


(a) Facilities and plantships as comparable to areas of exclusive 
        Federal jurisdiction located within a State

    (1) The Constitution, laws, and treaties of the United States shall 
apply to an ocean thermal energy conversion facility or plantship 
licensed under this chapter and all of which is located seaward of the 
highwater mark, and to activities connected, associated, or potentially 
interfering with the use or operation of any such facility or plantship, 
in the same manner as if such facility or plantship were an area of 
exclusive Federal jurisdiction located within a State. Nothing in this 
chapter shall be construed to relieve, exempt, or immunize any person 
from any other requirement imposed by Federal law, regulation, or 
treaty.
    (2) Ocean thermal energy conversion facilities and plantships 
licensed under this chapter do not possess the status of islands and 
have no territorial seas of their own.

(b) Responsibilities and authorities of States or United States within 
        territorial seas; applicability of State law to facilities 
        located beyond territorial seas

    (1) Except as may otherwise be provided by this chapter, nothing in 
this chapter shall in any way alter the responsibilities and authorities 
of a State or the United States within the territorial seas of the 
United States.
    (2) The law of the nearest adjacent coastal State to which an ocean 
thermal energy conversion facility located beyond the territorial sea 
and licensed under this chapter is connected by electric transmission 
cable or pipeline, now in effect or hereafter adopted, amended, or 
repealed, is declared to be the law of the United States, and shall 
apply to such facility, to the extent applicable and not inconsistent 
with any provision or regulation under this chapter or other Federal 
laws and regulations now in effect or hereafter adopted, amended, or 
repealed: Provided, however, That the application of State taxation laws 
is not extended hereby outside the seaward boundary of any State. All 
such applicable laws shall be administered and enforced by the 
appropriate officers and courts of the United States outside the seaward 
boundary of any State.

(c) Customs laws

    (1) For the purposes of the customs laws administered by the 
Secretary of the Treasury, ocean thermal energy conversion facilities 
and plantships documented under the laws of the United States and 
licensed under this chapter shall be deemed to be vessels.
    (2) Except insofar as they apply to vessels documented under the 
laws of the United States, the customs laws administered by the 
Secretary of the Treasury, including the provisions of the Tariff Act of 
1930, as amended (19 U.S.C. 1202), and other laws codified in title 19, 
shall not apply to any ocean thermal energy conversion facility or 
plantship documented under the laws of the United States and licensed 
under the provisions of this chapter, but all foreign articles to be 
used in the construction of any such facility or plantship, including 
any component thereof, shall first be made subject to all applicable 
duties and taxes which would be imposed upon or by reason of their 
importation if they were imported for consumption in the United States. 
Duties and taxes shall be paid thereon in accordance with laws 
applicable to merchandise imported into the customs territory of the 
United States.

(Pub. L. 96-320, title IV, Sec. 403, Aug. 3, 1980, 94 Stat. 998; Pub. L. 
98-623, title VI, Sec. 602(a)(11), (12), (e)(6), Nov. 8, 1984, 98 Stat. 
3411, 3412.)

                       References in Text

    The customs laws, referred to in subsec. (c), are classified 
generally to Title 19, Customs Duties.
    The Tariff Act of 1930, as amended, referred to in subsec. (c)(2), 
is act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is 
classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19. For 
complete classification of this Act to the Code, see section 1654 of 
Title 19 and Tables.


                               Amendments

    1984--Subsec. (a)(1). Pub. L. 98-623, Sec. 602(a)(11), inserted 
``and all of which is located seaward of the highwater mark,''.
    Subsec. (c)(2). Pub. L. 98-623, Sec. 602(a)(12), substituted ``ocean 
thermal energy conversion facility or plantship documented under the 
laws of the United States and licensed'' for ``ocean thermal energy 
conversion facility or plantship licensed''.
    Pub. L. 98-623, Sec. 602(e)(6), substituted ``Secretary of the 
Treasury, including the provisions of the Tariff Act of 1930, as amended 
(19 U.S.C. 1202), and other laws codified in title 19,'' for ``Secretary 
of the Treasury''.

                    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.
