42 U.S.C. § 9115 : US Code - Section 9115: Adjacent coastal States

Search 42 U.S.C. § 9115 : US Code - Section 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.