42 U.S.C. § 9119 : US Code - Section 9119: Prevention of interference with other uses of high seas

Search 42 U.S.C. § 9119 : US Code - Section 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.