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42 USC CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND DEVELOPMENT

-CITE-
42 USC CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION
RESEARCH AND DEVELOPMENT 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-MISC1-
Sec.
9001. Congressional findings and declaration of purpose.
9002. Comprehensive program management plan.
(a) Preparation of plan.
(b) Transmittal of plan to Congress.
(c) Requisite provisions of plan.
9003. Research and development.
(a) Initiation of research.
(b) Evaluations, tests, and dissemination of
information, data, and materials.
(c) Consideration of new or improved technologies.
9004. Pilot and demonstration plants.
(a) Initiation of program.
(b) Demonstration program goals.
(c) Financial assistance.
9005. Technology application.
(a) Technology application and market development
plan.
(b) Transmittal of plan to Congress.
(c) Respondent proposals.
9006. Program selection criteria.
9007. Technical Panel of Energy Research Advisory Board.
(a) Establishment.
(b) Membership.
(c) Compliance with laws and regulations.
(d) Review and recommendations.
(e) Report.
(f) Submittal of report to Secretary of Energy.
(g) Cooperation by agency heads.
(h) Staff, funds, and other support from Secretary
of Energy.
9008. Definitions.
9009. Authorization of appropriations.

-End-



-CITE-
42 USC Sec. 9001 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9001. Congressional findings and declaration of purpose

-STATUTE-
(a) The Congress finds that -
(1) the supply of nonrenewable fuels in the United States is
slowly being depleted;
(2) alternative sources of energy must be developed;
(3) ocean thermal energy is a renewable energy resource that
can make a significant contribution to the energy needs of the
United States;
(4) the technology base for ocean thermal energy conversion has
improved over the past two years, and has consequently lowered
the technical risk involved in constructing moderate-sized pilot
plants with an electrical generating capacity of about ten to
forty megawatts;
(5) while the Federal ocean thermal energy conversion program
has grown in size and scope over the past several years, it is in
the national interest to accelerate efforts to commercialize
ocean thermal energy conversion by building pilot and
demonstration facilities and to begin planning for the commercial
demonstration of ocean thermal energy conversion technology;
(6) a strong and innovative domestic industry committed to the
commercialization of ocean thermal energy conversion must be
established, and many competent domestic industrial groups are
already involved in ocean thermal energy conversion research and
development activity; and
(7) consistent with the findings of the Domestic Policy Review
on Solar Energy, ocean thermal energy conversion energy can
potentially contribute at least one-tenth of quad of energy per
year by the year 2000.

(b) Therefore, the purpose of this chapter is to accelerate ocean
thermal energy conversion technology development to provide a
technical base for meeting the following goals:
(1) demonstration by 1986 of at least one hundred megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems;
(2) demonstration by 1989 of at least five hundred megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems;
(3) achievement in the mid-1990's, for the gulf coast region of
the continental United States and for islands in the United
States, its possessions and its territories, an average cost of
electricity or energy product equivalent produced by installed
ocean thermal energy conversion systems that is competitive with
conventional energy sources; and
(4) establish as a national goal ten thousand megawatts of
electrical capacity or energy product equivalent from ocean
thermal energy conversion systems by the year 1999.

-SOURCE-
(Pub. L. 96-310, Sec. 2, July 17, 1980, 94 Stat. 941.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 96-310 provided: "That this Act [enacting
this chapter] may be cited as the 'Ocean Thermal Energy Conversion
Research, Development, and Demonstration Act'."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9005 of this title.

-End-



-CITE-
42 USC Sec. 9002 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9002. Comprehensive program management plan

-STATUTE-
(a) Preparation of plan
(1) The Secretary is authorized and directed to prepare a
comprehensive program management plan for the conduct under this
chapter of research, development, and demonstration activities
consistent with the provisions of sections 9003, 9004, and 9005 of
this title.
(2) In the preparation of such plan, the Secretary shall consult
with the Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Maritime Administration,
the Administrator of the National Aeronautics and Space
Administration, and the heads of such other Federal agencies and
such public and private organizations as he deems appropriate.
(b) Transmittal of plan to Congress
The Secretary shall transmit the comprehensive program management
plan to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate within nine months after July 17, 1980.
(c) Requisite provisions of plan
The detailed description of the comprehensive plan under this
section shall include, but need not be limited to -
(1) the anticipated research, development, and demonstration
objectives to be achieved by the program;
(2) the program strategies and technology application and
market development plans, including detailed milestone goals to
be achieved during the next fiscal year for all major activities
and projects;
(3) a five-year implementation schedule for program elements
with associated budget and program management resources
requirements;
(4) a detailed description of the functional organization of
the program management including identification of permanent test
facilities and of a lead center responsible for technology
support and project management;
(5) the estimated relative financial contributions of the
Federal Government and non-Federal participants in the pilot and
demonstration projects;
(6) supporting research needed to solve problems which may
inhibit or limit development of ocean thermal energy conversion
systems; and
(7) an analysis of the environmental, economic, and societal
impacts of ocean thermal energy conversion facilities.

-SOURCE-
(Pub. L. 96-310, Sec. 3, July 17, 1980, 94 Stat. 942; Pub. L.
104-66, title I, Sec. 1051(c), Dec. 21, 1995, 109 Stat. 716.)


-MISC1-
AMENDMENTS
1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which
read as follows:
"(d)(1) Concurrently with the submission of the President's
annual budget for each subsequent year, the Secretary shall
transmit to the Congress a detailed description of modifications
which may be necessary to revise appropriately the comprehensive
plan as then in effect, setting forth any changes in circumstances
which may have occurred since the plan or the last previous
modification thereof was transmitted in accordance with this
section.
"(2) Such description shall also include a detailed justification
of any such changes, a detailed description of the progress made
toward achieving the goals of this chapter, a statement on the
status of interagency cooperation in meeting such goals, any
comments on and recommendations for improvements in the
comprehensive program management plan made by the Technical Panel
established under section 9007 of this title, and any legislative
or other recommendations which the Secretary may have to help
attain such goals."

-CHANGE-
CHANGE OF NAME
Committee on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of
Representatives by House Resolution No. 5, One Hundredth Congress,
Jan. 6, 1987. Committee on Science, Space, and Technology of House
of Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9007 of this title.

-End-



-CITE-
42 USC Sec. 9003 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9003. Research and development

-STATUTE-
(a) Initiation of research
The Secretary shall initiate research or accelerate existing
research in areas in which the lack of knowledge limits development
of ocean thermal energy conversion systems in order to achieve the
purposes of this chapter.
(b) Evaluations, tests, and dissemination of information, data, and
materials
The Secretary shall conduct evaluations, arrange for tests, and
disseminate to developers information, data, and materials
necessary to support the design efforts undertaken pursuant to
section 9004 of this title. Specific technical areas to be
addressed shall include, but not be limited to -
(1) interface requirements between the platform and cold water
pipe;
(2) cold water pipe deployment techniques;
(3) heat exchangers;
(4) control system simulation;
(5) stationkeeping requirements; and
(6) energy delivery systems, such as electric cable or energy
product transport.
(c) Consideration of new or improved technologies
The Secretary shall, for the purpose of performing his
responsibilities pursuant to this chapter, solicit proposals and
evaluate any reasonable new or improved technology, a description
of which is submitted to the Secretary in writing, which could lead
or contribute to the development of ocean thermal energy conversion
system technology.

-SOURCE-
(Pub. L. 96-310, Sec. 4, July 17, 1980, 94 Stat. 943.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9002 of this title.

-End-



-CITE-
42 USC Sec. 9004 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9004. Pilot and demonstration plants

-STATUTE-
(a) Initiation of program
The Secretary is authorized to initiate a program to design,
construct, and operate well instrumented ocean thermal energy
conversion facilities of sufficient size to demonstrate the
technical feasibility and potential economic feasibility of
utilizing the various forms of ocean thermal energy conversion to
displace nonrenewable fuels. To achieve the goals of this section
and to facilitate development of a strong industrial basis for the
application of ocean thermal energy conversion system technology,
at least two independent parallel demonstration projects shall be
competitively selected.
(b) Demonstration program goals
The specific goals of the demonstration program shall include at
a minimum -
(1) the demonstration of ocean thermal energy conversion
technical feasibility through multiple pilot and demonstration
plants with a combined capacity of at least one hundred megawatts
of electrical capacity or energy product equivalent by the year
1986;
(2) the delivery of baseload electricity to utilities located
on land or the production of commercially attractive quantities
of energy product; and
(3) the continuous operation of each pilot and demonstration
facility for a sufficient period of time to collect and analyze
system performance and reliability data.
(c) Financial assistance
In providing any financial assistance under this section, the
Secretary shall (1) give full consideration to those projects which
will provide energy to United States offshore States, its
territories, and its possessions and (2) seek satisfactory
cost-sharing arrangements when he deems such arrangements to be
appropriate.

-SOURCE-
(Pub. L. 96-310, Sec. 5, July 17, 1980, 94 Stat. 943.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9002, 9003, 9009 of this
title.

-End-



-CITE-
42 USC Sec. 9005 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9005. Technology application

-STATUTE-
(a) Technology application and market development plan
The Secretary shall, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration, the
Administrator of the Maritime Administration, the Administrator of
the National Aeronautics and Space Administration, and the
Technical Panel established under section 9007 of this title,
prepare a comprehensive technology application and market
development plan that will permit realization of the
ten-thousand-megawatt national goal by the year 1999. Such plans
shall include at a minimum -
(1) an assessment of those Government actions required to
achieve a two-hundred- to four-hundred-megawatt
electrical-commercial demonstration of ocean thermal energy
conversion systems in time to have industry meet the goal
contained in section 9001(b)(2) of this title including a listing
of those financial, property, and patent right packages most
likely to lead to early commercial demonstration at minimum cost
to the Federal Government;
(2) an assessment of further Government actions required to
permit expansion of the domestic ocean thermal energy conversion
industry to meet the goal contained in section 9001(b)(3) of this
title;
(3) an analysis of further Government actions necessary to aid
the industry in minimizing and removing any legal and
institutional barriers such as the designation of a lead agency;
and
(4) an assessment of the necessary Government actions to assist
in eliminating economic uncertainties through financial
incentives, such as loan guarantees, price supports, or other
inducements.
(b) Transmittal of plan to Congress
The Secretary shall transmit such comprehensive technology
application and market development plan to the Congress within
three years after July 17, 1980, and update the plan on an annual
basis thereafter.
(c) Respondent proposals
As part of the competitive procurement initiative for design and
construction of the pilot and demonstration projects authorized in
section 9009(c) of this title, each respondent shall include in its
proposal (1) a plan leading to a full-scale, first-of-a-kind
facility based on a proposed demonstration system; and (2) the
financial and other contributions the respondent will make toward
meeting the national goals.

-SOURCE-
(Pub. L. 96-310, Sec. 6, July 17, 1980, 94 Stat. 944.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9002 of this title.

-End-



-CITE-
42 USC Sec. 9006 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9006. Program selection criteria

-STATUTE-
The Secretary shall, in fulfilling his responsibilities under
this chapter, select program activities and set priorities which
are consistent with the following criteria:
(1) realization of energy production costs for ocean thermal
energy conversion systems that are competitive with costs from
conventional energy production systems;
(2) encouragement of projects for which contributions to
project costs are forthcoming from private, industrial, utility,
or governmental entities for the purpose of sharing with the
Federal Government the costs of purchasing and installing ocean
thermal energy conversion systems;
(3) promotion of ocean thermal energy conversion facilities for
coastal areas, islands, and isolated military institutions which
are vulnerable to interruption in the fossil fuel supply;
(4) preference for and priority to persons and domestic firms
whose base of operations is in the United States as will assure
that the program under this chapter promotes the development of a
United States domestic technology for ocean thermal energy
conversion; and
(5) preference for proposals for pilot and demonstration
projects in which the respondents certify their intent to become
an integral part of the industrial infrastructure necessary to
meet the goals of this chapter.

-SOURCE-
(Pub. L. 96-310, Sec. 7, July 17, 1980, 94 Stat. 944.)

-End-



-CITE-
42 USC Sec. 9007 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9007. Technical Panel of Energy Research Advisory Board

-STATUTE-
(a) Establishment
A Technical Panel of the Energy Research Advisory Board shall be
established to advise the Board on the conduct of the ocean thermal
energy conversion program.
(b) Membership
(1) The Technical Panel shall be comprised of such
representatives from domestic industry, universities, Government
laboratories, financial, environmental and other organizations as
the Chairman of the Energy Research Advisory Board deems
appropriate based on his assessment of the technical and other
qualifications of such representative.
(2) Members of the Technical Panel need not be members of the
full Energy Research Advisory Board.
(c) Compliance with laws and regulations
The activities of the Technical Panel shall be in compliance with
any laws and regulations guiding the activities of technical and
fact-finding groups reporting to the Energy Research Advisory
Board.
(d) Review and recommendations
The Technical Panel shall review and may make recommendations on
the following items, among others:
(1) implementation and conduct of the programs established by
this chapter;
(2) definition of ocean thermal energy conversion system
performance requirements for various user applications; and
(3) economic, technological, and environmental consequences of
the deployment of ocean thermal energy conversion systems.
(e) Report
The Technical Panel shall submit to the Energy Research Advisory
Board on at least an annual basis a written report of its findings
and recommendations with regard to the program. Such report, shall
include at a minimum -
(1) a summary of the Panel's activities for the preceding year;
(2) an assessment and evaluation of the status of the programs
mandated by this chapter; and
(3) comments on and recommendations for improvements in the
comprehensive program management plan required under section 9002
of this title.
(f) Submittal of report to Secretary of Energy
After consideration of the Technical Panel report, the Energy
Research Advisory Board shall submit such report, together with any
comments such Board deems appropriate, to the Secretary.
(g) Cooperation by agency heads
The heads of the departments, agencies, and instrumentalities of
the executive branch of the Federal Government shall cooperate with
the Technical Panel in carrying out the requirements of this
section and shall furnish to the Technical Panel such information
as the Technical Panel deems necessary to carry out this section.
(h) Staff, funds, and other support from Secretary of Energy
The Secretary shall provide sufficient staff, funds, and other
support as necessary to enable the Technical Panel to carry out the
functions described in this section.

-SOURCE-
(Pub. L. 96-310, Sec. 8, July 17, 1980, 94 Stat. 945.)


-MISC1-
TERMINATION OF ADVISORY PANELS
Advisory panels established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a panel
established by the President or an officer of the Federal
Government, such panel is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a panel
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9005 of this title.

-End-



-CITE-
42 USC Sec. 9008 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9008. Definitions

-STATUTE-
As used in this chapter, the term -
(1) "ocean thermal energy conversion" means a method of
converting part of the heat from the Sun which is stored in the
surface layers of a body of water into electrical energy or
energy product equivalent;
(2) "energy product equivalent" means an energy carrier
including, but not limited to, ammonia, hydrogen, or molten salts
or an energy-intensive commodity, including, but not limited to,
electrometals, fresh water, or nutrients for aquaculture; and
(3) "Secretary" means the Secretary of Energy.

-SOURCE-
(Pub. L. 96-310, Sec. 9, July 17, 1980, 94 Stat. 946.)

-End-



-CITE-
42 USC Sec. 9009 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 98 - OCEAN THERMAL ENERGY CONVERSION RESEARCH AND
DEVELOPMENT

-HEAD-
Sec. 9009. Authorization of appropriations

-STATUTE-
(a) There is hereby authorized to be appropriated to carry out
the purposes of this chapter the sum of $20,000,000 for operating
expenses for the fiscal year ending September 30, 1981, in addition
to any amounts authorized to be appropriated in the fiscal year
1981 Authorization Act pursuant to section 7270 of this title.
(b) There is hereby authorized to be appropriated to carry out
the purposes of this chapter the sum of $60,000,000 for operating
expenses for the fiscal year ending September 30, 1982.
(c) Funds are hereby authorized to be appropriated for fiscal
year 1981 to carry out the purposes of section 9004 of this title
for plant and capital equipment as follows:
Project 81-ES-1, ocean thermal energy conversion demonstration
plants with a combined capacity of at least one hundred megawatts
electrical or the energy product equivalent, sites to be
determined, conceptual and preliminary design activities only
$5,000,000.
(d) Funds are hereby authorized to be appropriated for fiscal
year 1982 to carry out the purposes of section 9004 of this title
for plant and capital equipment as follows:
Project 81-ES-1, ocean thermal energy conversion demonstration
plants with a combined capacity of at least one hundred megawatts
electrical or the energy product equivalent, sites to be
determined, conceptual and preliminary design activities only
$25,000,000.

-SOURCE-
(Pub. L. 96-310, Sec. 10, July 17, 1980, 94 Stat. 946.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9005 of this title.

-End-