--- kind: "section" citation: "42 U.S.C. § 9115" title: "42" title_heading: "The Public Health and Welfare" number: "9115" heading: "Adjacent coastal States" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/9115" units: - "Chapter 99 — Ocean Thermal Energy Conversion" - "Subchapter I — Regulation of Ocean Thermal Energy Conversion Facilities and Plantships" --- # §9115. Adjacent coastal States - (a) **Designation of adjacent coastal State—** - (1) The [Administrator](/usc/42/9102.md?p=2), in issuing notice of [application](/usc/42/9102.md?p=4) pursuant to [section 9112(d) of this title](/usc/42/9112.md?p=d), shall designate as an “[adjacent coastal State](/usc/42/9102.md?p=1)” any [coastal State](/usc/42/9102.md?p=5) which (A) would be directly connected by electric transmission cable or pipeline to an [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) as proposed in an [application](/usc/42/9102.md?p=4), or (B) in whose waters any part of such proposed [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) would be located, or (C) in whose waters an [ocean thermal energy conversion plantship](/usc/42/9102.md?p=12) would be operated as proposed in an [application](/usc/42/9102.md?p=4). - (2) The [Administrator](/usc/42/9102.md?p=2) shall, upon request of a [State](/usc/42/9102.md?p=15), designate such [State](/usc/42/9102.md?p=15) as an “[adjacent coastal State](/usc/42/9102.md?p=1)” if he determines (A) that there is a risk of damage to the coastal environment of such [State](/usc/42/9102.md?p=15) equal to or greater than the risk posed to a [State](/usc/42/9102.md?p=15) required to be designated as an “[adjacent coastal State](/usc/42/9102.md?p=1)” by paragraph (1) of this subsection or (B) that the [thermal plume](/usc/42/9102.md?p=17) of the proposed [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13) is likely to impinge on so as to degrade the thermal gradient at possible locations for [ocean thermal energy conversion facilities](/usc/42/9102.md?p=11) which could reasonably be expected to be directly connected by electric transmission cable or pipeline to such [State](/usc/42/9102.md?p=15). This paragraph shall apply only with respect to requests made by a [State](/usc/42/9102.md?p=15) not later than the 14th day after the date of publication of notice of [application](/usc/42/9102.md?p=4) for a proposed [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) in the Federal Register in accordance with [section 9112(d) of this title](/usc/42/9112.md?p=d). The [Administrator](/usc/42/9102.md?p=2) 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](/usc/42/9102.md?p=15). - (b) **State coastal zone management program—** - (1) Not later than 5 days after the designation of an [adjacent coastal State](/usc/42/9102.md?p=1) pursuant to this section, the [Administrator](/usc/42/9102.md?p=2) shall transmit a complete copy of the [application](/usc/42/9102.md?p=4) to the [Governor](/usc/42/9102.md?p=8) of such [State](/usc/42/9102.md?p=15). The [Administrator](/usc/42/9102.md?p=2) shall not issue a license without consultation with the [Governor](/usc/42/9102.md?p=8) of each [adjacent coastal State](/usc/42/9102.md?p=1) 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](/usc/16/1451.md) et seq.). If the [Governor](/usc/42/9102.md?p=8) of such a [State](/usc/42/9102.md?p=15) has not transmitted his approval or disapproval to the [Administrator](/usc/42/9102.md?p=2) by the 45th day after public hearings on the [application](/usc/42/9102.md?p=4) are concluded pursuant to [section 9112(g) of this title](/usc/42/9112.md?p=g), such approval shall be conclusively presumed. If the [Governor](/usc/42/9102.md?p=8) of such a [State](/usc/42/9102.md?p=15) notifies the [Administrator](/usc/42/9102.md?p=2) that an [application](/usc/42/9102.md?p=4) which the [Governor](/usc/42/9102.md?p=8) would otherwise approve pursuant to this paragraph is inconsistent in some respect with the [State](/usc/42/9102.md?p=15)’s coastal zone management program, the [Administrator](/usc/42/9102.md?p=2) shall condition the license granted so as to make it consistent with such [State](/usc/42/9102.md?p=15) program. - (2) Any [adjacent coastal State](/usc/42/9102.md?p=1) which does not have an approved coastal zone management program in good standing, and any other interested [State](/usc/42/9102.md?p=15), shall have the opportunity to make its views known to, and to have them given full consideration by, the [Administrator](/usc/42/9102.md?p=2) regarding the location, [construction](/usc/42/9102.md?p=6), and operation of an [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13). - (c) **Agreements and compacts between States—** The consent of Congress is given to 2 or more [States](/usc/42/9102.md?p=15) to negotiate and enter into agreements or [compacts](/usc/42/2021b.md?p=4), not in conflict with any law or treaty of the United States, (1) to apply for a license for the ownership, [construction](/usc/42/9102.md?p=6), and operation of an [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13) or for the transfer of such a license, and (2) to establish such [agencies](/usc/42/8262.md?p=1), joint or otherwise, as are deemed necessary or appropriate for implementing and carrying out the provisions of any such agreement or [compact](/usc/42/2021b.md?p=4). Such agreement or [compact](/usc/42/2021b.md?p=4) shall be binding and obligatory upon any [State](/usc/42/9102.md?p=15) or other party thereto without further approval by the Congress. ## Source credit (Pub. L. 96–320, title I, § 105, Aug. 3, 1980, 94 Stat. 983; Pub. L. 98–623, title VI, § 602(e)(12)–(14), Nov. 8, 1984, 98 Stat. 3412.) ## Notes ### Editorial Notes ### References in Text The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), referred to in subsec. (b)(1), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. ### Amendments 1984—Subsec. (a)(2). Pub. L. 98–623, § 602(e)(12), substituted “(A) that” for “that (A)”. Subsec. (b)(1). Pub. L. 98–623, § 602(e)(13), (14), substituted “of an adjacent coastal State” for “of adjacent coastal State” and “application are concluded” for “application is concluded”.