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30 USC CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-CITE-
30 USC CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES ACT

-HEAD-
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-MISC1-
Sec.
1401. Congressional findings and declaration of purpose.
(a) Findings.
(b) Purposes.
1402. International objectives.
(a) Disclaimer of extraterritorial sovereignty.
(b) Secretary of State.
1403. Definitions.

SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS
1411. Prohibited activities by United States citizens.
(a) Prohibited activities and exceptions.
(b) Existing exploration.
(c) Interference.
1412. Licenses for exploration and permits for commercial
recovery.
(a) Authority to issue.
(b) Nature of licenses and permits.
(c) Restrictions.
1413. License and permit applications, review, and
certification.
(a) Applications.
(b) Priority of right for issuance.
(c) Eligibility for certification.
(d) Antitrust review.
(e) Other Federal agencies.
(f) Review period.
(g) Application certification.
1414. License and permit fees.
1415. License and permit terms, conditions, and
restrictions; issuance and transfer of licenses and
permits.
(a) Eligibility for issuance or transfer of license
or permit.
(b) Issuance and transfer of licenses and permits
with terms, conditions, and restrictions.
(c) Modification and revision of terms, conditions,
and restrictions.
(d) Prior consultations.
1416. Denial of certification of applications and of
issuance, transfer, suspension, and revocation of
licenses and permits; suspension and modification of
activities.
(a) Denial, suspension, modification, and
revocation.
(b) Administrative review of proposed denial,
suspension, modification, or revocation.
(c) Effect on activities; emergency orders.
(d) Judicial review.
1417. Duration of licenses and permits.
(a) Duration of a license.
(b) Duration of a permit.
1418. Diligence requirements.
(a) In general.
(b) Expenditures.
(c) Commercial recovery.
1419. Protection of the environment.
(a) Environmental assessment.
(b) Terms, conditions, and restrictions.
(c) Programmatic environmental impact statement.
(d) Environmental impact statements on issuance of
licenses and permits.
(e) Effect on other law.
(f) Stable reference areas.
1420. Conservation of natural resources.
1421. Prevention of interference with other uses of the high
seas.
1422. Safety of life and property at sea.
(a) Conditions regarding vessels.
(b) Applicability of other laws.
1423. Records, audits, and public disclosure.
(a) Records and audits.
(b) Submission of data and information.
(c) Public disclosure.
1424. Monitoring of activities of licensees and permittees.
1425. Relinquishment, surrender, and transfer of licenses
and permits.
(a) Relinquishment and surrender.
(b) Transfer.
1426. Public notice and hearings.
(a) Required procedures.
(b) Adjudicatory hearing.
1427. Civil actions.
(a) Equitable relief.
(b) Notice.
(c) Costs and fees.
(d) Relationship to other law.
1428. Reciprocating states.
(a) Designation.
(b) Effect of designation.
(c) Notification.
(d) Revocation of reciprocating state status.
(e) Authorization.
(f) International consultations.

SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
1441. Declaration of Congressional intent.
1442. Effect of international agreement.
1443. Protection of interim investments.
1444. Disclaimer of obligation to pay compensation.

SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
1461. Prohibited acts.
1462. Civil penalties.
(a) Assessment of penalty.
(b) Review of civil penalty.
(c) Action upon failure to pay assessment.
(d) Compromise or other action by the
Administrator.
1463. Criminal offenses.
(a) Offense.
(b) Punishment.
1464. Enforcement.
(a) Responsibility.
(b) Powers of authorized officers.
(c) Definitions.
(d) Proprietary information.
1465. Liability of vessels.
1466. Civil forfeitures.
(a) In general.
(b) Jurisdiction of courts.
(c) Judgment.
(d) Procedure.
(e) Rebuttable presumption.
1467. Jurisdiction of courts.
1468. Regulations.
(a) Proposed regulations.
(b) Final regulations.
(c) Amendments.
(d) Consistency.
1469. Omitted.
1470. Authorization of appropriations.
1471. Severability.
1472. Deep Seabed Revenue Sharing Trust Fund; establishment.
(a) Creation of Trust Fund.
(b) Transfer to Trust Fund of amounts equivalent to
certain taxes.
(c) Management of Trust Fund.
(d) Expenditures from Trust Fund.
(e) Use of funds.
(f) International deep seabed treaty.
1473. Revenue and customs or tariff treatment of deep seabed
mining unaffected.

-End-



-CITE-
30 USC Sec. 1401 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
Sec. 1401. Congressional findings and declaration of purpose

-STATUTE-
(a) Findings
The Congress finds that -
(1) the United States' requirements for hard minerals to
satisfy national industrial needs will continue to expand and the
demand for such minerals will increasingly exceed the available
domestic sources of supply;
(2) in the case of certain hard minerals, the United States is
dependent upon foreign sources of supply and the acquisition of
such minerals from foreign sources is a significant factor in the
national balance-of-payments position;
(3) the present and future national interest of the United
States requires the availability of hard mineral resources which
is independent of the export policies of foreign nations;
(4) there is an alternate source of supply, which is
significant in relation to national needs, of certain hard
minerals, including nickel, copper, cobalt, and manganese,
contained in the nodules existing in great abundance on the deep
seabed;
(5) the nations of the world, including the United States, will
benefit if the hard mineral resources of the deep seabed beyond
limits of national jurisdiction can be developed and made
available for their use;
(6) in particular, future access to the nickel, copper, cobalt,
and manganese resources of the deep seabed will be important to
the industrial needs of the nations of the world, both developed
and developing;
(7) on December 17, 1970, the United States supported (by
affirmative vote) the United Nations General Assembly Resolution
2749 (XXV) declaring inter alia the principle that the mineral
resources of the deep seabed are the common heritage of mankind,
with the expectation that this principle would be legally defined
under the terms of a comprehensive international Law of the Sea
Treaty yet to be agreed upon;
(8) it is in the national interest of the United States and
other nations to encourage a widely acceptable Law of the Sea
Treaty, which will provide a new legal order for the oceans
covering a broad range of ocean interests, including exploration
for and commercial recovery of hard mineral resources of the deep
seabed;
(9) the negotiations to conclude such a Treaty and establish
the international regime governing the exercise of rights over,
and exploration of, the resources of the deep seabed, referred to
in General Assembly Resolution 2749 (XXV) are in progress but may
not be concluded in the near future;
(10) even if such negotiations are completed promptly, much
time will elapse before such an international regime is
established and in operation;
(11) development of technology required for the exploration and
recovery of hard mineral resources of the deep seabed will
require substantial investment for many years before commercial
production can occur, and must proceed at this time if deep
seabed minerals are to be available when needed;
(12) it is the legal opinion of the United States that
exploration for and commercial recovery of hard mineral resources
of the deep seabed are freedoms of the high seas subject to a
duty of reasonable regard to the interests of other states in
their exercise of those and other freedoms recognized by general
principles of international law;
(13) pending a Law of the Sea Treaty, and in the absence of
agreement among states on applicable principles of international
law, the uncertainty among potential investors as to the future
legal regime is likely to discourage or prevent the investments
necessary to develop deep seabed mining technology;
(14) pending a Law of the Sea Treaty, the protection of the
marine environment from damage caused by exploration or recovery
of hard mineral resources of the deep seabed depends upon the
enactment of suitable interim national legislation;
(15) a Law of the Sea Treaty is likely to establish financial
arrangements which obligate the United States or United States
citizens to make payments to an international organization with
respect to exploration or recovery of the hard mineral resources
of the deep seabed; and
(16) legislation is required to establish an interim legal
regime under which technology can be developed and the
exploration and recovery of the hard mineral resources of the
deep seabed can take place until such time as a Law of the Sea
Treaty enters into force with respect to the United States.
(b) Purposes
The Congress declares that the purposes of this chapter are -
(1) to encourage the successful conclusion of a comprehensive
Law of the Sea Treaty, which will give legal definition to the
principle that the hard mineral resources of the deep seabed are
the common heritage of mankind and which will assure, among other
things, nondiscriminatory access to such resources for all
nations;
(2) pending the ratification by, and entering into force with
respect to, the United States of such a Treaty, to provide for
the establishment of an international revenue-sharing fund the
proceeds of which shall be used for sharing with the
international community pursuant to such Treaty;
(3) to establish, pending the ratification by, and entering
into force with respect to, the United States of such a Treaty,
an interim program to regulate the exploration for and commercial
recovery of hard mineral resources of the deep seabed by United
States citizens;
(4) to accelerate the program of environmental assessment of
exploration for and commercial recovery of hard mineral resources
of the deep seabed and assure that such exploration and recovery
activities are conducted in a manner which will encourage the
conservation of such resources, protect the quality of the
environment, and promote the safety of life and property at sea;
and
(5) to encourage the continued development of technology
necessary to recover the hard mineral resources of the deep
seabed.

-SOURCE-
(Pub. L. 96-283, Sec. 2, June 28, 1980, 94 Stat. 553.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 96-283, June 28, 1980, 94 Stat. 553, as
amended, known as the Deep Seabed Hard Mineral Resources Act, which
is classified principally to this chapter (Sec. 1401 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.


-MISC1-
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-507, Sec. 1, Oct. 21, 1986, 100 Stat. 1847, provided
that: "This Act [amending section 1470 of this title] may be cited
as the 'Deep Seabed Hard Mineral Resources Reauthorization Act of
1986'."

SHORT TITLE
Section 1 of Pub. L. 96-283 provided that: "This Act [enacting
this chapter and sections 4495 to 4498 of Title 26, Internal
Revenue Code, and enacting a provision set out as a note under
section 4495 of Title 26] may be cited as the 'Deep Seabed Hard
Mineral Resources Act'."

-End-



-CITE-
30 USC Sec. 1402 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
Sec. 1402. International objectives

-STATUTE-
(a) Disclaimer of extraterritorial sovereignty
By the enactment of this chapter, the United States -
(1) exercises its jurisdiction over United States citizens and
vessels, and foreign persons and vessels otherwise subject to its
jurisdiction, in the exercise of the high seas freedom to engage
in exploration for, and commercial recovery of, hard mineral
resources of the deep seabed in accordance with generally
accepted principles of international law recognized by the United
States; but
(2) does not thereby assert sovereignty or sovereign or
exclusive rights or jurisdiction over, or the ownership of, any
areas or resources in the deep seabed.
(b) Secretary of State
(1) The Secretary of State is encouraged to negotiate
successfully a comprehensive Law of the Sea Treaty which, among
other things, provides assured and nondiscriminatory access to the
hard mineral resources of the deep seabed for all nations, gives
legal definition to the principle that the resources of the deep
seabed are the common heritage of mankind, and provides for the
establishment of requirements for the protection of the quality of
the environment as stringent as those promulgated pursuant to this
chapter.
(2) Until such a Treaty is concluded, the Secretary of State is
encouraged to promote any international actions necessary to
adequately protect the environment from adverse impacts which may
result from any exploration for and commercial recovery of hard
mineral resources of the deep seabed carried out by persons not
subject to this chapter.

-SOURCE-
(Pub. L. 96-283, Sec. 3, June 28, 1980, 94 Stat. 555.)

-End-



-CITE-
30 USC Sec. 1403 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-HEAD-
Sec. 1403. Definitions

-STATUTE-
For purposes of this chapter, the term -
(1) "commercial recovery" means -
(A) any activity engaged in at sea to recover any hard
mineral resource at a substantial rate for the primary purpose
of marketing or commercially using such resource to earn a net
profit, whether or not such net profit is actually earned;
(B) if such recovered hard mineral resource will be processed
at sea, such processing; and
(C) if the waste of such activity to recover any hard mineral
resource, or of such processing at sea, will be disposed of at
sea, such disposal;

(2) "Continental Shelf" means -
(A) the seabed and subsoil of the submarine areas adjacent to
the coast, but outside the area of the territorial sea, to a
depth of 200 meters or, beyond that limit, to where the depth
of the superjacent waters admits of the exploitation of the
natural resources of such submarine area; and
(B) the seabed and subsoil of similar submarine areas
adjacent to the coast of islands;

(3) "controlling interest", for purposes of paragraph 14(C) of
this section, means a direct or indirect legal or beneficial
interest in or influence over another person arising through
ownership of capital stock, interlocking directorates or
officers, contractual relations, or other similar means, which
substantially affect the independent business behavior of such
person;
(4) "deep seabed" means the seabed, and the subsoil thereof to
a depth of ten meters, lying seaward of and outside -
(A) the Continental Shelf of any nation; and
(B) any area of national resource jurisdiction of any foreign
nation, if such area extends beyond the Continental Shelf of
such nation and such jurisdiction is recognized by the United
States;

(5) "exploration" means -
(A) any at-sea observation and evaluation activity which has,
as its objective, the establishment and documentation of -
(i) the nature, shape, concentration, location, and tenor
of a hard mineral resource; and
(ii) the environmental, technical, and other appropriate
factors which must be taken into account to achieve
commercial recovery; and

(B) the taking from the deep seabed of such quantities of any
hard mineral resource as are necessary for the design,
fabrication, and testing of equipment which is intended to be
used in the commercial recovery and processing of such
resource;

(6) "hard mineral resource" means any deposit or accretion on,
or just below, the surface of the deep seabed of nodules which
include one or more minerals, at least one of which contains
manganese, nickel, cobalt, or copper;
(7) "international agreement" means a comprehensive agreement
concluded through negotiations at the Third United Nations
Conference on the Law of the Sea, relating to (among other
matters) the exploration for and commercial recovery of hard
mineral resources and the establishment of an international
regime for the regulation thereof;
(8) "licensee" means the holder of a license issued under
subchapter I of this chapter to engage in exploration;
(9) "permittee" means the holder of a permit issued under
subchapter I of this chapter to engage in commercial recovery;
(10) "person" means any United States citizen, any individual,
and any corporation, partnership, joint venture, association, or
other entity organized or existing under the laws of any nation;
(11) "reciprocating state" means any foreign nation designated
as such by the Administrator under section 1428 of this title;
(12) "Administrator" means the Administrator of the National
Oceanic and Atmospheric Administration;
(13) "United States" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, and any other Commonwealth,
territory, or possession of the United States; and
(14) "United States citizen" means -
(A) any individual who is a citizen of the United States;
(B) any corporation, partnership, joint venture, association,
or other entity organized or existing under the laws of any of
the United States; and
(C) any corporation, partnership, joint venture, association,
or other entity (whether organized or existing under the laws
of any of the United States or a foreign nation) if the
controlling interest in such entity is held by an individual or
entity described in subparagraph (A) or (B).

-SOURCE-
(Pub. L. 96-283, Sec. 4, June 28, 1980, 94 Stat. 555.)

-End-


-CITE-
30 USC SUBCHAPTER I - REGULATION OF EXPLORATION AND
COMMERCIAL RECOVERY BY UNITED STATES CITIZENS 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS

-HEAD-
SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1403, 1441, 1442,
1444, 1464, 1465, 1468, 1470 of this title.

-End-



-CITE-
30 USC Sec. 1411 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS

-HEAD-
Sec. 1411. Prohibited activities by United States citizens

-STATUTE-
(a) Prohibited activities and exceptions
(1) No United States citizen may engage in any exploration or
commercial recovery unless authorized to do so under -
(A) a license or a permit issued under this subchapter;
(B) a license, permit, or equivalent authorization issued by a
reciprocating state; or
(C) an international agreement which is in force with respect
to the United States.

(2) The prohibitions of this subsection shall not apply to any of
the following activities:
(A) Scientific research, including that concerning hard mineral
resources.
(B) Mapping, or the taking of any geophysical, geochemical,
oceanographic, or atmospheric measurements or random bottom
samplings of the deep seabed, if such taking does not
significantly alter the surface or subsurface of the deep seabed
or significantly affect the environment.
(C) The design, construction, or testing of equipment and
facilities which will or may be used for exploration or
commercial recovery, if such design, construction, or testing is
conducted on shore, or does not involve the recovery of any but
incidental hard mineral resources.
(D) The furnishing of machinery, products, supplies, services,
or materials for any exploration or commercial recovery conducted
under a license or permit issued under this subchapter, a license
or permit or equivalent authorization issued by a reciprocating
state, or under an international agreement.
(E) Activities, other than exploration or commercial recovery
activities, of the Federal Government.
(b) Existing exploration
(1) Subsection (a)(1)(A) of this section shall not be deemed to
prohibit any United States citizen who is engaged in exploration
before June 28, 1980, from continuing to engage in such exploration
-
(A) if such citizen applies for a license under section 1413(a)
of this title with respect to such exploration within such
reasonable period of time, after the date on which initial
regulations to implement section 1413(a) of this title are
issued, as the Administrator shall prescribe; and
(B) until such license is issued to such citizen or a final
administrative or judicial determination is made affirming the
denial of certification of the application for, or issuance of,
such license.

(2) Notwithstanding paragraph (1), if the President by Executive
order determines that immediate suspension of exploration
activities is necessary for the reasons set forth in section
1416(a)(2)(B) of this title or the Administrator determines that
immediate suspension of activities is necessary to prevent a
significant adverse effect on the environment or to preserve the
safety of life and property at sea, the Administrator is
authorized, notwithstanding any other requirement of this chapter,
to issue an emergency order requiring any United States citizen who
is engaged in exploration before June 28, 1980, to immediately
suspend exploration activities. The issuance of such emergency
order is subject to judicial review as provided in chapter 7 of
title 5.
(3) The timely filing of any application for a license under
paragraph (1)(A) shall entitle the applicant to priority of right
for the issuance of such license under section 1413(b) of this
title. In any case in which more than one application referred to
in paragraph (1) is filed based on exploration plans required by
section 1413(a)(2) of this title which refer to all or part of the
same deep seabed area, the Administrator shall, in taking action on
such applications, apply principles of equity which take into
consideration, among other things, the date on which the applicants
or predecessors in interest, or component organizations thereof,
commenced exploration activities and the continuity and extent of
such exploration and amount of funds expended with respect to such
exploration.
(c) Interference
No United States citizen may interfere or participate in
interference with any activity conducted by any licensee or
permittee which is authorized to be undertaken under a license or
permit issued by the United States to the licensee or permittee
under this chapter or with any activity conducted by the holder of,
and authorized to be undertaken under, a license or permit or
equivalent authorization issued by a reciprocating state for the
exploration or commercial recovery of hard mineral resources.
United States citizens shall exercise their rights on the high seas
with reasonable regard for the interests of other states in their
exercise of the freedoms of the high seas.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 101, June 28, 1980, 94 Stat. 557.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1413 of this title.

-End-



-CITE-
30 USC Sec. 1412 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS

-HEAD-
Sec. 1412. Licenses for exploration and permits for commercial
recovery

-STATUTE-
(a) Authority to issue
Subject to the provisions of this chapter, the Administrator
shall issue to applicants who are eligible therefor licenses for
exploration and permits for commercial recovery.
(b) Nature of licenses and permits
(1) A license or permit issued under this subchapter shall
authorize the holder thereof to engage in exploration or commercial
recovery, as the case may be, consistent with the provisions of
this chapter, the regulations issued by the Administrator to
implement the provisions of this chapter, and the specific terms,
conditions, and restrictions applied to the license or permit by
the Administrator.
(2) Any license or permit issued under this subchapter shall be
exclusive with respect to the holder thereof as against any other
United States citizen or any citizen, national or governmental
agency of, or any legal entity organized or existing under the laws
of, any reciprocating state.
(3) A valid existing license shall entitle the holder, if
otherwise eligible under the provisions of this chapter and
regulations issued under this chapter, to a permit for commercial
recovery. Such a permit recognizes the right of the holder to
recover hard mineral resources, and to own, transport, use, and
sell hard mineral resources recovered, under the permit and in
accordance with the requirements of this chapter.
(4) In the event of interference with the exploration or
commercial recovery activities of a licensee or permittee by
nationals of other states, the Secretary of State shall use all
peaceful means to resolve the controversy by negotiation,
conciliation, arbitration, or resort to agreed tribunals.
(c) Restrictions
(1) The Administrator may not issue -
(A) any license or permit after the date on which an
international agreement is ratified by and enters into force with
respect to the United States, except to the extent that issuance
of such license or permit is not inconsistent with such
agreement;
(B) any license or permit the exploration plan or recovery plan
of which, submitted pursuant to section 1413(a)(2) of this title,
would apply to an area to which applies, or would conflict with,
(i) any exploration plan or recovery plan submitted with any
pending application to which priority of right for issuance
applies under section 1413(b) of this title, (ii) any exploration
plan or recovery plan associated with any existing license or
permit, or (iii) any equivalent authorization which has been
issued, or for which formal notice of application has been
submitted, by a reciprocating state prior to the filing date of
any relevant application for licenses or permits pursuant to this
subchapter;
(C) a permit authorizing commercial recovery within any area of
the deep seabed in which exploration is authorized under a valid
existing license if such permit is issued to other than the
licensee for such area;
(D) any exploration license before July 1, 1981, or any permit
which authorizes commercial recovery to commence before January
1, 1988;
(E) any license or permit the exploration plan or recovery plan
for which applies to any area of the deep seabed if, within the
3-year period before the date of application for such license or
permit, (i) the applicant therefor surrendered or relinquished
such area under an exploration plan or recovery plan associated
with a previous license or permit issued to such applicant, or
(ii) a license or permit previously issued to the applicant had
an exploration plan or recovery plan which applied to such area
and such license or permit was revoked under section 1416 of this
title; or
(F) a license or permit, or approve the transfer of a license
or permit, except to a United States citizen.

(2) No permittee may use any vessel for the commercial recovery
of hard mineral resources or for the processing at sea of hard
mineral resources recovered under the permit issued to the
permittee unless the vessel is documented under the laws of the
United States.
(3) Each permittee shall use at least one vessel documented under
the laws of the United States for the transportation from each
mining site of hard mineral resources recovered under the permit
issued to the permittee.
(4) For purposes of the shipping laws of the United States, any
vessel documented under the laws of the United States and used in
the commercial recovery, processing, or transportation from any
mining site of hard mineral resources recovered under a permit
issued under this subchapter shall be deemed to be used in, and
used in an essential service in, the foreign commerce or foreign
trade of the United States, as defined in section 1244(a) of title
46, Appendix, and shall be deemed to be a vessel as defined in
section 1271(b) of title 46, Appendix.
(5) Except as otherwise provided in this paragraph, the
processing on land of hard mineral resources recovered pursuant to
a permit shall be conducted within the United States: Provided,
That the President does not determine that such restrictions
contravene the overriding national interests of the United States.
The Administrator may allow the processing of hard mineral
resources at a place other than within the United States if he
finds, after opportunity for an agency hearing, that -
(A) the processing of the quantity concerned of such resource
at a place other than within the United States is necessary for
the economic viability of the commercial recovery activities of a
permittee; and
(B) satisfactory assurances have been given by the permittee
that such resource, after processing, to the extent of the
permittee's ownership therein, will be returned to the United
States for domestic use, if the Administrator so requires after
determining that the national interest necessitates such return.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 102, June 28, 1980, 94 Stat. 558.)

-REFTEXT-
REFERENCES IN TEXT
The shipping laws of the United States, referred to in subsec.
(c)(4), are classified generally to Title 46, Shipping, and Title
46, Appendix.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1413, 1428 of this title.

-End-



-CITE-
30 USC Sec. 1413 01/19/04

-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS

-HEAD-
Sec. 1413. License and permit applications, review, and
certification

-STATUTE-
(a) Applications
(1) Any United States citizen may apply to the Administrator for
the issuance or transfer of a license for exploration or a permit
for commercial recovery.
(2)(A) Applications for issuance or transfer of licenses for
exploration and permits for commercial recovery shall be made in
such form and manner as the Administrator shall prescribe in
general and uniform regulations and shall contain such relevant
financial, technical, and environmental information as the
Administrator may by regulations require as being necessary and
appropriate for carrying out the provisions of this subchapter. In
accordance with such regulations, each applicant for the issuance
of a license shall submit an exploration plan as described in
subparagraph (B), and each applicant for a permit shall submit a
recovery plan as described in subparagraph (C).
(B) The exploration plan for a license shall set forth the
activities proposed to be carried out during the period of the
license, describe the area to be explored, and include the intended
exploration schedule and methods to be used, the development and
testing of systems for commercial recovery to take place under the
terms of the license, an estimated schedule of expenditures,
measures to protect the environment and to monitor the
effectiveness of environmental safeguards and monitoring systems
for commercial recovery, and such other information as is necessary
and appropriate to carry out the provisions of this subchapter. The
area set forth in an exploration plan shall be of sufficient size
to allow for intensive exploration.
(C) The recovery plan for a permit shall set forth the activities
proposed to be carried out during the period of the permit, and
shall include the intended schedule of commercial recovery,
environmental safeguards and monitoring systems, details of the
area or areas proposed for commercial recovery, a resource
assessment thereof, the methods and technology to be used for
commercial recovery and processing, the methods to be used for
disposal of wastes from recovery and processing, and such other
information as is necessary and appropriate to carry out the
provisions of this subchapter.
(D) The applicant shall select the size and location of the area
of the exploration plan or recovery plan, which area shall be
approved unless the Administrator finds that -
(i) the area is not a logical mining unit; or
(ii) commercial recovery activities in the proposed location
would result in a significant adverse impact on the quality of
the environment which cannot be avoided by the imposition of
reasonable restrictions.

(E) For purposes of subparagraph (D), "logical mining unit" means
-
(i) in the case of a license for exploration, an area of the
deep seabed which can be explored under the license in an
efficient, economical, and orderly manner with due regard for
conservation and protection of the environment, taking into
consideration the resource data, other relevant physical and
environmental characteristics, and the state of the technology of
the applicant as set forth in the exploration plan; or
(ii) in the case of a permit, an area of the deep seabed -
(I) in which hard mineral resources can be recovered in
sufficient quantities to satisfy the permittee's estimated
production requirements over the initial 20-year term of the
permit in an efficient, economical, and orderly manner with due
regard for conservation and protection of the environment,
taking into consideration the resource data, other relevant
physical and environmental characteristics, and the state of
the technology of the applicant set out in the recovery plan;
(II) which is not larger than is necessary to satisfy the
permittee's estimated production requirements over the initial
20-year term of the permit; and
(III) in relation to which the permittee's estimated
production requirements are not found by the Administrator to
be unreasonable.
(b) Priority of right for issuance
Subject to section 1411(b) of this title, priority of right for
the issuance of licenses to applicants shall be established on the
basis of the chronological order in which license applications
which are in substantial compliance with the requirements
established under subsection (a)(2) of this section are filed with
the Administrator. Priority of right shall not be lost in the case
of any application filed which is in substantial but not full
compliance with such requirements if the applicant thereafter
brings the application into conformity with such requirements
within such reasonable period of time as the Administrator shall
prescribe in regulations.
(c) Eligibility for certification
Before the Administrator may certify any application for issuance
or transfer of a license for exploration or permit for commercial
recovery, the Administrator must find in writing, after
consultation with other departments and agencies pursuant to
subsection (e) of this section, that -
(1) the applicant has demonstrated that, upon issuance or
transfer of the license or permit, the applicant will be
financially responsible to meet all obligations which may be
required of a licensee or permittee to engage in the exploration
or commercial recovery proposed in the application;
(2) the applicant has demonstrated that, upon issuance or
transfer of the license or permit, the applicant will have the
technological capability to engage in such exploration or
commercial recovery;
(3) the applicant has satisfactorily fulfilled all obligations
under any license or permit previously issued or transferred to
the applicant under this chapter; and
(4) the proposed exploration plan or recovery plan of the
applicant meets the requirements of this chapter and the
regulations issued under this chapter.
(d) Antitrust review
(1) Whenever the Administrator receives any application for
issuance or transfer of a license for exploration or permit for
commercial recovery, the Administrator shall transmit promptly a
complete copy of such application to the Attorney General of the
United States and the Federal Trade Commission.
(2) The Attorney General and the Federal Trade Commission shall
conduct such antitrust review of the application as they deem
appropriate and shall, if they deem appropriate, advise the
Administrator of the likely effects of such issuance or transfer on
competition.
(3) The Attorney General and the Federal Trade Commission may
make any recommendations they deem advisable to avoid any action
upon such application by the Administrator which would create or
maintain a situation inconsistent with the antitrust laws. Such
recommendations may include, without limitation, the denial of
issuance or transfer of the license or permit or issuance or
transfer upon such terms and conditions as may be appropriate.
(4) Any advice or recommendation submitted by the Attorney
General or the Federal Trade Commission pursuant to this subsection
shall be submitted within 90 days after receipt by them of the
application. The Administrator shall not issue or transfer the
license or permit during that 90-day period, except upon written
confirmation by the Attorney General and the Federal Trade
Commission that neither intends to submit any further advice or
recommendation with respect to the application.
(5) If the Administrator decides to issue or transfer the license
or permit with respect to which denial of the issuance or transfer
of the license or permit has been recommended by the Attorney
General or the Federal Trade Commission, or to issue or transfer
the license or permit without imposing those terms and conditions
recommended by the Attorney General or the Federal Trade Commission
as appropriate to prevent any situation inconsistent with the
antitrust laws, the Administrator shall, prior to or upon issuance
or transfer of the license or permit, notify the Attorney General
and the Federal Trade Commission of the reasons for such decision.
(6) The issuance or transfer of a license or permit under this
subchapter shall not be admissible in any way as a defense to any
civil or criminal action for violation of the antitrust laws of the
United States, nor shall it in any way modify or abridge any
private right of action under such laws.
(7) As used in this subsection, the term "antitrust laws" means
the Act of July 2, 1890 (commonly known as the Sherman Act; 15
U.S.C. 1-7); sections 73 through 76 of the Act of August 27, 1894
(commonly known as the Wilson Tariff Act; 15 U.S.C. 8-11); the
Clayton Act (15 U.S.C. 12 et seq.); the Act of June 19, 1936
(commonly known as the Robinson-Patman Price Discrimination Act; 15
U.S.C. 13-13b and 21a); and the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(e) Other Federal agencies
The Administrator shall provide by regulation for full
consultation and cooperation, prior to certification of an
application for the issuance or transfer of any license for
exploration or permit for commercial recovery and prior to the
issuance or transfer of such a license or permit, with other
Federal agencies or departments which have programs or activities
within their statutory responsibilities which would be affected by
the activities proposed in the application for the issuance or
transfer of a license or permit. Not later than 30 days after June
28, 1980, the heads of any Federal departments or agencies having
expertise concerning, or jurisdiction over, any aspect of the
recovery or processing of hard mineral resources shall transmit to
the Administrator written comments as to their expertise or
statutory responsibilities pursuant to this chapter or any other
Federal law. To the extent possible, such agencies shall cooperate
to reduce the number of separate actions required to satisfy the
statutory responsibilities of these agencies. The Administrator
shall transmit to each such agency or department a complete copy of
each application and each such agency or department, based on its (continued)