CCLME.ORG - Deep Seabed Hard Mineral Resources Act
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(continued)
legal responsibilities and authorities, may, not later than 60 days
after receipt of the application, recommend certification of the
application, issuance or transfer of the license or permit, or
denial of such certification, issuance, or transfer. In any case in
which an agency or department recommends such a denial, it shall
set forth in detail the manner in which the application does not
comply with any law or regulation within its area of responsibility
and shall indicate how the application may be amended, or how
terms, conditions, or restrictions might be added to the license or
permit, to assure compliance with such law or regulation.
(f) Review period
All time periods for the review of an application for issuance or
transfer of a license or permit established pursuant to this
section shall, to the maximum extent practicable, run concurrently
from the date on which the application is received by the
Administrator.
(g) Application certification
Upon making the applicable determinations and findings required
in sections 1411, 1412 of this title, and this section with respect
to any applicant for the issuance or transfer of a license or a
permit and the exploration or commercial recovery proposed by such
applicant, after completion of procedures for receiving the
application required by this chapter, and upon payment by the
applicant of the fee required under section 1414 of this title, the
Administrator shall certify the application for the issuance or
transfer of the license or permit. The Administrator, to the
maximum extent possible, shall endeavor to complete certification
action on the application within 100 days after its submission. If
final certification or denial of certification has not occurred
within 100 days after submission of the application, the
Administrator shall inform the applicant in writing of the then
pending unresolved issues, the Administrator's efforts to resolve
them, and an estimate of the time required to do so.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 103, June 28, 1980, 94 Stat. 560;
Pub. L. 107-273, div. C, title IV, Sec. 14102(c)(2)(E), Nov. 2,
2002, 116 Stat. 1921.)

-REFTEXT-
REFERENCES IN TEXT
Act of July 2, 1890 (commonly known as the Sherman Act; 15 U.S.C.
1-7), referred to in subsec. (d)(7), is act July 2, 1890, ch. 647,
26 Stat. 209, as amended, which is classified to sections 1 to 7 of
Title 15, Commerce and Trade. For complete classification of this
Act to the Code, see Short Title note set out under section 1 of
Title 15 and Tables.
Sections 73 through 76 of the Act of August 27, 1894 (commonly
known as the Wilson Tariff Act; 15 U.S.C. 8-11), referred to in
subsec. (d)(7), are sections 73 to 76 of act Aug. 27, 1894, ch.
349, 28 Stat. 570, as amended, which enacted sections 8 to 11 of
Title 15. For complete classification of this Act to the Code, see
Short Title note set out under section 8 of Title 15 and Tables.
The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec.
(d)(7), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,
which is classified generally to sections 12, 13, 14 to 19, 21, and
22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor.
For further details and complete classification of this Act to the
Code, see References in Text note set out under section 12 of Title
15 and Tables.
Act of June 19, 1936 (commonly known as the Robinson-Patman Price
Discrimination Act; 15 U.S.C. 13-13b and 21a), referred to in
subsec. (d)(7), is act June 19, 1936, ch. 592, 49 Stat. 1526, also
known as the Robinson-Patman Antidiscrimination Act, which enacted
sections 13a, 13b, and 21a of Title 15, and amended section 13 of
Title 15. For complete classification of this Act to the Code, see
Short Title note set out under section 13 of Title 15 and Tables.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred
to in subsec. (d)(7), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
as amended, which is classified generally to subchapter I (Sec. 41
et seq.) of chapter 2 of Title 15. For complete classification of
this Act to the Code, see section 58 of Title 15 and Tables.


-MISC1-
AMENDMENTS
2002 - Subsec. (d)(7). Pub. L. 107-273 substituted "76" for "77".

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and
applicable only with respect to cases commenced on or after Nov. 2,
2002, see section 14103 of Pub. L. 107-273, set out as a note under
section 3 of Title 15, Commerce and Trade.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1411, 1412, 1415, 1416 of
this title.

-End-



-CITE-
30 USC Sec. 1414 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. 1414. License and permit fees

-STATUTE-
No application for the issuance or transfer of a license for
exploration or permit for commercial recovery shall be certified
unless the applicant pays to the Administrator a reasonable
administrative fee which shall be deposited into miscellaneous
receipts of the Treasury. The amount of the administrative fee
imposed by the Administrator on any applicant shall reflect the
reasonable administrative costs incurred in reviewing and
processing the application.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 104, June 28, 1980, 94 Stat. 563.)

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

-End-



-CITE-
30 USC Sec. 1415 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. 1415. License and permit terms, conditions, and restrictions;
issuance and transfer of licenses and permits

-STATUTE-
(a) Eligibility for issuance or transfer of license or permit
Before issuing or transferring a license for exploration or
permit for commercial recovery, the Administrator must find in
writing, after consultation with interested departments and
agencies pursuant to section 1413(e) of this title, and upon
considering public comments received with respect to the license or
permit, that the exploration or commercial recovery proposed in the
application -
(1) will not unreasonably interfere with the exercise of the
freedoms of the high seas by other states, as recognized under
general principles of international law;
(2) will not conflict with any international obligation of the
United States established by any treaty or international
convention in force with respect to the United States;
(3) will not create a situation which may reasonably be
expected to lead to a breach of international peace and security
involving armed conflict;
(4) cannot reasonably be expected to result in a significant
adverse effect on the quality of the environment, taking into
account the analyses and information in any applicable
environmental impact statement prepared pursuant to section
1419(c) or 1419(d) of this title; and
(5) will not pose an inordinate threat to the safety of life
and property at sea.
(b) Issuance and transfer of licenses and permits with terms,
conditions, and restrictions
(1) Within 180 days after certification of any application for
the issuance or transfer of a license or permit under section
1413(g) of this title, the Administrator shall propose terms and
conditions for, and restrictions on, the exploration or commercial
recovery proposed in the application which are consistent with the
provisions of this chapter and regulations issued under this
chapter. If additional time is needed, the Administrator shall
notify the applicant in writing of the reasons for the delay and
indicate the approximate date on which the proposed terms,
conditions, and restrictions will be completed. The Administrator
shall provide to each applicant a written statement of the proposed
terms, conditions, and restrictions. Such terms, conditions, and
restrictions shall be generally specified in regulations with
general criteria and standards to be used in establishing such
terms, conditions, and restrictions for a license or permit and
shall be uniform in all licenses or permits, except to the extent
that differing physical and environmental conditions require the
establishment of special terms, conditions, and restrictions for
the conservation of natural resources, protection of the
environment, or the safety of life and property at sea.
(2) After preparation and consideration of the final
environmental impact statement pursuant to section 1419(d) of this
title on the proposed issuance of a license or permit and subject
to the other provisions of this chapter, the Administrator shall
issue to the applicant the license or permit with the terms,
conditions, and restrictions incorporated therein.
(3) The licensee or permittee to whom a license or permit is
issued or transferred shall be deemed to have accepted the terms,
conditions, and restrictions in the license or permit if the
licensee or permittee does not notify the Administrator within 60
days after receipt of the license or permit of each term,
condition, or restriction with which the licensee or permittee
takes exception. The licensee or permittee may, in addition to such
objections as may be raised under applicable provisions of law,
object to any term, condition, or restriction on the ground that
the term, condition, or restriction is inconsistent with this
chapter or the regulations promulgated thereunder. If, after the
Administrator takes final action on these objections, the licensee
or permittee demonstrates that a dispute remains on a material
issue of fact, the licensee or permittee is entitled to a decision
on the record after the opportunity for an agency hearing pursuant
to sections 556 and 557 of title 5. Any such decision made by the
Administrator shall be subject to judicial review as provided in
chapter 7 of title 5.
(c) Modification and revision of terms, conditions, and
restrictions
(1) After the issuance or transfer of any license or permit under
subsection (b) of this section, the Administrator, after
consultation with interested agencies and the licensee or
permittee, may modify any term, condition, or restriction in such
license or permit -
(A) to avoid unreasonable interference with the interests of
other states in their exercise of the freedoms of the high seas,
as recognized under general principles of international law;
(B) if relevant data and other information (including, but not
limited to, data resulting from exploration or commercial
recovery activities under the license or permit) indicate that
modification is required to protect the quality of the
environment or to promote the safety of life and property at sea
and if such modification is consistent with the regulations
issued to carry out section 1419(b) of this title;
(C) to avoid a conflict with any international obligation of
the United States, established by any treaty or convention in
force with respect to the United States, as determined in writing
by the President; or
(D) to avoid any situation which may reasonably be expected to
lead to a breach of international peace and security involving
armed conflict, as determined in writing by the President.

(2) During the term of a license or a permit, the licensee or
permittee may submit to the Administrator an application for a
revision of the license or permit or the exploration plan or
recovery plan associated with the license or permit. The
Administrator shall approve such application upon a finding in
writing that the revision will comply with the requirements of this
chapter and the regulations issued under this chapter.
(3) The Administrator shall establish, by regulation, guidelines
for a determination of the scale or extent of a proposed
modification or revision for which any or all license or permit
application requirements and procedures, including a public
hearing, shall apply. Any increase in the size of the area, or any
change in the location of an area, to which an exploration plan or
a recovery plan applies, except an incidental increase or change,
must be made by application for another license or permit.
(4) The procedures set forth in subsection (b)(3) of this section
shall apply with respect to any modification under this subsection
in the same manner, and to the same extent, as if such modification
were an initial term, condition, or restriction proposed by the
Administrator.
(d) Prior consultations
Prior to making a determination to issue, transfer, modify, or
renew a license or permit under this section, the Administrator
shall consult with any affected Regional Fishery Management Council
established pursuant to section 1852 of title 16, if the activities
undertaken pursuant to such license or permit could adversely
affect any fishery within the Fishery Conservation Zone, or any
anadromous species or Continental Shelf fishery resource subject to
the exclusive management authority of the United States beyond such
zone.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 105, June 28, 1980, 94 Stat. 563;
Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
REFERENCES IN TEXT
The Fishery Conservation Zone, referred to in subsec. (d),
probably means the fishery conservation zone established by section
1811 of Title 16, Conservation, which as amended generally by Pub.
L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706,
relates to United States sovereign rights and fishery management
authority over fish within the exclusive economic zone as defined
in section 1802 of Title 16.


-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-208 made technical amendment to
reference in original act which appears in text as reference to
section 1852 of title 16.
1980 - Subsec. (d). Pub. L. 96-561 made technical amendment to
reference in original act which appears in text as reference to
section 1852 of title 16.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1416, 1419 of this title.

-End-



-CITE-
30 USC Sec. 1416 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. 1416. Denial of certification of applications and of issuance,
transfer, suspension, and revocation of licenses and permits;
suspension and modification of activities

-STATUTE-
(a) Denial, suspension, modification, and revocation
(1) The Administrator may deny certification of an application
for the issuance or transfer of, and may deny the issuance or
transfer of, a license for exploration or permit for commercial
recovery if the Administrator finds that the applicant, or the
activities proposed to be undertaken by the applicant, do not meet
the requirements set forth in section 1413(c) of this title,
section 1415(a) of this title, or in any other provision of this
chapter, or any regulation issued under this chapter, for the
issuance or transfer of a license or permit.
(2) The Administrator may -
(A) in addition to, or in lieu of, the imposition of any civil
penalty under section 1462(a) of this title, or in addition to
the imposition of any fine under section 1463 of this title,
suspend or revoke any license or permit issued under this
chapter, or suspend or modify any particular activities under
such a license or permit, if the licensee or permittee, as the
case may be, substantially fails to comply with any provision of
this chapter, any regulation issued under this chapter, or any
term, condition, or restriction of the license or permit; and
(B) suspend or modify particular activities under any license
or permit, if the President determines that such suspension or
modification is necessary (i) to avoid any conflict with any
international obligation of the United States established by any
treaty or convention in force with respect to the United States,
or (ii) to avoid any situation which may reasonably be expected
to lead to a breach of international peace and security involving
armed conflict.

(3) No action may be taken by the Administrator to deny issuance
or transfer of or to revoke any license or permit or, except as
provided in subsection (c) of this section, to suspend any license
or permit or suspend or modify particular activities under a
license or permit, unless the Administrator -
(A) publishes in the Federal Register and gives the applicant,
licensee, or permittee, as the case may be, written notice of the
intention of the Administrator to deny the issuance or transfer
of or to suspend, modify, or revoke the license or permit and the
reason therefor; and
(B) if the reason for the proposed denial, suspension,
modification, or revocation is a deficiency which the applicant,
licensee, or permittee can correct, affords the applicant,
licensee, or permittee a reasonable time, but not more than 180
days from the date of the notice or such longer period as the
Administrator may establish for good cause shown, to correct such
deficiency.

(4) The Administrator shall deny issuance or transfer of, or
suspend or revoke, any license or permit or order the suspension or
modification of particular activities under a license or permit -
(A) on the thirtieth day after the date of the notice given to
the applicant, licensee, or permittee under paragraph (3)(A)
unless before such day the applicant, licensee, or permittee
requests a review of the proposed denial, suspension,
modification, or revocation; or
(B) on the last day of the period established under paragraph
(3)(B) in which the applicant, licensee, or permittee must
correct a deficiency, if such correction has not been made before
such day.
(b) Administrative review of proposed denial, suspension,
modification, or revocation
Any applicant, licensee, or permittee, as the case may be, who
makes a timely request under subsection (a) of this section for
review of a denial of issuance or transfer, or a suspension or
revocation, of a license for exploration or permit for commercial
recovery, or a suspension or modification of particular activities
under such a license or permit, is entitled to an adjudication on
the record after an opportunity for an agency hearing with respect
to such denial or suspension, revocation, or modification.
(c) Effect on activities; emergency orders
The issuance of any notice of proposed suspension or revocation
of a license for exploration or permit for commercial recovery or
proposed suspension or modification of particular activities under
such a license or permit shall not affect the continuation of
exploration or commercial recovery activities by the licensee or
permittee. The provisions of paragraphs (3) and (4) of subsection
(a) of this section and the first sentence of this subsection shall
not apply when the President determines by Executive order that an
immediate suspension of a license for exploration or permit for
commercial recovery, or immediate suspension or modification of
particular activities under such a license or permit, is necessary
for the reasons set forth in subsection (a)(2)(B) of this section,
or the Administrator determines that an immediate suspension of
such a license or permit, or immediate suspension or modification
of particular activities under such a license or permit, is
necessary to prevent a significant adverse effect on the
environment or to preserve the safety of life and property at sea,
and the Administrator issues an emergency order requiring such
immediate suspension.
(d) Judicial review
Any determination of the Administrator, after any appropriate
administrative review under subsection (b) of this section, to
certify or deny certification of an application for the issuance or
transfer of, or to issue, deny issuance of, transfer, deny the
transfer of, modify, renew, suspend, or revoke any license for
exploration or permit for commercial recovery, or suspend or modify
particular activities under such a license or permit, or any
immediate suspension of such a license or permit, or immediate
suspension or modification of particular activities under such a
license or permit, pursuant to subsection (c) of this section, is
subject to judicial review as provided in chapter 7 of title 5.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 106, June 28, 1980, 94 Stat. 565.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1411, 1412 of this title.

-End-



-CITE-
30 USC Sec. 1417 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. 1417. Duration of licenses and permits

-STATUTE-
(a) Duration of a license
Each license for exploration shall be issued for a period of 10
years. If the licensee has substantially complied with the license
and the exploration plan associated therewith and has requested
extensions of the license, the Administrator shall extend the
license on terms, conditions, and restrictions consistent with this
chapter and the regulations issued under this chapter for periods
of not more than 5 years each.
(b) Duration of a permit
Each permit for commercial recovery shall be issued for a term of
20 years and for so long thereafter as hard mineral resources are
recovered annually in commercial quantities from the area to which
the recovery plan associated with the permit applies. The permit of
any permittee who is not recovering hard mineral resources in
commercial quantities at the end of 10 years shall be terminated;
except that the Administrator shall for good cause shown, including
force majeure, adverse economic conditions, unavoidable delays in
construction, major unanticipated vessel repairs that prevent the
permittee from conducting commercial recovery activities during an
annual period, or other circumstances beyond the control of the
permittee, extend the 10-year period, but not beyond the initial
20-year term of the permit.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 107, June 28, 1980, 94 Stat. 567.)

-End-



-CITE-
30 USC Sec. 1418 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. 1418. Diligence requirements

-STATUTE-
(a) In general
The exploration plan or recovery plan and the terms, conditions,
and restrictions of each license and permit issued under this
subchapter shall be designed to assure diligent development. Each
licensee shall pursue diligently the activities described in the
exploration plan of the licensee, and each permittee shall pursue
diligently the activities described in the recovery plan of the
permittee.
(b) Expenditures
Each license shall require such periodic reasonable expenditures
for exploration by the licensee as the Administrator shall
establish, taking into account the size of the area of the deep
seabed to which the exploration plan associated with the license
applies and the amount of funds which is estimated by the
Administrator to be required for commercial recovery of hard
mineral resources to begin within the time limit established by the
Administrator. Such required expenditures shall not be established
at a level which would discourage exploration by persons with less
costly technology than is prevalently in use.
(c) Commercial recovery
Once commercial recovery is achieved, the Administrator shall,
within reasonable limits and taking into consideration all relevant
factors, require the permittee to maintain commercial recovery
throughout the period of the permit; except that the Administrator
shall for good cause shown, including force majeure, adverse
economic conditions, or other circumstances beyond the control of
the permittee, authorize the temporary suspension of commercial
recovery activities. The duration of such a suspension shall not
exceed one year at any one time, unless the Administrator
determines that conditions justify an extension of the suspension.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 108, June 28, 1980, 94 Stat. 567.)

-End-



-CITE-
30 USC Sec. 1419 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. 1419. Protection of the environment

-STATUTE-
(a) Environmental assessment
(1) Deep ocean mining environmental study (DOMES)
The Administrator shall expand and accelerate the program
assessing the effects on the environment from exploration and
commercial recovery activities, including seabased processing and
the disposal at sea of processing wastes, so as to provide an
assessment, as accurate as practicable, of environmental impacts
of such activities for the implementation of subsections (b),
(c), and (d) of this section.
(2) Supporting ocean research
The Administrator also shall conduct a continuing program of
ocean research to support environmental assessment activity
through the period of exploration and commercial recovery
authorized by this chapter. The program shall include the
development, acceleration, and expansion, as appropriate, of
studies of the ecological, geological, and physical aspects of
the deep seabed in general areas of the ocean where exploration
and commercial development under the authority of this chapter
are likely to occur, including, but not limited to -
(A) natural diversity of the deep seabed biota;
(B) life histories of major benthic, midwater, and surface
organisms most likely to be affected by commercial recovery
activities;
(C) long- and short-term effects of commercial recovery on
the deep seabed biota; and
(D) assessment of the effects of seabased processing
activities.

Within 160 days after June 28, 1980, the Administrator shall
prepare a plan to carry out the program described in this
subsection, including necessary funding levels for the next five
fiscal years, and shall submit the plan to the Congress.
(b) Terms, conditions, and restrictions
Each license and permit issued under this subchapter shall
contain such terms, conditions, and restrictions, established by
the Administrator, which prescribe the actions the licensee or
permittee shall take in the conduct of exploration and commercial
recovery activities to assure protection of the environment. The
Administrator shall require in all activities under new permits,
and wherever practicable in activities under existing permits, the
use of the best available technologies for the protection of
safety, health, and the environment wherever such activities would
have a significant effect on safety, health, or the environment,
except where the Administrator determines that the incremental
benefits are clearly insufficient to justify the incremental costs
of using such technologies. Before establishing such terms,
conditions, and restrictions, the Administrator shall consult with
the Administrator of the Environmental Protection Agency, the
Secretary of State, and the Secretary of the department in which
the Coast Guard is operating, concerning such terms, conditions,
and restrictions, and the Administrator shall take into account and
give due consideration to the information contained in each final
environmental impact statement prepared with respect to such
license or permit pursuant to subsection (d) of this section.
(c) Programmatic environmental impact statement
(1) If the Administrator, in consultation with the Administrator
of the Environmental Protection Agency and with the assistance of
other appropriate Federal agencies, determines that a programmatic
environmental impact statement is required, the Administrator
shall, as soon as practicable after June 28, 1980, with respect to
the areas of the oceans in which any United States citizen is
expected to undertake exploration and commercial recovery under the
authority of this chapter -
(A) prepare and publish draft programmatic environmental impact
statements which assess the environmental impacts of exploration
and commercial recovery in such areas;
(B) afford all interested parties a reasonable time after such
dates of publication to submit comments to the Administrator on
such draft statements; and
(C) thereafter prepare (giving full consideration to all
comments submitted under subparagraph (B)) and publish final
programmatic environmental impact statements regarding such
areas.

(2) With respect to the area of the oceans in which exploration
and commercial recovery by any United States citizen will likely
first occur under the authority of this chapter, the Administrator
shall prepare a draft and final programmatic environmental impact
statement as required under paragraph (1), except that -
(A) the draft programmatic environmental impact statement shall
be prepared and published as soon as practicable but not later
than 270 days (or such longer period as the Administrator may
establish for good cause shown) after June 28, 1980; and
(B) the final programmatic environmental impact statement shall
be prepared and published within 180 days (or such longer period
as the Administrator may establish for good cause shown) after
the date on which the draft statement is published.
(d) Environmental impact statements on issuance of licenses and
permits
The issuance of, but not the certification of an application for,
any license or permit under this subchapter shall be deemed to be a
major Federal action significantly affecting the quality of the
human environment for purposes of section 4332 of title 42. In
preparing an environmental impact statement pursuant to this
subsection, the Administrator shall consult with the agency heads
referred to in subsection (b) of this section and shall take into
account, and give due consideration to, the relevant information
contained in any applicable studies and any other environmental
impact statement prepared pursuant to this section. Each draft
environmental impact statement prepared pursuant to this subsection
shall be published, with the terms, conditions, and restrictions
proposed pursuant to section 1415(b) of this title, within 180 days
(or such longer period as the Administrator may establish for good
cause shown in writing) following the date on which the application
for the license or permit concerned is certified by the
Administrator. Each final environmental impact statement shall be
published 180 days (or such longer period as the Administrator may
establish for good cause shown in writing) following the date on
which the draft environmental impact statement is published.
(e) Effect on other law
For the purposes of this chapter, any vessel or other floating
craft engaged in commercial recovery or exploration shall not be
deemed to be "a vessel or other floating craft" under section
502(12)(B) of the Clean Water Act [33 U.S.C. 1362(12)(B)] and any
discharge of a pollutant from such vessel or other floating craft
shall be subject to the Clean Water Act [33 U.S.C. 1251 et seq.].
(f) Stable reference areas
(1) Within one year after June 28, 1980, the Secretary of State
shall, in cooperation with the Administrator and as part of the
international consultations pursuant to section 1428(f) of this
title, negotiate with all nations that are identified in such
subsection for the purpose of establishing international stable
reference areas in which no mining shall take place: Provided,
however, That this subsection shall not be construed as requiring
any substantial withdrawal of deep seabed areas from deep seabed
mining authorized by this chapter.
(2) Nothing in this chapter shall be construed as authorizing the
United States to unilaterally establish such reference area or
areas nor shall the United States recognize the unilateral claim to
such reference area or areas by any State.
(3) Within four years after June 28, 1980, the Secretary of State
shall submit a report to Congress on the progress of establishing
such stable reference areas, including the designation of
appropriate zones to insure a representative and stable biota of
the deep seabed.
(4) For purposes of this section "stable reference areas" shall
mean an area or areas of the deep seabed to be used as a reference
zone or zones for purposes of resource evaluation and environmental
assessment of deep seabed mining in which no mining will occur.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 109, June 28, 1980, 94 Stat. 568.)

-REFTEXT-
REFERENCES IN TEXT
The Clean Water Act, referred to in subsec. (e), is act June 30,
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct.
18, 1972, 86 Stat. 816, also known as the Federal Water Pollution
Control Act, which is classified generally to chapter 26 (Sec. 1251
et seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set
out under section 1251 of Title 33 and Tables.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1415, 1468 of this title.

-End-



-CITE-
30 USC Sec. 1420 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. 1420. Conservation of natural resources

-STATUTE-
For the purpose of conservation of natural resources, each
license and permit issued under this subchapter shall contain, as
needed, terms, conditions, and restrictions which have due regard
for the prevention of waste and the future opportunity for the
commercial recovery of the unrecovered balance of the hard mineral
resources in the area to which the license or permit applies. In
establishing these terms, conditions, and restrictions, the
Administrator shall consider the state of the technology, the
processing system utilized and the value and potential use of any
waste, the environmental effects of the exploration or commercial
recovery activities, economic and resource data, and the national
need for hard mineral resources. As used in this chapter, the term
"conservation of natural resources" is not intended to grant,
imply, or create any inference of production controls or price
regulation, in particular those which would affect the volume of
production, prices, profits, markets, or the decision of which
minerals or metals are to be recovered, except as such effects may
be incidental to actions taken pursuant to this section.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 110, June 28, 1980, 94 Stat. 570.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1468 of this title.

-End-



-CITE-
30 USC Sec. 1421 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. 1421. Prevention of interference with other uses of the high
seas

-STATUTE-
Each license and permit issued under this subchapter shall
include such restrictions as may be necessary and appropriate to
ensure that exploration or commercial recovery activities conducted
by the licensee or permittee do not unreasonably interfere with the
interests of other states in their exercise of the freedoms of the
high seas, as recognized under general principles of international
law.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 111, June 28, 1980, 94 Stat. 571.)

-End-



-CITE-
30 USC Sec. 1422 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. 1422. Safety of life and property at sea

-STATUTE-
(a) Conditions regarding vessels
The Secretary of the department in which the Coast Guard is
operating, in consultation with the Administrator, shall require in
any license or permit issued under this subchapter, in conformity
with principles of international law, that vessels documented under
the laws of the United States and used in activities authorized
under the license or permit comply with conditions regarding the
design, construction, alteration, repair, equipment, operation,
manning, and maintenance relating to vessel and crew safety and the
promotion of safety of life and property at sea.
(b) Applicability of other laws
Notwithstanding any other provision of law, any vessel described
in subsection (a) of this section shall be subject to the
provisions of chapter 51 of title 46, and to the provisions of
titles 52 and 53 of the Revised Statutes and all Acts amendatory
thereof or supplementary thereto.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 112, June 28, 1980, 94 Stat. 571.)

-REFTEXT-
REFERENCES IN TEXT
Title 52 of the Revised Statutes, referred to in subsec. (b),
consisted of R.S. Secs. 4399 to 4500, which were classified to
sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234,
239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391,
391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453,
460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former
Title 46, Shipping. For complete classification of R.S. Secs. 4399
to 4500 to the Code, see Tables. A majority of such sections of the
Revised Statutes were repealed and various provisions thereof were
reenacted in Title 46, Shipping, by Pub. L. 98-89, Aug. 26, 1983,
97 Stat. 500. For disposition of sections of former Title 46 into
revised Title 46, see Table at beginning of Title 46.
Title 53 of the Revised Statutes, referred to in subsec. (b),
consisted of R.S. Secs. 4501 to 4612, which were classified to
sections 541 to 543, 545 to 549, 561, 562, 564 to 571, 574 to 578,
591 to 597, 600, 602 to 605, 621 to 628, 641 to 643, 644, 645, 651
to 660, 661 to 669, 674 to 679, 681 to 687, 701 to 710, and 711 to
713 of former Title 46, Shipping. For complete classification of
R.S. Secs. 4501 to 4612 to the Code, see Tables. A majority of such
sections of the Revised Statutes were repealed and various
provisions thereof were reenacted in Title 46, Shipping, by Pub. L.
98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of
former Title 46 into revised Title 46, see Table at beginning of
Title 46.

-COD-
CODIFICATION
In subsec. (b), "chapter 51 of title 46" substituted for "the
International Voyage Load Line Act of 1973" on authority of Pub. L.
99-509, title V, Sec. 5103(b), Oct. 21, 1986, 100 Stat. 1927,
section 5101 of which enacted parts C and J of subtitle II of Title
46, Shipping.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-End-



-CITE-
30 USC Sec. 1423 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. 1423. Records, audits, and public disclosure

-STATUTE-
(a) Records and audits
(1) Each licensee and permittee shall keep such records,
consistent with standard accounting principles, as the
Administrator shall by regulation prescribe. Such records shall
include information which will fully disclose expenditures for
exploration and commercial recovery, including processing, of hard
mineral resources, and such other information as will facilitate an
effective audit of such expenditures.
(2) The Administrator and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access, for purposes of audit and examination, to any books,
documents, papers, and records of licensees and permittees which
are necessary and directly pertinent to verify the expenditures
referred to in paragraph (1).
(b) Submission of data and information
Each licensee and permittee shall be required to submit to the
Administrator such data or other information as the Administrator
may reasonably need for purposes of making determinations with
respect to the issuance, revocation, modification, or suspension of
any license or permit; compliance with the reporting requirement
contained in section 1469 (!1) of this title; and evaluation of the
exploration or commercial recovery activities conducted by the
licensee or permittee.

(c) Public disclosure
Copies of any document, report, communication, or other record
maintained or received by the Administrator containing data or
information required under this subchapter shall be made available
to any person upon any request which (1) reasonably describes such
record and (2) is made in accordance with rules adopted by the
Administrator stating the time, place, fees (if any, not to exceed
the direct cost of the services rendered), and procedures to be
followed, except that neither the Administrator nor any other
officer or employee of the United States may disclose any data or
information knowingly and willingly required under this subchapter
the disclosure of which is prohibited by section 1905 of title 18.
Any officer or employee of the United States who discloses data or
information in violation of this subsection shall be subject to the
penalties set forth in section 1463(b) of this title.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 113, June 28, 1980, 94 Stat. 571.)

-REFTEXT-
REFERENCES IN TEXT
Section 1469 of this title, referred to in subsec. (b), was
omitted from the Code.

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

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
30 USC Sec. 1424 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. 1424. Monitoring of activities of licensees and permittees

-STATUTE-
Each license and permit issued under this subchapter shall
require the licensee or permittee -
(1) to allow the Administrator to place appropriate Federal
officers or employees as observers aboard vessels used by the
licensee or permittee in exploration or commercial recovery
activities (A) to monitor such activities at such time, and to
such extent, as the Administrator deems reasonable and necessary
to assess the effectiveness of the terms, conditions, and
restrictions of the license or permit, and (B) to report to the
Administrator whenever such officers or employees have reason to
believe there is a failure to comply with such terms, conditions,
and restrictions;
(2) to cooperate with such officers and employees in the
performance of monitoring functions; and
(3) to monitor the environmental effects of the exploration and
commercial recovery activities in accordance with guidelines
issued by the Administrator and to submit such information as the
Administrator finds to be necessary and appropriate to assess
environmental impacts and to develop and evaluate possible
methods of mitigating adverse environmental effects.

-SOURCE-
(Pub. L. 96-283, title I, Sec. 114, June 28, 1980, 94 Stat. 572.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This sectionis referred to in section 1461 of this title. (continued)