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-End-
-CITE-
30 USC Sec. 1425 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. 1425. Relinquishment, surrender, and transfer of licenses and
permits
-STATUTE-
(a) Relinquishment and surrender
Any licensee or permittee may at any time, without penalty -
(1) surrender to the Administrator a license or a permit issued
to the licensee or permittee; or
(2) relinquish to the Administrator, in whole or in part, any
right to conduct any exploration or commercial recovery
activities authorized by the license or permit.
Any licensee or permittee who surrenders a license or permit, or
relinquishes any such right, shall remain liable with respect to
all violations and penalties incurred, and damage to persons or
property caused, by the licensee or permittee as a result of
activities engaged in by the licensee or permittee under such
license or permit.
(b) Transfer
Any license or permit, upon written request of the licensee or
permittee, may be transferred by the Administrator; except that no
such transfer may occur unless the proposed transferee is a United
States citizen and until the Administrator determines that (1) the
proposed transfer is in the public interest, and (2) the proposed
transferee and the exploration or commercial recovery activities
the transferee proposes to conduct meet the requirements of this
chapter and regulations issued under this chapter.
-SOURCE-
(Pub. L. 96-283, title I, Sec. 115, June 28, 1980, 94 Stat. 572.)
-End-
-CITE-
30 USC Sec. 1426 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. 1426. Public notice and hearings
-STATUTE-
(a) Required procedures
The Administrator may issue regulations to carry out this
chapter, establish and significantly modify terms, conditions, and
restrictions in licenses and permits issued under this subchapter,
and issue or transfer licenses and permits under this subchapter,
only after public notice and opportunity for comment and hearings
in accordance with the following:
(1) The Administrator shall publish in the Federal Register
notice of all applications for licenses and permits, all
proposals to issue or transfer licenses and permits, all
regulations implementing this chapter, all terms, conditions, and
restrictions on licenses and permits, and all proposals to
significantly modify licenses and permits. Interested persons
shall be permitted to examine the materials relevant to any of
these actions, and shall have at least 60 days after publication
of such notice to submit written comments to the Administrator.
(2) The Administrator shall hold a public hearing in an
appropriate location and may employ such additional methods as
the Administrator deems appropriate to inform interested persons
about each action specified in paragraph (1) and to invite their
comments thereon.
(b) Adjudicatory hearing
If the Administrator determines that there exists one or more
specific and material factual issues which require resolution by
formal processes, at least one adjudicatory hearing shall be held
in the District of Columbia in accordance with the provisions of
section 554 of title 5. The record developed in any such
adjudicatory hearing shall be part of the basis for the
Administrator's decision to take any action referred to in
subsection (a) of this section. Hearings held pursuant to this
section shall be consolidated insofar as practicable with hearings
held by other agencies.
-SOURCE-
(Pub. L. 96-283, title I, Sec. 116, June 28, 1980, 94 Stat. 573.)
-End-
-CITE-
30 USC Sec. 1427 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. 1427. Civil actions
-STATUTE-
(a) Equitable relief
Except as provided in subsection (b) of this section, any person
may commence a civil action for equitable relief on that person's
behalf in the United States District Court for the District of
Columbia -
(1) against any person who is alleged to be in violation of any
provision of this chapter or any condition of a license or permit
issued under this subchapter; or
(2) against the Administrator when there is alleged a failure
of the Administrator to perform any act or duty under this
chapter which is not discretionary,
if the person bringing the action has a valid legal interest which
is or may be adversely affected by such alleged violation or
failure to perform. In suits brought under this subsection, the
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
the provisions of this chapter, or any term, condition, or
restriction of a license or permit issued under this subchapter, or
to order the Administrator to perform such act or duty.
(b) Notice
No civil action may be commenced -
(1) under subsection (a)(1) of this section -
(A) prior to 60 days after the plaintiff has given notice of
the alleged violation to the Administrator and to any alleged
violator; or
(B) if the Administrator or the Attorney General has
commenced and is diligently prosecuting a civil or criminal
action with respect to the alleged violation in a court of the
United States; except that in any such civil action, any person
having a valid legal interest which is or may be adversely
affected by the alleged violation may intervene; or
(2) under subsection (a)(2) of this section, prior to 60 days
after the plaintiff has given notice of such action to the
Administrator.
Notice under this subsection shall be given in such a manner as the
Administrator shall prescribe by regulation.
(c) Costs and fees
The court, in issuing any final order in any action brought under
subsection (a) of this section, may award costs of litigation,
including reasonable attorney and expert witness fees, to any party
whenever the court determines that such an award is appropriate.
(d) Relationship to other law
Nothing in this section shall restrict the rights which any
person or class of persons may have under other law to seek
enforcement or to seek any other relief. All vessel safety and
environmental requirements of or under this chapter shall be in
addition to other requirements of law.
-SOURCE-
(Pub. L. 96-283, title I, Sec. 117, June 28, 1980, 94 Stat. 573.)
-End-
-CITE-
30 USC Sec. 1428 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. 1428. Reciprocating states
-STATUTE-
(a) Designation
The Administrator, in consultation with the Secretary of State
and the heads of other appropriate departments and agencies, may
designate any foreign nation as a reciprocating state if the
Secretary of State finds that such foreign nation -
(1) regulates the conduct of its citizens and other persons
subject to its jurisdiction engaged in exploration for, and
commercial recovery of, hard mineral resources of the deep seabed
in a manner compatible with that provided in this chapter and the
regulations issued under this chapter, which includes adequate
measures for the protection of the environment, the conservation
of natural resources, and the safety of life and property at sea,
and includes effective enforcement provisions;
(2) recognizes licenses and permits issued under this
subchapter to the extent that such nation, under its laws, (A)
prohibits any person from engaging in exploration or commercial
recovery which conflicts with that authorized under any such
license or permit and (B) complies with the date for issuance of
licenses and the effective date for permits provided in section
1412(c)(1)(D) of this title;
(3) recognizes, under its procedures, priorities of right,
consistent with those provided in this chapter and the
regulations issued under this chapter, for applications for
licenses for exploration or permits for commercial recovery,
which applications are made either under its procedures or under
this chapter; and
(4) provides an interim legal framework for exploration and
commercial recovery which does 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.
(b) Effect of designation
No license or permit shall be issued under this subchapter
permitting any exploration or commercial recovery which will
conflict with any license, permit, or equivalent authorization
issued by any foreign nation which is designated as a reciprocating
state under subsection (a) of this section.
(c) Notification
Upon receipt of any application for a license or permit under
this subchapter, the Administrator shall immediately notify all
reciprocating states of such application. The notification shall
include those portions of the exploration plan or recovery plan
submitted with respect to the application, or a summary thereof,
and any other appropriate information not required to be withheld
from public disclosure by section 1423(c) of this title.
(d) Revocation of reciprocating state status
The Administrator, in consultation with the Secretary of State
and the heads of other appropriate departments and agencies, shall
revoke the designation of a foreign nation as a reciprocating state
if the Secretary of State finds that such foreign nation no longer
complies with the requirements of subsection (a) of this section.
At the request of any holder of a license, permit, or equivalent
authorization of such foreign nation, who obtained the license,
permit, or equivalent authorization while such foreign nation was a
reciprocating state, the Administrator, in consultation with the
Secretary of State, may decide to recognize the license, permit, or
equivalent authorization for purposes of subsection (b) of this
section.
(e) Authorization
The President is authorized to negotiate agreements with foreign
nations necessary to implement this section.
(f) International consultations
The Administrator, in consultation with the Secretary of State
and the heads of other appropriate departments and agencies, shall
consult with foreign nations which enact, or are preparing to
enact, domestic legislation establishing an interim legal framework
for exploration and commercial recovery of hard mineral resources.
Such consultations shall be carried out with a view to facilitating
the designation of such nations as reciprocating states and, as
necessary, the negotiation of agreements with foreign nations
authorized by subsection (e) of this section. In addition, the
Administrator shall provide such foreign nations with information
on environmental impacts of exploration and commercial recovery
activities, and shall provide any technical assistance requested in
designing regulatory measures to protect the environment.
-SOURCE-
(Pub. L. 96-283, title I, Sec. 118, June 28, 1980, 94 Stat. 574.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1403, 1419, 1461 of this
title.
-End-
-CITE-
30 USC SUBCHAPTER II - TRANSITION TO INTERNATIONAL
AGREEMENT 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-HEAD-
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1464, 1468, 1470 of
this title.
-End-
-CITE-
30 USC Sec. 1441 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-HEAD-
Sec. 1441. Declaration of Congressional intent
-STATUTE-
It is the intent of Congress -
(1) that any international agreement to which the United States
becomes a party should, in addition to promoting other national
oceans objectives -
(A) provide assured and nondiscriminatory access, under
reasonable terms and conditions, to the hard mineral resources
of the deep seabed for United States citizens, and
(B) provide security of tenure by recognizing the rights of
United States citizens who have undertaken exploration or
commercial recovery under subchapter I of this chapter before
such agreement enters into force with respect to the United
States to continue their operations under terms, conditions,
and restrictions which do not impose significant new economic
burdens upon such citizens with respect to such operations with
the effect of preventing the continuation of such operations on
a viable economic basis;
(2) that the extent to which any such international agreement
conforms to the provisions of paragraph (1) should be determined
by the totality of the provisions of such agreement, including,
but not limited to, the practical implications for the security
of investments of any discretionary powers granted to an
international regulatory body, the structures and decisionmaking
procedures of such body, the availability of impartial and
effective procedures for the settlement of disputes, and any
features that tend to discriminate against exploration and
commercial recovery activities undertaken by United States
citizens; and
(3) that this chapter should be transitional pending -
(A) the adoption of an international agreement at the Third
United Nations Conference on the Law of the Sea, and the
entering into force of such agreement, or portions thereof,
with respect to the United States, or
(B) if such adoption is not forthcoming, the negotiation of a
multilateral or other treaty concerning the deep seabed, and
the entering into force of such treaty with respect to the
United States.
-SOURCE-
(Pub. L. 96-283, title II, Sec. 201, June 28, 1980, 94 Stat. 575.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1443, 1444 of this title.
-End-
-CITE-
30 USC Sec. 1442 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-HEAD-
Sec. 1442. Effect of international agreement
-STATUTE-
If an international agreement enters into force with respect to
the United States, any provision of subchapter I of this chapter,
this subchapter, or subchapter III of this chapter, and any
regulation issued under any such provision, which is not
inconsistent with such international agreement shall continue in
effect with respect to United States citizens. In the
implementation of such international agreement the Administrator,
in consultation with the Secretary of State, shall make every
effort, to the maximum extent practicable consistent with the
provisions of that agreement, to provide for the continued
operation of exploration and commercial recovery activities
undertaken by United States citizens prior to entry into force of
the agreement. The Administrator shall submit to the Congress,
within one year after the date of such entry into force, a report
on the actions taken by the Administrator under this section, which
report shall include, but not be limited to -
(1) a description of the status of deep seabed mining
operations of United States citizens under the international
agreement; and
(2) an assessment of whether United States citizens who were
engaged in exploration or commercial recovery on the date such
agreement entered into force have been permitted to continue
their operations.
-SOURCE-
(Pub. L. 96-283, title II, Sec. 202, June 28, 1980, 94 Stat. 576.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1444 of this title.
-End-
-CITE-
30 USC Sec. 1443 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-HEAD-
Sec. 1443. Protection of interim investments
-STATUTE-
In order to further the objectives set forth in section 1441 of
this title, the Administrator, not more than one year after June
28, 1980 -
(1) shall submit to the Congress proposed legislation necessary
for the United States to implement a system for the protection of
interim investments that has been adopted as part of an
international agreement and any resolution relating to such
international agreement; or
(2) if a system for the protection of interim investments has
not been so adopted, shall report to the Congress on the status
of negotiations relating to the establishment of such a system.
-SOURCE-
(Pub. L. 96-283, title II, Sec. 203, June 28, 1980, 94 Stat. 576.)
-End-
-CITE-
30 USC Sec. 1444 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER II - TRANSITION TO INTERNATIONAL AGREEMENT
-HEAD-
Sec. 1444. Disclaimer of obligation to pay compensation
-STATUTE-
Sections 1441 and 1442 of this title do not create or express any
legal or moral obligation on the part of the United States
Government to compensate any person for any impairment of the value
of that person's investment in any operation for exploration or
commercial recovery under subchapter I of this chapter which might
occur in connection with the entering into force of an
international agreement with respect to the United States.
-SOURCE-
(Pub. L. 96-283, title II, Sec. 204, June 28, 1980, 94 Stat. 576.)
-End-
-CITE-
30 USC SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS
PROVISIONS 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 1442 of this title.
-End-
-CITE-
30 USC Sec. 1461 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1461. Prohibited acts
-STATUTE-
It is unlawful for any person who is a United States citizen, or
a foreign national on board a vessel documented or numbered under
the laws of the United States, or subject to the jurisdiction of
the United States under a reciprocating state agreement negotiated
under section 1428(e) of this title -
(1) to violate any provision of this chapter, any regulation
issued under this chapter, or any term, condition, or restriction
of any license or permit issued to such person under this
chapter;
(2) to engage in exploration or commercial recovery after the
revocation, or during the period of suspension, of an applicable
license or permit issued under this chapter, to engage in a
particular exploration or commercial recovery activity during the
period such activity has been suspended under this chapter, or to
fail to modify a particular exploration or commercial recovery
activity for which modification was required under this chapter;
(3) to refuse to permit any Federal officer or employee
authorized to monitor or enforce the provisions of this chapter,
as provided in sections 1424 and 1464 of this title, to board a
vessel documented or numbered under the laws of the United
States, or any vessel for which such boarding is authorized by a
treaty or executive agreement, for purposes of conducting any
search or inspection in connection with the monitoring or
enforcement of this chapter or any regulation, term, condition,
or restriction referred to in paragraph (1);
(4) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer or employee in the
conduct of any search or inspection described in paragraph (3);
(5) to resist a lawful arrest for any act prohibited by this
section;
(6) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of any hard
mineral resource recovered, processed, or retained in violation
of this chapter or any regulation, term, condition, or
restriction referred to in paragraph (1); or
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of any other person subject to this
section knowing that such other person has committed any act
prohibited by this section.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 301, June 28, 1980, 94 Stat. 577.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1462, 1463, 1464, 1466 of
this title.
-End-
-CITE-
30 USC Sec. 1462 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1462. Civil penalties
-STATUTE-
(a) Assessment of penalty
Any person subject to section 1461 of this title who is found by
the Administrator, after notice and an opportunity for a hearing in
accordance with section 554 of title 5, to have committed any act
prohibited by section 1461 of this title shall be liable to the
United States for a civil penalty. The amount of the civil penalty
shall not exceed $25,000 for each violation. Each day of a
continuing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the Administrator
by written notice. In determining the amount of such penalty, the
Administrator shall take into account the nature, circumstances,
extent, and gravity of the prohibited act committed and, with
respect to the violator, any history of prior offenses, good faith
demonstrated in attempting to achieve timely compliance after being
cited for the violation, and such other matters as justice may
require.
(b) Review of civil penalty
Any person subject to section 1461 of this title against whom a
civil penalty is assessed under subsection (a) of this section may
obtain review thereof in an appropriate district court of the
United States by filing a notice of appeal in such court within 30
days from the date of such order and by simultaneously sending a
copy of such notice by certified mail to the Administrator. The
Administrator shall promptly file in such court a certified copy of
the record upon which the particular violation was found and such
penalty was imposed, as provided in section 2112 of title 28. The
findings and order of the Administrator shall be set aside by such
court if they are not found to be supported by substantial
evidence, as provided in section 706(2)(E) of title 5.
(c) Action upon failure to pay assessment
If any person subject to section 1461 of this title fails to pay
a civil penalty assessed against such person after the penalty has
become final, or after the appropriate court has entered final
judgment in favor of the Administrator, the Administrator shall
refer the matter to the Attorney General of the United States, who
shall recover the civil penalty assessed in any appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.
(d) Compromise or other action by the Administrator
The Administrator may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
imposition or which has been imposed under this section unless an
action brought under subsection (b) or (c) of this section is
pending in a court of the United States.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 302, June 28, 1980, 94 Stat. 577.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1416 of this title.
-End-
-CITE-
30 USC Sec. 1463 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1463. Criminal offenses
-STATUTE-
(a) Offense
A person subject to section 1461 of this title is guilty of an
offense if such person willfully and knowingly commits any act
prohibited by section 1461 of this title.
(b) Punishment
Any offense described in paragraphs (1), (2), and (6) of section
1461 of this title is punishable by a fine of not more than $75,000
for each day during which the violation continues. Any offense
described in paragraphs (3), (4), (5), and (7) of section 1461 of
this title is punishable by a fine of not more than $75,000 or
imprisonment for not more than six months, or both. If, in the
commission of any offense, the person subject to the jurisdiction
of the United States uses a dangerous weapon, engages in conduct
that causes bodily injury to any Federal officer or employee, or
places any such Federal officer or employee in fear of imminent
bodily injury, the offense is punishable by a fine of not more than
$100,000 or imprisonment for not more than ten years, or both.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 303, June 28, 1980, 94 Stat. 578.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1416, 1423, 1464 of this
title.
-End-
-CITE-
30 USC Sec. 1464 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1464. Enforcement
-STATUTE-
(a) Responsibility
Subject to the other provisions of this subsection, the
Administrator shall enforce the provisions of this chapter. The
Secretary of the department in which the Coast Guard is operating
shall exercise such other enforcement responsibilities with respect
to vessels subject to the provisions of this chapter as are
authorized under other provisions of law and may, upon the specific
request of the Administrator, assist the Administrator in the
enforcement of the provisions of this chapter. The Secretary of the
department in which the Coast Guard is operating shall have the
exclusive responsibility for enforcement measures which affect the
safety of life and property at sea. The Administrator and the
Secretary of the department in which the Coast Guard is operating
may, by agreement, on a reimbursable basis or otherwise, utilize
the personnel, services, equipment, including aircraft and vessels,
and facilities of any other Federal agency or department, and may
authorize officers or employees of other departments or agencies to
provide assistance as necessary in carrying out subsection (b) of
this section. While providing such assistance, these officers and
employees shall be under the control, authority, and supervision of
the Coast Guard. The Administrator and the Secretary of the
department in which the Coast Guard is operating may issue
regulations jointly or severally as may be necessary and
appropriate to carry out their duties under this section.
(b) Powers of authorized officers
To enforce this chapter on board any vessel subject to the
provisions of this chapter, any officer who is authorized by the
Administrator or by the Secretary of the department in which the
Coast Guard is operating may -
(1) board and inspect any vessel which is subject to the
provisions of this chapter;
(2) search any such vessel if the officer has reasonable cause
to believe that the vessel has been used or employed in the
violation of any provision of this chapter;
(3) arrest any person subject to section 1461 of this title if
the officer has reasonable cause to believe that the person has
committed a criminal offense under section 1463 of this title;
(4) seize any such vessel together with its gear, furniture,
appurtenances, stores, and cargo, used or employed in, or with
respect to which it reasonably appears that such vessel was used
or employed in, the violation of any provision of this chapter if
such seizure is necessary to prevent evasion of the enforcement
of this chapter;
(5) seize any hard mineral resource recovered or processed in
violation of any provision of this chapter;
(6) seize any other evidence related to any violation of any
provision of this chapter;
(7) execute any warrant or other process issued by any court of
competent jurisdiction; and
(8) exercise any other lawful authority.
(c) Definitions
For purposes of this section, the term "provisions of this
chapter" or "provision of this chapter" means (1) any provision of
subchapter I or II of this chapter or this subchapter, (2) any
regulation issued under subchapter I of this chapter, subchapter II
of this chapter, or this subchapter, and (3) any term, condition,
or restriction of any license or permit issued under subchapter I
of this chapter.
(d) Proprietary information
Proprietary and privileged information seized or maintained under
this subchapter concerning a person or vessel engaged in
exploration or commercial recovery shall not be made available for
general or public use or inspection. The Administrator and the
Secretary of the department in which the Coast Guard is operating
shall issue regulations to insure the confidentiality of privileged
and proprietary information.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 304, June 28, 1980, 94 Stat. 578.)
-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 1461, 1466 of this title.
-End-
-CITE-
30 USC Sec. 1465 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1465. Liability of vessels
-STATUTE-
Any vessel documented or numbered under the laws of the United
States (except a public vessel engaged in noncommercial activities)
which is used in any violation of this chapter, any regulation
issued under this chapter, or any term, condition, or restriction
of any license or permit issued under subchapter I of this chapter
shall be liable in rem for any civil penalty assessed or criminal
fine imposed and may be proceeded against in any district court of
the United States having jurisdiction thereof.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 305, June 28, 1980, 94 Stat. 579.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1466 of this title.
-End-
-CITE-
30 USC Sec. 1466 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1466. Civil forfeitures
-STATUTE-
(a) In general
Any vessel subject to the provisions of sections 1464 and 1465 of
this title, including its gear, furniture, appurtenances, stores,
and cargo, which is used, in any manner, in connection with or as a
result of the commission of any act prohibited by section 1461 of
this title and any hard mineral resource which is recovered,
processed, or retained, in any manner, in connection with or as a
result of the commission of any such act, shall be subject to
forfeiture to the United States. All or part of such vessel, and
all such hard mineral resources, may be forfeited to the United
States pursuant to a civil proceeding under this section. All
provisions of law relating to the seizure, judicial forfeiture, and
condemnation of a vessel or cargo for violation of the customs
laws, and the disposition of the vessel, cargo, or proceeds from
the sale thereof and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred or
alleged to have been incurred under the provisions of this section
insofar as such provisions of law are applicable and not
inconsistent with this chapter.
(b) Jurisdiction of courts
Any district court of the United States which has jurisdiction
under section 1467 of this title shall have jurisdiction, upon
application by the Attorney General on behalf of the United States,
to order any forfeiture authorized under subsection (a) of this
section and any action provided for under subsection (d) of this
section.
(c) Judgment
If a judgment is entered for the United States in a civil
forfeiture proceeding under this section, the Attorney General may
seize any property or other interest declared forfeited to the
United States which has not previously been seized pursuant to this
chapter or for which security has not previously been obtained
under subsection (d) of this section.
(d) Procedure
Any officer authorized to serve any process in rem which is
issued by a court having jurisdiction under section 1467 of this
title shall stay the execution of such process, or discharge any
property seized pursuant to such process, upon the receipt of a
satisfactory bond or other security from any person subject to
section 1461 of this title claiming such property. Such bond or
other security shall be conditioned upon such person (1) delivering
such property to the appropriate court upon order thereof, without
any impairment of its value; or (2) paying the monetary value of
such property pursuant to any order of such court. Judgment shall
be recoverable on such bond or other security against both the
principal and any sureties in the event that any condition thereof
is breached, as determined by such court.
(e) Rebuttable presumption
For purposes of this section, it shall be a rebuttable
presumption that all hard mineral resources found on board a vessel
subject to the provisions of sections 1464 and 1465 of this title
which is seized in connection with an act prohibited by section
1461 of this title were recovered, processed, or retained in
violation of this chapter.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 306, June 28, 1980, 94 Stat. 580.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (a), are classified
generally to Title 19, Customs Duties.
-End-
-CITE-
30 USC Sec. 1467 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1467. Jurisdiction of courts
-STATUTE-
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this chapter. These courts may, at any time -
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 307, June 28, 1980, 94 Stat. 580.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1466 of this title.
-End-
-CITE-
30 USC Sec. 1468 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1468. Regulations
-STATUTE-
(a) Proposed regulations
Not later than 270 days after June 28, 1980, the Administrator
shall solicit the views of the agency heads referred to in section
1419(b) of this title and of interested persons, and issue, in
accordance with section 553 of title 5, such proposed regulations
as are required by or are necessary and appropriate to implement
subchapters I and II of this chapter and this subchapter. The
Administrator shall hold at least one public hearing on such
proposed regulations.
(b) Final regulations
Not later than 180 days after the date on which proposed
regulations are issued pursuant to subsection (a) of this section,
the Administrator shall solicit the views of the agency heads
referred to in section 1419(b) of this title and of interested
persons, consider the comments received during the public hearing
required in subsection (a) of this section and any written comments
on the proposed regulations received by the Administrator, and
issue, in accordance with section 553 of title 5, such regulations
as are required by or are necessary and appropriate to implement
subchapters I and II of this chapter and this subchapter.
(c) Amendments
The Administrator may at any time amend regulations issued
pursuant to subsection (b) of this section as the Administrator
determines to be necessary and appropriate in order to provide for
the conservation of natural resources within the meaning of section
1420 of this title, protection of the environment, and the safety
of life and property at sea. Such amended regulations shall apply
to all exploration or commercial recovery activities conducted
under any license or permit issued or maintained pursuant to this
chapter; except that any such amended regulations which provide for
conservation of natural resources shall apply to exploration or
commercial recovery conducted under an existing license or permit
during the present term of such license or permit only if the
Administrator determines that such amended regulations providing
for conservation of natural resources will not impose serious or
irreparable economic hardship on the licensee or permittee. Any
amendment to regulations under this subsection shall be made on the
record after an opportunity for an agency hearing.
(d) Consistency
This chapter and the regulations issued under this chapter shall
not be deemed to supersede any other Federal laws or treaties or
regulations issued thereunder.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 308, June 28, 1980, 94 Stat. 581.)
-End-
-CITE-
30 USC Sec. 1469 01/19/04
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TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1469. Omitted
-COD-
CODIFICATION
Section, Pub. L. 96-283, title III, Sec. 309, June 28, 1980, 94
Stat. 581, which required the Administrator of the National Oceanic
and Atmospheric Administration to submit a biennial report to
Congress on the administration of this chapter, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 54 of House Document No. 103-7.
-End-
-CITE-
30 USC Sec. 1470 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1470. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to the Administrator, for
purposes of carrying out the provisions of subchapters I and II of
this chapter and this subchapter, such sums as may be necessary for
the fiscal years ending September 30, 1981, and September 30, 1982,
and $1,469,000 for the fiscal year ending September 30, 1983,
$2,150,000 for the fiscal year ending September 30, 1984,
$1,500,000 for each of the fiscal years ending September 30, 1985,
and September 30, 1986, $1,500,000 for each of the fiscal years
ending September 30, 1987, September 30, 1988, and September 30,
1989, and $1,525,000 for each of the fiscal years 1990, 1991, 1992,
1993, and 1994.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 310, June 28, 1980, 94 Stat. 582;
Pub. L. 97-416, Jan. 4, 1983, 96 Stat. 2084; Pub. L. 98-623, title
IV, Sec. 403, Nov. 8, 1984, 98 Stat. 3408; Pub. L. 99-507, Sec. 2,
Oct. 21, 1986, 100 Stat. 1847; Pub. L. 101-178, Sec. 1, Nov. 28,
1989, 103 Stat. 1297.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-178 inserted provisions authorizing
appropriations of $1,525,000 for each of fiscal years 1990, 1991,
1992, 1993, and 1994.
1986 - Pub. L. 99-507 inserted provisions authorizing
appropriations of $1,500,000 for each of fiscal years ending Sept.
30, 1987, Sept. 30, 1988, and Sept. 30, 1989.
1984 - Pub. L. 98-623 inserted provisions authorizing
appropriations of $1,500,000 for each of fiscal years ending Sept.
30, 1985, and Sept. 30, 1986.
1983 - Pub. L. 97-416 inserted provisions authorizing
appropriations of $1,469,000 for fiscal year ending Sept. 30, 1983,
and $2,150,000 for fiscal year ending Sept. 30, 1984.
-End-
-CITE-
30 USC Sec. 1471 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1471. Severability
-STATUTE-
If any provision of this chapter or any application thereof is
held invalid, the validity of the remainder of the chapter, or any
other application, shall not be affected thereby.
-SOURCE-
(Pub. L. 96-283, title III, Sec. 311, June 28, 1980, 94 Stat. 582.)
-End-
-CITE-
30 USC Sec. 1472 01/19/04
-EXPCITE-
TITLE 30 - MINERAL LANDS AND MINING
CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 1472. Deep Seabed Revenue Sharing Trust Fund; establishment
-STATUTE-
(a) Creation of Trust Fund
There is established in the Treasury of the United States a trust
fund to be known as the "Deep Seabed Revenue Sharing Trust Fund"
(hereinafter in this section referred to as the "Trust Fund"),
consisting of such amounts as may be appropriated or credited to
the Trust Fund as provided in this section.
(b) Transfer to Trust Fund of amounts equivalent to certain taxes
(1) In general
There are hereby appropriated to the Trust Fund amounts
determined by the Secretary of the Treasury to be equivalent to
the amounts of the taxes received in the Treasury under section
4495 (!1) of title 26.
(2) Method of transfer
The amounts appropriated by paragraph (1) shall be transferred
at least quarterly from the general fund of the Treasury to the
Trust Fund on the basis of estimates made by the Secretary of the
Treasury of the amounts referred to in paragraph (1) received in
the Treasury. Proper adjustments shall be made in the amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amount required to be transferred.
(c) Management of Trust Fund
(1) Report
It shall be the duty of the Secretary of the Treasury to hold
the Trust Fund, and to report to the Congress for the fiscal year
ending September 30, 1980, and each fiscal year thereafter on the
financial condition and the results of the operations of the
Trust Fund during the preceding year and on its expected
condition and operations during the fiscal year and the next five
fiscal years after the fiscal year. Such report shall be printed
as a House document of the session of the Congress to which the
report is made.
(2) Investment
(A) In general
It shall be the duty of the Secretary of the Treasury to
invest such portion of the Trust Fund as is not, in his
judgment, required to meet current withdrawals. Such
investments may be made only in interest-bearing obligations of
the United States. For such purpose, such obligations may be
acquired (i) on original issue at the issue price, or (ii) by
purchase of outstanding obligations at the market price.
(B) Sale of obligations
Any obligation acquired by the Trust Fund may be sold by the
Secretary at the market price.
(C) Interest on certain proceeds
The interest on, and the proceeds from the sale or redemption
of, any obligations held in the Trust Fund shall be credited to
and form a part of the Trust Fund.
(d) Expenditures from Trust Fund
If an international deep seabed treaty is ratified by and in
effect with respect to the United States on or before the date ten
years after June 28, 1980, amounts in the Trust Fund shall be
available, as provided by appropriations Acts, for making
contributions required under such treaty for purposes of the
sharing among nations of the revenues from deep seabed mining.
Nothing in this subsection shall be deemed to authorize any program
or other activity not otherwise authorized by law.
(e) Use of funds
If an international deep seabed treaty is not in effect with
respect to the United States on or before the date ten years after (continued)