US (United States) Code. Title 30. Chapter 26: Deep seabed hard mineral resources

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Mineral lands and mining

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 79 páginas
publicidad
publicidad

-CITE-

30 USC CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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

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, 20, 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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 section is referred to in section 1461 of this title.

-End-

-CITE-

30 USC Sec. 1425 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-EXPCITE-

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 01/06/03

-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 01/06/03

-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 01/06/03

-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

June 28, 1980, amounts in the Trust Fund shall be available for

such purposes as Congress may hereafter provide by law.

(f) International deep seabed treaty

For purposes of this section, the term "international deep seabed

treaty" has the meaning given to such term by section 4498(b) (!1)

of title 26.

-SOURCE-

(Pub. L. 96-283, title IV, Sec. 403, June 28, 1980, 94 Stat. 584;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4495 and 4498 of title 26, referred to in subsecs.

(b)(1) and (f), were repealed by Pub. L. 105-34, title XIV, Sec.

1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.

-COD-

CODIFICATION

Section was enacted as part of title IV of Pub. L. 96-283, and

not as part of title III of Pub. L. 96-283, which comprises this

subchapter.

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(1). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(1) of this section relating to the duty of the Secretary of the

Treasury to report annually to Congress, see section 3003 of Pub.

L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 143 of House Document No.

103-7.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

30 USC Sec. 1473 01/06/03

-EXPCITE-

TITLE 30 - MINERAL LANDS AND MINING

CHAPTER 26 - DEEP SEABED HARD MINERAL RESOURCES

SUBCHAPTER III - ENFORCEMENT AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1473. Revenue and customs or tariff treatment of deep seabed

mining unaffected

-STATUTE-

Except as otherwise provided in sections 4495 to 4498 (!1) of

title 26, nothing in this chapter shall affect the application of

title 26. Nothing in this chapter shall affect the application of

the customs or tariff laws of the United States.

-SOURCE-

(Pub. L. 96-283, title IV, Sec. 404, June 28, 1980, 94 Stat. 586;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4495 to 4498 of title 26, referred to in text, were in

the original "section 402", meaning section 402 of Pub. L. 96-283,

title IV, June 28, 1980, 94 Stat. 582, which enacted sections 4495

to 4498 of Title 26, Internal Revenue Code, and enacted a provision

set out as a note under section 4495 of Title 26. Sections 4495 to

4498 of title 26 were repealed by Pub. L. 105-34, title XIV, Sec.

1432(b)(1), Aug. 5, 1997, 111 Stat. 1050.

This chapter, referred to in text, 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 under section 1401 of this title and Tables.

The customs or tariff laws of the United States, referred to in

text, are classified generally to Title 19, Customs Duties.

-COD-

CODIFICATION

Section was enacted as part of title IV of Pub. L. 96-283, and

not as part of title III of Pub. L. 96-283 which comprises this

subchapter.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

-FOOTNOTE-

(!1) See References in Text note below.

-End-