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30 U.S.C. § 1414 — Prohibited activities by United States citizens

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1414 — Prohibited activities by United States citizens

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Stable record: federal_law:legal_authorities:record_usc_5d270c8bc2daa66926dbe807
Source file: Laws/federal/codes/united-states-code/title-30/section-1414-prohibited-activities-by-united-states-citizens--c4122249d7.md
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Source location: Title 30, Chapter 26, § 1414; chapter-026-deep-seabed-hard-mineral-resources.md

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**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1416/a/2/B&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/b&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1413/a/2&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1416 — License and permit applications, review, and certification

**(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

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1414 — License and permit fees

Page 327 TITLE 30—MINERAL LANDS AND MINING § 1415 agencies having expertise concerning, or juris- diction over, any aspect of the recovery or proc- essing of hard mineral resources shall transmit to the Administrator written comments as to their expertise or statutory responsibilities pur- suant to this chapter or any other Federal law. To the extent possible, such agencies shall co- operate to reduce the number of separate ac- tions required to satisfy the statutory respon- sibilities of these agencies. The Administrator shall transmit to each such agency or depart- ment 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 applica- tion, recommend certification of the applica- tion, issuance or transfer of the license or per- mit, or denial of such certification, issuance, or transfer. In any case in which an agency or de- partment recommends such a denial, it shall set forth in detail the manner in which the applica- tion does not comply with any law or regulation within its area of responsibility and shall indi- cate how the application may be amended, or how terms, conditions, or restrictions might be added to the license or permit, to assure compli- ance with such law or regulation. (f) Review period All time periods for the review of an applica- tion for issuance or transfer of a license or per- mit established pursuant to this section shall, to the maximum extent practicable, run concur- rently 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

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