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30 U.S.C. § 1413 — Definitions

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

30 U.S.C. § 1413 — Definitions

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

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Source file: Laws/federal/codes/united-states-code/title-30/section-1413-definitions--6276553066.md
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Source location: Title 30, Chapter 26, § 1413; chapter-026-deep-seabed-hard-mineral-resources.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1428&num=0&edition=prelim); (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).

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

30 U.S.C. § 1428 — Relinquishment, surrender, and transfer of licenses and permits

**(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.

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

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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

15 U.S.C. § 3 — Trusts in Territories or District of Columbia illegal; combination a felony

**(a)** Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. **(b)** Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce in any Territory of the United States or of the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia, and any State or States or foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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

30 U.S.C. § 1413 — License and permit applications, review,

Page 325 TITLE 30—MINERAL LANDS AND MINING § 1413 1See References in Text note below. (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 per- mit 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 com- mercial recovery, processing, or transportation from any mining site of hard mineral resources recovered under a permit issued under this sub- chapter 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 109 of title 46, and shall be deemed to be a vessel as defined in section 53701(13) 1 of title 46. (5) Except as otherwise provided in this para- graph, the processing on land of hard mineral re- sources 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 Adminis- trator 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 eco- nomic 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 Admi

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