30 U.S.C. § 1415 — License and permit terms, conditions, and

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 to any applicant for the issuance or transfer of a li- cense or a permit and the exploration or com- mercial 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 Adminis- trator shall certify the application for the issuance or transfer of the license or permit. The Administrator, to the maximum extent pos- sible, 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 Admin- istrator shall inform the applicant in writing of the then pending unresolved issues, the Admin- istrator’s efforts to resolve them, and an esti- mate of the time required to do so. (Pub. L. 96–283, title I, § 103, June 28, 1980, 94 Stat. 560; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(E), Nov. 2, 2002, 116 Stat. 1921.) Editorial Notes 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, 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, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classi- fication 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 Robin- son-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 sec- tions 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, which is classified generally to sub- chapter I (§ 41 et seq.) of chapter 2 of Title 15. For com- plete classification of this Act to the Code, see section 58 of Title 15 and Tables. AMENDMENTS 2002—Subsec. (d)(7). Pub. L. 107–273 substituted ‘‘76’’ for ‘‘77’’. Statutory Notes and Related Subsidiaries 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. § 1414. License and permit fees No application for the issuance or transfer of a license for exploration or permit for commer- cial recovery shall be certified unless the appli- cant pays to the Administrator a reasonable ad- ministrative 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 re- viewing and processing the application. (Pub. L. 96–283, title I, § 104, June 28, 1980, 94 Stat. 563.) § 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 Before issuing or transferring a license for ex- ploration 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 prin- ciples of international law; Page 328 TITLE 30—MINERAL LANDS AND MINING § 1415 (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 en- vironmental impact statement prepared pur- suant 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 li- cense or permit under section 1413(g) of this title, the Administrator shall propose terms and conditions for, and restrictions on, the explo- ration or commercial recovery proposed in the application which are consistent with the provi- sions 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 com- pleted. 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 Admin- istrator shall issue to the applicant the license or permit with the terms, conditions, and re- strictions incorporated therein. (3) The licensee or permittee to whom a li- cense 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 Admin- istrator within 60 days after receipt of the li- cense or permit of each term, condition, or re- striction 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 incon- sistent with this chapter or the regulations pro- mulgated thereunder. If, after the Adminis- trator takes final action on these objections, the licensee or permittee demonstrates that a dis- pute remains on a material issue of fact, the li- censee 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, condi- tions, and restrictions (1) After the issuance or transfer of any li- cense or permit under subsection (b), the Admin- istrator, 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 ac- tivities 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 regula- tions issued to carry out section 1419(b) of this title; (C) to avoid a conflict with any inter- national obligation of the United States, es- tablished by any treaty or convention in force with respect to the United States, as deter- mined in writing by the President; or (D) to avoid any situation which may rea- sonably 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 Ad- ministrator an application for a revision of the license or permit or the exploration plan or re- covery plan associated with the license or per- mit. The Administrator shall approve such ap- plication upon a finding in writing that the revi- sion will comply with the requirements of this chapter and the regulations issued under this chapter. (3) The Administrator shall establish, by regu- lation, guidelines for a determination of the scale or extent of a proposed modification or re- vision for which any or all license or permit ap- plication requirements and procedures, includ- ing a public hearing, shall apply. Any increase in the size of the area, or any change in the loca- tion of an area, to which an exploration plan or a recovery plan applies, except an incidental in- crease 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 Page 329 TITLE 30—MINERAL LANDS AND MINING § 1416 under this section, the Administrator shall con- sult with any affected Regional Fishery Manage- ment Council established pursuant to section 1852 of title 16, if the activities undertaken pur- suant to such license or permit could adversely affect any fishery within the Fishery Conserva- tion Zone, or any anadromous species or Conti- nental Shelf fishery resource subject to the ex- clusive management authority of the United States beyond such zone. (Pub. L. 96–283, title I, § 105, June 28, 1980, 94 Stat. 563; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Fishery Conservation Zone, referred to in subsec. (d), probably means the fishery conservation zone es- tablished by section 1811 of Title 16, Conservation, which as amended generally by Pub. L. 99–659, title I, § 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States sovereign rights and fishery management au- thority over fish within the exclusive economic zone as defined in section 1802 of Title 16. 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. § 1416. Denial of certification of applications and of issuance, transfer, suspension, and revoca- tion of licenses and permits; suspension and modification of activities (a) Denial, suspension, modification, and revoca- tion (1) The Administrator may deny certification of an application for the issuance or transfer of, and may deny the issuance or transfer of, a li- cense for exploration or permit for commercial recovery if the Administrator finds that the ap- plicant, or the activities proposed to be under- taken by the applicant, do not meet the require- ments set forth in section 1413(c) of this title, section 1415(a) of this title, or in any other pro- vision 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 imposi- tion 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, sus- pend 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 regula- tion issued under this chapter, or any term, condition, or restriction of the license or per- mit; and (B) suspend or modify particular activities under any license or permit, if the President determines that such suspension or modifica- tion 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 reason- ably be expected to lead to a breach of inter- national peace and security involving armed conflict. (3) No action may be taken by the Adminis- trator to deny issuance or transfer of or to re- voke any license or permit or, except as pro- vided in subsection (c), to suspend any license or permit or suspend or modify particular activi- ties under a license or permit, unless the Admin- istrator— (A) publishes in the Federal Register and gives the applicant, licensee, or permittee, as the case may be, written notice of the inten- tion 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, sus- pension, modification, or revocation is a defi- ciency which the applicant, licensee, or per- mittee can correct, affords the applicant, li- censee, or permittee a reasonable time, but not more than 180 days from the date of the notice or such longer period as the Adminis- trator 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 per- mit— (A) on the thirtieth day after the date of the notice given to the applicant, licensee, or per- mittee under paragraph (3)(A) unless before such day the applicant, licensee, or permittee requests a review of the proposed denial, sus- pension, 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 defi- ciency, 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) 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 par- ticular activities under such a license or permit, is entitled to an adjudication on the record after