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 Admin- istrator so requires after determining that the national interest necessitates such return. (Pub. L. 96–283, title I, § 102, June 28, 1980, 94 Stat. 558.) Editorial Notes REFERENCES IN TEXT Section 53701(13) of title 46, referred to in subsec. (c)(4), was redesignated section 53701(14) of title 46 by Pub. L. 114–120, title III, § 302(a)(1)(A), Feb. 8, 2016, 130 Stat. 51. CODIFICATION In subsec. (c)(4), ‘‘section 109 of title 46’’ substituted for ‘‘section 905(a) of the Merchant Marine Act, 1936’’ and ‘‘section 53701(13) of title 46’’ substituted for ‘‘sec- tion 1101(b) of that Act’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sec- tions 109 and 53701 of Title 46, Shipping. § 1413. 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 commer- cial recovery. (2)(A) Applications for issuance or transfer of licenses for exploration and permits for commer- cial recovery shall be made in such form and manner as the Administrator shall prescribe in general and uniform regulations and shall con- tain such relevant financial, technical, and envi- ronmental 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 reg- ulations, each applicant for the issuance of a li- cense shall submit an exploration plan as de- scribed in subparagraph (B), and each applicant for a permit shall submit a recovery plan as de- scribed 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 ex- ploration schedule and methods to be used, the development and testing of systems for commer- cial recovery to take place under the terms of the license, an estimated schedule of expendi- tures, measures to protect the environment and to monitor the effectiveness of environmental safeguards and monitoring systems for commer- cial recovery, and such other information as is necessary and appropriate to carry out the pro- visions 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 in- clude the intended schedule of commercial re- covery, environmental safeguards and moni- toring systems, details of the area or areas pro- posed for commercial recovery, a resource as- sessment thereof, the methods and technology to be used for commercial recovery and proc- essing, the methods to be used for disposal of wastes from recovery and processing, and such other information as is necessary and appro- priate to carry out the provisions of this sub- chapter. (D) The applicant shall select the size and lo- cation of the area of the exploration plan or re- covery 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 environ- ment which cannot be avoided by the imposi- tion 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 con- servation and protection of the environment, taking into consideration the resource data, other relevant physical and environmental characteristics, and the state of the tech- nology of the applicant as set forth in the ex- ploration 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 re- quirements over the initial 20-year term of the permit in an efficient, economical, and Page 326 TITLE 30—MINERAL LANDS AND MINING § 1413 orderly manner with due regard for con- servation and protection of the environ- ment, taking into consideration the resource data, other relevant physical and environ- mental characteristics, and the state of the technology of the applicant set out in the re- covery plan; (II) which is not larger than is necessary to satisfy the permittee’s estimated produc- tion 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 unreason- able. (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 chrono- logical order in which license applications which are in substantial compliance with the require- ments established under subsection (a)(2) of this section are filed with the Administrator. Pri- ority 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 ap- plication 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 agen- cies pursuant to subsection (e) of this section, that— (1) the applicant has demonstrated that, upon issuance or transfer of the license or per- mit, the applicant will be financially respon- sible to meet all obligations which may be re- quired of a licensee or permittee to engage in the exploration or commercial recovery pro- posed in the application; (2) the applicant has demonstrated that, upon issuance or transfer of the license or per- mit, 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 appli- cant 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 recov- ery, the Administrator shall transmit promptly a complete copy of such application to the At- torney 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 appro- priate and shall, if they deem appropriate, ad- vise 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 recommenda- tions they deem advisable to avoid any action upon such application by the Administrator which would create or maintain a situation in- consistent with the antitrust laws. Such rec- ommendations 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 con- firmation by the Attorney General and the Fed- eral 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 li- cense or permit has been recommended by the Attorney General or the Federal Trade Commis- sion, 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 per- mit under this subchapter shall not be admis- sible 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 ac- tion under such laws. (7) As used in this subsection, the term ‘‘anti- trust laws’’ means the Act of July 2, 1890 (com- monly 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 per- mit 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 af- fected by the activities proposed in the applica- tion 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 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;