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 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;