30 U.S.C. § 1428 — Reciprocating states

Page 335 TITLE 30—MINERAL LANDS AND MINING § 1441 ronmental requirements of or under this chapter shall be in addition to other requirements of law. (Pub. L. 96–283, title I, § 117, June 28, 1980, 94 Stat. 573.) § 1428. Reciprocating states (a) Designation The Administrator, in consultation with the Secretary of State and the heads of other appro- priate departments and agencies, may designate any foreign nation as a reciprocating state if the Secretary of State finds that such foreign na- tion— (1) regulates the conduct of its citizens and other persons subject to its jurisdiction en- gaged in exploration for, and commercial re- covery of, hard mineral resources of the deep seabed in a manner compatible with that pro- vided in this chapter and the regulations issued under this chapter, which includes ade- quate measures for the protection of the envi- ronment, the conservation of natural re- sources, and the safety of life and property at sea, and includes effective enforcement provi- sions; (2) recognizes licenses and permits issued under this subchapter to the extent that such nation, under its laws, (A) prohibits any per- son from engaging in exploration or commer- cial recovery which conflicts with that au- thorized under any such license or permit and (B) complies with the date for issuance of li- censes and the effective date for permits pro- vided in section 1412(c)(1)(D) of this title; (3) recognizes, under its procedures, prior- ities of right, consistent with those provided in this chapter and the regulations issued under this chapter, for applications for li- censes for exploration or permits for commer- cial recovery, which applications are made ei- ther under its procedures or under this chap- ter; and (4) provides an interim legal framework for exploration and commercial recovery which does not unreasonably interfere with the in- terests of other states in their exercise of the freedoms of the high seas, as recognized under general principles of international law. (b) Effect of designation No license or permit shall be issued under this subchapter permitting any exploration or com- mercial recovery which will conflict with any li- cense, permit, or equivalent authorization issued by any foreign nation which is designated as a reciprocating state under subsection (a). (c) Notification Upon receipt of any application for a license or permit under this subchapter, the Adminis- trator shall immediately notify all recipro- cating states of such application. The notifica- tion shall include those portions of the explo- ration plan or recovery plan submitted with re- spect to the application, or a summary thereof, and any other appropriate information not re- quired to be withheld from public disclosure by section 1423(c) of this title. (d) Revocation of reciprocating state status The Administrator, in consultation with the Secretary of State and the heads of other appro- priate departments and agencies, shall revoke the designation of a foreign nation as a recipro- cating state if the Secretary of State finds that such foreign nation no longer complies with the requirements of subsection (a). At the request of any holder of a license, permit, or equivalent au- thorization of such foreign nation, who obtained the license, permit, or equivalent authorization while such foreign nation was a reciprocating state, the Administrator, in consultation with the Secretary of State, may decide to recognize the license, permit, or equivalent authorization for purposes of subsection (b). (e) Authorization The President is authorized to negotiate agreements with foreign nations necessary to implement this section. (f) International consultations The Administrator, in consultation with the Secretary of State and the heads of other appro- priate departments and agencies, shall consult with foreign nations which enact, or are pre- paring to enact, domestic legislation estab- lishing an interim legal framework for explo- ration and commercial recovery of hard mineral resources. Such consultations shall be carried out with a view to facilitating the designation of such nations as reciprocating states and, as necessary, the negotiation of agreements with foreign nations authorized by subsection (e). In addition, the Administrator shall provide such foreign nations with information on environ- mental impacts of exploration and commercial recovery activities, and shall provide any tech- nical assistance requested in designing regu- latory measures to protect the environment. (Pub. L. 96–283, title I, § 118, June 28, 1980, 94 Stat. 574.) SUBCHAPTER II—TRANSITION TO INTERNATIONAL AGREEMENT § 1441. Declaration of Congressional intent It is the intent of Congress— (1) that any international agreement to which the United States becomes a party should, in addition to promoting other na- tional oceans objectives— (A) provide assured and nondiscriminatory access, under reasonable terms and condi- tions, to the hard mineral resources of the deep seabed for United States citizens, and (B) provide security of tenure by recog- nizing the rights of United States citizens who have undertaken exploration or com- mercial recovery under subchapter I before such agreement enters into force with re- spect to the United States to continue their operations under terms, conditions, and re- strictions which do not impose significant new economic burdens upon such citizens with respect to such operations with the ef- fect of preventing the continuation of such operations on a viable economic basis; (2) that the extent to which any such inter- national agreement conforms to the provisions of paragraph (1) should be determined by the totality of the provisions of such agreement, including, but not limited to, the practical im-