30 U.S.C. § 1418 — Diligence requirements

Page 330 TITLE 30—MINERAL LANDS AND MINING § 1417 an opportunity for an agency hearing with re- spect to such denial or suspension, revocation, or modification. (c) Effect on activities; emergency orders The issuance of any notice of proposed suspen- sion or revocation of a license for exploration or permit for commercial recovery or proposed sus- pension or modification of particular activities under such a license or permit shall not affect the continuation of exploration or commercial recovery activities by the licensee or permittee. The provisions of paragraphs (3) and (4) of sub- section (a) and the first sentence of this sub- section shall not apply when the President de- termines by Executive order that an immediate suspension of a license for exploration or permit for commercial recovery, or immediate suspen- sion or modification of particular activities under such a license or permit, is necessary for the reasons set forth in subsection (a)(2)(B), or the Administrator determines that an imme- diate suspension of such a license or permit, or immediate suspension or modification of par- ticular activities under such a license or permit, is necessary to prevent a significant adverse ef- fect on the environment or to preserve the safe- ty of life and property at sea, and the Adminis- trator issues an emergency order requiring such immediate suspension. (d) Judicial review Any determination of the Administrator, after any appropriate administrative review under subsection (b), to certify or deny certification of an application for the issuance or transfer of, or to issue, deny issuance of, transfer, deny the transfer of, modify, renew, suspend, or revoke any license for exploration or permit for com- mercial recovery, or suspend or modify par- ticular activities under such a license or permit, or any immediate suspension of such a license or permit, or immediate suspension or modifica- tion of particular activities under such a license or permit, pursuant to subsection (c), is subject to judicial review as provided in chapter 7 of title 5. (Pub. L. 96–283, title I, § 106, June 28, 1980, 94 Stat. 565.) § 1417. Duration of licenses and permits (a) Duration of a license Each license for exploration shall be issued for a period of 10 years. If the licensee has substan- tially complied with the license and the explo- ration plan associated therewith and has re- quested extensions of the license, the Adminis- trator shall extend the license on terms, condi- tions, and restrictions consistent with this chap- ter and the regulations issued under this chapter for periods of not more than 5 years each. (b) Duration of a permit Each permit for commercial recovery shall be issued for a term of 20 years and for so long thereafter as hard mineral resources are recov- ered annually in commercial quantities from the area to which the recovery plan associated with the permit applies. The permit of any permittee who is not recovering hard mineral resources in commercial quantities at the end of 10 years shall be terminated; except that the Adminis- trator shall for good cause shown, including force majeure, adverse economic conditions, un- avoidable delays in construction, major unan- ticipated vessel repairs that prevent the per- mittee from conducting commercial recovery activities during an annual period, or other cir- cumstances beyond the control of the permittee, extend the 10-year period, but not beyond the initial 20-year term of the permit. (Pub. L. 96–283, title I, § 107, June 28, 1980, 94 Stat. 567.) § 1418. Diligence requirements (a) In general The exploration plan or recovery plan and the terms, conditions, and restrictions of each li- cense and permit issued under this subchapter shall be designed to assure diligent develop- ment. Each licensee shall pursue diligently the activities described in the exploration plan of the licensee, and each permittee shall pursue diligently the activities described in the recov- ery plan of the permittee. (b) Expenditures Each license shall require such periodic rea- sonable expenditures for exploration by the li- censee as the Administrator shall establish, tak- ing into account the size of the area of the deep seabed to which the exploration plan associated with the license applies and the amount of funds which is estimated by the Administrator to be required for commercial recovery of hard min- eral resources to begin within the time limit es- tablished by the Administrator. Such required expenditures shall not be established at a level which would discourage exploration by persons with less costly technology than is prevalently in use. (c) Commercial recovery Once commercial recovery is achieved, the Ad- ministrator shall, within reasonable limits and taking into consideration all relevant factors, require the permittee to maintain commercial recovery throughout the period of the permit; except that the Administrator shall for good cause shown, including force majeure, adverse economic conditions, or other circumstances be- yond the control of the permittee, authorize the temporary suspension of commercial recovery activities. The duration of such a suspension shall not exceed one year at any one time, un- less the Administrator determines that condi- tions justify an extension of the suspension. (Pub. L. 96–283, title I, § 108, June 28, 1980, 94 Stat. 567.) § 1419. Protection of the environment (a) Environmental assessment (1) Deep ocean mining environmental study (DOMES) The Administrator shall expand and accel- erate the program assessing the effects on the environment from exploration and commercial recovery activities, including seabased proc- essing and the disposal at sea of processing wastes, so as to provide an assessment, as ac-