§ 1413. — License and permit applications, review, and certification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1413]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY
UNITED STATES CITIZENS
Sec. 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
commercial recovery.
(2)(A) Applications for issuance or transfer of licenses for
exploration and permits for commercial recovery shall be made in such
form and manner as the Administrator shall prescribe in general and
uniform regulations and shall contain such relevant financial,
technical, and environmental 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 regulations,
each applicant for the issuance of a license shall submit an exploration
plan as described in subparagraph (B), and each applicant for a permit
shall submit a recovery plan as described 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 exploration
schedule and methods to be used, the development and testing of systems
for commercial recovery to take place under the terms of the license, an
estimated schedule of expenditures, measures to protect the environment
and to monitor the effectiveness of environmental safeguards and
monitoring systems for commercial recovery, and such other information
as is necessary and appropriate to carry out the provisions 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
include the intended schedule of commercial recovery, environmental
safeguards and monitoring systems, details of the area or areas proposed
for commercial recovery, a resource assessment thereof, the methods and
technology to be used for commercial recovery and processing, the
methods to be used for disposal of wastes from recovery and processing,
and such other information as is necessary and appropriate to carry out
the provisions of this subchapter.
(D) The applicant shall select the size and location of the area of
the exploration plan or recovery 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
environment which cannot be avoided by the imposition 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 conservation and
protection of the environment, taking into consideration the
resource data, other relevant physical and environmental
characteristics, and the state of the technology of the applicant as
set forth in the exploration 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 requirements over the initial 20-year term of the
permit in an efficient, economical, and orderly manner with due
regard for conservation and protection of the environment,
taking into consideration the resource data, other relevant
physical and environmental characteristics, and the state of the
technology of the applicant set out in the recovery plan;
(II) which is not larger than is necessary to satisfy the
permittee's estimated production 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
unreasonable.
(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 chronological order in which license applications which are in
substantial compliance with the requirements established under
subsection (a)(2) of this section are filed with the Administrator.
Priority 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 application 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 agencies pursuant to subsection (e) of this section,
that--
(1) the applicant has demonstrated that, upon issuance or
transfer of the license or permit, the applicant will be financially
responsible to meet all obligations which may be required of a
licensee or permittee to engage in the exploration or commercial
recovery proposed in the application;
(2) the applicant has demonstrated that, upon issuance or
transfer of the license or permit, 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
applicant 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
recovery, the Administrator shall transmit promptly a complete copy of
such application to the Attorney 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
appropriate and shall, if they deem appropriate, advise 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 recommendations they deem advisable to avoid any action upon such
application by the Administrator which would create or maintain a
situation inconsistent with the antitrust laws. Such recommendations 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 confirmation by the Attorney
General and the Federal 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
license or permit has been recommended by the Attorney General or the
Federal Trade Commission, 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 permit under this
subchapter shall not be admissible 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
action under such laws.
(7) As used in this subsection, the term ``antitrust laws'' means
the Act of July 2, 1890 (commonly 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 permit 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 affected by the activities proposed in the application 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 agencies
having expertise concerning, or jurisdiction over, any aspect of the
recovery or processing of hard mineral resources shall transmit to the
Administrator written comments as to their expertise or statutory
responsibilities pursuant to this chapter or any other Federal law. To
the extent possible, such agencies shall cooperate to reduce the number
of separate actions required to satisfy the statutory responsibilities
of these agencies. The Administrator shall transmit to each such agency
or department 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 application, recommend
certification of the application, issuance or transfer of the license or
permit, or denial of such certification, issuance, or transfer. In any
case in which an agency or department recommends such a denial, it shall
set forth in detail the manner in which the application does not comply
with any law or regulation within its area of responsibility and shall
indicate how the application may be amended, or how terms, conditions,
or restrictions might be added to the license or permit, to assure
compliance with such law or regulation.
(f) Review period
All time periods for the review of an application for issuance or
transfer of a license or permit established pursuant to this section
shall, to the maximum extent practicable, run concurrently 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 license or a permit and the
exploration or commercial 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 Administrator shall certify the
application for the issuance or transfer of the license or permit. The
Administrator, to the maximum extent possible, 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
Administrator shall inform the applicant in writing of the then pending
unresolved issues, the Administrator's efforts to resolve them, and an
estimate of the time required to do so.
(Pub. L. 96-283, title I, Sec. 103, June 28, 1980, 94 Stat. 560; Pub. L.
107-273, div. C, title IV, Sec. 14102(c)(2)(E), Nov. 2, 2002, 116 Stat.
1921.)
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, as amended, 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, as amended, which
is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to
27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further
details and complete classification 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 Robinson-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 sections 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, as
amended, which is classified generally to subchapter I (Sec. 41 et seq.)
of chapter 2 of Title 15. For complete 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''.
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.
Section Referred to in Other Sections
This section is referred to in sections 1411, 1412, 1415, 1416 of
this title.
