§ 1415. — License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1415]
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. 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 exploration 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 principles of international law;
(2) will not conflict with any international obligation of the
United States established by any treaty or international convention
in force with respect to the United States;
(3) will not create a situation which may reasonably be expected
to lead to a breach of international peace and security involving
armed conflict;
(4) cannot reasonably be expected to result in a significant
adverse effect on the quality of the environment, taking into
account the analyses and information in any applicable environmental
impact statement prepared pursuant to section 1419(c) or 1419(d) of
this title; and
(5) will not pose an inordinate threat to the safety of life and
property at sea.
(b) Issuance and transfer of licenses and permits with terms,
conditions, and restrictions
(1) Within 180 days after certification of any application for the
issuance or transfer of a license or permit under section 1413(g) of
this title, the Administrator shall propose terms and conditions for,
and restrictions on, the exploration or commercial recovery proposed in
the application which are consistent with the provisions of this chapter
and regulations issued under this chapter. If additional time is needed,
the Administrator shall notify the applicant in writing of the reasons
for the delay and indicate the approximate date on which the proposed
terms, conditions, and restrictions will be completed. The Administrator
shall provide to each applicant a written statement of the proposed
terms, conditions, and restrictions. Such terms, conditions, and
restrictions shall be generally specified in regulations with general
criteria and standards to be used in establishing such terms,
conditions, and restrictions for a license or permit and shall be
uniform in all licenses or permits, except to the extent that differing
physical and environmental conditions require the establishment of
special terms, conditions, and restrictions for the conservation of
natural resources, protection of the environment, or the safety of life
and property at sea.
(2) After preparation and consideration of the final environmental
impact statement pursuant to section 1419(d) of this title on the
proposed issuance of a license or permit and subject to the other
provisions of this chapter, the Administrator shall issue to the
applicant the license or permit with the terms, conditions, and
restrictions incorporated therein.
(3) The licensee or permittee to whom a license or permit is issued
or transferred shall be deemed to have accepted the terms, conditions,
and restrictions in the license or permit if the licensee or permittee
does not notify the Administrator within 60 days after receipt of the
license or permit of each term, condition, or restriction with which the
licensee or permittee takes exception. The licensee or permittee may, in
addition to such objections as may be raised under applicable provisions
of law, object to any term, condition, or restriction on the ground that
the term, condition, or restriction is inconsistent with this chapter or
the regulations promulgated thereunder. If, after the Administrator
takes final action on these objections, the licensee or permittee
demonstrates that a dispute remains on a material issue of fact, the
licensee or permittee is entitled to a decision on the record after the
opportunity for an agency hearing pursuant to sections 556 and 557 of
title 5. Any such decision made by the Administrator shall be subject to
judicial review as provided in chapter 7 of title 5.
(c) Modification and revision of terms, conditions, and restrictions
(1) After the issuance or transfer of any license or permit under
subsection (b) of this section, the Administrator, after consultation
with interested agencies and the licensee or permittee, may modify any
term, condition, or restriction in such license or permit--
(A) to avoid unreasonable interference with the interests of
other states in their exercise of the freedoms of the high seas, as
recognized under general principles of international law;
(B) if relevant data and other information (including, but not
limited to, data resulting from exploration or commercial recovery
activities under the license or permit) indicate that modification
is required to protect the quality of the environment or to promote
the safety of life and property at sea and if such modification is
consistent with the regulations issued to carry out section 1419(b)
of this title;
(C) to avoid a conflict with any international obligation of the
United States, established by any treaty or convention in force with
respect to the United States, as determined in writing by the
President; or
(D) to avoid any situation which may reasonably be expected to
lead to a breach of international peace and security involving armed
conflict, as determined in writing by the President.
(2) During the term of a license or a permit, the licensee or
permittee may submit to the Administrator an application for a revision
of the license or permit or the exploration plan or recovery plan
associated with the license or permit. The Administrator shall approve
such application upon a finding in writing that the revision will comply
with the requirements of this chapter and the regulations issued under
this chapter.
(3) The Administrator shall establish, by regulation, guidelines for
a determination of the scale or extent of a proposed modification or
revision for which any or all license or permit application requirements
and procedures, including a public hearing, shall apply. Any increase in
the size of the area, or any change in the location of an area, to which
an exploration plan or a recovery plan applies, except an incidental
increase or change, must be made by application for another license or
permit.
(4) The procedures set forth in subsection (b)(3) of this section
shall apply with respect to any modification under this subsection in
the same manner, and to the same extent, as if such modification were an
initial term, condition, or restriction proposed by the Administrator.
(d) Prior consultations
Prior to making a determination to issue, transfer, modify, or renew
a license or permit under this section, the Administrator shall consult
with any affected Regional Fishery Management Council established
pursuant to section 1852 of title 16, if the activities undertaken
pursuant to such license or permit could adversely affect any fishery
within the Fishery Conservation Zone, or any anadromous species or
Continental Shelf fishery resource subject to the exclusive management
authority of the United States beyond such zone.
(Pub. L. 96-283, title I, Sec. 105, June 28, 1980, 94 Stat. 563; Pub. L.
96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41.)
References in Text
The Fishery Conservation Zone, referred to in subsec. (d), probably
means the fishery conservation zone established by section 1811 of Title
16, Conservation, which as amended generally by Pub. L. 99-659, title I,
Sec. 101(b), Nov. 14, 1986, 100 Stat. 3706, relates to United States
sovereign rights and fishery management authority over fish within the
exclusive economic zone as defined in section 1802 of Title 16.
Amendments
1996--Subsec. (d). Pub. L. 104-208 made technical amendment to
reference in original act which appears in text as reference to section
1852 of title 16.
1980--Subsec. (d). Pub. L. 96-561 made technical amendment to
reference in original act which appears in text as reference to section
1852 of title 16.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Effective Date of 1980 Amendment
Section 238(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective 15 days after Dec. 22, 1980.
Section Referred to in Other Sections
This section is referred to in sections 1416, 1419 of this title.
