§ 1416. — Denial of certification of applications and of issuance, transfer, suspension, and revocation of licenses and permits; suspension and modification of activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1416]
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. 1416. Denial of certification of applications and of
issuance, transfer, suspension, and revocation of licenses and
permits; suspension and modification of activities
(a) Denial, suspension, modification, and revocation
(1) The Administrator may deny certification of an application for
the issuance or transfer of, and may deny the issuance or transfer of, a
license for exploration or permit for commercial recovery if the
Administrator finds that the applicant, or the activities proposed to be
undertaken by the applicant, do not meet the requirements set forth in
section 1413(c) of this title, section 1415(a) of this title, or in any
other provision of this chapter, or any regulation issued under this
chapter, for the issuance or transfer of a license or permit.
(2) The Administrator may--
(A) in addition to, or in lieu of, the imposition of any civil
penalty under section 1462(a) of this title, or in addition to the
imposition of any fine under section 1463 of this title, suspend or
revoke any license or permit issued under this chapter, or suspend
or modify any particular activities under such a license or permit,
if the licensee or permittee, as the case may be, substantially
fails to comply with any provision of this chapter, any regulation
issued under this chapter, or any term, condition, or restriction of
the license or permit; and
(B) suspend or modify particular activities under any license or
permit, if the President determines that such suspension or
modification is necessary (i) to avoid any conflict with any
international obligation of the United States established by any
treaty or convention in force with respect to the United States, or
(ii) to avoid any situation which may reasonably be expected to lead
to a breach of international peace and security involving armed
conflict.
(3) No action may be taken by the Administrator to deny issuance or
transfer of or to revoke any license or permit or, except as provided in
subsection (c) of this section, to suspend any license or permit or
suspend or modify particular activities under a license or permit,
unless the Administrator--
(A) publishes in the Federal Register and gives the applicant,
licensee, or permittee, as the case may be, written notice of the
intention of the Administrator to deny the issuance or transfer of
or to suspend, modify, or revoke the license or permit and the
reason therefor; and
(B) if the reason for the proposed denial, suspension,
modification, or revocation is a deficiency which the applicant,
licensee, or permittee can correct, affords the applicant, licensee,
or permittee a reasonable time, but not more than 180 days from the
date of the notice or such longer period as the Administrator may
establish for good cause shown, to correct such deficiency.
(4) The Administrator shall deny issuance or transfer of, or suspend
or revoke, any license or permit or order the suspension or modification
of particular activities under a license or permit--
(A) on the thirtieth day after the date of the notice given to
the applicant, licensee, or permittee under paragraph (3)(A) unless
before such day the applicant, licensee, or permittee requests a
review of the proposed denial, suspension, modification, or
revocation; or
(B) on the last day of the period established under paragraph
(3)(B) in which the applicant, licensee, or permittee must correct a
deficiency, if such correction has not been made before such day.
(b) Administrative review of proposed denial, suspension, modification,
or revocation
Any applicant, licensee, or permittee, as the case may be, who makes
a timely request under subsection (a) of this section for review of a
denial of issuance or transfer, or a suspension or revocation, of a
license for exploration or permit for commercial recovery, or a
suspension or modification of particular activities under such a license
or permit, is entitled to an adjudication on the record after an
opportunity for an agency hearing with respect to such denial or
suspension, revocation, or modification.
(c) Effect on activities; emergency orders
The issuance of any notice of proposed suspension or revocation of a
license for exploration or permit for commercial recovery or proposed
suspension 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 subsection (a) of this section and the first
sentence of this subsection shall not apply when the President
determines by Executive order that an immediate suspension of a license
for exploration or permit for commercial recovery, or immediate
suspension or modification of particular activities under such a license
or permit, is necessary for the reasons set forth in subsection
(a)(2)(B) of this section, or the Administrator determines that an
immediate suspension of such a license or permit, or immediate
suspension or modification of particular activities under such a license
or permit, is necessary to prevent a significant adverse effect on the
environment or to preserve the safety of life and property at sea, and
the Administrator issues an emergency order requiring such immediate
suspension.
(d) Judicial review
Any determination of the Administrator, after any appropriate
administrative review under subsection (b) of this section, 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
commercial recovery, or suspend or modify particular activities under
such a license or permit, or any immediate suspension of such a license
or permit, or immediate suspension or modification of particular
activities under such a license or permit, pursuant to subsection (c) of
this section, is subject to judicial review as provided in chapter 7 of
title 5.
(Pub. L. 96-283, title I, Sec. 106, June 28, 1980, 94 Stat. 565.)
Section Referred to in Other Sections
This section is referred to in sections 1411, 1412 of this title.
