§ 1419. — Protection of the environment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1419]
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. 1419. Protection of the environment
(a) Environmental assessment
(1) Deep ocean mining environmental study (DOMES)
The Administrator shall expand and accelerate the program
assessing the effects on the environment from exploration and
commercial recovery activities, including seabased processing and
the disposal at sea of processing wastes, so as to provide an
assessment, as accurate as practicable, of environmental impacts of
such activities for the implementation of subsections (b), (c), and
(d) of this section.
(2) Supporting ocean research
The Administrator also shall conduct a continuing program of
ocean research to support environmental assessment activity through
the period of exploration and commercial recovery authorized by this
chapter. The program shall include the development, acceleration,
and expansion, as appropriate, of studies of the ecological,
geological, and physical aspects of the deep seabed in general areas
of the ocean where exploration and commercial development under the
authority of this chapter are likely to occur, including, but not
limited to--
(A) natural diversity of the deep seabed biota;
(B) life histories of major benthic, midwater, and surface
organisms most likely to be affected by commercial recovery
activities;
(C) long- and short-term effects of commercial recovery on
the deep seabed biota; and
(D) assessment of the effects of seabased processing
activities.
Within 160 days after June 28, 1980, the Administrator shall prepare
a plan to carry out the program described in this subsection,
including necessary funding levels for the next five fiscal years,
and shall submit the plan to the Congress.
(b) Terms, conditions, and restrictions
Each license and permit issued under this subchapter shall contain
such terms, conditions, and restrictions, established by the
Administrator, which prescribe the actions the licensee or permittee
shall take in the conduct of exploration and commercial recovery
activities to assure protection of the environment. The Administrator
shall require in all activities under new permits, and wherever
practicable in activities under existing permits, the use of the best
available technologies for the protection of safety, health, and the
environment wherever such activities would have a significant effect on
safety, health, or the environment, except where the Administrator
determines that the incremental benefits are clearly insufficient to
justify the incremental costs of using such technologies. Before
establishing such terms, conditions, and restrictions, the Administrator
shall consult with the Administrator of the Environmental Protection
Agency, the Secretary of State, and the Secretary of the department in
which the Coast Guard is operating, concerning such terms, conditions,
and restrictions, and the Administrator shall take into account and give
due consideration to the information contained in each final
environmental impact statement prepared with respect to such license or
permit pursuant to subsection (d) of this section.
(c) Programmatic environmental impact statement
(1) If the Administrator, in consultation with the Administrator of
the Environmental Protection Agency and with the assistance of other
appropriate Federal agencies, determines that a programmatic
environmental impact statement is required, the Administrator shall, as
soon as practicable after June 28, 1980, with respect to the areas of
the oceans in which any United States citizen is expected to undertake
exploration and commercial recovery under the authority of this
chapter--
(A) prepare and publish draft programmatic environmental impact
statements which assess the environmental impacts of exploration and
commercial recovery in such areas;
(B) afford all interested parties a reasonable time after such
dates of publication to submit comments to the Administrator on such
draft statements; and
(C) thereafter prepare (giving full consideration to all
comments submitted under subparagraph (B)) and publish final
programmatic environmental impact statements regarding such areas.
(2) With respect to the area of the oceans in which exploration and
commercial recovery by any United States citizen will likely first occur
under the authority of this chapter, the Administrator shall prepare a
draft and final programmatic environmental impact statement as required
under paragraph (1), except that--
(A) the draft programmatic environmental impact statement shall
be prepared and published as soon as practicable but not later than
270 days (or such longer period as the Administrator may establish
for good cause shown) after June 28, 1980; and
(B) the final programmatic environmental impact statement shall
be prepared and published within 180 days (or such longer period as
the Administrator may establish for good cause shown) after the date
on which the draft statement is published.
(d) Environmental impact statements on issuance of licenses and permits
The issuance of, but not the certification of an application for,
any license or permit under this subchapter shall be deemed to be a
major Federal action significantly affecting the quality of the human
environment for purposes of section 4332 of title 42. In preparing an
environmental impact statement pursuant to this subsection, the
Administrator shall consult with the agency heads referred to in
subsection (b) of this section and shall take into account, and give due
consideration to, the relevant information contained in any applicable
studies and any other environmental impact statement prepared pursuant
to this section. Each draft environmental impact statement prepared
pursuant to this subsection shall be published, with the terms,
conditions, and restrictions proposed pursuant to section 1415(b) of
this title, within 180 days (or such longer period as the Administrator
may establish for good cause shown in writing) following the date on
which the application for the license or permit concerned is certified
by the Administrator. Each final environmental impact statement shall be
published 180 days (or such longer period as the Administrator may
establish for good cause shown in writing) following the date on which
the draft environmental impact statement is published.
(e) Effect on other law
For the purposes of this chapter, any vessel or other floating craft
engaged in commercial recovery or exploration shall not be deemed to be
``a vessel or other floating craft'' under section 502(12)(B) of the
Clean Water Act [33 U.S.C. 1362(12)(B)] and any discharge of a pollutant
from such vessel or other floating craft shall be subject to the Clean
Water Act [33 U.S.C. 1251 et seq.].
(f) Stable reference areas
(1) Within one year after June 28, 1980, the Secretary of State
shall, in cooperation with the Administrator and as part of the
international consultations pursuant to section 1428(f) of this title,
negotiate with all nations that are identified in such subsection for
the purpose of establishing international stable reference areas in
which no mining shall take place: Provided, however, That this
subsection shall not be construed as requiring any substantial
withdrawal of deep seabed areas from deep seabed mining authorized by
this chapter.
(2) Nothing in this chapter shall be construed as authorizing the
United States to unilaterally establish such reference area or areas nor
shall the United States recognize the unilateral claim to such reference
area or areas by any State.
(3) Within four years after June 28, 1980, the Secretary of State
shall submit a report to Congress on the progress of establishing such
stable reference areas, including the designation of appropriate zones
to insure a representative and stable biota of the deep seabed.
(4) For purposes of this section ``stable reference areas'' shall
mean an area or areas of the deep seabed to be used as a reference zone
or zones for purposes of resource evaluation and environmental
assessment of deep seabed mining in which no mining will occur.
(Pub. L. 96-283, title I, Sec. 109, June 28, 1980, 94 Stat. 568.)
References in Text
The Clean Water Act, referred to in subsec. (e), is act June 30,
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18,
1972, 86 Stat. 816, also known as the Federal Water Pollution Control
Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of
Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see Short Title note set out under section 1251
of Title 33 and Tables.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 1415, 1468 of this title.
