§ 1428. — Reciprocating states.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1428]
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. 1428. Reciprocating states
(a) Designation
The Administrator, in consultation with the Secretary of State and
the heads of other appropriate departments and agencies, may designate
any foreign nation as a reciprocating state if the Secretary of State
finds that such foreign nation--
(1) regulates the conduct of its citizens and other persons
subject to its jurisdiction engaged in exploration for, and
commercial recovery of, hard mineral resources of the deep seabed in
a manner compatible with that provided in this chapter and the
regulations issued under this chapter, which includes adequate
measures for the protection of the environment, the conservation of
natural resources, and the safety of life and property at sea, and
includes effective enforcement provisions;
(2) recognizes licenses and permits issued under this subchapter
to the extent that such nation, under its laws, (A) prohibits any
person from engaging in exploration or commercial recovery which
conflicts with that authorized under any such license or permit and
(B) complies with the date for issuance of licenses and the
effective date for permits provided in section 1412(c)(1)(D) of this
title;
(3) recognizes, under its procedures, priorities of right,
consistent with those provided in this chapter and the regulations
issued under this chapter, for applications for licenses for
exploration or permits for commercial recovery, which applications
are made either under its procedures or under this chapter; and
(4) provides an interim legal framework for exploration and
commercial recovery which does not unreasonably interfere 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) Effect of designation
No license or permit shall be issued under this subchapter
permitting any exploration or commercial recovery which will conflict
with any license, permit, or equivalent authorization issued by any
foreign nation which is designated as a reciprocating state under
subsection (a) of this section.
(c) Notification
Upon receipt of any application for a license or permit under this
subchapter, the Administrator shall immediately notify all reciprocating
states of such application. The notification shall include those
portions of the exploration plan or recovery plan submitted with respect
to the application, or a summary thereof, and any other appropriate
information not required to be withheld from public disclosure by
section 1423(c) of this title.
(d) Revocation of reciprocating state status
The Administrator, in consultation with the Secretary of State and
the heads of other appropriate departments and agencies, shall revoke
the designation of a foreign nation as a reciprocating state if the
Secretary of State finds that such foreign nation no longer complies
with the requirements of subsection (a) of this section. At the request
of any holder of a license, permit, or equivalent authorization of such
foreign nation, who obtained the license, permit, or equivalent
authorization while such foreign nation was a reciprocating state, the
Administrator, in consultation with the Secretary of State, may decide
to recognize the license, permit, or equivalent authorization for
purposes of subsection (b) of this section.
(e) Authorization
The President is authorized to negotiate agreements with foreign
nations necessary to implement this section.
(f) International consultations
The Administrator, in consultation with the Secretary of State and
the heads of other appropriate departments and agencies, shall consult
with foreign nations which enact, or are preparing to enact, domestic
legislation establishing an interim legal framework for exploration and
commercial recovery of hard mineral resources. Such consultations shall
be carried out with a view to facilitating the designation of such
nations as reciprocating states and, as necessary, the negotiation of
agreements with foreign nations authorized by subsection (e) of this
section. In addition, the Administrator shall provide such foreign
nations with information on environmental impacts of exploration and
commercial recovery activities, and shall provide any technical
assistance requested in designing regulatory measures to protect the
environment.
(Pub. L. 96-283, title I, Sec. 118, June 28, 1980, 94 Stat. 574.)
Section Referred to in Other Sections
This section is referred to in sections 1403, 1419, 1461 of this
title.
