§ 1401. — Congressional findings and declaration of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1401]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
Sec. 1401. Congressional findings and declaration of purpose
(a) Findings
The Congress finds that--
(1) the United States' requirements for hard minerals to satisfy
national industrial needs will continue to expand and the demand for
such minerals will increasingly exceed the available domestic
sources of supply;
(2) in the case of certain hard minerals, the United States is
dependent upon foreign sources of supply and the acquisition of such
minerals from foreign sources is a significant factor in the
national balance-of-payments position;
(3) the present and future national interest of the United
States requires the availability of hard mineral resources which is
independent of the export policies of foreign nations;
(4) there is an alternate source of supply, which is significant
in relation to national needs, of certain hard minerals, including
nickel, copper, cobalt, and manganese, contained in the nodules
existing in great abundance on the deep seabed;
(5) the nations of the world, including the United States, will
benefit if the hard mineral resources of the deep seabed beyond
limits of national jurisdiction can be developed and made available
for their use;
(6) in particular, future access to the nickel, copper, cobalt,
and manganese resources of the deep seabed will be important to the
industrial needs of the nations of the world, both developed and
developing;
(7) on December 17, 1970, the United States supported (by
affirmative vote) the United Nations General Assembly Resolution
2749 (XXV) declaring inter alia the principle that the mineral
resources of the deep seabed are the common heritage of mankind,
with the expectation that this principle would be legally defined
under the terms of a comprehensive international Law of the Sea
Treaty yet to be agreed upon;
(8) it is in the national interest of the United States and
other nations to encourage a widely acceptable Law of the Sea
Treaty, which will provide a new legal order for the oceans covering
a broad range of ocean interests, including exploration for and
commercial recovery of hard mineral resources of the deep seabed;
(9) the negotiations to conclude such a Treaty and establish the
international regime governing the exercise of rights over, and
exploration of, the resources of the deep seabed, referred to in
General Assembly Resolution 2749 (XXV) are in progress but may not
be concluded in the near future;
(10) even if such negotiations are completed promptly, much time
will elapse before such an international regime is established and
in operation;
(11) development of technology required for the exploration and
recovery of hard mineral resources of the deep seabed will require
substantial investment for many years before commercial production
can occur, and must proceed at this time if deep seabed minerals are
to be available when needed;
(12) it is the legal opinion of the United States that
exploration for and commercial recovery of hard mineral resources of
the deep seabed are freedoms of the high seas subject to a duty of
reasonable regard to the interests of other states in their exercise
of those and other freedoms recognized by general principles of
international law;
(13) pending a Law of the Sea Treaty, and in the absence of
agreement among states on applicable principles of international
law, the uncertainty among potential investors as to the future
legal regime is likely to discourage or prevent the investments
necessary to develop deep seabed mining technology;
(14) pending a Law of the Sea Treaty, the protection of the
marine environment from damage caused by exploration or recovery of
hard mineral resources of the deep seabed depends upon the enactment
of suitable interim national legislation;
(15) a Law of the Sea Treaty is likely to establish financial
arrangements which obligate the United States or United States
citizens to make payments to an international organization with
respect to exploration or recovery of the hard mineral resources of
the deep seabed; and
(16) legislation is required to establish an interim legal
regime under which technology can be developed and the exploration
and recovery of the hard mineral resources of the deep seabed can
take place until such time as a Law of the Sea Treaty enters into
force with respect to the United States.
(b) Purposes
The Congress declares that the purposes of this chapter are--
(1) to encourage the successful conclusion of a comprehensive
Law of the Sea Treaty, which will give legal definition to the
principle that the hard mineral resources of the deep seabed are the
common heritage of mankind and which will assure, among other
things, nondiscriminatory access to such resources for all nations;
(2) pending the ratification by, and entering into force with
respect to, the United States of such a Treaty, to provide for the
establishment of an international revenue-sharing fund the proceeds
of which shall be used for sharing with the international community
pursuant to such Treaty;
(3) to establish, pending the ratification by, and entering into
force with respect to, the United States of such a Treaty, an
interim program to regulate the exploration for and commercial
recovery of hard mineral resources of the deep seabed by United
States citizens;
(4) to accelerate the program of environmental assessment of
exploration for and commercial recovery of hard mineral resources of
the deep seabed and assure that such exploration and recovery
activities are conducted in a manner which will encourage the
conservation of such resources, protect the quality of the
environment, and promote the safety of life and property at sea; and
(5) to encourage the continued development of technology
necessary to recover the hard mineral resources of the deep seabed.
(Pub. L. 96-283, Sec. 2, June 28, 1980, 94 Stat. 553.)
References in Text
This chapter, referred to in subsec. (b), was in the original ``this
Act'', meaning Pub. L. 96-283, June 28, 1980, 94 Stat. 553, as amended,
known as the Deep Seabed Hard Mineral Resources Act, which is classified
principally to this chapter (Sec. 1401 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
below and Tables.
Short Title of 1986 Amendment
Pub. L. 99-507, Sec. 1, Oct. 21, 1986, 100 Stat. 1847, provided
that: ``This Act [amending section 1470 of this title] may be cited as
the `Deep Seabed Hard Mineral Resources Reauthorization Act of 1986'.''
Short Title
Section 1 of Pub. L. 96-283 provided that: ``This Act [enacting this
chapter and sections 4495 to 4498 of Title 26, Internal Revenue Code,
and enacting a provision set out as a note under section 4495 of Title
26] may be cited as the `Deep Seabed Hard Mineral Resources Act'.''
