§ 1403. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1403]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
Sec. 1403. Definitions
For purposes of this chapter, the term--
(1) ``commercial recovery'' means--
(A) any activity engaged in at sea to recover any hard
mineral resource at a substantial rate for the primary purpose
of marketing or commercially using such resource to earn a net
profit, whether or not such net profit is actually earned;
(B) if such recovered hard mineral resource will be
processed at sea, such processing; and
(C) if the waste of such activity to recover any hard
mineral resource, or of such processing at sea, will be disposed
of at sea, such disposal;
(2) ``Continental Shelf'' means--
(A) the seabed and subsoil of the submarine areas adjacent
to the coast, but outside the area of the territorial sea, to a
depth of 200 meters or, beyond that limit, to where the depth of
the superjacent waters admits of the exploitation of the natural
resources of such submarine area; and
(B) the seabed and subsoil of similar submarine areas
adjacent to the coast of islands;
(3) ``controlling interest'', for purposes of paragraph 14(C) of
this section, means a direct or indirect legal or beneficial
interest in or influence over another person arising through
ownership of capital stock, interlocking directorates or officers,
contractual relations, or other similar means, which substantially
affect the independent business behavior of such person;
(4) ``deep seabed'' means the seabed, and the subsoil thereof to
a depth of ten meters, lying seaward of and outside--
(A) the Continental Shelf of any nation; and
(B) any area of national resource jurisdiction of any
foreign nation, if such area extends beyond the Continental
Shelf of such nation and such jurisdiction is recognized by the
United States;
(5) ``exploration'' means--
(A) any at-sea observation and evaluation activity which
has, as its objective, the establishment and documentation of--
(i) the nature, shape, concentration, location, and
tenor of a hard mineral resource; and
(ii) the environmental, technical, and other appropriate
factors which must be taken into account to achieve
commercial recovery; and
(B) the taking from the deep seabed of such quantities of
any hard mineral resource as are necessary for the design,
fabrication, and testing of equipment which is intended to be
used in the commercial recovery and processing of such resource;
(6) ``hard mineral resource'' means any deposit or accretion on,
or just below, the surface of the deep seabed of nodules which
include one or more minerals, at least one of which contains
manganese, nickel, cobalt, or copper;
(7) ``international agreement'' means a comprehensive agreement
concluded through negotiations at the Third United Nations
Conference on the Law of the Sea, relating to (among other matters)
the exploration for and commercial recovery of hard mineral
resources and the establishment of an international regime for the
regulation thereof;
(8) ``licensee'' means the holder of a license issued under
subchapter I of this chapter to engage in exploration;
(9) ``permittee'' means the holder of a permit issued under
subchapter I of this chapter to engage in commercial recovery;
(10) ``person'' means any United States citizen, any individual,
and any corporation, partnership, joint venture, association, or
other entity organized or existing under the laws of any nation;
(11) ``reciprocating state'' means any foreign nation designated
as such by the Administrator under section 1428 of this title;
(12) ``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration;
(13) ``United States'' means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
United States Virgin Islands, Guam, and any other Commonwealth,
territory, or possession of the United States; and
(14) ``United States citizen'' means--
(A) any individual who is a citizen of the United States;
(B) any corporation, partnership, joint venture,
association, or other entity organized or existing under the
laws of any of the United States; and
(C) any corporation, partnership, joint venture,
association, or other entity (whether organized or existing
under the laws of any of the United States or a foreign nation)
if the controlling interest in such entity is held by an
individual or entity described in subparagraph (A) or (B).
(Pub. L. 96-283, Sec. 4, June 28, 1980, 94 Stat. 555.)
