§ 1411. — Prohibited activities by United States citizens.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1411]
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. 1411. Prohibited activities by United States citizens
(a) Prohibited activities and exceptions
(1) No United States citizen may engage in any exploration or
commercial recovery unless authorized to do so under--
(A) a license or a permit issued under this subchapter;
(B) a license, permit, or equivalent authorization issued by a
reciprocating state; or
(C) an international agreement which is in force with respect to
the United States.
(2) The prohibitions of this subsection shall not apply to any of
the following activities:
(A) Scientific research, including that concerning hard mineral
resources.
(B) Mapping, or the taking of any geophysical, geochemical,
oceanographic, or atmospheric measurements or random bottom
samplings of the deep seabed, if such taking does not significantly
alter the surface or subsurface of the deep seabed or significantly
affect the environment.
(C) The design, construction, or testing of equipment and
facilities which will or may be used for exploration or commercial
recovery, if such design, construction, or testing is conducted on
shore, or does not involve the recovery of any but incidental hard
mineral resources.
(D) The furnishing of machinery, products, supplies, services,
or materials for any exploration or commercial recovery conducted
under a license or permit issued under this subchapter, a license or
permit or equivalent authorization issued by a reciprocating state,
or under an international agreement.
(E) Activities, other than exploration or commercial recovery
activities, of the Federal Government.
(b) Existing exploration
(1) Subsection (a)(1)(A) of this section shall not be deemed to
prohibit any United States citizen who is engaged in exploration before
June 28, 1980, from continuing to engage in such exploration--
(A) if such citizen applies for a license under section 1413(a)
of this title with respect to such exploration within such
reasonable period of time, after the date on which initial
regulations to implement section 1413(a) of this title are issued,
as the Administrator shall prescribe; and
(B) until such license is issued to such citizen or a final
administrative or judicial determination is made affirming the
denial of certification of the application for, or issuance of, such
license.
(2) Notwithstanding paragraph (1), if the President by Executive
order determines that immediate suspension of exploration activities is
necessary for the reasons set forth in section 1416(a)(2)(B) of this
title or the Administrator determines that immediate suspension of
activities is necessary to prevent a significant adverse effect on the
environment or to preserve the safety of life and property at sea, the
Administrator is authorized, notwithstanding any other requirement of
this chapter, to issue an emergency order requiring any United States
citizen who is engaged in exploration before June 28, 1980, to
immediately suspend exploration activities. The issuance of such
emergency order is subject to judicial review as provided in chapter 7
of title 5.
(3) The timely filing of any application for a license under
paragraph (1)(A) shall entitle the applicant to priority of right for
the issuance of such license under section 1413(b) of this title. In any
case in which more than one application referred to in paragraph (1) is
filed based on exploration plans required by section 1413(a)(2) of this
title which refer to all or part of the same deep seabed area, the
Administrator shall, in taking action on such applications, apply
principles of equity which take into consideration, among other things,
the date on which the applicants or predecessors in interest, or
component organizations thereof, commenced exploration activities and
the continuity and extent of such exploration and amount of funds
expended with respect to such exploration.
(c) Interference
No United States citizen may interfere or participate in
interference with any activity conducted by any licensee or permittee
which is authorized to be undertaken under a license or permit issued by
the United States to the licensee or permittee under this chapter or
with any activity conducted by the holder of, and authorized to be
undertaken under, a license or permit or equivalent authorization issued
by a reciprocating state for the exploration or commercial recovery of
hard mineral resources. United States citizens shall exercise their
rights on the high seas with reasonable regard for the interests of
other states in their exercise of the freedoms of the high seas.
(Pub. L. 96-283, title I, Sec. 101, June 28, 1980, 94 Stat. 557.)
Section Referred to in Other Sections
This section is referred to in section 1413 of this title.
