Title 30Mineral Lands and MiningRelease 119-73

§1428 Reciprocating states

Title 30 › Chapter CHAPTER 26— - DEEP SEABED HARD MINERAL RESOURCES › Subchapter SUBCHAPTER I— - REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED STATES CITIZENS › § 1428

Last updated Apr 6, 2026|Official source

Summary

The Administrator, after talking with the Secretary of State and other agency leaders, can name a foreign country a "reciprocating state" if the Secretary of State finds it meets four rules. The country must control its people doing deep-sea mineral exploration and mining in ways like our law, including protecting the environment, conserving resources, keeping people and ships safe, and enforcing the rules. It must accept U.S. licenses and stop activity that would conflict with those licenses, and follow the dates for issuing licenses and the effective date for permits in section 1412(c)(1)(D). It must respect the same priority rules for license and permit applications that we use. And it must have a temporary legal system for exploration and recovery that does not unreasonably interfere with other nations’ freedoms on the high seas. If a country is a reciprocating state, the U.S. will not issue any license or permit that would conflict with that country’s authorization. When the U.S. gets an application, the Administrator must notify all reciprocating states right away and share the relevant parts of the exploration or recovery plan, except for information protected under section 1423(c). The Administrator, with the Secretary of State, must remove a country’s reciprocating status if it no longer meets the rules, but may recognize certain foreign licenses issued while the country was a reciprocating state if asked. The President may make agreements with foreign nations to carry out these rules. The Administrator must also talk with countries that are making similar temporary laws, help them become reciprocating states, and provide environmental information and technical help if requested.

Full Legal Text

Title 30, §1428

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)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)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).
(c)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)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). 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).
(e)The President is authorized to negotiate agreements with foreign nations necessary to implement this section.
(f)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). 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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1428

Title 30Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73