(a) Notwithstanding any other provision of law, the mining, extraction, and removal of minerals from the seabed shall be prohibited in territorial marine waters. Territorial marine waters under this section is defined as all waters, seabed, and subsoil within three (3) nautical miles seaward of the baseline of Guam, over which Guam exercises jurisdiction pursuant to 48 U.S.C. § 1421 and the Submerged Lands Act (43 U.S.C. §§ 1301 et seq.) as amended. (b) No permit shall be issued for or in connection with the development or operation of any facility or infrastructure associated with the mining, extraction, or removal of minerals from the seabed within territorial marine waters. (c) This Section shall not be construed to prohibit bona fide scientific research or collections conducted by or on behalf of an educational, scientific, or research institution or a governmental agency provided that prior written notification is given to and no objection is issued by the Department of Agriculture’s Division of Aquatic and Wildlife Resources. (d) Nothing contained in this section shall diminish, alter, or amend any existing rights, privileges, or practices of the Native CHamoru people. (e) As used in this Section, “minerals” means natural deposits of valuable minerals, including, but not limited to, metals and placer deposits of metals, nonmetallic minerals, gemstones, ores, gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten, zirconium, titanium, garnet, phosphorous, polymetallic nodules, and cobalt-rich ferromanganese crusts. (f) The usage of Guam’s ports, harbors, anchorages, and territorial waters as staging, supply, or logistics bases for any vessel engaged in, or contracted to engage in, seabed mining operations in adjacent federal or international waters are prohibited unless authorized by both the government of Guam and
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relevant federal authority following full consultation with the Department of Agriculture and affected communities. (g) The Port Authority of Guam (PAG) may delay or deny approval for port entry or departure for any vessel for which the agency has received notice from a federal agency or other agency that the vessel or its crew has engaged in activity that has violated any federal, state, or county law or rule pertaining to environmental protection, maritime transportation, trafficking of illegal contraband, or the collection or extraction of undersea minerals unlicensed or unpermitted by the State; provided that the agency may grant approvals for use of any commercial harbor facility by that vessel in coordination with the federal agency or other agency. PAG is authorized to act upon reasonable belief based on credible information obtained from any source, including the Department of Agriculture Division of Aquatic and Wildlife Resources to require vessel operators seeking entry to certify compliance with applicable environmental and extraction laws as a condition of port use and may deny entry or services for failure to provide such certification. (h) Any person who violates subsection (a) or (b) of this section shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000)and not more than Fifty Thousand Dollars ($50,000) per day for each day the violation continues. The Guam Department of Agriculture is authorized to promulgate rules and regulations to implement and enforce this Section. SOURCE: Added by P.L. 38-129:2 (June 3, 2026).
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