16 U.S.C. § 2465: Enforcement

Summary

Violating this chapter or any rule created under it counts as breaking the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2431–2444). The Under Secretary, or a federal official the Under Secretary chooses, will enforce that Act. If the Under Secretary finds someone violated section 2463, that person cannot locate a mining claim under U.S. mining laws, and the Secretary of the Interior must refuse any patent or mineral or geothermal lease the person tries to complete after that finding.

Title 16, §2465

Conservation, Source: USLM XML via OLRC

(a)In general

A violation of this chapter or any regulation promulgated under this chapter is deemed to be a violation of the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2431–2444) and shall be enforced under that Act by the Under Secretary or another Federal official to whom the Under Secretary has delegated this responsibility.

(b)Penalty

If the Under Secretary determines that a person has violated section 2463 of this title—

(1)that person shall be ineligible to locate a mining claim under the mining laws of the United States; and

(2)the Secretary of the Interior shall refuse to issue a patent under the mining laws of the United States, or a lease under the laws of the United States related to mineral or geothermal leasing, to any such person who attempts to perfect such patent or lease application after the Under Secretary has made such determination.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Antarctic Marine Living Resources Convention Act, referred to in subsec. (a), probably means the Antarctic Marine Living Resources Convention Act of 1984, title III of Pub. L. 98–623, Nov. 8, 1984, 98 Stat. 3398, which is classified generally to chapter 44A (§ 2431 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2431 of this title and Tables.

Prior Provisions

A prior section 5 of Pub. L. 101–594 was classified to section 2464 of this title prior to repeal by Pub. L. 104–227.

§2465 Enforcement