§1412 Licenses for Exploration and Permits for Commercial Recovery

Summary

The Administrator must give exploration licenses and commercial recovery permits to people who qualify, following the chapter and agency rules. A license or permit lets its holder explore or mine only under the rules and any special conditions the Administrator adds. Each license or permit is exclusive against other U.S. persons and against citizens or agencies of countries that have reciprocal arrangements. A valid existing license can lead to a permit to recover minerals, letting the holder recover, own, move, use, and sell the minerals as allowed. If people from other countries interfere, the Secretary of State must try to settle the dispute peacefully, using negotiation, conciliation, arbitration, or agreed tribunals. The Administrator cannot issue licenses or permits that conflict with an international agreement in force, or that would conflict with earlier-filed or existing exploration or recovery plans or with prior authorizations from a reciprocating state. No exploration license may be issued before July 1, 1981, and no permit allowing commercial recovery may let recovery start before January 1, 1988. Applicants who gave up an area or had a license revoked within the previous 3-year period cannot get a license or permit for that area. Licenses, permits, and transfers may be issued only to U.S. citizens. Permit holders must use vessels documented under U.S. law for at-sea recovery or processing and must use at least one U.S.-documented vessel to move minerals from each mining site. Processing on land must be in the United States unless the President says otherwise; the Administrator can allow processing abroad if it is needed for the project’s economics and the permittee promises to return the processed minerals to the United States when required.