§1412 Licenses for Exploration and Permits for Commercial Recovery

Summary

The Administrator must give licenses to explore the deep seabed and permits to commercially recover hard mineral resources to people who are eligible under this law. A license or permit lets the holder explore or mine only if they follow the law, the Administrator’s rules, and any special terms on the license or permit. A license or permit is exclusive to its holder against other U.S. citizens and against citizens, nationals, government agencies, or legal entities of reciprocating states. A valid existing license can lead to a permit for commercial recovery if the holder stays eligible. If nationals of other states interfere with a licensee’s or permittee’s work, the Secretary of State must try to settle the dispute peacefully by negotiation, conciliation, arbitration, or agreed tribunals. The Administrator cannot issue licenses or permits that conflict with an international agreement in force, that would overlap or conflict with earlier-pending applications with priority under section 1413(b) or with existing licenses or permits or equivalent authorizations from a reciprocating state, or that give commercial recovery rights in an area already covered by another valid exploration license. No exploration licenses may be issued before July 1, 1981, and no permit may allow commercial recovery to begin before January 1, 1988. The Administrator cannot grant a license or permit for an area the applicant surrendered or had revoked within the prior 3 years (revocation under section 1416). Licenses and permits may be issued or transferred only to U.S. citizens. Permit holders must use vessels documented under U.S. law for at-sea recovery, processing, and transport, and must use at least one such vessel to carry minerals from each mining site; those vessels are treated as engaged in foreign commerce under section 109 of title 46 and as vessels under section 53701(13) of title 46. Processing on land must generally occur within the United States unless the President finds that restriction harms national interests; the Administrator can allow processing abroad after a hearing if it is needed for economic viability and the permittee assures return of the processed resources to the United States when required.