An act to establish an interim procedure for the orderly development of hard mineral resources in the deep seabed, pending adoption of an international regime relating thereto, and for other purposes.
PL 96-283 (H.R.2759), enacted 06/28/1980

PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 553 
Public Law 96-283 
96th Congress 
An Act 
To establish an interim procedure for the orderly development of hard mineral 
June 28,1980 
resources in the deep seabed, pending adoption of an international regime relat- 
[H.R. 2759] 
ing thereto, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Deep Seabed 
Hard Mineral 
SECTION 1. SHORT TITLE. 
Resources Act. 
This Act may be cited as the "Deep Seabed Hard Mineral Resources ^
^ "^^ ^
^
^
^ "°*^ 
Act". 
SEC. 2. FINDINGS AND PURPOSES. 
30 USC 1401. 
(a) FINDINGS.—The Congress finds that— 
(1) the United States' requirements for hard minerals to satisfy 
national industrial needs will continue to expand and the 
demand for such minerals will increasingly exceed the available 
domestic sources of 
supply; 
(2) in the case of certain hard minerals, the United States is 
dependent upon foreign sources of supply and the acquisition of 
such minerals from foreign sources is a significant factor in the 
national balance-of-payments position; 
(3) the present and future national interest of the United 
States requires the availability of hard mineral resources which 
is independent of the export policies of foreign nations; 
(4) there is an alternate source of supply, which is significant in 
relation to national needs, of certain hard minerals, including 
nickel, copper, cobalt, and manganese, contained in the nodules 
existing in great abundance on the deep seabed; 
(5) the nations of the world, including the United States, will 
benefit if the hard mineral resources of the deep seabed beyond 
limits of national jurisdiction can be developed and made avail-
able for their use; 
(6) in particular, future access to the nickel, copper, cobalt, and 
manganese resources of the deep seabed will be important to the 
industrial needs of the nations of the world, both developed and 
developing; 
(7) on December 17, 1970, the United States supported (by 
affirmative vote) the United Nations General Assembly Resolu-
tion 2749 (XXV) declaring inter alia the principle that the 
mineral resources of the deep seabed are the common heritage of 
mankind, with the expectation that this princii)le would be 
legally defined under the terms of 
a comprehensive international 
Law of the Sea Treaty yet to be agreed upon; 
(8) it is in the national interest of the United States and other 
nations to encourage a widely acceptable Law of the Sea Treaty, 
which will provide a new legal order for the oceans covering a 
broad range of ocean interests, including exploration for and 
commercial recovery of hard mineral resources of the deep 
seabed; 
94 STAT. 554 
PUBLIC LAW 96-283—JUNE 28, 1980 
(9) the negotiations to conclude such a Treaty and establish the 
international regime governing the exercise of rights over, and 
exploration of, the resources of the deep seabed, referred to in 
General Assembly Resolution 2749 (XXV) are in progress but 
may not be concluded in the near future; 
(10) even if such negotiations are completed promptly, much 
time will elapse before such an international regime is estab-
lished and in operation; 
(11) development of technology required for the exploration 
and recovery of hard mineral resources of the deep seabed will 
require substantial investment for many years before commer-
cial production can occur, and must proceed at this time if deep 
seabed minerals are to be available when needed; 
(12) it is the legal opinion of the United States that exploration 
for and commercial recovery of hard mineral resources of the 
deep seabed are freedoms of the high seas subject to a duty of 
reasonable regard to the interests of other states in their exercise 
of those and other freedoms recognized by general principles of 
international law; 
(13) pending a Law of the Sea Treaty, and in the absence of 
agreement among states on applicable principles of international 
law, the uncertainty among potential investors as to the future 
legal regime is likely to discourage or prevent the investments 
necessary to develop deep seabed mining technology; 
(14) pending a Law of the Sea Treaty, the protection of the 
marine environment from damage caused by exploration or 
recovery of hard mineral resources of the deep seabed depends 
upon the enactment of suitable interim national legislation; 
(15) a Law of the Sea Treaty is likely to establish financial 
arrangements which obligate the United States or United States 
citizens to make payments to an international organization with 
respect to exploration or recovery of the hard mineral resources 
of the deep seabed; and 
(16) legislation is required to establish an interim legal regime 
under which technology can be developed and the exploration 
and recovery of the hard mineral resources of the deep seabed 
can take place until such time as a Law of the Sea Treaty enters 
into force with respect to the United States. 
(b) PURPOSES.—The Congress declares that the purposes of this Act 
are— 
(1) to encourage the successful conclusion of a comprehensive 
Law of the Sea Treaty, which will give legal definition to the 
principle that the hard mineral resources of the deep seabed are 
the common heritage of mankind and which will assure, among 
other things, nondiscriminatory access to such resources for all 
nations; 
(2) pending the ratification by, and entering into force with 
respect to, the United States of such a Treaty, to provide for the 
establishment of an international revenue-sharing fund the 
proceeds of which shall be used for sharing with the inter-
national community pursuant to such Treaty; 
(3) to establish, pending the ratification by, and entering into 
force with respect to, the United States of such a Treaty, an 
interim program to regulate the exploration for and commercial 
recovery of hard mineral resources of the deep seabed by United 
States citizens; 
(4) to accelerate the program of environmental assessment of 
exploration for and commercial recovery of hard mineral 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 555 
resources of the deep seabed and assure that such exploration 
and recovery activities are conducted in a manner which will 
encourage the conservation of such resources, protect the quality 
of the environment, and promote the safety of life and property 
at sea; and 
(5) to encourage the continued development of technology 
necessary to recover the hard mineral resources of the deep 
seabed. 
SEC. 3. INTERNATIONAL OBJECTIVES OF THIS ACT. 
30 USC 1402. 
(a) DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.—By the enact-
ment of this Act, the United States— 
(1) exercises its jurisdiction over United States citizens and 
vessels, and foreign persons and vessels otherwise subject to its 
jurisdiction, in the exercise of the high seas freedom to engage in 
exploration for, and commercial recovery of, hard mineral re-
sources of the deep seabed in accordance with generally accepted 
principles of international law recognized by the United States; 
but 
(2) does not thereby assert sovereignty or sovereign or exclu-
sive rights or jurisdiction over, or the ownership of, any areas or 
resources in the deep seabed. 
(b) SECRETARY OF STATE.—(1) The Secretary of State is encouraged 
to negotiate successfully a comprehensive Law of the Sea Treaty 
which, among other things, provides assured and nondiscriminatory 
access to the hard mineral resources of the deep seabed for all 
nations, gives legal definition to the principle that the resources of 
the deep seabed are the common heritage of mankind, and provides 
for the establishment of requirements for the protection of the 
quality of the environment as stringent as those promulgated pursu-
ant to this Act. 
(2) Until such a Treaty is concluded, the Secretary of State is 
encouraged to promote any international actions necessary to ade-
quately protect the environment from adverse impacts which may 
result from any exploration for and commercial recovery of hard 
mineral resources of the deep seabed carried out by persons not 
subject to this Act. 
SEC. 4. DEFINITIONS. 
30 USC 1403. 
For purposes of this Act, the term— 
(1) "commercial recovery" means— 
(A) any activity engaged in at sea to recover any hard 
mineral resource at a substantial rate for the primary 
purpose of marketing or commercially using such resource 
to earn a net profit, whether or not such net profit is actually 
earned; 
(B) if such recovered hard mineral resource will be proc-
essed at sea, such processing; and 
(C) if the waste of such activity to recover any hard 
mineral resource, or of such processing at sea, will be 
disposed of at sea, such disposal; 
(2) "Continental Shelf means— 
(A) the seabed and subsoil of the submarine areas adjacent 
to the coast, but outside the area of the territorial sea, to a 
depth of 200 meters or, beyond that limit, to where the depth 
of the superjacent waters admits of the exploitation of the 
natural resources of such submarine area; and 
94 STAT. 556 
PUBLIC LAW 96-283—JUNE 28, 1980 
(B) the seabed and subsoil of similar submarine areas 
adjacent to the coast of islands; 
(3) "controlling interest", for purposes of paragraph 14(C) of 
this section, means a direct or indirect legal or beneficial interest 
in or influence over another person arising through ownership of 
capital stock, interlocking directorates or officers, contractual 
relations, or other similar means, which substantially affect the 
independent business behavior of such person; 
(4) "deep seabed" means the seabed, and the subsoil thereof to 
a depth often meters, lying seaward of and outside— 
(A) the Continental Shelf of any nation; and 
(B) any area of national resource jurisdiction of any 
foreign nation, if such area extends beyond the Continental 
Shelf of such nation and such jurisdiction is recognized by 
the United States; 
(5) "exploration" means— 
(A) any at-sea observation and evaluation activity which 
has, as its objective, the establishment and documentation 
of— 
(i) the nature, shape, concentration, location, and 
tenor of a hard mineral resource; and 
(ii) the environmental, technical, and other appropri-
ate factors which must be taken into account to achieve 
commercial recovery; and 
(B) the taking from the deep seabed of such quantities of 
any hard mineral resource as are necessary for the design, 
fabrication, and testing of equipment which is intended to be 
used in the commercial recovery and processing of such 
resource; 
(6) "hard mineral resource" means any deposit or accretion on, 
or just below, the surface of the deep seabed of nodules which 
include one or more minerals, at least one of which contains 
manganese, nickel, cobalt, or copper; 
(7) "international agreement" means a comprehensive agree-
ment concluded through negotiations at the Third United Na-
tions Conference on the Law of the Sea, relating to (among other 
matters) the exploration for and commercial recovery of hard 
mineral resources and the establishment of an international 
regime for the regulation thereof; 
(8) "licensee" means the holder of a license issued under title I 
of this Act to engage in exploration; 
(9) "permittee" means the holder of a permit issued under title 
I of this Act to engage in commercial recovery; 
(10) "person" means any United States citizen, any individual, 
and any corporation, partnership, joint venture, association, or 
other entity organized or existing under the laws of any nation; 
(11) "reciprocating state" means any foreign nation designated 
as such by the Administrator under section 118; 
(12) "Administrator" means the Administrator of the National 
Oceanic and Atmospheric Administration; 
(13) "United States" means the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, 
the United States Virgin Islands, Guam, and any other Common-
wealth, territory, or possession of the United States; and 
(14) "United States citizen" means— 
(A) any individual who is a citizen of the United States; 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 557 
(B) any corporation, partnership, joint venture, associ-
ation, or other entity organized or existing under the laws of 
any of 
the United States; and 
(C) any corporation, partnership, joint venture, associ-
ation, or other entity (whether organized or existing under 
the laws of 
any of 
the United States or a foreign nation) if the 
controlling interest in such entity is held by an individual or 
entity described in subparagraph (A) or (B). 
TITLE I—REGULATION OF EXPLORATION AND COMMERCIAL 
RECOVERY BY UNITED STATES CITIZENS 
SEC. 101. PROHIBITED ACTIVITIES BY UNITED STATES CITIZENS. 
30 USC 1411. 
(a) PROHIBITED ACTIVFTIES AND EXCEPTIONS.—(1) No United States 
citizen may engage in any exploration or commercial recovery unless 
authorized to do so under— 
(A) a license or a permit issued under this title; 
(B) a license, permit, or equivalent authorization issued by a 
reciprocating state; or 
(C) an international agreement which is in force with respect 
to the United States. 
(2) The prohibitions of this subsection shall not apply to any of the 
following activities: 
(A) Scientific research, including that concerning hard mineral 
resources. 
(B) Mapping, or the taking of any geophysical, geochemical, 
oceanographic, or atmospheric measurements or random bottom 
samplings of the deep seabed, if such taking does not significant-
ly alter the surface or subsurface of the deep seabed or signifi-
cantly affect the environment. 
(C) The design, construction, or testing of equipment and 
facilities which will or may be used for exploration or commer-
cial recovery, if such design, construction, or testing is conducted 
on shore, or does not involve the recovery of any but incidental 
hard mineral resources. 
(D) The furnishing of machinery, products, supplies, services, 
or materials for any exploration or commercial recovery 
conducted under a license or permit issued under this title, a 
license or permit or equivalent authorization issued by a recipro-
cating state, or under an international agreement. 
(E) Activities, other than exploration or commercial recovery 
activities, of the Federal Government. 
(b) EXISTING EXPLORATION.—(1) Subsection (a)(1)(A) shall not be 
deemed to prohibit any United States citizen who is engaged in 
exploration before the effective date of this Act from continuing to 
engage in such exploration— 
(A) if 
such citizen applies for a license under section 103(a) with 
respect to such exploration within such reasonable period of 
time, after the date on which initial regulations to implement 
section 103(a) are issued, as the Administrator shall prescribe; 
and 
(B) until such license is issued to such citizen or a final 
administrative or judicial determination is made affirming the 
denial of certification of the application for, or issuance of, such 
license. 
(2) Notwithstanding paragraph (1), if the President by Executive Suspension of 
order determines that immediate suspension of 
exploration activities exploration. 
94 STAT. 558 
PUBLIC LAW 96-283—JUNE 28, 1980 
is necessary for the reasons set forth in section 106(a)(2)(B) or the 
Administrator determines that immediate suspension of activities is 
necessary to prevent a significant adverse effect on the environment 
or to preserve the safety of life and property at sea, the Administrator 
is authorized, notwithstanding any other requirement of this Act, to 
issue an emergency order requiring any United States citizen who is 
engaged in exploration before the effective date of this Act to 
Judicial review, 
immediately suspend exploration activities. The issuance of such 
emergency order is subject to judicial review as provided in chapter 7 
5 use 701 et seq. ^f tj^ig 5^ United States Code. 
(3) The timely filing of any application for a license under para-
graph (1)(A) shall entitle the applicant to priority of right for the 
issuance of such license under section 1030b). In any case in which 
more than one application referred to in paragraph (1) is filed based 
on exploration plans required by section 103(a)(2) which refer to all or 
part of the same deep seabed area, the Administrator shall, in taking 
action on such applications, apply principles of equity which take into 
consideration, among other things, the date on which the applicants 
or predecessors in interest, or component organizations thereof, 
commenced exploration activities and the continuity and extent of 
such exploration and amount of funds expended with respect to such 
exploration. 
(c) INTERFERENCE.—No United States citizen may interfere or 
participate in interference with any activity conducted by any 
licensee or permittee which is authorized to be undertaken under a 
license or permit issued by the United States to the licensee or 
permittee under this Act or with any activity conducted by the holder 
of, and authorized to be undertaken under, a license or permit or 
equivalent authorization issued by a reciprocating state for the 
exploration or commercial recovery of hard mineral resources. 
United States citizens shall exercise their rights on the high seas with 
reasonable regard for the interests of other states in their exercise of 
the freedoms of the high seas. 
30 use 1412. 
SEC. 102. LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL 
RECOVERY. 
(a) AUTHORITY TO ISSUE.—Subject to the provisions of this Act, the 
Administrator shall issue to applicants who are eligible therefor 
licenses for exploration and permits for commercial recovery. 
(b) NATURE OF LICENSES AND PERMITS.—(1) A license or permit 
issued under this title shall authorize the holder thereof to engage in 
exploration or commercial recovery, as the case may be, consistent 
with the provisions of this Act, the regulations issued by the Adminis-
trator to implement the provisions of this Act, and the specific terms, 
conditions, and restrictions applied to the license or permit by the 
Administrator. 
(2) Any license or permit issued under this title shall be exclusive 
with respect to the holder thereof as against any other United States 
citizen or any citizen* national or governmental agency of, or any 
legal entity organized or existing under the laws of, any reciprocating 
state. 
(3) A valid existing license shall entitle the holder, if otherwise 
eligible under the provisions of this Act and regulations issued under 
this Act, to a permit for commercial recovery. Such a permit recog-
nizes the right of the holder to recover hard mineral resources, and to 
own, transport, use, and sell hard mineral resources recovered, under 
the permit and in accordance with the requirements of this Act. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 559 
(4) In the event of interference with the exploration or commercial 
recovery activities of a licensee or permittee by nationals of other 
states, the Secretary of State shall use all peaceful means to resolve 
the controversy by negotiation, conciliation, arbitration, or resort to 
agreed tribunals. 
(c) RESTRICTIONS.—(1) The Administrator may not issue— 
(A) any license or permit after the date on which an interna-
tional agreement is ratified by and enters into force with respect 
to the United States, except to the extent that issuance of such 
license or permit is not inconsistent with such agreement; 
(B) any license or permit the exploration plan or recovery plan 
of which, submitted pursuant to section 103(a)(2), would apply to 
an area to which applies, or would conflict with, (i) any explora-
tion plan or recovery plan submitted with any pending applica-
tion to which priority of right for issuance applies under section 
103(b), (ii) any exploration plan or recovery plan associated with 
any existing license or permit, or (iii) any equivalent authoriza-
tion which has been issued, or for which formal notice of 
application has been submitted, by a reciprocating state prior to 
the filing date of any relevant application for licenses or permits 
pursuant to this title; 
(C) a permit authorizing commercial recovery within any area 
of the deep seabed in which exploration is authorized under a 
valid existing license if such permit is issued to other than the 
licensee for such area; 
(D) any exploration license before July 1, 1981, or any permit 
which authorizes commercial recovery to commence before Janu-
ary 1,1988; 
(E) any license or permit the exploration plan or recovery plan 
for which applies to any area of the deep seabed if, within the 
3-year period before the date of application for such license or 
permit, (i) the applicant therefor surrendered or relinquished 
such area under an exploration plan or recovery plan associated 
with a previous license or permit issued to such applicant, or (ii) a 
license or permit previously issued to the applicant had an 
exploration plan or recovery plan which applied to such area and 
such license or permit was revoked under section 106; or 
(F) a license or permit, or approve the transfer of a license or 
permit, except to a United States citizen. 
(2) No permittee may use any vessel for the commercial recovery of 
hard mineral resources or for the processing at sea of hard mineral 
resources recovered under the permit issued to the permittee unless 
the vessel is documented under the laws of the United States. 
(3) Each permittee shall use at least one vessel documented under 
the laws of the United States for the transportation from each mining 
site of hard mineral resources recovered under the permit issued to 
the permittee. 
(4) For purposes of the shipping laws of the United States, any 
vessel documented under the laws of the United States and used in 
the commercial recovery, processing, or transportation from any 
mining site of hard mineral resources recovered under a permit 
issued under this title shall be deemed to be used in, and used in an 
essential service in, the foreign commerce or foreign trade of the 
United States, as defined in section 905(a) of the Merchant Marine 
Act, 1936, and shall be deemed to be a vessel as defined in section 
1101(b) of that Act. 
(5) Except as otherwise provided in this paragraph, the processing 
on land of hard mineral resources recovered pursuant to a permit 
Vessel 
documentation. 
Transportation 
of minerals from 
mining sites. 
46 u s e 1244. 
46 u s e 1271. 
Processing on 
land within U.S. 
79-194 
O—81-pt. 1 
39 : QL3 
94 STAT. 560 
PUBLIC LAW 96-283—JUNE 28, 1980 
Processing 
outside U.S. 
30 use 1413. 
Exploration 
plan. 
Recovery plan. 
Size and location 
selection. 
shall be conducted within the United States: Provided, That the 
President does not determine that such restrictions contravene the 
overriding national interests of the United States. The Administrator 
may allow the processing of hard mineral resources at a place other 
than within the United States if he finds, after opportunity for an 
agency hearing, that— 
(A) the processing of 
the quantity concerned of 
such resource at 
a place other than within the United States is necessary for the 
economic viability of the commerical recovery activities of a 
permittee; and 
(B) satisfactory assurances have been given by the permittee 
that such resource, after processing, to the extent of the permit-
tee's ownership therein, will be returned to the United States for 
domestic use, if the Administrator so requires after determining 
that the national interest necessitates such return. 
SEC. 103. LICENSE AND PERMIT APPLICATIONS, REVIEW, AND CERTIFI-
CATION. 
(a) APPLICATIONS.—(1) Any United States citizen may applv to the 
Administrator for the issuance or transfer of 
a license for exploration 
or a permit for commercial recovery. 
(2)(A) Applications for issuance or transfer of licenses for explora-
tion and permits for commercial recovery shall be made in such form 
and manner as the Administrator shall prescribe in general and 
uniform regulations and shall contain such relevant financial, tech-
nical, and environmental information as the Administrator may by 
regulations require as being necessary and appropriate for carrying 
out the provisions of this title. In accordance with such regulations, 
each applicant for the issuance of a license shall submit an explora-
tion plan as described in subparagraph (B), and each applicant for a 
permit shall submit a recovery plan as described in subparagraph (C). 
(B) The exploration plan for a license shall set forth the activities 
proposed to be carried out during the period of the license, describe 
the area to be explored, and include the intended exploration sched-
ule and methods to be used, the development and testing of systems 
for commercial recovery to take place under the terms of the license, 
an estimated schedule of expenditures, measures to protect the 
environment and to monitor the effectiveness of environmental 
safeguards and monitoring systems for commercial recovery, and 
such other information as is necessary and appropriate to carry out 
the provisions of this title. The area set forth in an exploration plan 
shall be of 
sufficient size to allow for intensive exploration. 
(C) The recovery plan for a permit shall set forth the activities 
proposed to be carried out during the period of the permit, and shall 
include the intended schedule of commercial recovery, environmen-
tal safeguards and monitoring systems, details of the area or areas 
proposed for commercial recovery, a resource assessment thereof, the 
methods and technology to be used for commercial recovery and 
processing, the methods to be used for disposal of wastes from 
recovery and processing, and such other information as is necessary 
and appropriate to carry out the provisions of this title. 
(D) The applicant shall select the size and location of the area of the 
exploration plan or recovery plan, which area shall be approved 
unless the Administrator finds that— 
(i) the area is not a logical mining unit; or 
(ii) commercial recovery activities in the proposed location 
would result in a significant adverse impact on the quality of the 
unit. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 561 
environment which cannot be avoided by the imposition of 
reasonable restrictions. 
(E) For purposes of subparagraph (D), "logical mining unit" "Logical mining 
means— 
(i) in the case of a license for exploration, an area of the deep 
seabed which can be explored under the license in an efficient, 
economical, and orderly manner with due^ regard for conserva-
tion and protection of 
the environment, taking into consideration 
the resource data, other relevant physical and environmental 
characteristics, and the state of the technology of the applicant 
as set forth in the exploration plan; or 
(ii) in the case of a permit, an area of the deep seabed— 
(I) in which hard mineral resources can be recovered in 
sufficient quantities to satisfy the permittee's estimated 
production requirements over the initial 20-year term of the 
permit in an efficient, economical, and orderly manner with 
due regard for conservation and protection of the environ-
ment, taking into consideration the resource data, other 
relevant physical and environmental characteristics, and 
the state of the technology of the applicant set out in the 
recovery plan; 
(II) which is not larger than is necessary to satisfy the 
permittee's estimated production requirements over the 
initial 20-year term of the permit; and 
(III) in relation to which the permittee's estimated produc-
tion requirements are not found by the Administrator to be 
unreasonable. 
(b) PRIORITY OF RIGHT FOR ISSUANCE.—Subject to section 101(b), 
priority of right for the issuance of licenses to applicants shall be 
established on the basis of the chronological order in which license 
applications which are in substantial compliance with the require-
ments established under subsection (aX2) of this section are filed with 
the Administrator. Priority of right shall not be lost in the case of any 
application filed which is in substantial but not full compliance with 
such requirements if the applicant thereafter brings the application 
into conformity with such requirements within such reasonable 
period of time as the Administrator shall prescribe in regulations. 
(c) EuGiBiLiTY F
O
R CERTIFICATION.—Boforo the Administrator may 
certify any application for issuance or transfer of a license for 
exploration or permit for commercial recovery, the Administrator 
must find in writing, after consultation with other departments and 
agencies pursuant to subsection (e) of 
this section, that— 
(1) the applicant has demonstrated that, upon issuance or 
transfer of the license or permit, the applicant will be financially 
responsible to meet all obligations which may be required of a 
licensee or permittee to engage in the exploration or commercial 
recovery proposed in the application; 
(2) the applicant has demonstrated that, upon issuance or 
transfer of the license or permit, the applicant will have the 
technological capability to engage in such exploration or com-
mercial recovery; 
(3) the applicant has satisfactorily fulfilled all obligations 
under any license or permit previously issued or transferred to 
the applicant under this Act; and 
(4) the proposed exploration plan or recovery plan of the 
applicant meets the requirements of this Act and the regulations 
issued under this Act. 
94 STAT. 562 
PUBLIC LAW 96-283—JUNE 28, 1980 
Applications, 
transmittal to 
Attorney 
General and 
FTC. 
Recommen-
dations. 
Attorney 
General and 
FTC, 
notification. 
Violation. 
"Antitrust 
laws." 
Written 
comments, 
transmittal to 
Administrator. 
(d) ANTITRUST REVIEW.—(1) Whenever the Administrator receives 
any application for issuance or transfer of a license for exploration or 
permit for commercial recovery, the Administrator shall transmit 
promptly a complete copy of such application to the Attorney General 
of the United States and the Federal Trade Commission. 
(2) The Attorney General and the Federal Trade Commission shall 
conduct such antitrust review of the application as they deem 
appropriate and shall, if they deem appropriate, advise the Adminis-
trator of the likely effects of such issuance or transfer on competition. 
(3) The Attorney General and the Federal Trade Commission may 
make any recommendations they deem advisable to avoid any action 
upon such application by the Administrator which would create or 
maintain a situation inconsistent with the antitrust laws. Such 
recommendations may include, without limitation, the denial of 
issuance or transfer of the license or permit or issuance or transfer 
upon such terms and conditions as may be appropriate. 
(4) Any advice or recommendation submitted by the Attorney 
General or the Federal Trade Commission pursuant to this subsec-
tion shall be submitted within 90 days after receipt by them of the 
application. The Administrator shall not issue or transfer the license 
or permit during that 90-day period, except upon written confirma-
tion by the Attorney General and the Federal Trade Commission that 
neither intends to submit any further advice or recommendation 
with respect to the application. 
(5) If the Administrator decides to issue or transfer the license or 
permit with respect to which denial of the issuance or transfer of the 
Ucense or permit has been recommended by the Attorney General or 
the Federal Trade Commission, or to issue or transfer the license or 
permit without imposing those terms and conditions recommended 
by the Attorney General or the Federal Trade Commission as 
appropriate to prevent any situation inconsistent with the antitrust 
laws, the Administrator shall, prior to or upon issuance or transfer of 
the license or permit, notify the Attorney General and the Federal 
Trade Commission of the reasons for such decision. 
(6) The issuance or transfer of a license or permit under this title 
shall not be admissible in any way as a defense to any civil or 
criminal action for violation of the antitrust laws of the United 
States, nor shall it in any way modify or abridge any private right of 
action under such laws. 
(7) As used in this subsection, the term "antitrust laws" means the 
Act of July 2, 1890 (commonly known as the Sherman Act; 15 U.S.C. 
1-7); sections 73 through 77 of the Act of August 27, 1894 (commonly 
known as the Wilson Tariff Act; 15 U.S.C. 8-11); the Clayton Act (15 
U.S.C. 12 et seq.); the Act of June 19, 1936 (commonly known as the 
Robinson-Patman Price Discrimination Act; 15 U.S.C. 13-13b and 
21a); and the Federal Trade Commission Act (15 U.S.C. 41 et seq.). 
(e) OTHER FEDERAL AGENCIES.—The Administrator shall provide by 
regulation for full consultation and cooperation, prior to certification 
of an application for the issuance or transfer of any license for 
exploration or permit for commercial recovery and prior to the 
issuance or transfer of such a license or permit, with other Federal 
agencies or departments which have programs or activities within 
their statutory responsibilities which would be affected by the activi-
ties proposed in the application for the issuance or transfer of a 
license or permit. Not later than 30 days after the date of enactment 
of this Act, the heads of any Federal departments or agencies having 
expertise concerning, or jurisdiction over, any aspect of the recovery 
or processing of hard mineral resources shall transmit to the Admin-
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 563 
istrator written comments as to their expertise or statutory responsi-
bilities pursuant to this Act or any other Federal law. To the extent 
possible, such agencies shall cooperate to reduce the number of 
separate actions required to satisfy the statutory responsibilities of 
these agencies. The Administrator shall transmit to each such agency 
or department a complete copy of each application and each such 
agency or department, based on its legal responsibilities and authori-
ties, may, not later than 60 days after receipt of the application, 
recommend certification of the application, issuance or transfer of 
the license or permit, or denial of such certification, issuance, or 
transfer. In any case in which an agency or department recommends 
such a denial, it shall set forth in detail the manner in which the 
application does not comply with any law or regulation within its 
area of responsibility and shall indicate how the application may be 
amended, or how terms, conditions, or restrictions might be added to 
the license or permit, to assure compliance with such law or regula-
tion. 
(f) REVIEW PERIOD.—All time periods for the review of an applica-
tion for issuance or transfer of a license or permit established 
pursuant to this section shall, to the maximum extent practicable, 
run concurrently from the date on which the application is received 
by the Administrator. 
(g) APPLICATION CERTIFICATION.—Upon making the applicable 
determinations and findings required in sections 101, 102, and this 
section with respect to any applicant for the issuance or transfer of a 
license or a permit and the exploration or commercial recovery 
proposed by such applicant, after completion of procedures for 
receiving the application required by this Act, and upon payment by 
the applicant of the fee required under section 104, the Administrator 
shall certify the application for the issuance or transfer of the license 
or permit. The Administrator, to the maximum extent possible, shall 
endeavor to complete certification action on the application within 
100 days after its submission. If final certification or denial of 
certification has not occurred within 100 days after submission of the 
application, the Administrator shall inform the applicant in writing 
of the then pending unresolved issues, the Administrator's efforts to 
resolve them, and an estimate of the time required to do so. 
SEC. 104. LICENSE AND PERMIT FEES. 
No application for the issuance or transfer of a license for explora-
tion or permit for commercial recovery shall be certified unless the 
applicant pays to the Administrator a reasonable administrative fee 
which shall be deposited into miscellaneous receipts of the Treasury. 
The amount of the administrative fee imposed by the Administrator 
on any applicant shall reflect the reasonable administrative costs 
incurred in reviewing and processing the application. 
SEC. 105. LICENSE AND PERMIT TERMS, CONDITIONS, AND RESTRIC-
TIONS; ISSUANCE AND TRANSFER OF LICENSES AND PER-
MITS. 
(a) ELIGIBILITY FOR ISSUANCE OR TRANSFER OF LICENSE OR PERMIT.— 
Before issuing or transferring a license for exploration or permit for 
commercial recovery, the Administrator must find in writing, after 
consultation with interested departments and agencies pursuant to 
section 103(e), and upon considering public comments received with 
respect to the license or permit, that the exploration or commercial 
recovery proposed in the application— 
Transmittal of 
applications; 
recommendations. 
30 u s e 1414. 
30 u s e 1415. 
Public 
comments. 
94 STAT. 564 
PUBLIC LAW 96-283—JUNE 28, 1980 
Written 
statements. 
Final 
environmental 
impact 
statements. 
Objection to 
terms, 
notification to 
Administrator. 
Hearing. 
Judicial review. 
5 u s e 701 et seq. 
(1) will not unreasonably interfere with the exercise of the 
freedoms of the high seas by other states, as recognized under 
general principles of international law; 
(2) will not conflict with any international obligation of the 
United States established by any treaty or international conven-
tion in force with respect to the United States; 
(3) will not create a situation which may reasonably be 
expected to lead to a breach of international peace and security 
involving armed conflict; 
(4) cannot reasonably be expected to result in a significant 
adverse effect on the quality of the environment, taking into 
account the analyses and information in any applicable environ-
mental impact statement prepared pursuant to section 109(c) or 
109(d); and 
(5) will not pose an inordinate threat to the safety of life and 
property at sea. 
(b) ISSUANCE AND TRANSFER OF LICENSES AND PERMITS WITH TERMS, 
CONDITIONS, AND RESTRICTIONS.—(1) Within 180 days after certifica-
tion of any application for the issuance or transfer of a license or 
permit under section 103(g), the Administrator shall propose terms 
and conditions for, and restrictions on, the exploration or commercial 
recovery proposed in the application which are consistent with the 
provisions of this Act and regulations issued under this Act. If 
additional time is needed, the Administrator shall notify the appli-
cant in writing of the reasons for the delay and indicate the approxi-
mate date on which the proposed terms, conditions, and restrictions 
will be completed. The Administrator shall provide to each applicant 
a written statement of the proposed terms, conditions, and restric-
tions. Such terms, conditions, and restrictions shall be generally 
specified in regulations with general criteria and standards to be used 
in establishing such terms, conditions, and restrictions for a license 
or permit and shall be uniform in all licenses or permits, except to the 
extent that differing physical and environmental conditions require 
the establishment of special terms, conditions, and restrictions for 
the conservation of natural resources, protection of the environment, 
or the safety of life and property at sea. 
(2) After preparation and consideration of the final environmental 
impact statement pursuant to section 109(d) on the proposed issuance 
of a license or permit and subject to the other provisions of this Act, 
the Administrator shall issue to the applicant the license or permit 
with the terms, conditions, and restrictions incorporated therein. 
(3) The licensee or permittee to whom a license or permit is issued 
or transferred shall be deemed to have accepted the terms, condi-
tions, and restrictions in the license or permit if the licensee or 
permittee does not notify the Administrator within 60 days after 
receipt of the license or permit of each term, condition, or restriction 
with which the licensee or permittee takes exception. The licensee or 
permittee may, in addition to such objections as may be raised under 
applicable provisions of law, object to any term, condition, or restric-
tion on the ground that the term, condition, or restriction is inconsist-
ent with this Act or the regulations promulgated thereunder. If, after 
the Administrator takes final action on these objections, the licensee 
or permittee demonstrates that a dispute remains on a material issue 
of fact, the licensee or permittee is entitled to a decision on the record 
after the opportunity for an agency hearing pursuant to sections 556 
and 557 of title 5, United States Code. Any such decision made by the 
Administrator shall be subject to judicial review as provided in 
chapter 7 of title 5, United States Code. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 565 
(c) MODIFICATION AND REVISION OF TERMS, CONDITIONS, AND 
RESTRICTIONS.—(1) After the issuance or transfer of any license or 
permit under subsection (b), the Administrator, after consultation 
with interested agencies and the licensee or permittee, may modify 
any term, condition, or restriction in such license or permit— 
(A) to avoid unreasonable interference 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) if relevant data and other information (including, but not 
limited to, data resulting from exploration or commercial recov-
ery activities under the license or permit) indicate that modifica-
tion is required to protect the quality of the environment or to 
promote the safety of life and property at sea and if such 
modification is consistent with the regulations issued to carry 
out section 109(b); 
(C) to avoid a conflict with any international obligation of the 
United States, established by any treaty or convention in force 
with respect to the United States, as determined in writing by 
the President; or 
(D) to avoid any situation which may reasonably be expected to 
lead to a breach of international peace and security involving 
armed conflict, as determined in writing by the President. 
(2) During the term of a license or a permit, the licensee or 
permittee may submit to the Administrator an application for a 
revision of the license or permit or the exploration plan or recovery 
plan associated with the license or permit. The Administrator shall 
approve such application upon a finding in writing that the revision 
will comply with the requirements of this Act and the regulations 
issued under this Act. 
(3) The Administrator shall establish, by regulation, guidelines for 
a determination of the scale or extent of a proposed modification or 
revision for which any or all license or permit application require-
ments and procedures, including a public hearing, shall apply. Any 
increase in the size of the area, or any change in the location of an 
area, to which an exploration plan or a recovery plan applies, except 
an incidental increase or change, must be made by application for 
another license or permit. 
(4) The procedures set forth in subsection (b)(3) of this section shall 
apply with respect to any modification under this subsection in the 
same manner, and to the same extent, as if such modification were an 
initial term, condition, or restriction proposed by the Administrator. 
(d) PRIOR CONSULTATIONS.—Prior to making a determination to 
issue, transfer, modify, or renew a license or permit under this 
section, the Administrator shall consult with any affected Regional 
Fishery Management Council established pursuant to section 302 of 
the Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1852), if the activities undertaken pursuant to such license or permit 
could adversely affect any fishery within the Fishery Conservation 
Zone, or any anadromous species or Continental Shelf fishery 
resource' subject to the exclusive management authority of the 
United States beyond such zone. 
SEC. 106. DENIAL OF CERTIFICATION OF APPLICATIONS AND OF ISSU-
ANCE, 
TRANSFER, 
SUSPENSION, AND REVOCATION OF 
LICENSES AND PERMITS; SUSPENSION AND MODIFICATION 
OF ACTIVITIES. 
(a) DENIAL, SUSPENSION, MODIFICATION, AND REVOCATION.—(1) The 
Administrator may deny certification of an application for the 
License or 
permit revision, 
application. 
Modification or 
revision 
determination. 
Regional Fishery 
Management 
Councils. 
30 u s e 1416. 
94 STAT. 566 
PUBLIC LAW 96-283—JUNE 28, 1980 
Publication in 
Federal 
Register. 
Correction of 
deficiency. 
Hearing. 
issuance or transfer of, and may deny the issuance or transfer of, a 
license for exploration or permit for commercial recovery if the 
Administrator finds that the applicant, or the activities proposed to 
be undertaken by the applicant, do not meet the requirements set 
forth in section 103(c), section 105(a), or in any other provision of this 
Act, or any regulation issued under this Act, for the issuance or 
transfer of a license or permit. 
(2) The Administrator may— 
(A) in addition to, or in lieu of, the imposition of any civil 
penalty under section 302(a), or in addition to the imposition of 
any fine under section 303, suspend or revoke any license or 
permit issued under this Act, or suspend or modify any particu-
lar activities under such a license or permit, if the licensee or 
permittee, as the case may be, substantially fails to comply with 
any provision of this Act, any regulation issued under this Act, or 
any term, condition, or restriction of the license or permit; and 
(B) suspend or modify particular activities under any license or 
permit, if the President determines that such suspension or 
modification is necessary (i) to avoid any conflict with any 
international obligation of the United States established by any 
treaty or convention in force with respect to the United States, or 
(ii) to avoid any situation which may reasonably be expected to 
lead to a breach of international peace and security involving 
armed conflict. 
(3) No action may be taken by the Administrator to deny issuance 
or transfer of or to revoke any license or permit or, except as provided 
in subsection (c), to suspend any license or permit or suspend or 
modify particular activities under a license or permit, unless the 
Administrator— 
(A) publishes in the Federal Register and gives the applicant, 
licensee, or permittee, as the case may be, written notice of the 
intention of the Administrator to deny the issuance or transfer of 
or to suspend, modify, or revoke the license or permit and the 
reason therefor; and 
(B) if the reason for the proposed denial, suspension, modifica-
tion, or revocation is a deficiency which the applicant, licensee, 
or permittee can correct, affords the applicant, licensee, or 
permittee a reasonable time, but not more than 180 days from 
the date of the notice or such longer period as the Administrator 
may establish for good cause shown, to correct such deficiency. 
(4) The Administrator shall deny issuance or transfer of, or suspend 
or revoke, any license or permit or order the suspension or modifica-
tion of particular activities under a license or permit— 
(A) on the thirtieth day after the date of the notice given to the 
applicant, licensee, or permittee under paragraph (3)(A) unless 
before such day the applicant, licensee, or permittee requests a 
review of the proposed denial, suspension, modification, or revo-
cation; or 
(B) on the last day of the period established under paragraph 
(3)(B) in which the applicant, licensee, or permittee must correct 
a deficiency, if such correction has not been made before such 
day. 
Ob) ADMINISTRATIVE REVIEW OP PROPOSED DENIAL, SUSPENSION, 
MODIFICATION, OR REVOCATION.—Any applicant, licensee, or permit-
tee, as the case may be, who makes a timely request under subsection 
(a) for review of a denial of issuance or transfer, or a suspension or 
revocation, of a license for exploration or permit for commercial 
recovery, or a suspension or modification of particular activities 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 567 
under such a license or permit, is entitled to an adjudication on the 
record after an opportunity for an agency hearing with respect to 
such denial or suspension, revocation, or modification. 
(c) EFFECT ON ACTIVITIES; EMERGENCY ORDERS.—The issuance of 
any notice of proposed suspension or revocation of a license for 
exploration or permit for commercial recovery or proposed suspen-
sion or modification of particular activities under such a license or 
permit shall not affect the continuation of exploration or commercial 
recovery activities by the licensee or permittee. The provisions of 
paragraphs (3) and (4) of subsection (a) and the first sentence of this 
subsection shall not apply when the President determines by Execu-
tive order that an immediate suspension of a license for exploration 
or permit for commercial recovery, or immediate suspension or 
modification of particular activities under such a license or permit, is 
necessary for the reasons set forth in subsection (a)(2)(B), or the 
Administrator determines that an immediate suspension of such a 
license or permit, or immediate suspension or modification of particu-
lar activities under such a license or permit, is necessary to prevent a 
significant adverse effect on the environment or to preserve the 
safety of life and property at sea, and the Administrator issues an 
emergency order requiring such immediate suspension. 
(d) JUDICIAL REVIEW.—Any determination of the Administrator, 
after any appropriate administrative review under subsection (b), to 
certify or deny certification of an application for the issuance or 
transfer of, or to issue, deny issuance of, transfer, deny the transfer 
of, modify, renew, suspend, or revoke any license for exploration or 
permit for commercial recovery, or suspend or modify particular 
activities under such a license or permit, or any immediate suspen-
sion of such a license or permit, or immediate suspension or modifica-
tion of particular activities under such a license or permit, pursuant 
to subsection (c), is subject to judicial review as provided in chapter 7 
of title 5, United States Code. 
SEC. 107. DURATION OF LICENSES AND PERMITS. 
(a) DURATION OF A LICENSE.—Each license for exploration shall be 
issued for a period of 10 years. If the licensee has substantially 
complied with the license and the exploration plan associated there-
with and has requested extensions of the license, the Administrator 
shall extend the license on terms, conditions, and restrictions consist-
ent with this Act and the regulations issued under this Act for periods 
of not more than 5 years each. 
(b) DURATION OF A PERMIT.—Each permit for commercial recovery 
shall be issued for a term of 20 years and for so long thereafter as 
hard mineral resources are recovered annually in commercial quanti-
ties from the area to which the recovery plan associated with the 
permit applies. The permit of any permittee who is not recovering 
hard mineral resources in commercial quantities at the end of 10 
years shall be terminated; except that the Administrator shall for 
good cause shown, including force majeure, adverse economic condi-
tions, unavoidable delays in construction, major unanticipated vessel 
repairs that prevent the permittee from conducting commercial 
recovery activities during an annual period, or other circumstances 
beyond the control of the permittee, extend the 10-year period, but 
not beyond the initial 20-year term of the permit. 
SEC. 108. DILIGENCE REQUIREMENTS. 
(a) IN GENERAL.—The exploration plan or recovery plan and the 
terms, conditions, and restrictions of each license and permit issued 
5 u s e 701 et seq. 
30 u s e 1417. 
Extensions. 
Termination and 
extensions. 
30 u s e 1418. 
94 STAT. 568 
PUBLIC LAW 96-283—JUNE 28, 1980 
Less costly 
technology. 
Temporary 
suspension. 
30 u s e 1419. 
Plan, submittal 
to Congress. 
under this title shall be designed to assure diligent development. 
Each licensee shall pursue diligently the activities described in the 
exploration plan of the licensee, and each permittee shall pursue 
diligently the activities described in the recovery plan of the permit-
tee. 
(b) EXPENDITURES.—Each license shall require such periodic rea-
sonable expenditures for exploration by the licensee as the Adminis-
trator shall establish, taking into account the size of the area of the 
deep seabed to which the exploration plan associated with the license 
applies and the amount of funds which is estimated by the Adminis-
trator to be required for commercial recovery of hard mineral 
resources to begin within the time limit established by the Adminis-
trator. Such required expenditures shall not be established at a level 
which would discourage exploration by persons with less costly 
technology than is prevalently in use. 
(c) 
COMMERCIAL 
RECOVERY.—Once 
commercial 
recovery 
is 
achieved, the Administrator shall, within reasonable limits and 
taking into consideration all relevant factors, require the permittee 
to maintain commercial recovery throughout the period of the 
permit; except that the Administrator shall for good cause shown, 
including force majeure, adverse economic conditions, or other cir-
cumstances beyond the control of the permittee, authorize the tempo-
rary suspension of commercial recovery activities. The duration of 
such a suspension shall not exceed one year at any one time, unless 
the Administrator determines that conditions justify an extension of 
the suspension. 
SEC. 109. PROTECTION OF THE ENVIRONMENT. 
(a) ENVIRONMENTAL ASSESSMENT—(1) DEEP OCEAN MINING ENVI-
RONMENTAL STUDY (DOMES).—The Administrator shall expand and 
accelerate the program assessing the effects on the environment from 
exploration and commercial recovery activities, including seabased 
processing and the disposal at sea of processing wastes, so as to 
provide an assessment, as accurate as practicable, of environmental 
impacts of such activities for the implementation of subsections (b), 
(c), and (d). 
(2) SUPPORTING OCEAN RESEARCH.—The Administrator also shall 
conduct a continuing program of ocean research to support environ-
mental assessment activity through the period of exploration and 
commercial recovery authorized by this Act. The program shall 
include the development, acceleration, and expansion, as appropri-
ate, of studies of the ecological, geological, and physical aspects of the 
deep seabed in general areas of the ocean where exploration and 
commercial development under the authority of this Act are likely to 
occur, including, but not limited to— 
(A) natural diversity of the deep seabed biota; 
(B) life histories of major benthic, midwater, and surface 
organisms most likely to be affected by commercial recovery 
activities; 
(C) long- and short-term effects of commercial recovery on the 
deep seabed biota; and 
(D) assessment of the effects of seabased processing activities. 
Within 160 days after the date of enactment of this Act, the Adminis-
trator shall prepare a plan to carry out the program described in this 
subsection, including necessary funding levels for the next five fiscal 
years, and shall submit the plan to the Congress. 
(b) 
TERMS, CONDITIONS, AND RESTRICTIONS.—Each license 
and 
permit issued under this title shall contain such terms, conditions, 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 569 
Best available 
technologies. 
and restrictions, established by the Administrator, which prescribe 
the actions the licensee or permittee shall take in the conduct of 
exploration and commercial recovery activities to assure protection 
of the environment. The Administrator shall require in all activities 
under new permits, and wherever practicable in activities under 
existing permits, the use of the best available technologies for the 
protection of safety, health, and the environment wherever such 
activities would have a significant effect on safety, health, or the 
environment, except where the Administrator determines that the 
incremental benefits are clearly insufficient to justify the incre-
mentalcostsofusingsuchtechnologies.Beforeestablishingsuchterms, Consultation. 
conditions, and restrictions, the Administrator shall consult with the 
Administrator of 
the Environmental Protection Agency, the Secretary 
of 
State, and the Secretary of 
the department in which the Coast Guard 
is operating, concerning such terms, conditions, and restrictions, and 
the Administrator 
shall take into account and give due consideration to 
the information contained in each final environmental impact state-
ment prepared with respect to such license or permit pursuant to 
subsection (d). 
(c) PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.—(1) If the 
Administrator, in consultation with the Administrator of the Envi-
ronmental Protection Agency and with the assistance of other appro-
priate Federal agencies, determines that a programmatic environ-
mental impact statement is required, the Administrator shall, as 
soon as practicable after the enactment of this Act, with respect to 
the areas of the oceans in which any United States citizen is expected 
to undertake exploration and commercial recovery under the author-
ity of this Act— 
(A) prepare and publish draft programmatic environmental 
impact statements which assess the environmental impacts of 
exploration and commercial recovery in such areas; 
(B) afford all interested parties a reasonable time after such Comments. 
dates of publication to submit comments to the Administrator on 
such draft statements; and 
(C) thereafter prepare (giving full consideration to all com-
ments submitted under subparagraph (B)) and publish final 
programmatic environmental impact statements regarding such 
areas. 
(2) With respect to the area of the oceans in which exploration and 
commercial recovery by any United States citizen will likely first 
occur under the authority of this Act, the Administrator shall 
prepare a draft and final programmatic environmental impact state-
ment as required under paragraph (1), except that— 
(A) the draft programmatic environmental impact statement 
shall be prepared and published as soon as practicable but not 
later than 270 days (or such longer period as the Administrator 
may establish for good cause shown) after the date of enactment 
ofthisAct;and 
(B) the final programmatic environmental impact statement 
shall be prepared and published within 180 days (or such longer 
period as the Administrator may establish for good cause shown) 
after the date on which the draft statement is published. 
(d) ENVIRONMENTAL IMPACT STATEMENTS ON ISSUANCE OF LICENSES 
AND PERMITS.—^The issuance of, but not the certification of an 
application for, any license or permit under this title shall be deemed 
to be a major Federal action significantly affecting the quality of the 
human environment for purposes of section 102 of the National 
Environmental Policy Act of 1969. In preparing an environmentsd ^2 use 4332. 
" 
Consultation. 
94 STAT. 570 
PUBLIC LAW 96-283—JUNE 28, 1980 
Publication. 
Publication. 
A vessel or 
other floating 
craft. 
33 use 1362. 
International 
negotiations. 
Report to 
Congress. 
"Stable 
reference areas." 
30 use 1420. 
"eonservation of 
natural 
resources." 
impact statement pursuant to this subsection, the Administrator 
shall consult with the agency heads referred to in subsection (b) and 
shall take into account, and give due consideration to, the relevant 
information contained in any applicable studies and any other 
environmental impact statement prepared pursuant to this section. 
Each draft environmental impact statement prepared pursuant to 
this subsection shall be published, with the terms, conditions, and 
restrictions proposed pursuant to section 105(b), within 180 days (or 
such longer period as the Administrator may establish for good cause 
shown in writing) following the date on which the application for the 
license or permit concerned is certified by the Administrator. Each 
final environmental impact statement shall be published 180 days (or 
such longer period as the Administrator may establish for good cause 
shown in writing) following the date on which the draft environmen-
tal impact statement is published. 
(e) EFFECT ON OTHER LAW.—For the purposes of 
this Act, any vessel 
or other floating craft engaged in commercial recovery or exploration 
shall not be deemed to be "a vessel or other floating craft" under 
section 502(12)(B) of the Clean Water Act and any discharge of a 
pollutant from such vessel or other floating craft shall be subject to 
the Clean Water Act. 
(f) STABLE REFERENCE AREAS,— 
(1) Within one year after the enactment of this Act the 
Secretary of State shall, in cooperation with the Administrator 
and as part of the international consultations pursuant to 
subsection 118(f), negotiate with all nations that are identified in 
such subsection for the purpose of establishing international 
stable reference areas in which no mining shall take place: 
Provided, however, That this subsection shall not be construed as 
requiring any substantial withdrawal of deep seabed areas from 
deep seabed mining authorized by this Act. 
(2) Nothing in this Act shall be construed as authorizing the 
United States to unilaterally establish such reference area or 
areas nor shall the United States recognize the unilateral claim 
to such reference area or areas by any State. 
(3) Within four years after the enactment of this Act, the 
Secretary of State shall submit a report to Congress on the 
progress of establishing such stable reference areas, including 
the designation of appropriate zones to insure a representative 
and stable biota of 
the deep seabed. 
(4) For purposes of this section "stable reference areas" shall 
mean an area or areas of the deep seabed to be used as a 
reference zone or zones for purposes of resource evaluation and 
environmental assessment of deep seabed mining in which no 
mining will occur. 
SEC. 110. CONSERVATION OF NATURAL RESOURCES. 
For the purpose of conservation of natural resources, each license 
and permit issued under this title shall contain, as needed, terms, 
conditions, and restrictions which have due regard for the prevention 
of waste and the future opportunity for the commercial recovery of 
the unrecovered balance of the hard mineral resources in the area to 
which the license or permit applies. In establishing these terms, 
conditions, and restrictions, the Administrator shall consider the 
state of the technology, the processing system utilized and the value 
and potential use of any waste, the environmental effects of the 
exploration or commercial recovery activities, economic and resource 
data, and the national need for hard mineral resources. As used in 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 571 
this Act, the term "conservation of natural resources" is not intended 
to grant, imply, or create any inference of production controls or price 
regulation, in particular those which would affect the volume of 
production, prices, profits, markets, or the decision of which minerals 
or metals are to be recovered, except as such effects may be incidental 
to actions taken pursuant to this section. 
SEC. 111. PREVENTION OF INTERFERENCE WITH OTHER USES OF THE 
HIGH SEAS. 
Each license and permit issued under this title shall include such 
restrictions as may be necessary and appropriate to ensure that 
exploration or commercial recovery activities conducted by the li-
censee or permittee do 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. 
SEC. 112. SAFETY OF LIFE AND PROPERTY AT SEA. 
(a) CONDITIONS REGARDING VESSELS.—The Secretary of the depart-
ment in which the Coast Guard is operating, in consultation with the 
Administrator, shall require in any license or permit issued under 
this title, in conformity with principles of international law, that 
vessels documented under the laws of the United States and used in 
activities authorized under the license or permit comply with condi-
tions regarding the design, construction, alteration, repair, equip-
ment, operation, manning, and maintenance relating to vessel and 
crew safety and the promotion of safety of life and property at sea. 
(b) APPLICABILITY OF OTHER LAWS.—Notwithstanding any other 
provision of law, any vessel described in subsection (a) shall be subject 
to the provisions of the International Voyage Load Line Act of 1973, 
and to the provisions of titles 52 and 53 of the Revised Statutes and all 
Acts amendatory thereof or supplementary thereto. 
SEC. 113. RECORDS, AUDITS. AND PUBLIC DISCLOSURE. 
30 u s e 1421. 
30 u s e 1422. 
46 u s e 86 note. 
46 u s e 362 note, 
543 note. 
30 u s e 1423. 
(a) RECORDS AND AUDITS.—(1) Each licensee and permittee shall 
keep such records, consistent with standard accounting principles, as 
the Administrator shall by regulation prescribe. Such records shall 
include information which will fully disclose expenditures for explo-
ration and commercial recovery, including processing, of hard min-
eral resources, and such other information as will facilitate an 
effective audit of such expenditures. 
(2) The Administrator and the Comptroller General of the United Accessibility. 
States, or any of their duly authorized representatives, shall have 
access, for purposes of audit and examination, to any books, docu-
ments, papers, and records of licensees and permittees which are 
necessary and directly pertinent to verify the expenditures referred 
to in paragraph (1). 
(b) SUBMISSION OF DATA AND INFORMATION.—Each licensee and 
permittee shall be required to submit to the Administrator such data 
or other information as the Administrator may reasonably need for 
purposes of making determinations with respect to the issuance, 
revocation, modification, or suspension of any license or permit; 
compliance with the reporting requirement contained in section 309; 
and evaluation of the exploration or commercial recovery activities 
conducted by the licensee or permittee. 
(c) PUBLIC DISCLOSURE.—Copies of any document, report, communi-
cation, or other record maintained or received by the Administrator 
containing data or information required under this title shall be 
made available to any person upon any request which (1) reasonably 
94 STAT. 572 
PUBLIC LAW 96-283—JUNE 28, 1980 
Penalties. 
30 use 1424. 
Federal 
observers. 
30 use 1425. 
Liability. 
describes such record and (2) is made in accordance with rules 
adopted by the Administrator stating the time, place, fees (if any, not 
to exceed the direct cost of the services rendered), and procedures to 
be followed, except that neither the Administrator nor any other 
officer or employee of the United States may disclose any data or 
information knowingly and willingly required under this title the 
disclosure of which is prohibited by section 1905 of title 18, United 
States Code. Any officer or employee of the United States who 
discloses data or information in violation of this subsection shall be 
subject to the penalties set forth in section 303(b) of this Act. 
SEC. 114. MONITORING OF ACTIVITIES OF LICENSEES AND PERMITTEES. 
Each license and permit issued under this title shall require the 
licensee or permittee— 
(1) to allow the Administrator to place appropriate Federal 
officers or employees as observers aooard vessels used by the 
licensee or permittee in exploration or commercial recovery 
activities (A) to monitor such activities at such time, and to such 
extent, as the Administrator deems reasonable and necessary to 
assess the effectiveness of the terms, conditions, and restrictions 
of the license or permit, and (B) to report to the Administrator 
whenever such officers or employees have reason to believe 
there is a failure to comply with such terms, conditions, and 
restrictions; 
(2) to cooperate with such officers and employees in the 
performance of monitoring functions; and 
(3) to monitor the environmental effects of the exploration and 
commercial recovery activities in accordance with guidelines 
issued by the Administrator and to submit such information as 
the Administrator finds to be necessary and appropriate to assess 
environmental impacts and to develop and evaluate possible 
methods of mitigating adverse environmental effects. 
SEC. 115. RELINQUISHMENT, SURRENDER, AND TRANSFER OF LICENSES 
AND PERMITS. 
(a) RELINQUISHMENT AND SURRENDER.—Any licensee or permittee 
may at any time, without penalty— 
(1) surrender to the Administrator a license or a permit issued 
to the licensee or permittee; or 
(2) relinquish to the Administrator, in whole or in part, any 
right to conduct any exploration or commercial recovery activi-
ties authorized by the license or permit. 
Any licensee or permittee who surrenders a license or permit, or 
relmquishes any such right, shall remain liable with respect to all 
violations and penalties incurred, and damage to persons or property 
caused, by the licensee or permittee as a result of activities engaged 
in by the licensee or permittee under such license or permit. 
(b) TRANSFER.—Any license or permit, upon written request of the 
licensee or permittee, may be transferred by the Administrator; 
except that no such transfer may occur unless the proposed trans-
feree is a United States citizen and until the Administrator deter-
mines that (1) the proposed transfer is in the public interest, and 
(2) the proposed transferee and the exploration or commercial recov-
ery activities the transferee proposes to conduct meet the require-
ments of this Act and regulations issued under this Act. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 573 
SEC. 116. PUBLIC NOTICE AND HEARINGS. 
(a) REQUIRED PROCEDURES.—The Administrator may issue regula-
tions to carry out this Act, establish and significantly modify terms, 
conditions, and restrictions in licenses and permits issued under this 
title, and issue or transfer licenses and permits under this title, only 
after public notice and opportunity for comment and hearings in 
accordance with the following: 
(1) The Administrator shall publish in the Federal Register 
notice of all applications for licenses and permits, all proposals to 
issue or transfer licenses and permits, all regulations implement-
ing this Act, all terms, conditions, and restrictions on licenses 
and permits, and all proposals to significantly modify licenses 
and permits. Interested persons shall be permitted to examine 
the materials relevant to any of these actions, and shall have at 
least 60 days after publication of such notice to submit written 
comments to the Administrator. 
(2) The Administrator shall hold a public hearing in an 
appropriate location and may employ such additional methods as 
the Administrator deems appropriate to inform interested per-
sons about each action specified in paragraph (1) and to invite 
their comments thereon. 
(b) ADJUDICATORY HEARING.—If the Administrator determines that 
there exists one or more specific and material factual issues which 
require resolution by formal processes, at least one adjudicatory 
hearing shall be held in the District of Columbia in accordance with 
the provisions of section 554 of title 5, United States Code. The record 
developed in any such adjudicatory hearing shall be part of the basis 
for the Administrator's decision to take any action referred to in 
subsection (a). Hearings held pursuant to this section shall be 
consolidated insofar as practicable with hearings held by other 
agencies. 
SEC. 117. CIVIL ACTIONS. 
(a) EQUITABLE RELIEF.—Except as provided in subsection (b) of this 
section, any person may commence a civil action for equitable relief 
on that person's behalf in the United States District Court for the 
District of Columbia— 
(1) against any person who is alleged to be in violation of any 
provision of this Act or any condition of a license or permit issued 
under this title; or 
(2) against the Administrator when there is alleged a failure of 
the Administrator to perform any act or duty under this Act 
which is not discretionary, 
if the person bringing the action has a valid legal interest which is or 
may be adversely affected by such alleged violation or failure to 
perform. In suits brought under this subsection, the district court 
shall have jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce the provisions of this Act, 
or any term, condition, or restriction of a license or permit issued 
under this title, or to order the Administrator to perform such act or 
duty. 
(b) NOTICE.—No civil action may be commenced— 
(1) under subsection (a)(1) of this section— 
(A) prior to 60 days after the plaintiff has given notice of 
the alleged violation to the Administrator and to any alleged 
violator; or 
(B) if the Administrator or the Attorney General has 
commenced and is diligently prosecuting a civil or criminal 
30 u s e 1426. 
Publication in 
Federal 
Register. 
Comments. 
Consolidation of 
hearings. 
30 u s e 1427. 
94 STAT. 574 
PUBLIC LAW 96-283—JUNE 28, 1980 
action with respect to the alleged violation in a court of the 
United States; except that in any such civil action, any 
person having a valid legal interest which is or may be 
adversely affected by the alleged violation may intervene; or 
(2) under subsection (a)(2) of this section, prior to 60 days after 
the plaintiff has given notice of such action to the Administrator. 
Notice under this subsection shall be given in such a manner as the 
Administrator shall prescribe by regulation. 
(c) COSTS AND FEES.—The court, in issuing any final order in any 
action brought under subsection (a) of this section, may award costs of 
litigation, including reasonable attorney and expert witness fees, to 
any party whenever the court determines that such an award is 
appropriate. 
(d) RELATIONSHIP TO OTHER LAW.—Nothing in this section shall 
restrict the rights which any person or class of persons may have 
under other law to seek enforcement or to seek any other relief. All 
vessel safety and environmental requirements of or under this Act 
shall be in addition to other requirements of law. 
30 use 1428. 
SEC. 118. RECIPROCATING STATES. 
(a) DESIGNATION.—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 com-
mercial recovery of, hard mineral resources of the deep seabed in 
a manner compatible with that provided in this Act and the 
regulations issued under this Act, 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 title 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 102(c)(1)(D) of this 
Act; 
(3) recognizes, under its procedures, priorities of right, consist-
ent with those provided in this Act and the regulations issued 
under this Act, for applications for licenses for exploration or 
permits for commercial recovery, which applications are made 
either under its procedures or under this Act; 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 interna-
tional law. 
(b) EFFECT OF DESIGNATION.—No license or permit shall be issued 
under this title permitting any exploration or commercial recovery 
which will conflict with any license, permit, or equivalent authoriza-
tion issued by any foreign nation which is designated as a reciprocat-
ing state under subsection (a). 
(c) NOTIFICATION.—Upon receipt of any application for a license or 
permit under this title, the Administrator shall immediately notify 
all reciprocating states of such application. The notification shall 
include those portions of the exploration plan or recovery plan 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 575 
Presidential 
negotiation. 
Assistance on 
environmental 
protection. 
submitted with respect to the appHcation, or a summary thereof, and 
any other appropriate information not required to be withheld from 
public disclosure by section 113(c). 
(d) REVOCATION OF RECIPROCATING STATE STATUS.—The Adminis- Consultation. 
trator, in consultation with the Secretary of State and the heads of 
other appropriate departments and agencies, shall revoke the desig-
nation 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 subsec-
tion (b). 
(e) AUTHORIZATION.—The President is authorized to negotiate 
agreements with foreign nations necessary to implement this section. 
(f) INTERNATIONAL CONSULTATIONS.—The Administrator, in consul-
tation 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 environmen-
tal impacts of exploration and commercial recovery activities, and 
shall provide any technical assistance requested in designing regula-
tory measures to protect the environment. 
TITLE II—TRANSITION TO INTERNATIONAL AGREEMENT 
SEC. 201. DECLARATION OF CONGRESSIONAL INTENT. 
30 USC 1441. 
It is the intent of Congress— 
(1) that any international agreement to which the United 
States becomes a party should, in addition to promoting other 
national oceans objectives— 
(A) provide assured and nondiscriminatory access, under 
reasonable terms and conditions, to the hard mineral re-
sources of the deep seabed for United States citizens, and 
(B) provide security of tenure by recognizing the rights of 
United States citizens who have undertaken exploration or 
commercial recovery under title I before such agreement 
Ante, p. 557. 
enters into force with respect to the United States to 
continue their operations under terms, conditions, and re-
strictions which do not impose significant new economic 
burdens upon such citizens with respect to such operations 
with the effect of preventing the continuation of such oper-
ations on a viable economic basis; 
(2) that the .extent to which any such international agreement 
conforms to the provisions of paragraph (1) should be determined 
by the totality of the provisions of such agreement, including, but 
not limited to, the practical implications for the security of 
investments of any discretionary powers granted to an interna-
tional regulatory body, the structures and decisionmaking proce-
dures of such body, the availability of impartial and effective 
procedures for the settlement of disputes, and any features that 
79-194 O—81—pt. 1 
40 : QL3 
94 STAT. 576 
PUBLIC LAW 96-283—JUNE 28, 1980 
30 u s e 1442. 
Ante, p. 557. 
Report to 
Congress. 
30 u s e 1443. 
Proposed 
legislation, 
submittal to 
Congress. 
Status of 
negotiations, 
report to 
Congress. 
30 u s e 1444. 
tend to discriminate against exploration and commercial recov-
ery activities undertaken by United States citizens; and 
(3) that this Act should be transitional pending— 
(A) the adoption of an international agreement at the 
Third United Nations Conference on the Law of the Sea, and 
the entering into force of such agreement, or portions 
thereof, with respect to the United States, or 
(B) if such adoption is not forthcoming, the negotiation of a 
multilateral or other treaty concerning the deep seabed, and 
the entering into force of such treaty with respect to the 
United States. 
SEC. 202. EFFECT OF INTERNATIONAL AGREEMENT. 
If an international agreement enters into force with respect to the 
United States, any provision of title I, this title, or title III, and any 
regulation issued under any such provision, which is not inconsistent 
with such international agreement shall continue in effect with 
respect to United States citizens. In the implementation of such 
international agreement the Administrator, in consultation with the 
Secretary of State, shall make every effort, to the maximum extent 
practicable consistent with the provisions of that agreement, to 
provide for the continued operation of exploration and commercial 
recovery activities undertaken by United States citizens prior to 
entry into force of the agreement. The Administrator shall submit to 
the Congress, within one year after the date of such entry into force, a 
report on the actions taken by the Administrator under this section, 
which report shall include, but not be limited to— 
(Da description of the status of deep seabed mining operations 
of United States citizens under the international agreement; and 
(2) an assessment of whether United States citizens who were 
engaged in exploration or commercial recovery on the date such 
agreement entered into force have been permitted to continue 
their operations. 
SEC. 203. PROTECTION OF INTERIM INVESTMENTS. 
In order to further the objectives set forth in section 201, the 
Administrator, not more than one year after the date of enactment of 
this Act— 
(1) shall submit to the Congress proposed legislation necessary 
for the United States to implement a system for the protection of 
interim investments that has been adopted as part of an interna-
tional agreement and any resolution relating to such interna-
tional agreement; or 
(2) if a system for the protection of interim investments has not 
been so adopted, shall report to the Congress on the status of 
negotiations relating to the establishment of such a system. 
SEC. 204. DISCLAIMER OF OBLIGATION TO PAY COMPENSATION. 
Sections 201 and 202 of this Act do not create or express any legal 
or moral obligation on the part of the United States Government to 
compensate any person for any impairment of the value of that 
person's investment in any operation for exploration or commercial 
recovery under title I which might occur in connection with the 
entering into force of an international agreement with respect to the 
United States. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 577 
TITLE III—ENFORCEMENT AND MISCELLANEOUS 
PROVISIONS 
SEC. 301. PROHIBITED ACTS. 
30 USC 1461. 
It is unlawful for any person who is a United States citizen, or a 
foreign national on board a vessel documented or numbered under 
the laws of the United States, or subject to the jurisdiction of the 
United States under a reciprocating state agreement negotiated 
under section 118(e)— 
(1) to violate any provision of this Act, any regulation issued 
under this Act, or any term, condition, or restriction of any 
license or permit issued to such person under this Act; 
(2) to engage in exploration or commercial recovery after the 
revocation, or during the period of suspension, of an applicable 
license or permit issued under this Act, to engage in a particular 
exploration or commercial recovery activity during the period 
such activity has been suspended under this Act, or to fail to 
modify a particular exploration or commercial recovery activity 
for which modification was required under this Act; 
(3) to refuse to permit any Federal officer or employee author-
ized to monitor or enforce the provisions of this Act, as provided 
in sections 114 and 304, to board a vessel documented or num-
bered under the laws of the United States, or any vessel for which 
such boarding is authorized by a treaty or executive agreement, 
for purposes of conducting any search or inspection in connection 
with the monitoring or enforcement of this Act or any regulation, 
term, condition, or restriction referred to in paragraph (1); 
(4) to forcibly assault, resist, oppose, impede, intimidate, or 
interfere with any such authorized officer or employee in the 
conduct of any search or inspection described in paragraph (3); 
(5) to resist a lawful arrest for any act prohibited by this 
section; 
(6) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of any hard 
mineral resource recovered, processed, or retained in violation of 
this Act or any regulation, term, condition, or restriction 
referred to in paragraph (1); or 
(7) to interfere with, delay, or prevent, by any means, the 
apprehension or arrest of any other person subject to this section 
knowing that such other person has committed any act prohib-
ited by this section. 
SEC. 302. CIVIL PENALTIES. 
30 USC 1462. 
(a) ASSESSMENT OF PENALTY.—Any person subject to section 301 
who is found by the Administrator, after notice and an opportunity 
for a hearing in accordance with section 554 of title 5, United States 
Code, to have committed any act prohibited by section 301 shall be 
liable to the United States for a civil penalty. The amount of the civil 
penalty shall not exceed $25,000 for each violation. Each day of a 
continuing violation shall constitute a separate offense. The amount Written notice. 
of such civil penalty shall be assessed by the Administrator by 
written notice. In determining the amount of such penalty, the 
Administrator shall take into account the nature, circumstances, 
extent, and gravity of the prohibited act committed and, with respect 
to the violator, any history of prior offenses, good faith demonstrated 
in attempting to achieve timely compliance after being cited for the 
violation, and such other matters as justice may require. 
94 STAT. 578 
PUBLIC LAW 96-283—JUNE 28, 1980 
Appeal filing, 
copy to 
Administrator. 
Referral to 
Attorney 
General. 
30 u s e 1463. 
30 u s e 1464. 
eoast Guard, 
assistance. 
Other Federal 
agencies, 
assistance. 
(b) REVIEW OF CIVIL PENALTY.—Any person subject to section 301 
against whom a civil penalty is assessed under subsection (a) may 
obtain review thereof in an appropriate district court of the United 
States by filing a notice of appeal in such court within 30 days from 
the date of such order and by simultaneously sending a copy of such 
notice by certified mail to the Administrator. The Administrator 
shall promptly file in such court a certified copy of the record upon 
which the particular violation was found and such penalty was 
imposed, as provided in section 2112 of title 28, United States Code. 
The findings and order of the Administrator shall be set aside by such 
court if they are not found to be supported by substantial evidence, as 
provided in section 706(2)(E) of title 5, United States Code. 
(c) ACTION UPON FAILURE TO PAY ASSESSMENT.—If any person 
subject to section 301 fails to pay a civil penalty assessed against such 
person after the penalty has become final, or after the appropriate 
court has entered final judgment in favor of the Administrator, the 
Administrator shall refer the matter to the Attorney General of the 
United States, who shall recover the civil penalty assessed in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of the final order imposing the civil 
penalty shall not be subject to review. 
(d) COMPROMISE OR OTHER ACTION BY THE ADMINISTRATOR.—The 
Administrator may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or which 
has been imposed under this section unless an action brought under 
subsection (b) or (c) is pending in a court of the United States. 
SEC. 303. CRIMINAL OFFENSES. 
(a) OFFENSE.—A person subject to section 301 is guilty of an offense 
if such person willfully and knowingly commits any act prohibited by 
section 301. 
(b) PUNISHMENT.—Any offense described in paragraphs (1), (2), and 
(6) of section 301 is punishable by a fine of not more than $75,000 for 
each day during which the violation continues. Any offense described 
in paragraphs (3), (4), (5), and (7) of section 301 is punishable by a fine 
of not more than $75,000 or imprisonment for not more than six 
months, or both. If, in the commission of any offense, the person 
subject to the jurisdiction of the United States uses a dangerous 
weapon, engages in conduct that causes bodily injury to any Federal 
officer or employee, or places any such Federal officer or employee in 
fear of imminent bodily injury, the offense is punishable by a fine of 
not more than $100,000 or imprisonment for not more than ten years, 
or both. 
SEC. 304. ENFORCEMENT. 
(a) RESPONSIBILITY.—Subject to the other provisions of this subsec-
tion, the Administrator shall enforce the provisions of this Act. The 
Secretary of the department in which the Coast Guard is operating 
shall exercise such other enforcement responsibilities with respect to 
vessels subject to the provisions of this Act as are authorized under 
other provisions of law and may, upon the specific request of the 
Administrator, assist the Administrator in the enforcement of the 
provisions of this Act. The Secretary of the department in which the 
Coast Guard is operating shall have the exclusive responsibility for 
enforcement measures which affect the safety of life and property at 
sea. The Administrator and the Secretary of the department in which 
the Coast Guard is operating may, by agreement, on a reimbursable 
basis or otherwise, utilize the personnel, services, equipment, includ-
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 579 
ing aircraft and vessels, and facilities of any other Federal agency or 
department, and may authorize officers or employees of other depart-
ments or agencies to provide assistance as necessary in carrying out 
subsection (b). While providing such assistance, these officers and 
employees shall be under the control, authority, and supervision of 
the Coast Guard. The Administrator and the Secretary of the depart-
ment in which the Coast Guard is operating may issue regulations 
jointly or severally as may be necessary and appropriate to carry out 
their duties under this section. 
(b) POWERS OF AUTHORIZED OFFICERS.—To enforce this Act on board 
any vessel subject to the provisions of this Act, any officer who is 
authorized by the Administrator or by the Secretary of the depart-
ment in which the Coast Guard is operating may— 
(1) board and inspect any vessel which is subject to the 
provisions of this Act; 
(2) search any such vessel if the officer has reasonable cause to 
believe that the vessel has been used or employed in the violation 
of any provision of this Act; 
(3) arrest any person subject to section 301 if the officer has 
reasonable cause to believe that the person has committed a 
criminal offense under section 303; 
(4) seize any such vessel together with its gear, furniture, 
appurtenances, stores, and cargo, used or employed in, or with 
respect to which it reasonably appears that such vessel was used 
or employed in, the violation of any provision of this Act if such 
seizure is necessary to prevent evasion of the enforcement of this 
Act; 
(5) seize any hard mineral resource recovered or processed in 
violation of any provision of this Act; 
(6) seize any other evidence related to any violation of any 
provision of this Act; 
(7) execute any warrant or other process issued by any court of 
competent jurisdiction; and 
(8) exercise any other lawful authority. 
(c) DEFINITION.—For purposes of this section, the term "provisions 
of this Act" or "provision of this Act" means (1) any provision of title I 
or II or this title, (2) any regulation issued under title I, title II, or this 
title, and (3) any term, condition, or restriction of any license or ^"-te, pp. 557, 
permit issued under title I. 
^^^' ^^^ 
(d) PROPRIETARY INFORMATION.—Proprietary and privileged infor-
mation seized or maintained under this title concerning a person or 
vessel engaged in exploration or commercial recovery shall not be 
made available for general or public use or inspection. The Adminis- Regulations. 
trator and the Secretary of the department in which the Coast Guard 
is operating shall issue regulations to insure the confidentiality of 
privileged and proprietary information. 
SEC. 305. LIABILITY OF VESSELS. 
30 USC 1465. 
Any vessel documented or numbered under the laws of the United 
States (except a public vessel engaged in noncommercial activities) 
which is used in any violation of this Act, any regulation issued under 
this Act, or any term, condition, or restriction of any license or permit 
issued under title I shall be liable in rem for any civil penalty 
assessed or criminal fine imposed and may be proceeded against in 
any district court of the United States having jurisdiction thereof. 
94 STAT. 580 
PUBLIC LAW 96-283—JUNE 28, 1980 
30 use 1466. 
SEC. 306. CIVIL FORFEITURES. 
(a) IN GENERAL.—Any vessel subject to the provisions of sections 
304 and 305, including its gear, furniture, appurtenances, stores, and 
cargo, which is used, in any manner, in connection with or as a result 
of the commission of any act prohibited by section 301 and any hard 
mineral resource which is recovered, processed, or retained, in any 
manner, in connection with or as a result of the commission of any 
such act, shall be subject to forfeiture to the United States. All or part 
of such vessel, and all such hard mineral resources, may be forfeited 
to the United States pursuant to a civil proceeding under this section. 
All provisions of law relating to the seizure, judicial forfeiture, and 
condemnation of a vessel or cargo for violation of the customs laws, 
and the disposition of the vessel, cargo, or proceeds from the sale 
thereof and the remission or mitigation of such forfeitures shall apply 
to seizures and forfeitures incurred or alleged to have been incurred 
under the provisions of this section insofar as such provisions of law 
are applicable and not inconsistent with this Act. 
(b) JURISDICTION OF COURTS.—Any district court of the United 
States which has jurisdiction under section 307 shall have jurisdic-
tion, upon application by the Attorney General on behalf of the 
United States, to order any forfeiture authorized under subsection (a) 
and any action provided for under subsection (d). 
(c) JUDGMENT.—If a judgment is entered for the United States in a 
civil forfeiture proceeding under this section, the Attorney General 
may seize any property or other interest declared forfeited to the 
United States which has not previously been seized pursuant to this 
Act or for which security has not previously been obtained under 
subsection (d). 
(d) PROCEDURE.—Any officer authorized to serve any process in rem 
which is issued by a court having jurisdiction under section 307 shall 
stay the execution of such process, or discharge any property seized 
pursuant to such process, upon the receipt of a satisfactory bond or 
other security from any person subject to section 301 claiming such 
property. Such bond or other security shall be conditioned upon such 
person (1) delivering such property to the appropriate court upon 
order thereof, without any impairment of its value; or (2) paying the 
monetary value of such property pursuant to any order of such court. 
Judgment shall be recoverable on such bond or other security against 
both the principal and any sureties in the event that any condition 
thereof is breached, as determined by such court. 
(e) REBUTTABLE PRESUMPTION.—For purposes of this section, it shall 
be a rebuttable presumption that all hard mineral resources found on 
board a vessel subject to the provisions of sections 304 and 305 which 
is seized in connection with an act prohibited by section 301 were 
recovered, processed, or retained in violation of this Act. 
30 use 1467. 
SEC. 307. JURISDICTION OF COURTS. 
The district courts of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the provisions 
of this Act. These courts may, at any time— 
(1) enter restraining orders or prohibitions; 
(2) issue warrants, process in rem, or other process; 
(3) prescribe and accept satisfactory bonds or other security; 
and 
(4) take such other actions as are in the interest of justice. 
Seizure of 
property by 
Attorney 
General. 
Bond or other 
security. 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 581 
SEC. 308. REGULATIONS. 
30 u s e 1468. 
Solicitation of 
Ante, pp. 557, 
575. 
Public hearing. 
Views and 
comments, 
solicitation and 
consideration. 
(a) PROPOSED REGULATIONS.—Not later than 270 days after the date 
of enactment of this Act, the Administrator shall solicit the views of 
the agency heads referred to in section 109(b) and of interested 
persons, and issue, in accordance with section 553 of title 5, United 
States Code, such proposed regulations as are required by or are 
necessary and appropriate to implement titles I and II and this title. 
The Administrator shall hold at least one public hearing on such 
proposed regulations. 
(b) FINAL REGULATIONS.—Not later than 180 days after the date on 
which proposed regulations are issued pursuant to subsection (a), the 
Administrator shall solicit the views of the agency heads referred to 
in section 1090t>) and of interested persons, consider the comments 
received during the public hearing required in subsection (a) and any 
written comments on the proposed regulations received by the 
Administrator, and issue, in accordance with section 553 of title 5, 
United States Code, such regulations as are required by or are 
necessary and appropriate to implement titles I and II and this title. 
(c) AMENDMENTS.—The Administrator may at any time amend 
regulations issued pursuant to subsection (b) as the Administrator 
determines to be necessary and appropriate in order to provide for 
the conservation of natural resources within the meaning of section 
110, protection of the environment, and the safety of life and property 
at sea. Such amended regulations shall apply to all exploration or 
commercial recovery activities conducted under any license or permit 
issued or maintained pursuant to this Act; except that any such 
amended regulations which provide for conservation of natural 
resources shall apply to exploration or commercial recovery con-
ducted under an existing license or permit during the present term of 
such license or permit only if the Administrator determines that such 
amended regulations providing for conservation of natural resources 
will not impose serious or irreparable economic hardship on the 
licensee or permittee. Any amendment to regulations under this Hearing, 
subsection shall be made on the record after an opportunity for an 
agency hearing. 
(d) CONSISTENCY.—This Act and the regulations issued under this 
Act shall not be deemed to supersede any other Federal laws or 
treaties or regulations issued thereunder. 
SEC. 309. B I E N N I A L REPORT. 
30 USC 1469. 
(a) SUBMISSION OF REPORTS.—The Administrator shall submit to the 
Congress— 
(1) not later than December 31, 1981, a report on the adminis-
tration of this Act during the period beginning on the date of 
enactment of this Act and ending September 30, 1981; and 
(2) not later than December 31 of each second year thereafter, a 
report on the administration of this Act during the two fiscal 
years preceding the date on which the report is required to be 
filed. 
(b) CONTENTS.—Each report filed pursuant to subsection (a) shall 
include, but not be limited to, the following information with respect 
to the reporting period: 
(1) Licenses and permits issued, modified, revised, suspended, 
revoked, relinquished, surrendered, or transferred; denials of 
certifications of applications for the issuance or transfer of 
licenses and permits; denials of issuance or transfer of licenses 
and permits; and required suspensions and modifications of 
activities under licenses and permits. 
94 STAT. 582 
PUBLIC LAW 96-283—JUNE 28, 1980 
(2) A description and evaluation of the exploration and com-
mercial recovery activities undertaken, including, but not lim-
ited to, information setting forth the quantities of hard mineral 
resources recovered and the disposition of 
such resources. 
(3) An assessment of the environmental impacts, including a 
description and estimate of any damage caused by any adverse 
effects on the quality of the environment resulting from such 
activities. 
(4) The number and description of all civil and criminal 
proceedings, including citations, instituted under this title, and 
the current status of such proceedings. 
(5) Such recommendations as the Administrator deems appro-
priate for amending this Act to further fulfill its purposes. 
30 use 1470. 
SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Administrator, for 
purposes of carrying out the provisions of titles I and II and this title, 
such sums as may be necessary for the fiscal years ending September 
30,1981, and September 30,1982. 
30 use 1471. 
SEC. 311. SEVERABILITY. 
If any provision of this Act or any application thereof is held 
invalid, the validity of the remainder of the Act, or any other 
application, shall not be affected thereby. 
Deep Seabed 
TITLE IV—TAX 
Hard Mineral 
of ^79^^ ^^^ ^^* ^^^' *^^- SHORT TITLE. 
26 use 1 note. 
This title may be cited as the "Deep Seabed Hard Mineral Removal 
Tax Act of 1979". 
SEC. 402. IMPOSITION OF TAX ON REMOVAL OF HARD MINERAL 
RESOURCES FROM DEEP SEABED. 
(a) GENERAL RULE.—Chapter 36 of the Internal Revenue Code of 
1954 (relating to certain other excise taxes) is amended by adding at 
the end thereof the following new subchapter: 
"Subchapter F—Tax on Removal of Hard Mineral Resources 
From Deep Seabed 
"Sec. 4495. Imposition of tax. 
"Sec. 4496. Definitions. 
"Sec. 4497. Imputed value. 
"Sec. 4498. Termination. 
26 u s e 4495. 
"SEC. 4495. IMPOSITION OF TAX. 
"(a) GENERAL RULE.—There is hereby imposed a tax on any 
removal of a hard mineral resource from the deep seabed pursuant to 
a deep seabed permit. 
"(b) AMOUNT OF TAX.—The amount of the tax imposed by subsec-
tion (a) on any removal shall be 3.75 percent of the imputed value of 
the resource so removed. 
"(c) LIABILITY FOR TAX.—The tax imposed by subsection (a) shall be 
paid by the person to whom the deep seabed permit is issued. 
"(d) TIME FOR PAYING TAX.—The time for paying the tax imposed 
by subsection (a) shall be the time prescribed by the Secretary by 
regulations. The time so prescribed with respect to any removal shall 
be not earlier than the earlier o
f
— 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 583 
"(1) the commercial use of, or the sale or disposition of, any 
portion of the resource so removed, or 
"(2) the day which is 12 months after the date of the removal of 
the resource. 
"SEC. 4496. DEFINITIONS. 
26 USC 4496. 
"(a) DEEP SEABED PERMIT.—For purposes of this subchapter, the 
term 'deep seabed permit' means a permit issued under title I of the 
Deep Seabed Hard Minerals Resources Act. 
"(b) HARD MINERAL RESOURCE.—For purposes of this subchapter, 
the term 'hard mineral resource* means any deposit or accretion on, 
or just below, the surface of the deep seabed of nodules which contain 
one or more minerals, at least one of which is manganese, nickel, 
cobalt, or copper. 
"(c) DEEP SEABED.—For purposes of this subchapter, the term 'deep 
seabed' means the seabed, and the subsoil thereof to a depth of 10 
meters, lying seaward of, and outside— 
"(1) the Continental Shelf of any nation; and 
"(2) any area of national resource jurisdiction of any foreign 
nation, if such area extends beyond the Continental Shelf of such 
nation and such jurisdiction is recognized by the United States. 
"(d) CONTINENTAL SHELF.—For purposes of this subchapter, the 
term 'Continental Shelf means— 
"(1) the seabed and subsoil of the submarine areas adjacent to 
the coast but outside the area of the territorial sea, to a depth of 
200 meters or, beyond that limit, to where the depth of the 
superjacent waters admits of the exploitation of the natural 
resources of 
such areas; and 
"(2) the seabed and subsoil of similar submarine areas adjacent 
to the coasts of islands. 
-SEC. 4497. IMPUTED VALUE. 
26 USC 4497. 
"(a) IN GENERAL.—For purposes of this subchapter, the term 
'imputed value' means, with respect to any hard mineral resource, 20 
percent of the fair market value of the commercially recoverable 
metals and minerals contained in such resource. Such fair market 
value shall be determined— 
"(1) as of the date of the removal of the hard mineral resource 
from the deep seabed; and 
"(2) as if the metals and minerals contained in such resource 
were separated from such resource and were in the most basic 
form for which there is a readily ascertainable market price. 
"(b) COMMERCIAL RECOVERABILTTY.-
"(1) MANGANESE, NICKEL, COBALT, AND COPPER.—For purposes 
of subsection (a), manganese, nickel, cobalt, and copper shall be 
treated as commercially recoverable. 
"(2) MINIMUM QUANTITIES AND PERCENTAGES.—The Secretary 
may by regulations prescribe for each metal or mineral quanti-
ties or percentages below which the metal or mineral shall be 
treated as not commercially recoverable. 
"(c) SUSPENSION OP TAX WITH RESPECT TO CERTAIN METALS AND 
MINERALS HELD FOR LATER PROCESSING.— 
"(1) ELECTION.—The permittee may, in such manner and at 
such time as may be prescribed by regulations, elect to have the 
application of the tax suspended with respect to one or more 
commercially recoverable metals or minerals in the resource 
which the permittee does not intend to process within one year of 
the date of extraction. Any metal or mineral affected by such 
94 STAT. 584 
PUBLIC LAW 96-283—JUNE 28, 1980 
election shall not be taken into account in determining the 
imputed value of the resource at the time of its removal from the 
deep seabed. Any suspension under this paragraph with respect 
to a metal or mineral shall be permanent unless there is a 
redetermination affecting such metal or mineral under para-
graph (2), 
"(2) LATER COMPUTATION OF TAX.—If the permittee processes 
any metal or mineral affected by the election under paragraph 
(1), or if he sells any portion of the resource containing such a 
metal or mineral, then the amount of the tax under section 4495 
shall be redetermined as if there had been no suspension under 
paragraph (1) with respect to such metal or mineral. In any such 
case there shall be added to the increase in tax determined under 
the preceding sentence an amount equal to the interest (at rates 
26 use 6621. 
determined under section 6621) on such increase for the period 
from the date prescribed for paying the tax on the resources 
Ante, p. 582. 
(determined under section 4495(d)) to the date of the processing 
or sale. 
"(d) DETERMINATIONS OP VALUE.—All determinations of value nec-
essary for the application of this subchapter shall be made by the 
Secretary (after consultation with other appropriate Federal officials) 
on the basis of the best available information. Such determinations 
shall be made under procedures established by the Secretary by 
regulations. 
26 use 4498. 
"SEC. 4498. TERMINATION. 
Ante, p. 582. 
"(a) GENERAL RuLE.—The tax imposed by section 4495 shall not 
apply to any removal from the deep seabed after the earlier of— 
"(1) the date on which an international deep seabed treaty 
takes effect with respect to the United States, or 
"(2) the date 10 years after the date of the enactment of this 
subchapter. 
"(b) INTERNATIONAL DEEP SEABED TREATY.—For purposes of subsec-
tion (a), the term 'international deep seabed treaty means any treaty 
which— 
"(1) is adopted by a United Nations Conference on the Law of 
the Sea, and 
"(2) requires contributions to an international fund for the 
sharing of revenues from deep seabed mining.", 
(b) CLERICAL AMENDMENT.—The table of subchapters for chapter 36 
of such Code is amended by adding at the end thereof the following 
new item: 
"SUBCHAPTER F. Tax on removal of hard mineral resources from deep 
seabed." 
26 use 4495 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
i^«te. 
take effect on January 1,1980. 
30 use 1472. 
SEC. 403. ESTABLISHMENT OF DEEP SEABED REVENUE SHARING TRUST 
FUND. 
(a) CREATION OF TRUST FUND.—There is established in the Treasury 
of the United States a trust fund to be known as the "Deep Seabed 
Revenue Sharing Trust Fund" (hereinafter in this section referred to 
as the "Trust Fund"), consisting of such amounts as may be appropri-
ated or credited to the Trust Fund as provided in this section. 
(b) TRANSFER TO TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN 
TAXES.— 
(1) IN GENERAL.—There are hereby appropriated to the Trust 
Fund amounts determined by the Secretary of the Treasury to be 
PUBLIC LAW 96-283—JUNE 28, 1980 
94 STAT. 585 
equivalent to the amounts of the taxes received in the Treasury 
under section 4495 of the Internal Revenue Code of 1954. 
Ante, p. 582. 
(2) METHOD OF TRANSFER.—The amounts appropriated by para-
graph (1) shall be transferred at least quarterly from the general 
fund of the Treasury to the Trust Fund on the basis of estimates 
made by the Secretary of the Treasury of the amounts referred to 
in paragraph (1) received in the Treasury. Proper adjustments 
shall be made in the amounts subsequently transferred to the 
extent prior estimates were in excess of or less than the amount 
required to be transferred. 
(c) MANAGEMENT OF TRUST FUND.— 
(1) REPORT.—It shall be the duty of the Secretary of the 
Treasury to hold the Trust Fund, and to report to the Congress 
for the fiscal year ending September 30, 1980, and each fiscal 
year thereafter on the financial condition and the results of the 
operations of the Trust Fund during the preceding year and on 
its expected condition and operations during the fiscal year and 
the next five fiscal years after the fiscal year. Such report shall Printing as 
be printed as a House document of the session of the Congress to ^0° y^j^gnt 
which the report is made. 
(2) INVESTMENT.— 
(A) IN GENERAL.—It shall be the duty of the Secretary of 
the Treasury to invest such portion of the Trust Fund as is 
not, in his judgment, required to meet current withdrawals. 
Such investments may be made only in interest-bearing 
obligations of the United States. For such purpose, such 
obligations may be acquired (i) on original issue at the issue 
price, or (ii) by purchase of outstanding obligations at the 
market price. 
(B) SALE OF OBUGATIONS.—Any obligation acquired by the 
Trust Fund may be sold by the Secretary at the market 
price. 
(C) INTEREST ON CERTAIN PROCEEDS.—The interest on, and 
the proceeds from the sale or redemption of, any obligations 
held in the Trust Fund shall be credited to and form a part of 
the Trust Fund. 
(d) EXPENDITURES FROM TRUST FUND.—If an international deep 
seabed treaty is ratified by and in effect with respect to the United 
States on or before the date ten years after the date of the enactment 
of this Act, amounts in the Trust Fund shall be available, as provided 
by appropriations Acts, for making contributions required under 
such treaty for purposes of the sharing among nations of the revenues 
from deep seabed mining. Nothing in this subsection shall be deemed 
to authorize any program or other activity not otherwise authorized 
by law. 
(e) USE OF FUNDS.—If an international deep seabed treaty is not in 
effect with respect to the United States on or before the date ten years 
after the date of the enactment of this Act, amounts in the Trust 
Fund shall be available for such purposes as Congress may hereafter 
provide by law. 
(0 INTERNATIONAL DEEP SEABED TREATY.—For purposes of this 
section, the term "international deep seabed treaty" has the meaning 
given to such term by section 4498(b) of the Internal Revenue Code of 
1954. 
Ante, p. 584. 
94 STAT. 586 
PUBLIC LAW 96-283—JUNE 28, 1980 
30 use 1473 
SEC. 404. ACT NOT TO AFFECT TAX OR CUSTOMS OR TARIFF TREATMENT 
OF DEEP SEABED MINING. 
Except as otherwise provided in section 402, nothing in this Act 
shall affect the application of the Internal Revenue Code of 1954. 
Nothing in this Act shall affect the application of the customs or 
tariff laws of 
the United States. 
Approved June 28, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-411, Pt. I (Comm. on Interior and Insular Affairs), Pt. 2 
(Comm. on Merchant Marine and Fisheries), Pt. 3 (Comm. on 
Ways and Means), and Pt. IV (Comm. on Foreign Affairs). 
SENATE REPORTS: No. 96-307 (Comm. on Energy and Natural Resources; Comm. on 
Commerce, Science, and Transportation; and Comm. on Foreign 
Relations), No. 96-357 (Comm. on Finance), and No. 96-360 
(Comm. on Environment and Public Works), all accompanying 
S. 493. 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 14, S. 493 considered and passed Senate. 
Vol. 126 (1980): June 9, H.R. 2759 considered and passed House. 
June 23, considered and passed Senate, amended. 
June 25, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 27 (1980): July 3, Presidential statement.