30 U.S.C. § 1441

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 1441 - Declaration of Congressional intent

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 resources 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 subchapter I before such agreement enters into force with respect to the United States to continue their operations under terms, conditions, and restrictions 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 operations 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 international regulatory body, the structures and decisionmaking procedures of such body, the availability of impartial and effective procedures for the settlement of disputes, and any features that tend to discriminate against exploration and commercial recovery activities undertaken by United States citizens; and

(3) that this chapter 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.

30 U.S.C. § 1441

Pub. L. 96-283, title II, §201, June 28, 1980, 94 Stat. 575.

United States: "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 Commonwealth, territory, or possession of the United States; and
commercial recovery: "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 processed 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;
deep seabed: "deep seabed" means the seabed, and the subsoil thereof to a depth of ten 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;
exploration: "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 appropriate 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;
international agreement: "international agreement" means a comprehensive agreement concluded through negotiations at the Third United Nations 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;