30 U.S.C. § 1468

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 1468 - Regulations
(a) Proposed regulations

Not later than 270 days after June 28, 1980, the Administrator shall solicit the views of the agency heads referred to in section 1419(b) of this title and of interested persons, and issue, in accordance with section 553 of title 5, such proposed regulations as are required by or are necessary and appropriate to implement subchapters I and II and this subchapter. 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 1419(b) of this title 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, such regulations as are required by or are necessary and appropriate to implement subchapters I and II and this subchapter.

(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 1420 of this title, 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 chapter; except that any such amended regulations which provide for conservation of natural resources shall apply to exploration or commercial recovery conducted 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 subsection shall be made on the record after an opportunity for an agency hearing.

(d) Consistency

This chapter and the regulations issued under this chapter shall not be deemed to supersede any other Federal laws or treaties or regulations issued thereunder.

30 U.S.C. § 1468

Pub. L. 96-283, title III, §308, June 28, 1980, 94 Stat. 581.
Administrator
"Administrator" means the Administrator of the National Oceanic and Atmospheric Administration;
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;
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;
licensee
"licensee" means the holder of a license issued under subchapter I of this chapter to engage in exploration;
permittee
"permittee" means the holder of a permit issued under subchapter I of this chapter to engage in commercial recovery;