[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR970.301]

[Page 316-317]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 970--DEEP SEABED MINING REGULATIONS FOR EXPLORATION LICENSES--Table of Contents
 
 Subpart C--Procedures for Applications Based on Exploration Commenced 
    Before June 28, 1980; Resolution of Conflicts Among Overlapping 
               Applications; Applications by New Entrants
 
Sec. 970.301  Requirements for applications based on pre-enactment exploration.

    (a) Pursuant to section 101(b) of the Act, any United States citizen 
who was engaged in exploration before the effective date of the Act 
(June 28, 1980) qualifies as a pre-enactment explorer and may continue 
to engage in such exploration without a license:
    (1) If such citizen applies under this part for a license with 
respect to such exploration within the time period specified in 
paragraph (b) of this section; and
    (2) 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.
    (b) Any application for a license based upon pre-enactment 
exploration must be filed, at the address specified in Sec. 970.200(b), 
no later than 5:00 p.m. EST on March 12, 1982 (or such later date and 
time as the Administrator

[[Page 317]]

may announce by regulation). All such applications filed at or before 
that time will be deemed to be filed on such closing date.
    (c) Applications not filed in accordance with this section will not 
be considered to be based on pre-enactment exploration, and may be filed 
only as new entrant applications under Sec. 970.303.
    (d) To receive a pre-enactment explore priority of right for 
issuance of a license, and application must be, when filed, in 
substantial compliance with requirements described in Sec. 970.209(b). 
An application which is in substantial but not full compliance will not 
lose its priority of right if it is brought into full compliance 
according to Sec. 970.210.
    (e) Any application based on pre-enactment exploration must be for a 
reasonably compact area with respect to which the applicant is a pre-
enactment explorer, and, notwithstanding any part of Sec. 970.601 which 
indicates otherwise, such area must be bounded by a single continuous 
boundary.
    (f) The coordinates and any chart of the logical mining unit applied 
for in an application based on a pre-enactment exploration must be 
submitted in a separate, sealed envelope.
    (g) On or before March 12, 1982, the applicants must indicate to the 
Administrator, other than in the sealed portion of the application:
    (1) The size of the area applied for;
    (2) Whether the applicant or any person on the applicant's behalf 
has applied, or intends to apply, for the same area or substantially the 
same area to one or more nations, and the number of such other 
applications; and
    (3) Whether the other applicant is pursuing the ``banking'' option 
under Sec. 970.601(d), and the number of applications filed, or to be 
filed, in pursuit of the ``banking'' option.