[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR970.103]

[Page 312-313]
 
                  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 A_General
 
Sec. 970.103  Prohibited activities and restrictions.

    (a) Prohibited activities and exceptions. (1) Except as authorized 
under subpart C of this part, no United States citizen may engage in any 
exploration or commercial recovery unless authorized to do so under:
    (i) A license or a permit issued pursuant to the Act and 
implementing regulations;
    (ii) A license, permit, or equivalent authorization issued by a 
reciprocating state; or
    (iii) An international agreement which is in force with respect to 
the United States.
    (2) The prohibitions of paragraph (a)(1) of this section will not 
apply to any of the following activities:
    (i) Scientific research, including that concerning hard mineral 
resources;
    (ii) 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 significantly alter the surface 
or subsurface of the deep seabed or significantly affect the 
environment;
    (iii) The design, construction, or testing of equipment and 
facilities which will or may be used for exploration or commercial 
recovery, if such design, construction or testing is conducted on shore, 
or does not involve the recovery of any but incidental hard mineral 
resources;
    (iv) The furnishing of machinery, products, supplies, services, or 
materials for any exploration or commercial recovery conducted under a 
license or permit issued under the Act and implementing regulations, a 
license or permit or equivalent authorization issued by a reciprocating 
state, or under an international agreement; and
    (v) Activities, other than exploration or commercial recovery 
activities, of the Federal Government.
    (3) 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 Administrator to a licensee or permittee under the Act or with any 
activity conducted by

[[Page 313]]

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. For 
purposes of this section, interference includes physical interference 
with activities authorized by the Act, this part, and a license issued 
pursuant thereto; the filing of specious claims in the United States or 
any other nation; and any other activity designed to harass deep seabed 
mining activities authorized by law. Interference does not include the 
exercise of any rights granted to United States citizens by the 
Constitution of the United States, any Federal or State law, treaty, or 
agreement or regulation promulgated pursuant thereto.
    (4) United States citizens must 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.
    (b) Restrictions on issuance of licenses or permits. The 
Administrator will not issue:
    (1) Any license or permit after the date on which an international 
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;
    (2) Any license or permit the exploration plan or recovery plan of 
which, submitted pursuant to the Act and implementing regulations, would 
apply to an area to which applies, or would conflict with:
    (i) Any exploration plan or recovery plan submitted with any pending 
application to which priority of right for issuance applies under this 
part;
    (ii) Any exploration plan or recovery plan associated with any 
existing license or permit; or
    (iii) Any equivalent authorization 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 the Act and implementing 
regulations;
    (3) 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 a person other than the licensee for 
such area;
    (4) Any exploration license before July 1, 1981, or any permit which 
authorizes commercial recovery to commence before January 1, 1988;
    (5) 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 of the Act; or
    (6) A license or permit, or approve the transfer of a license or 
permit, except to a United States citizen.