[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: 15CFR970.204]

[Page 316]
 
                  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 B_Applications
 
Sec. 970.204  Environmental and use conflict analysis.

    (a) Environmental information. To enable NOAA to implement better 
its responsibility under section 109(d) of the Act to develop an 
environmental impact statement (EIS) on the issuance of an exploration 
license, the application must include information for use in preparing 
NOAA's EIS on the environmental impacts of the activities proposed by 
the applicant. The applicant must present physical, chemical and 
biological information for the exploration area. This information should 
include relevant environmental information, if any, obtained during past 
exploration activities, but need not duplicate information obtained 
during NOAA's DOMES Project. Planned activities in the area, including 
the testing of integrated mining systems which simulate commercial 
recovery, also must be described. NOAA will need information with the 
application on location and boundaries of the proposed exploration area, 
and plans for delineation of features of the exploration area including 
baseline data or plans for acquiring them. The applicant may at his 
option delay submission of baseline and equipment data and system test 
plans. However, applicants so electing should plan to submit this latter 
information at least one year prior to the initial test, to allow time 
for the supplement to the site-specific EIS, if one is required, to be 
prepared by NOAA, circulated, reviewed and filed with EPA. The 
submission of this information with the application is strongly 
encouraged, however, to minimize the possibility that a supplement will 
be required. If such latter information is submitted subsequent to the 
original application such tests may not be undertaken in the absence of 
concurrence by NOAA (which, if applicable, will be required in a term, 
condition, or restriction in the license). NOAA has developed a 
technical guidance document which will provide assistance for the agency 
and the applicant, in consultation, to identify the details on 
information needed in each case. NOAA may refer to such information for 
purposes of other determinations under the Act as well. NOAA also will 
seek to facilitate other Federal and, as necessary, state decisions on 
exploration activities by functioning as lead agency for the EIS on the 
application and related actions by other agencies, including those 
pertaining to any onshore impacts which may result from the proposed 
exploration activities.
    (b) Use conflict information. To assist the Administrator in making 
determinations relating to potential use conflicts between the proposed 
exploration and other activities in the exploration area, pursuant to 
Sec. Sec. 970.503, 970.505, and 970.520, the application must include 
information known to the applicant with respect to such other 
activities.

[[Page 317]]