[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: 15CFR971.408]

[Page 353-354]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 971_DEEP SEABED MINING REGULATIONS FOR COMMERCIAL RECOVERY PERMITS--Table 
of Contents
 
     Subpart D_Issuance/Transfer: Terms, Conditions and Restrictions
 
Sec. 971.408  Processing outside the United States.

    (a) Before issuing or transferring a commercial recovery permit 
which authorizes processing outside the U.S., the Administrator must 
find, after the opportunity for an agency hearing required by Sec. 
971.212(b), that:
    (1) The processing of the quantity concerned of hard mineral 
resource at a place other than within the United States is necessary for 
the economic viability of the commercial recovery activities of the 
permittee; and
    (2) Satisfactory assurances have been given by the permittee that 
such resources, after processing, to the extent of the permittee's 
ownership therein, will be returned to the United States for domestic 
use, if the Administrator so requires after determining that the 
national interest necessitates such return.

[[Page 354]]

    (b) At or after permit issuance the Administrator may determine, or 
revise a prior determination, that the national interest necessitates 
return to the U.S. of a specified amount of hard mineral resource 
recovered pursuant to the permit and authorized to be processed outside 
the United States. Considerations in making this determination may 
include:
    (1) The national interest in an adequate supply of minerals;
    (2) The foreign policy interests of the United States; and
    (3) The multi-national character of deep seabed mining operations.
    (c) As appropriate, TCRs will incorporate provisions to implement 
the decision of the Administrator made pursuant to this section.
    (d) Environmental considerations of the proposed activity will be 
addressed in accordance with Sec. 971.606(c).