[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR970.204]



[Page 315]

 

                  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.



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