[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: 15CFR970.301]



[Page 319-320]

 

                  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 320]]



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.