[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: 15CFR971.408]



[Page 352-353]

 

                  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 353]]



    (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).