30 U.S.C. § 1415 — License and permit terms, conditions, and restrictions; issuance and transfer of licenses and permits

submitted 46 years ago by Pub. L. 96-283 to r/title-30-MINERAL-LANDS-AND-MINING · 1,135 words · no verdicts yet

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The Administrator may issue or transfer an exploration license or commercial-recovery permit only after making specified written findings. The section sets the terms, objections, modifications, consultations, and review procedures for those licenses and permits.

(a) Before issuing or transferring an exploration license or commercial-recovery permit, the Administrator must consult the interested departments and agencies under section 1413(e), consider public comments, and make a written finding that the proposed activity: (1) will not unreasonably interfere with other states’ freedom of the high seas as recognized by general principles of international law; (2) will not conflict with a United States international obligation under a treaty or convention in force for the United States; (3) cannot reasonably be expected to create a situation leading to a breach of international peace and security involving armed conflict; (4) cannot reasonably be expected to significantly harm environmental quality, considering applicable environmental-impact statements under section 1419(c) or (d); and (5) will not create an excessive threat to life or property at sea. (b) (1) Within 180 days after an application is certified under section 1413(g), the Administrator must propose terms, conditions, and restrictions for the proposed activity. They must be consistent with this chapter and its regulations. If more time is needed, the Administrator must tell the applicant in writing why and give an approximate completion date. The Administrator must give the applicant a written statement of the proposal. Regulations must generally specify these terms, conditions, and restrictions and the criteria and standards for setting them. They must be uniform, unless different physical or environmental conditions require special provisions to conserve natural resources, protect the environment, or protect life and property at sea. (2) After preparing and considering the final environmental-impact statement under section 1419(d), and subject to this chapter, the Administrator must issue the license or permit with the terms, conditions, and restrictions included. (3) The licensee or permittee accepts every term, condition, and restriction unless, within 60 days after receiving the license or permit, it tells the Administrator which ones it contests. It may object because a provision conflicts with this chapter or its regulations, in addition to other objections allowed by law. After the Administrator’s final action on the objections, if a material factual dispute remains, the licensee or permittee is entitled to a decision on the record after an agency hearing under title 5, sections 556 and 557. That decision may be reviewed by a court under title 5, chapter 7. (c) (1) After issuing or transferring a license or permit, the Administrator may, after consulting interested agencies and the licensee or permittee, modify a term, condition, or restriction: (A) to prevent unreasonable interference with other states’ high-seas interests; (B) when relevant data, including data from activities under the license or permit, show that modification is needed to protect the environment or life and property at sea and the modification is consistent with section 1419(b) regulations; (C) to avoid a conflict with a United States international obligation identified in writing by the President; or (D) to avoid a situation that may reasonably lead to an armed breach of international peace and security, as identified in writing by the President. (2) During the license or permit term, the licensee or permittee may apply to revise the license, permit, exploration plan, or recovery plan. The Administrator must approve the application after making a written finding that the revision complies with this chapter and its regulations. (3) The Administrator must regulate guidelines for deciding how large or extensive a proposed modification or revision must be before some or all application requirements and procedures, including a public hearing, apply. Except for an incidental increase or change, expanding the size of, or changing the location of, an area covered by an exploration or recovery plan requires an application for another license or permit. (4) The objection and hearing procedures in subsection (b)(3) apply to a modification under this subsection as they would apply to an initial proposed term, condition, or restriction. (d) Before deciding to issue, transfer, modify, or renew a license or permit, the Administrator must consult any affected Regional Fishery Management Council established under title 16, section 1852, if the licensed activity could harm a fishery in the Fishery Conservation Zone or anadromous species or a Continental Shelf fishery resource that the United States exclusively manages beyond that zone.

the actual law source: uscode.house.gov ↗public domain

(a) Eligibility for issuance or transfer of license or permit

Before issuing or transferring a license for exploration or permit for commercial recovery, the Administrator must find in writing, after consultation with interested departments and agencies pursuant to section 1413(e) of this title, and upon considering public comments received with respect to the license or permit, that the exploration or commercial recovery proposed in the application—

(1)

will not unreasonably interfere with the exercise of the freedoms of the high seas by other states, as recognized under general principles of international law;

(2)

will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States;

(3)

will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict;

(4)

cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable environmental impact statement prepared pursuant to section 1419(c) or 1419(d) of this title; and

(5)

will not pose an inordinate threat to the safety of life and property at sea.

(b) Issuance and transfer of licenses and permits with terms, conditions, and restrictions

(1)

Within 180 days after certification of any application for the issuance or transfer of a license or permit under section 1413(g) of this title, the Administrator shall propose terms and conditions for, and restrictions on, the exploration or commercial recovery proposed in the application which are consistent with the provisions of this chapter and regulations issued under this chapter. If additional time is needed, the Administrator shall notify the applicant in writing of the reasons for the delay and indicate the approximate date on which the proposed terms, conditions, and restrictions will be completed. The Administrator shall provide to each applicant a written statement of the proposed terms, conditions, and restrictions. Such terms, conditions, and restrictions shall be generally specified in regulations with general criteria and standards to be used in establishing such terms, conditions, and restrictions for a license or permit and shall be uniform in all licenses or permits, except to the extent that differing physical and environmental conditions require the establishment of special terms, conditions, and restrictions for the conservation of natural resources, protection of the environment, or the safety of life and property at sea.

(2)

After preparation and consideration of the final environmental impact statement pursuant to section 1419(d) of this title on the proposed issuance of a license or permit and subject to the other provisions of this chapter, the Administrator shall issue to the applicant the license or permit with the terms, conditions, and restrictions incorporated therein.

(3)

The licensee or permittee to whom a license or permit is issued or transferred shall be deemed to have accepted the terms, conditions, and restrictions in the license or permit if the licensee or permittee does not notify the Administrator within 60 days after receipt of the license or permit of each term, condition, or restriction with which the licensee or permittee takes exception. The licensee or permittee may, in addition to such objections as may be raised under applicable provisions of law, object to any term, condition, or restriction on the ground that the term, condition, or restriction is inconsistent with this chapter or the regulations promulgated thereunder. If, after the Administrator takes final action on these objections, the licensee or permittee demonstrates that a dispute remains on a material issue of fact, the licensee or permittee is entitled to a decision on the record after the opportunity for an agency hearing pursuant to sections 556 and 557 of title 5. Any such decision made by the Administrator shall be subject to judicial review as provided in chapter 7 of title 5.

(1)

After the issuance or transfer of any license or permit under subsection (b), the Administrator, after consultation with interested agencies and the licensee or permittee, may modify any term, condition, or restriction in such license or permit—

(A)

to avoid unreasonable interference with the interests of other states in their exercise of the freedoms of the high seas, as recognized under general principles of international law;

(B)

if relevant data and other information (including, but not limited to, data resulting from exploration or commercial recovery activities under the license or permit) indicate that modification is required to protect the quality of the environment or to promote the safety of life and property at sea and if such modification is consistent with the regulations issued to carry out section 1419(b) of this title;

(C)

to avoid a conflict with any international obligation of the United States, established by any treaty or convention in force with respect to the United States, as determined in writing by the President; or

(D)

to avoid any situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict, as determined in writing by the President.

(2)

During the term of a license or a permit, the licensee or permittee may submit to the Administrator an application for a revision of the license or permit or the exploration plan or recovery plan associated with the license or permit. The Administrator shall approve such application upon a finding in writing that the revision will comply with the requirements of this chapter and the regulations issued under this chapter.

(3)

The Administrator shall establish, by regulation, guidelines for a determination of the scale or extent of a proposed modification or revision for which any or all license or permit application requirements and procedures, including a public hearing, shall apply. Any increase in the size of the area, or any change in the location of an area, to which an exploration plan or a recovery plan applies, except an incidental increase or change, must be made by application for another license or permit.

(4)

The procedures set forth in subsection (b)(3) of this section shall apply with respect to any modification under this subsection in the same manner, and to the same extent, as if such modification were an initial term, condition, or restriction proposed by the Administrator.

(d) Prior consultations

Prior to making a determination to issue, transfer, modify, or renew a license or permit under this section, the Administrator shall consult with any affected Regional Fishery Management Council established pursuant to section 1852 of title 16, if the activities undertaken pursuant to such license or permit could adversely affect any fishery within the Fishery Conservation Zone, or any anadromous species or Continental Shelf fishery resource subject to the exclusive management authority of the United States beyond such zone.

Source credit: (Pub. L. 96–283, title I, § 105, June 28, 1980, 94 Stat. 563; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

history & why it existsrecord from the source credit

1980Enacted · Pub. L. 96-283 · 94 Stat. 563
1980Amended · Pub. L. 96-561 · 94 Stat. 3300
1996Amended · Pub. L. 104-208 · 110 Stat. 3009, 3009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-283 on 1980-06-28.

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