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30 U.S.C. § 1441Declaration of Congressional intent

submitted 46 years ago by Pub. L. 96-283 to r/title-30-MINERAL-LANDS-AND-MINING · 297 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress states that any international agreement joined by the United States should protect United States citizens' access to deep-seabed hard minerals and their existing investments and operations. The chapter is intended to be temporary until a relevant international agreement or treaty takes effect for the United States.

Congress intends: (1) any international agreement the United States joins should, along with other ocean goals, (A) give United States citizens assured, nondiscriminatory access to deep-seabed hard minerals on reasonable terms and (B) protect the rights of citizens who began exploration or commercial recovery under subchapter I before the agreement applies to the United States, allowing continuation on terms that do not impose significant new economic burdens that would make viable operations impossible; (2) whether an agreement meets these goals should be judged by all of its provisions, including the practical effect of discretionary powers given to an international regulator, that body's structure and decision process, available impartial and effective dispute procedures, and features that discriminate against United States exploration or recovery; and (3) this chapter should be transitional until (A) an agreement is adopted at the Third United Nations Conference on the Law of the Sea and takes effect for the United States, or (B) if that does not happen, a multilateral or other deep-seabed treaty is negotiated and takes effect for the United States.
the actual law source: uscode.house.gov ↗public domain

It is the intent of Congress—

(1)

that any international agreement to which the United States becomes a party should, in addition to promoting other national oceans objectives—

(A)

provide assured and nondiscriminatory access, under reasonable terms and conditions, to the hard mineral resources of the deep seabed for United States citizens, and

(B)

provide security of tenure by recognizing the rights of United States citizens who have undertaken exploration or commercial recovery under subchapter I before such agreement enters into force with respect to the United States to continue their operations under terms, conditions, and restrictions which do not impose significant new economic burdens upon such citizens with respect to such operations with the effect of preventing the continuation of such operations on a viable economic basis;

(2)

that the extent to which any such international agreement conforms to the provisions of paragraph (1) should be determined by the totality of the provisions of such agreement, including, but not limited to, the practical implications for the security of investments of any discretionary powers granted to an international regulatory body, the structures and decisionmaking procedures of such body, the availability of impartial and effective procedures for the settlement of disputes, and any features that tend to discriminate against exploration and commercial recovery activities undertaken by United States citizens; and

(3)

that this chapter should be transitional pending—

(A)

the adoption of an international agreement at the Third United Nations Conference on the Law of the Sea, and the entering into force of such agreement, or portions thereof, with respect to the United States, or

(B)

if such adoption is not forthcoming, the negotiation of a multilateral or other treaty concerning the deep seabed, and the entering into force of such treaty with respect to the United States.

Source credit: (Pub. L. 96–283, title II, § 201, June 28, 1980, 94 Stat. 575.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-283 · 94 Stat. 575

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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