1 2 3 4 5 6 7 8 9 10 11 12 11 deep seabed, if such taking does not significantly alter the surface or subsurface of the deep seabed; (3) the design, construction, or testing of equipment and facilities which will or may be used for exploration or commercial recovery, if such design, construction, or testing (i) is conducted on shore, or (ii) does not involve the recovery of any hard mineral resource; and (4) the furnishing of machinery, products, supplies, services, or materials for any exploration or commercial recovery activity engaged in by a licensee or permittee. (b) EXISTING EXPLORATION.-Subsection (a) (1) 13 (A) shall not be deemed to prohibit any United States 14 citizen who is engaged in exploration before the effective 15 date of this Act from continuing to engage in such explora16 tion 225 (1) if such citizen applies for a license under section 103 (a) with respect to such exploration within such reasonable period of time after the date on which initial regulations to implement section 103 (a) are issued as the Secretary shall prescribe; and (2) until such license is issued to such citizen or a final administrative or judicial determination is made affirming the denial of the application for such license. 25 The timely filing of any application for a license under para 12 1 graph (1) shall entitle the applicant to priority of right for 2 the issuance of such license under section 103 (b). In any 3 case in which more than one application referred to in para 4 graph (1) is filed with respect to all or part of the same 5 area of the deep seabed, the Secretary shall, in taking action 6 on such applications, apply principles of equity based on the 7 date on which the applicants commenced exploration activi8 ties and the amount of funds each applicant has expended on such activities with respect to the area. 9 10 (c) INTERFERENCE.-No United States citizen may 11 interfere with any activity conducted by any licensee or 12 permittee which is authorized to be undertaken pursuant to 13 the license or permit. 14 15 16 LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL RECOVERY SEC. 102. (a) AUTHORITY TO ISSUE.-Subject to the 17 provisions of this Act, the Secretary is authorized to issue 18 licenses for exploration and permits for commercial recovery. 19 (b) NATURE OF LICENSE AND PERMITS.-(1) A 20 license or permit issued under this Act shall authorize the 21 holder thereof to engage in exploration or commercial re22 covery, as the case may be, consistent with the provisions 23 of this Act, the regulations issued by the Secretary to imple24 ment the provisions of this Act, and the specific terms, con 13 1 2 3 4 5 6 ditions, and restrictions applied to the license or permit by the Secretary. (2) Any license or permit issued under this Act shall be exclusive with respect to the holder thereof as against any other United States citizen or any citizen, national, or gov- 7ing under the laws of, any reciprocating state. (c) RESTRICTIONS.-(1) The Secretary may not issue (A) any license or permit after the date on which an international agreement pertaining to exploration and commercial recovery enters into force with respect to the United States, except to the extent that issuance of such license or permit is authorized by such agreement; (B) a permit authorizing commercial recovery within any area of the deep seabed to other than the licensee who holds a license which applies to such area; (C) any permit which authorizes commercial recovery before January 1, 1980; (D) any license for exploration of, or any permit for commercial recovery within, any area of the deep seabed to an applicant if, within the three-year period before the date of application for such license or permit, (i) the applicant therefor surrendered or relinquished 1 2 3 4 5 6 བ 7 8 9 10 11 12 14 such area under a previous license or permit issued to him, or (ii) a license or permit previously issued to the applicant applied to such area and such license or permit was revoked under section 106; or (E) any license for exploration of, or permit for commercial recovery within, any area of the deep seabed which is covered by any pending application for a license or a permit to which priority of right for issuance applies under section 103 (b); to which any existing license or permit applies; or to which any license, permit, or equivalent authorization issued by a reciprocating state applies. 13 (2) No permittee may use any vessel for the actual 14 commercial recovery, processing at sea, or transportation of 15 hard mineral resources unless the vessel is documented under 16 the laws of the United States. 17 (3) A permittee shall process hard mineral resources 18 recovered by him pursuant to a permit only at places located 19 in the United States or aboard vessels documented under the 20 laws of the United States: Provided, That the Secretary may 21 allow the processing of any such resource aboard a foreign 22 vessel or at a place other than in the United States if he 23 finds, after opportunity for an agency hearing, that— 24 25 (A) the processing of the quantity concerned of the resource at a foreign location or aboard a foreign 15 10 vessel is necessary for the economic viability of the commercial recovery activities of the permittee; and (B) satisfactory assurances have been given by the permittee that such resource, after processing, will be returned to the United States for domestic use, if the Secretary so requires after determining that the national interest necessitates such return. PERMIT AND LICENSE APPLICATIONS, REVIEW, AND APPROVAL SEC. 103. (a) APPLICATIONS.-(1) Any United 11 States citizen may apply to the Secretary for a license and 12 any licensee may apply to the Secretary for a permit. 13 (2) Applications for licenses and permits shall be made 14 in such form and manner as the Secretary shall by regulations 15 prescribe, and shall contain such relevant financial, technical, 16 environmental, and other information, as the Secretary, in 17 such regulations, may require as being necessary or appropri18 ate to make the determinations pursuant to subsection (c) 19 and other provisions of this Act for issuance of licenses and 20 permits. 21 (b) PRIORITY OF RIGHT FOR ISSUANCE.-Subject to 22 section 101 (b), priority of right for the issuance of licenses 23 to applicants shall be established on the basis of the chrono24 logical order in which license applications which are in sub25 stantial compliance with the requirements established under |