95TH CONGRESS 1ST SESSION S. 2053 IN THE SENATE OF THE UNITED STATES AUGUST 5 (legislative day, JULY 19), 1977 Mr. METCALF introduced the following bill; which was read twice and referred to the Committees on Commerce, Science, and Transportation and Energy and Natural Resources jointly by unanimous consent A BILL To promote the orderly and environmentally sound exploration for and commercial recovery of hard mineral resources of the deep seabed, pending adoption of an international regime relating thereto. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Deep Seabed Mineral 4 Resources Act". 5 6 7 9 FINDINGS AND PURPOSES SEC. 2. (a) FINDINGS.-The Congress finds that— (1) the United States requirements for hard minerals to satisfy national industrial and security needs will continue to expand and that the demand for such min II 2 1 2 erals will increasingly exceed the available domestic sources of supply; (2) the United States is dependent upon foreign sources of supply for certain hard minerals and that the acquisition of such minerals from foreign sources is a significant adverse factor in the national balance-of-payments position; (3) the present and future national security and economic interests of the United States require the availability of hard mineral resources which are independent of the export policies of foreign nations; (4) an alternate source of supply of certain hard minerals significant in relation to national needs, includ ing nickel, copper, cobalt, and manganese, is contained in the nodules which are found in great abundance on the deep seabed; (5) major deposits of such nodules have been proven to exist in areas of the deep seabed which are seaward of the limits of national resource jurisdiction recognized by international law; (6) various mining companies are engaged in developing the technology necessary for the commercial recovery and processing of such nodules; (7) given the necessary investment climate, United States mining companies are prepared to undertake pro 3 grams for the commercial recovery and processing of the hard mineral resources from the deep seabed; (8) it is in the national interest to establish a program to encourage the exploration and commercial re covery activities of United States citizens and that such activities be regulated in a manner to protect the quality of the environment; (9) the United States supported (by affirmative vote in the General Assembly) United Nations General Assembly Resolution 2749 (xxv) declaring the principle that the mineral resources of the deep seabed are the common heritage of mankind, but recognized, how ever, that this principle would be legally defined under the terms of a comprehensive international Law of the Sea Treaty to be agreed upon in the future; (10) since the parties negotiating a comprehensive international Law of the Sea Treaty have been unable to reach a final agreement, and since their failure to reach agreement may retard the development of the technology necessary to commercially recover and proc-. ess the hard mineral resources of the deep seabed, interim domestic legislation is required to encourage the development of such technology; and (11) commercial recovery of hard mineral resources from the deep seabed is a freedom of the high seas, sub 4 1 2 3 4 ject to a duty of reasonable regard to the interests of other states in their exercise of that and other freedoms recognized by the general principles of international law. (b) PURPOSES.-The Congress declares that the pur5 poses of this Act are 6 7 8 9 10 11 121 13 14 15 16 37 18 19 20 21 22 23 (1) to establish an interim program to encourage and regulate the exploration for and commercial recovery of hard mineral resources of the deep seabed by United States citizens, pending the entering into force with respect to the United States of a superseding international agreement concerning such activities; (2) to insure that the exploration for and commercial recovery of hard mineral resources of the deep seabed are conducted in a manner which will protect the quality of the marine environment; and (3) to encourage the successful negotiation of a comprehensive international Law of the Sea Treaty which will give legal definition to the principle that the mineral resources of the deep seabed are the com mon heritage of mankind and which will adequately protect the interests of the United States. TRANSITIONAL NATURE OF ACT SEC. 3. (a) SENSE OF CONGRESS.-It is the sense of 24 the Congress that this Act shall be considered to be transi25 tional in nature, pending 1 2 3 4 5 6 བ 7 8 5 (1) agreement on an international treaty being reached at the United Nations Conference on the Law of the Sea and such treaty entering into force with respect to United States citizens; or (2) if such agreement is not forthcoming, the con clusion of a multilateral treaty or other international agreements concerning the deep seabed which enter into force with respect to United States citizens. 9 (b) REPORT OF SECRETARY OF STATE.-On or before 10 October 31 of each year after 1977 in which no agreement 11 or conclusion referred to in subsection (a) is reached, the 12 Secretary of State shall report to the Congress on the prog13 ress, if any, toward such agreement or conclusion and advise 14 the Congress as to any amendments to this Act which he 15 believes would be of assistance in reaching such agreement 16 or conclusion. 17 18 EFFECTIVE DATE OF ACT SEC. 4. (a) IN GENERAL.-Except for this section and 19 sections 109 (a) and (c), 401 (a), 403 (a) and (c), 20 and 404, the effective date of this Act, in the absence of a 21 prior Executive order issued in accordance with subsection 22 (b), shall be January 1, 1980. The effective date of this 23 section and sections 109 (a) and (c), 401 (a), 403 (a) 24 and (c), and section 404 is the date of enactment of this Act. (b) ESTABLISHMENT OF EARLIER DATE.-(1) The 25 |