30 U.S.C. § 1401 : US Code - Section 1401: Congressional findings and declaration of purpose

Search 30 U.S.C. § 1401 : US Code - Section 1401: Congressional findings and declaration of purpose

(a) Findings
The Congress finds that -
(1) the United States' requirements for hard minerals to
satisfy national industrial needs will continue to expand and the
demand for such minerals will increasingly exceed the available
domestic sources of supply;
(2) in the case of certain hard minerals, the United States is
dependent upon foreign sources of supply and the acquisition of
such minerals from foreign sources is a significant factor in the
national balance-of-payments position;
(3) the present and future national interest of the United
States requires the availability of hard mineral resources which
is independent of the export policies of foreign nations;
(4) there is an alternate source of supply, which is
significant in relation to national needs, of certain hard
minerals, including nickel, copper, cobalt, and manganese,
contained in the nodules existing in great abundance on the deep
seabed;
(5) the nations of the world, including the United States, will
benefit if the hard mineral resources of the deep seabed beyond
limits of national jurisdiction can be developed and made
available for their use;
(6) in particular, future access to the nickel, copper, cobalt,
and manganese resources of the deep seabed will be important to
the industrial needs of the nations of the world, both developed
and developing;
(7) on December 17, 1970, the United States supported (by
affirmative vote) the United Nations General Assembly Resolution
2749 (XXV) declaring inter alia the principle that the mineral
resources of the deep seabed are the common heritage of mankind,
with the expectation that this principle would be legally defined
under the terms of a comprehensive international Law of the Sea
Treaty yet to be agreed upon;
(8) it is in the national interest of the United States and
other nations to encourage a widely acceptable Law of the Sea
Treaty, which will provide a new legal order for the oceans
covering a broad range of ocean interests, including exploration
for and commercial recovery of hard mineral resources of the deep
seabed;
(9) the negotiations to conclude such a Treaty and establish
the international regime governing the exercise of rights over,
and exploration of, the resources of the deep seabed, referred to
in General Assembly Resolution 2749 (XXV) are in progress but may
not be concluded in the near future;
(10) even if such negotiations are completed promptly, much
time will elapse before such an international regime is
established and in operation;
(11) development of technology required for the exploration and
recovery of hard mineral resources of the deep seabed will
require substantial investment for many years before commercial
production can occur, and must proceed at this time if deep
seabed minerals are to be available when needed;
(12) it is the legal opinion of the United States that
exploration for and commercial recovery of hard mineral resources
of the deep seabed are freedoms of the high seas subject to a
duty of reasonable regard to the interests of other states in
their exercise of those and other freedoms recognized by general
principles of international law;
(13) pending a Law of the Sea Treaty, and in the absence of
agreement among states on applicable principles of international
law, the uncertainty among potential investors as to the future
legal regime is likely to discourage or prevent the investments
necessary to develop deep seabed mining technology;
(14) pending a Law of the Sea Treaty, the protection of the
marine environment from damage caused by exploration or recovery
of hard mineral resources of the deep seabed depends upon the
enactment of suitable interim national legislation;
(15) a Law of the Sea Treaty is likely to establish financial
arrangements which obligate the United States or United States
citizens to make payments to an international organization with
respect to exploration or recovery of the hard mineral resources
of the deep seabed; and
(16) legislation is required to establish an interim legal
regime under which technology can be developed and the
exploration and recovery of the hard mineral resources of the
deep seabed can take place until such time as a Law of the Sea
Treaty enters into force with respect to the United States.
(b) Purposes
The Congress declares that the purposes of this chapter are -
(1) to encourage the successful conclusion of a comprehensive
Law of the Sea Treaty, which will give legal definition to the
principle that the hard mineral resources of the deep seabed are
the common heritage of mankind and which will assure, among other
things, nondiscriminatory access to such resources for all
nations;
(2) pending the ratification by, and entering into force with
respect to, the United States of such a Treaty, to provide for
the establishment of an international revenue-sharing fund the
proceeds of which shall be used for sharing with the
international community pursuant to such Treaty;
(3) to establish, pending the ratification by, and entering
into force with respect to, the United States of such a Treaty,
an interim program to regulate the exploration for and commercial
recovery of hard mineral resources of the deep seabed by United
States citizens;
(4) to accelerate the program of environmental assessment of
exploration for and commercial recovery of hard mineral resources
of the deep seabed and assure that such exploration and recovery
activities are conducted in a manner which will encourage the
conservation of such resources, protect the quality of the
environment, and promote the safety of life and property at sea;
and
(5) to encourage the continued development of technology
necessary to recover the hard mineral resources of the deep
seabed.