---
kind: "range"
citation: "15 C.F.R. §§ 971.403–971.408"
title: "15"
from: "971.403"
to: "971.408"
count: 6
url: "https://uscodex.org/cfr/15/971.403..971.408"
---

# §971.403. Freedom of the high seas.

- (a) Before issuing or transferring a commercial recovery permit, the Administrator must find the recovery proposed in the application will not unreasonably interfere with the exercise of the freedoms of the high seas by other nations, as recognized under general principles of international law.
- (b) In making this finding, the Administrator will recognize that commercial recovery of hard mineral resources of the deep seabed is a freedom of the high seas. In the exercise of this right, each permittee shall act with reasonable regard for the interests of other nations in their exercise of the freedoms of the high seas.
- (c)
  - (1) In the event of a conflict between the commercial recovery program of an applicant or permittee and a competing use of the high seas by another nation or its nationals, the Administrator, in consultation and cooperation with the Department of State and other interested agencies, will enter into negotiations with that nation to resolve the conflict. To the maximum extent possible the Administrator will endeavor to resolve the conflict in a manner that will allow both uses to take place such that neither will unreasonably interfere with the other.
  - (2) If both uses cannot be conducted harmoniously in the area subject to the recovery plan, the Administrator will decide whether to issue or transfer the permit.

# §971.404. International obligations of the United States.


Before issuing or transferring a commercial recovery permit, the Administrator must find that the commercial recovery proposed in the application 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.


# §971.405. Breach of international peace and security involving armed conflict.


Before issuing or transferring a commercial recovery permit, the Administrator must find that the recovery proposed in the application will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict.


# §971.406. Environmental effects.


Before issuing or transferring a commercial recovery permit, the Administrator must find that the commercial recovery proposed in the application cannot reasonably be expected to result in a significant adverse environmental effect, taking into account the analyses and information in any applicable EIS and any TCRs associated with the permit. This finding also will be based upon the requirements in subpart F. However, as also noted in [subpart F](/cfr/15/subpartF.md), if a determination on this question cannot be made on the basis of available information, and it is found that irreparable harm will not occur during a period when an approved monitoring program is undertaken to further examine the significant adverse environmental effect issue, a permit may be granted, subject to modification or suspension and, if necessary and appropriate, revocation pursuant to [§ 971.417(a)](/cfr/15/971.417.md?p=a), or subject to emergency suspension pursuant to [§ 971.417(h)](/cfr/15/971.417.md?p=h).


# §971.407. Safety at sea.


Before issuing or transferring a commercial recovery permit, the Administrator shall find that the commercial recovery proposed in the application shall not pose an inordinate threat to the safety of life and property at sea. This finding shall be based on the requirements in [§ 971.205](/cfr/15/971.205.md), or as applicable, [§ 971.214(d)(7)](/cfr/15/971.214.md?p=d-7), and [subpart G](/cfr/15/subpartG.md) of this part.


# §971.408. Processing outside the United States.

- (a) Before issuing or transferring a commercial recovery permit which authorizes processing outside the U.S., the Administrator must find, after the opportunity for an agency hearing required by [§ 971.212(b)](/cfr/15/971.212.md?p=b), that:
  - (1) The processing of the quantity concerned of hard mineral resource at a place other than within the United States is necessary for the economic viability of the commercial recovery activities of the permittee; and
  - (2) Satisfactory assurances have been given by the permittee that such resources, after processing, to the extent of the permittee's ownership therein, will be returned to the United States for domestic use, if the Administrator so requires after determining that the national interest necessitates such return.
- (b) At or after permit issuance the Administrator may determine, or revise a prior determination, that the national interest necessitates return to the U.S. of a specified amount of hard mineral resource recovered pursuant to the permit and authorized to be processed outside the United States. Considerations in making this determination may include:
  - (1) The national interest in an adequate supply of minerals;
  - (2) The foreign policy interests of the United States; and
  - (3) **The multi-national character of deep seabed mining operations.**
- (c) As appropriate, TCRs will incorporate provisions to implement the decision of the Administrator made pursuant to this section.
- (d) Environmental considerations of the proposed activity will be addressed in accordance with [§ 971.606(c)](/cfr/15/971.606.md?p=c).