---
kind: "section"
citation: "30 U.S.C. § 1428"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1428"
heading: "Reciprocating states"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1428"
units:
  - "Chapter 26 — Deep Seabed Hard Mineral Resources"
  - "Subchapter I — Regulation of Exploration and Commercial Recovery by United States Citizens"
---

# §1428. Reciprocating states

- (a) **Designation—** The [Administrator](/usc/30/1403.md?p=12), in consultation with the Secretary of State and the heads of other appropriate departments and agencies, may designate any foreign nation as a [reciprocating state](/usc/30/1403.md?p=11) if the Secretary of State finds that such foreign nation—
  - (1) regulates the conduct of its citizens and other [persons](/usc/30/1403.md?p=10) subject to its jurisdiction engaged in [exploration](/usc/30/1403.md?p=5) for, and [commercial recovery](/usc/30/1403.md?p=1) of, [hard mineral resources](/usc/30/1403.md?p=6) of the [deep seabed](/usc/30/1403.md?p=4) in a manner compatible with that provided in this chapter and the regulations issued under this chapter, which includes adequate measures for the protection of the environment, the conservation of natural resources, and the safety of life and property at sea, and includes effective enforcement provisions;
  - (2) recognizes licenses and permits issued under this subchapter to the extent that such nation, under its laws, (A) prohibits any [person](/usc/30/1403.md?p=10) from engaging in [exploration](/usc/30/1403.md?p=5) or [commercial recovery](/usc/30/1403.md?p=1) which conflicts with that authorized under any such license or permit and (B) complies with the date for issuance of licenses and the effective date for permits provided in [section 1412(c)(1)(D) of this title](/usc/30/1412.md?p=c-1-D);
  - (3) recognizes, under its procedures, priorities of right, consistent with those provided in this chapter and the regulations issued under this chapter, for applications for licenses for [exploration](/usc/30/1403.md?p=5) or permits for [commercial recovery](/usc/30/1403.md?p=1), which applications are made either under its procedures or under this chapter; and
  - (4) provides an interim legal framework for [exploration](/usc/30/1403.md?p=5) and [commercial recovery](/usc/30/1403.md?p=1) which does not unreasonably interfere with the interests of other states in their exercise of the freedoms of the high seas, as recognized under general principles of international law.
- (b) **Effect of designation—** No license or permit shall be issued under this subchapter permitting any [exploration](/usc/30/1403.md?p=5) or [commercial recovery](/usc/30/1403.md?p=1) which will conflict with any license, permit, or equivalent authorization issued by any foreign nation which is designated as a [reciprocating state](/usc/30/1403.md?p=11) under [subsection (a)](#a).
- (c) **Notification—** Upon receipt of any application for a license or permit under this subchapter, the [Administrator](/usc/30/1403.md?p=12) shall immediately notify all [reciprocating states](/usc/30/1403.md?p=11) of such application. The notification shall include those portions of the [exploration](/usc/30/1403.md?p=5) plan or recovery plan submitted with respect to the application, or a summary thereof, and any other appropriate information not required to be withheld from public disclosure by [section 1423(c) of this title](/usc/30/1423.md?p=c).
- (d) **Revocation of reciprocating state status—** The [Administrator](/usc/30/1403.md?p=12), in consultation with the Secretary of State and the heads of other appropriate departments and agencies, shall revoke the designation of a foreign nation as a [reciprocating state](/usc/30/1403.md?p=11) if the Secretary of State finds that such foreign nation no longer complies with the requirements of [subsection (a)](#a). At the request of any holder of a license, permit, or equivalent authorization of such foreign nation, who obtained the license, permit, or equivalent authorization while such foreign nation was a [reciprocating state](/usc/30/1403.md?p=11), the [Administrator](/usc/30/1403.md?p=12), in consultation with the Secretary of State, may decide to recognize the license, permit, or equivalent authorization for purposes of [subsection (b)](#b).
- (e) **Authorization—** The President is authorized to negotiate agreements with foreign nations necessary to implement this section.
- (f) **International consultations—** The [Administrator](/usc/30/1403.md?p=12), in consultation with the Secretary of State and the heads of other appropriate departments and agencies, shall consult with foreign nations which enact, or are preparing to enact, domestic legislation establishing an interim legal framework for [exploration](/usc/30/1403.md?p=5) and [commercial recovery](/usc/30/1403.md?p=1) of [hard mineral resources](/usc/30/1403.md?p=6). Such consultations shall be carried out with a view to facilitating the designation of such nations as [reciprocating states](/usc/30/1403.md?p=11) and, as necessary, the negotiation of agreements with foreign nations authorized by [subsection (e)](#e). In addition, the [Administrator](/usc/30/1403.md?p=12) shall provide such foreign nations with information on environmental impacts of [exploration](/usc/30/1403.md?p=5) and [commercial recovery](/usc/30/1403.md?p=1) activities, and shall provide any technical assistance requested in designing regulatory measures to protect the environment.

## Source credit

(Pub. L. 96–283, title I, § 118, June 28, 1980, 94 Stat. 574.)