156 



In the absence of such an indication, coastal 

 nations may claim wider continental shelves 

 than would be consistent with U.S. interests 

 and thereby influence the ultimate location of 

 the shelf's boundary. 



The Commission recommends, therefore, 

 that the United States propose the prin- 

 ciple that no nation, in the interim, should 

 claim or exercise sovereignty or sovereign 

 rights over any part of the seabed or sub- 

 soil beyond the 200-meter isobath. 



However, the Commission recommends 

 also that the United States continue to 

 authorize exploration and exploitation of 

 the mineral resources of the seabed and 

 subsoil underlying the high seas beyond 

 the 200-meter isobath, provided such au- 

 thorization explicitly states that any such 

 exploration or exploitation shall be sub- 

 ject to the new international framework 

 agreed upon. 



No other policy will achieve the objective 

 of the Marine Resources and Engineering 

 Development Act to preserve "the role of the 

 United States as a leader in marine science 

 and resource development." 



The Commission recognizes the apparent 

 dilemma in the recommendation just made. 

 To proceed with exploration and exploita- 

 tion beyond the 200-meter isobath is to 

 run the risk that the operation may ulti- 

 mately find itself in an area beyond the rede- 

 fined continental shelf and perhaps gov- 

 erned by a less favorable framework than 

 now applies on the outer continental shelf. 

 But if private enterprise should avoid the 

 risk by failing to explore and exploit beyond 

 the 200-meter isobath, U.S. objectives would 

 not be met. 



If the framework the Commission recom- 



mends is eventually adopted, private enter- 

 prise would actually run little risk by pro- 

 ceeding with sucJi exploration and exploita- 

 tion. But there is no guarantee that the Com- 

 mission's recommendations will be adopted, 

 and a means of protecting private enterprise 

 against undue loss is therefore necessary. 



The Commission recommends that the 

 Congress enact legislation to compensate 

 private enterprise for loss of investment 

 or expenses occasioned by any new inter- 

 national framework that redefines the 

 continental shelf so as to put the area in 

 which it is engaged in mineral resources 

 development beyond the shelFs outer 

 limits. 



The scope of the Outer Continental Shelf 

 Lands Act is as uncertain as the existing de- 

 finition of the continental shelf. It is impor- 

 tant, however, that entrepreneurs should 

 Imow when they must seek the Government's 

 permission to engage in exploration and ex- 

 ploitation of subsea minerals. It is equally 

 important that the United States have ade- 

 quate control over the evolving situation un- 

 til a new framework is adopted. 



The Commission recommends that the 

 Outer Continental Shelf Lands Act be 

 amended to require permission from the 

 Secretary of the Interior to engage in 

 mineral resource exploration or exploita- 

 tion in any subsea area beyond the 200- 

 meter isobath upon such terms and condi- 

 tions as the Secretary deems appropriate. 

 The amendment should make clear that 

 this requirement is not intended to con- 

 stitute a U.S. claim to exercise sovereignty 

 or sovereign rights over any subsea area 

 beyond the 200-meter isobath. 



