30 • Marine Minerals: Exploring Our New Ocean Frontier 



An ad hoc working group consisting of represent- 

 atives of the marine minerals industry, environ- 

 mental groups, coastal States, and academicians 

 was formed in 1986 to develop a conceptual frame- 

 work for managing marine minerals in the EEZ. 

 After several meetings, the members reached a con- 

 sensus that the Outer Continental Shelf Lands Act 

 was unsuitable for administering a seabed hard 

 minerals exploration and development program, 

 and that new "stand-alone" legislation is needed 

 to replace the oil- and gas-oriented OCSLA.^° The 

 working group recommended that the authorizing 

 legislation should: 



1. use the Deep Seabed Hard Minerals Re- 

 sources Act (Public Law 96-283) mining pro- 

 visions and its regime for public participation 

 and multiple-use conflict resolution as a model 

 for new EEZ seabed mining legislation; 



2. provide for a comprehensive and systematic 

 research plan including bathymetric charting, 

 mineral reconnaissance, and environmental 

 baseline studies; 



3 . require wide public dissemination of data but 

 protect confidential information; 



4. provide incentives for private industry to col- 

 lect and contribute to the resource informa- 

 tion base; 



5. apply legislation to all areas within the U.S. 

 EEZ and the territories consistent with U.S. 

 authority and obligations; and 



6. provide for effective Federal/State/local con- 

 sultation. 



Legislation was introduced in both the 99th and 

 100th Congresses to establish a regime for explor- 

 ing and developing hard minerals in the EEZ.^' 

 H.R. 1260, The National Seabed Hard Minerals 



merged Lands Act and incorporated into the Outer Continental Shelf 

 Land Act (Sec. 6[e]) limits the applicability of OCSLA to the waters 

 off "any State of the Union." This definition contrasts with other 

 laws that specify Congress' intent to extend their effect to the territo- 

 ries as well. 



'"Clifton Curtis, President, Oceanic Society, Memorandum, Apr. 

 1, 1986, to Ann Dore McLaughlin, Undersecretary of the Interior. 



='H.R. 1260, National Seabed Hard Minerals Act, 100th Cong., 

 1st sess., Feb. 25, 1987; H.R. 5464, 99th Cong., Sponsor: Lowry 

 et al. Another bill would impose a temporary moratorium on seabed 

 mining in the Gorda Ridge, H.R. 787, Ocean Mineral Resources 

 Development Act, 100th Cong., 1st sess., Jan. 28, 1987, Sponsor: 

 Bosco. 



Act of 1987, includes many of the suggestions by 

 the ad hoc working group. 



According to DOI, MMS's proposed rules for 

 prelease prospecting of marine minerals is a first 

 step toward providing access for private industry 

 to obtain geologic and geophysical information 

 about the EEZ (box 1-C). With the likelihood that 

 development of EEZ minerals will not take place 

 any time soon, the promulgation of acceptable pre- 

 lease prospecting rules under OCSLA may be suffi- 

 cient to allow preliminary prospecting by the in- 

 dustry while Congress formulates and enacts EEZ 

 seabed mining legislation that overcomes the defi- 

 ciencies of OCSLA. 



Congressional Options 



Option 1: Enact "stand-alone" legislation for 

 exploring and developing minerals in the 

 U.S. EEZ patterned after the Deep 

 Seabed Hard Minerals Resources Act. 



Congressional Action: Enact new legislation. 



Option 2: Amend the Outer Continental Shelf 

 Lands Act by adding a new title to ap- 

 ply exclusively to marine hard minerals 

 in the EEZ. 



Congressional Action: Amend the Outer Con- 

 tinental Shelf Lands Act. 



Option 3: Amend the Outer Continental Shelf 

 Lands Act to extend its application to 

 U.S. territories and possessions. Section 

 8(k) could either be amended to provide 

 guidelines for marine hard mineral leas- 

 ing or be allowed to remain in its present 

 form. The Outer Continental Shelf also 

 might be redefined so as to be identical 

 to the Exclusive Economic Zone. 



Congressional Action: Amend the Outer Con- 

 tinental Shelf Lands Act. 



Option 4: Permit the Minerals Management 

 Service to continue to develop a regula- 

 tory system based on its authority under 

 the Outer Continental Shelf Lands Act, 

 biit amend Section 8(k) to provide more 

 specific guidance for administration, 

 planning, and coordination. 



