Ch. 1— Summary, Issues, and Options • 31 



Box 1-C. — Prelease Prospecting for Marine Mining Minerals in the EEZ: 

 Minerals Management Service Proposed Rules 



The Minerals Mzmagement Service (MMS) published in the Federal Register, Mar. 26, 1987, pp. 9758- 

 9766, proposed rules for marine minerals prospecting in the EEZ. Prospecting for all minerals except oil, 

 gas, and sulfur would be covered by the proposed rules. Covered activities include operations such as those 

 normally carried out by mineral explorations and university researchers. The Department of the Interior be- 

 lieves that promulgation of prospecting regulations is an important step in ensuring the industry access to 

 the U.S. Exclusive Economic Zone for the purpose of mineral exploration. The effect of the proposed regula- 

 tions is far reaching, and would cover "operations such as those normally carried out by mineral explora- 

 tionists and university researchers." 



The following provisions are proposed by MMS: 



• Term of Permit — Two years, with extension for good cause. 



• Prospecting Plan — An application for a permit must be accompanied by a description of the proposed 

 geological eind geophysical activities, including anticipated environmental impacts and appropriate mit- 

 igation measures. Drill holes deeper than 300 feet require additional information. 



• Reporting — Quarterly reports required with final report to include charts, summary of mineral occur- 

 rences, and identification of environmental hazards. 



• Environmental — A list of exploration technologies considered environmentally safe are included. The 

 use of explosives, trenching, dredging, and excessive drilling requires special approval. 



• States — Governors of adjacent States are notified upon application by prospectors, and the States may 

 comment on the application. If an environmental impact statement is required. States may review and 

 comment on the activities. 



• Information — Proprietary information is to be withheld for 20 years, unless early release is agreed to 

 by the permittee. Governors of adjacent States may have access to proprietary information under specified 

 procedures and restrictions. 



No special property rights or preferences to a mineral lease are given to a permittee as a consequence 

 * of being granted a prospecting permit. The MinereJs Management Service has announced intentions to promul- 

 Lgate leasing and postleasing rules to follow the prospecting regulations. 



Congressional Action: Amend the Outer Con- 

 tinental Shelf Lands Act. 



Option 5: Allow the Minerals Management 

 Service to continue to develop a regula- 

 tory system for preleasing, leasing, and 

 postlease management of Outer Conti- 

 nental Shelf hard minerals under the ex- 

 isting provisions of Section 8(k). 



Congressional Action: No action required. 



Advantages and Disadvantages 



Whether new EEZ mining legislation is incor- 

 porated as a separate title to the Outer Continen- 

 tal Shelf Lands Act or is enacted as a "stand-alone" 

 law would make little difference so far as the effect 

 of the statute is concerned. However, stand-alone 

 legislation might relieve the concerns of oil and gas 



interests that fear opening the Outer Continental 

 Shelf Lands Act up to amendment of Section 8(k) 

 or adding a new EEZ seabed mining title might 

 make the Act vulnerable to amendments affecting 

 the offshore oil and gas resource leasing program. 



Should Congress decide not to enact separate 

 EEZ seabed mining legislation through a stand- 

 alone law, or a separate tide in the Outer Continen- 

 tal Shelf Lands Act, or amendments to Section 8(k) 

 of OCSLA, the Minerals Management Service 

 could continue to promulgate seabed mining leg- 

 islation under the current authority of Section 8(k) 

 of OCSLA. However, leasing authority under Sec- 

 tion 8(k) pertains only to the continental shelf ad- 

 jacent to "States of the Union," and, therefore, 

 the Minerals Management Service probably lacks 

 authority to lease seabed minerals in the EEZ off 

 Johnston Island and adjacent to the other Pacific 

 trust territories and possessions. 



