290 • Marine Minerals: Exploring Our New Ocean Frontier 



to education, to administration of the mining program, 

 to resource conservation, to management and research 

 programs, to the agency having management responsi- 

 bility for the leased property, and to local goverrm:ients. 

 Many States require work to proceed at a minimum 

 rate. Some simply require "diligence" or a "good faith 

 effort" or may specify a time limit for starting produc- 

 tion (3 years in Delaware and Hawaii, 4 years in Wash- 

 ington). Other States require minimum expenditures 

 for development or improvements ($2.50 per acre an- 

 nually in Washington). In Hawaii, the lease may pro- 

 vide for an initial research period during which the les- 

 see is required to undertake research and development 

 to establish economic mining and processing methods 

 for the mineral deposit. 



Environmental Protection: 



Environmental regulations may require preparation 

 of an environmental impact analysis for each project. 

 Some States prepare a blanket analysis as part of a com- 

 prehensive management program, anticipating individ- 

 ual applications. Many statutes identify special areas 

 to be protected or avoided. These include shellfish beds 

 and spawning, nursery, or feeding grounds (Connecti- 

 cut, Georgia, Massachusetts, and Virginia), areas that 

 are part of the beach sand circulation system, and areas 

 where hazardous wastes have been dumped (Massachu- 

 setts). Environmental review also requires coordination 

 with other agencies and statutes. Among these are fish 

 and wildlife departments, air and water quality laws, 

 and coastal zone management agencies. 



Conflicting Uses: 



Some States identify certain uses as primary or pro- 

 tected, and conflicting uses are prohibited or restricted. 

 Fishing and navigation rights are most commonly men- 

 tioned as protected. Virginia may impose seasonal 

 dredging limitations to protect commercially or recrea- 

 tionally important fisheries. Florida gives priority to 

 maintaining natural conditions and propagation offish 

 and wildlife. Recreation, fishing, and boating are pri- 

 mary uses. Rhode Island State waters are classified by 

 use (from conservation areas to industrial waterfronts) 

 with permitted activities and development spelled out 

 for each class. Connecticut, Delaware, and Oregon re- 

 quire that impacts on upland property owners or users 

 be considered. Hawaii would not allow mining if the 

 existing or reasonably foreseeable use of the property 

 would be of greater benefit to the State. Delaware and 

 Oregon require scenic values to be considered. Pipe- 

 lines, cables, and aids to navigation are protected by 

 minimum setbacks. Setbacks from shore are specified 

 in some cases. Florida requires oil and gas leases to be 



at least 1 mile offshore. Other leases are prohibited from 

 the 3-foot low water depth landward to the nearest paved 

 road. Massachusetts prohibits mining in nearshore areas 

 that supply beach sediments, generally to the 80-foot 

 depth contour. 



Public Participation: 



About half the States require published notice of a 

 proposed lease, either in a statewide newspaper or in 

 the affected county or both. About one-quarter of the 

 States require a public hearing before granting a lease. 

 Two require a hearing prior to granting a prospecting 

 permit. Massachusetts requires an applicant to disclose 

 "reliable information as to the quantities, quaJity and 

 location of the resource available ..." 



Regulation and Enforcement: 



All States reserve the right to inspect the work site 

 and the prospecting or mining records. Exploration re- 

 sults, development work, and materials mined and sold 

 must be reported. Reporting periods vary from monthly 

 to annual. 



The States genersJly require bonds or insurance to 

 cover faithful performance of the contract, reclamation 

 of the site, and cleanup of pollution resulting from ex- 

 ploration or mining and to indemnify the State against 

 claims arising from the project. 



Permits or leases may be revoked for failure to dili- 

 gently pursue exploration or mining, for failure to meet 

 reporting requirements, or for failure to pay rents or 

 royalties. Revocation is generally an administrative act 

 by the managing State agency and is subject to admin- 

 istrative or judicial appeal. Revocation may be partial, 

 allowing the operator to keep production sites not in 

 default. 



Current Activities 



There is little offshore mining in State waters at the 

 present time. Sand, gravel, and shell are the only ma- 

 terials currently with significant commercial markets. 

 Existing operations include sand and gravel dredging 

 on the New York and New Jersey sides of Ambrose 

 Channel in lower New York harbor, sand and shell ex- 

 traction in Florida, shell extraction in Chesapeake Bay, 

 and a pilot gold dredging project off Nome, Alaska. In 

 addition, there are non-commercial beach nourishment 

 programs using offshore sand. The absence of other 

 activity is variously attributed by State officials to a lack 

 of mineral resources, a lack of information about any 

 resources that may exist, or to the higher cost of ocean 

 mining cornpared to onshore mining of the same ma- 

 terial. 



