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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4537 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4537
To prohibit certain mining activities on the deep seabed and Outer
Continental Shelf, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Mr. Case (for himself, Mr. Grijalva, Mr. Huffman, Ms. Bonamici, Ms. Lee
of California, and Ms. Pingree) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To prohibit certain mining activities on the deep seabed and Outer
Continental Shelf, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Seabed Protection Act''.
SEC. 2. PROHIBITION OF CERTAIN MINING ACTIVITIES ON DEEP SEABED AND
OUTER CONTINENTAL SHELF.
(a) Findings.--Congress finds the following:
(1) As determined by the United Nations, most recently in
its Sustainable Development Goals report, our world's oceans
are at great risk from a number of factors, including
atmospheric change, resource extraction, and pollution.
(2) The United Nation's 2030 Agenda for Sustainable
Development, launched by the 2015 UN Summit in New York
established Sustainable Development Goal 14 (SDS 14), to
conserve and sustainably use the oceans, seas, and marine
resources. Target 2 of SDS 14 commits States to sustainably
manage marine ecosystems to avoid significant adverse impacts
and strengthen their resilience.
(3) The international marine scientific and policy
consensus is that deep seabed mining presents a major risk to
the marine environment, including--
(A) the direct loss of unique and ecologically
important species;
(B) large sediment plumes that will negatively
affect ecosystems well beyond the actual mining sites;
(C) noise pollution that will cause physiological
and behavioral stress to marine species;
(D) likely contamination of commercially important
species of food fish; and
(E) likely negative impacts on carbon sequestration
dynamics and deep-ocean carbon storage.
(4) The United Nations Convention on Biological Diversity,
15th Conference of Parties, Decision 15/24 encourages member
States to ensure that, before deep seabed mineral exploitation
is permitted, the related impacts on the marine environment and
biodiversity are sufficiently researched, the risks to the
marine ecosystem are sufficiently understood, and sufficient
regulation and conditions are imposed to ensure that
exploitation does not cause harmful effects to the marine
environment and biodiversity.
(5) The 2022 United Nations Environment Programme Financial
Initiative report on deep seabed mining states that the
financing of such activities is not consistent with Sustainable
Blue Economy Finance Principles.
(6) There is currently insufficient scientific information
on the deep sea and related marine ecosystems to fully and
accurately assess the risks and impacts of deep seabed mining
activities.
(b) Prohibition of Certain Mining Activities on Deep Seabed and
Outer Continental Shelf.--
(1) Deep seabed.--Notwithstanding any provision of the Deep
Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.), no
license, permit, or other authorization may be issued for
exploration or commercial recovery.
(2) Outer continental shelf.--Notwithstanding any provision
of the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et
seq.), no license, permit, or other authorization may be issued
for exploration, development, or production of a hardrock
mineral on the Outer Continental Shelf.
(3) Exception for scientific research.--Paragraphs (1) and
(2) shall not apply to the issuance of a license, permit, or
other authorization to carry out scientific research
activities.
(c) Assessment of Environmental Impacts of Mining Activities on
Deep Seabed and Outer Continental Shelf.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall seek to
enter into an agreement with the National Academies of Science,
Engineering, and Medicine to conduct a comprehensive study of
the environmental impacts of mining activities on the deep
seabed and Outer Continental Shelf.
(2) Submission of assessment.--The Secretary shall submit
to the appropriate Congressional committees a report regarding
the findings of the study described in paragraph (1).
(3) Contents.--The study described in paragraph (1) shall
include the following:
(A) A characterization of ecosystems--
(i) on the deep seabed and Outer
Continental Shelf;
(ii) in the overlying water columns of the
deep seabed and Outer Continental Shelf; and
(iii) on seamounts and hydrothermal vents.
(B) An assessment of the potential impacts
associated with mining activities on the deep seabed
and Outer Continental Shelf on--
(i) habitats and species on the deep seabed
and Outer Continental Shelf and in the
overlying water columns of the deep seabed and
Outer Continental Shelf, including--
(I) an approximate quantification
of the spatial extent and timescale of
such impacts; and
(II) the potential for the recovery
of such habitats and species from such
impacts;
(ii) the capacity of deep sea and open
ocean processes and ecosystems to sequester
greenhouse gases;
(iii) users of the marine environment,
including--
(I) commercial and recreational
fisheries;
(II) recreational users;
(III) aquaculture operations; and
(IV) developers of subsea
infrastructure; and
(iv) indigenous peoples and cultures linked
to marine species and the marine environment.
(C) An assessment of the potential impacts of
sediment plumes from disturbance of the deep seabed and
Outer Continental Shelf and collector vessel discharge
on pelagic species and food webs.
(D) An approximate quantification of the greenhouse
gas emissions associated with mining activities on the
deep seabed and Outer Continental Shelf, including such
emissions that may result from the alteration of the
biology, geology, or chemistry of the sediment on or
the overlying water column of the deep seabed and Outer
Continental Shelf.
(E) An assessment of the viability of alternatives
to the use of minerals found on the deep seabed and
Outer Continental Shelf, including--
(i) developing a greater capacity for and
promoting the reuse and recycling of such
minerals in circulation;
(ii) developing and promoting the use of
substitute minerals and materials that have
fewer or less severe environmental impacts
associated with such use; and
(iii) developing methods to reduce the
environmental impacts of terrestrial mining
practices and other similar initiatives.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means--
(A) with respect to the House of Representatives--
(i) the Committee on Foreign Affairs; and
(ii) the Committee on Natural Resources;
and
(B) with respect to the Senate--
(i) the Committee on Commerce, Science, and
Transportation;
(ii) the Committee on Energy and Natural
Resources; and
(iii) the Committee on Foreign Relations.
(2) Commercial recovery.--The term ``commercial recovery''
has the meaning given the term in section 4 of the Deep Seabed
Hard Mineral Resources Act (30 U.S.C. 1403).
(3) Deep seabed.--The term ``deep seabed'' has the meaning
given the term in section 4 of the Deep Seabed Hard Mineral
Resources Act (30 U.S.C. 1403).
(4) Development.--The term ``development'' has the meaning
given the term in section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331).
(5) Exploration.--The term ``exploration''--
(A) when used with respect to the deep seabed, has
the meaning given the term in section 4 of the Deep
Seabed Hard Mineral Resources Act (30 U.S.C. 1403); and
(B) when used with respect to the Outer Continental
Shelf, has the meaning given the term in section 2 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(6) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given the term ``outer Continental
Shelf'' in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(7) Production.--The term ``production'' has the meaning
given the term in section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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