Page:United States Statutes at Large Volume 94 Part 1.djvu/614

 94 STAT. 564

PUBLIC LAW 96-283—JUNE 28, 1980 (1) will not unreasonably interfere with the exercise of the freedoms of the high seas by other states, as recognized under general principles of international law; (2) will not conflict with any international obligation of the United States established by any treaty or international convention in force with respect to the United States; (3) will not create a situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict; (4) cannot reasonably be expected to result in a significant adverse effect on the quality of the environment, taking into account the analyses and information in any applicable environmental impact statement prepared pursuant to section 109(c) or 109(d); and (5) will not pose an inordinate threat to the safety of life and property at sea. (b) ISSUANCE AND TRANSFER OF LICENSES AND PERMITS WITH TERMS, CONDITIONS, AND RESTRICTIONS.—(1) Within 180 days after certifica-

tion of any application for the issuance or transfer of a license or permit under section 103(g), the Administrator shall propose terms and conditions for, and restrictions on, the exploration or commercial recovery proposed in the application which are consistent with the provisions of this Act and regulations issued under this Act. If additional time is needed, the Administrator shall notify the applicant in writing of the reasons for the delay and indicate the approximate date on which the proposed terms, conditions, and restrictions will be completed. The Administrator shall provide to each applicant Written statements. a written statement of the proposed terms, conditions, and restrictions. Such terms, conditions, and restrictions shall be generally specified in regulations with general criteria and standards to be used in establishing such terms, conditions, and restrictions for a license or permit and shall be uniform in all licenses or permits, except to the extent that differing physical and environmental conditions require the establishment of special terms, conditions, and restrictions for the conservation of natural resources, protection of the environment, or the safety of life and property at sea. Final (2) After preparation and consideration of the final environmental environmental impact statement pursuant to section 109(d) on the proposed issuance impact of a license or permit and subject to the other provisions of this Act, statements. the Administrator shall issue to the applicant the license or permit with the terms, conditions, and restrictions incorporated therein. Objection to (3) The licensee or permittee to whom a license or permit is issued terms, or transferred shall be deemed to have accepted the terms, condinotification to tions, and restrictions in the license or permit if the licensee or Administrator. permittee does not notify the Administrator within 60 days after receipt of the license or permit of each term, condition, or restriction with which the licensee or permittee takes exception. The licensee or permittee may, in addition to such objections as may be raised under applicable provisions of law, object to any term, condition, or restriction on the ground that the term, condition, or restriction is inconsistent with this Act or the regulations promulgated thereunder. If, after Hearing. the Administrator takes final action on these objections, the licensee or permittee demonstrates that a dispute remains on a material issue of fact, the licensee or permittee is entitled to a decision on the record after the opportunity for an agency hearing pursuant to sections 556 Judicial review. and 557 of title 5, United States Code. Any such decision made by the Administrator shall be subject to judicial review as provided in 5 USC 701 et seq. chapter 7 of title 5, United States Code.

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