US (United States) Code. Title 43. Chapter 29: Submerged lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 148 páginas
publicidad
publicidad

-CITE-

43 USC CHAPTER 29 - SUBMERGED LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

-MISC1-

CHAPTER 29 - SUBMERGED LANDS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1301. Definitions.

1302. Resources seaward of Continental Shelf.

1303. Amendment, modification, or repeal of other laws.

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

1311. Rights of States.

(a) Confirmation and establishment of title and

ownership of lands and resources; management,

administration, leasing, development, and use.

(b) Release and relinquishment of title and claims

of United States; payment to States of moneys

paid under leases.

(c) Leases in effect on June 5, 1950.

(d) Authority and rights of United States

respecting navigation, flood control and

production of power.

(e) Ground and surface waters west of 98th

meridian.

1312. Seaward boundaries of States.

1313. Exceptions from operation of section 1311 of this

title.

1314. Rights and powers retained by United States; purchase

of natural resources; condemnation of lands.

1315. Rights acquired under laws of United States

unaffected.

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

1331. Definitions.

1332. Congressional declaration of policy.

1333. Laws and regulations governing lands.

(a) Constitution and United States laws; laws of

adjacent States; publication of projected

State lines; international boundary disputes;

restriction on State taxation and

jurisdiction.

(b) Longshore and Harbor Workers' Compensation Act

applicable; definitions.

(c) National Labor Relations Act applicable.

(d) Coast Guard regulations; marking of artificial

islands, installations, and other devices;

failure of owner suitably to mark according to

regulations.

(e) Authority of Secretary of the Army to prevent

obstruction to navigation.

(f) Provisions as nonexclusive.

1334. Administration of leasing.

(a) Rules and regulations; amendment; cooperation

with State agencies; subject matter and scope

of regulations.

(b) Compliance with regulations as condition for

issuance, continuation, assignment, or other

transfer of leases.

(c) Cancellation of nonproducing lease.

(d) Cancellation of producing lease.

(e) Pipeline rights-of-way; forfeiture of grant.

(f) Competitive principles governing pipeline

operation.

(g) Rates of production.

(h) Federal action affecting outer Continental

Shelf; notification; recommended changes.

(i) Flaring of natural gas.

(j) Cooperative development of common

hydrocarbon-bearing areas.

1335. Validation and maintenance of prior leases.

(a) Requirements for validation.

(b) Conduct of operations under lease; sulphur

rights.

(c) Nonwaiver of United States claims.

(d) Judicial review of determination.

(e) Lands beneath navigable waters.

1336. Controversies over jurisdiction; agreements; payments;

final settlement or adjudication; approval of notice

concerning oil and gas operations in Gulf of Mexico.

1337. Grant of leases by Secretary.

(a) Oil and gas leases; award to highest

responsible qualified bidder; method of

bidding; royalty relief; Congressional

consideration of bidding system; notice.

(b) Terms and provisions of oil and gas leases.

(c) Antitrust review of lease sales.

(d) Due diligence.

(e) Secretary's approval for sale, exchange,

assignment, or other transfer of leases.

(f) Antitrust immunity or defenses.

(g) Leasing of lands within three miles of seaward

boundaries of coastal States; deposit of

revenues; distribution of revenues.

(h) State claims to jurisdiction over submerged

lands.

(i) Sulphur leases; award to highest bidder; method

of bidding.

(j) Terms and provisions of sulphur leases.

(k) Other mineral leases; award to highest bidder;

terms and conditions; agreements for use of

resources for shore protection, beach or

coastal wetlands restoration, or other

projects.

(l) Publication of notices of sale and terms of

bidding.

(m) Disposition of revenues.

(n) Issuance of lease as nonprejudicial to ultimate

settlement or adjudication of controversies.

(o) Cancellation of leases for fraud.

1338. Disposition of revenues.

1338a. Moneys received as a result of forfeiture by Outer

Continental Shelf permittee, lessee, or right-of-way

holder; return of excess amounts.

1339. Repealed.

1340. Geological and geophysical explorations.

(a) Approved exploration plans.

(b) Oil and gas exploration.

(c) Plan approval; State concurrence; plan

provisions.

(d) Drilling permit.

(e) Plan revisions; conduct of exploration

activities.

(f) Drilling permits issued and exploration plans

approved within 90-day period after September

18, 1978.

(g) Determinations requisite to issuance of

permits.

(h) Lands beneath navigable waters adjacent to

Phillip Burton Wilderness.

1341. Reservation of lands and rights.

(a) Withdrawal of unleased lands by President.

(b) First refusal of mineral purchases.

(c) National security clause.

(d) National defense areas; suspension of

operations; extension of leases.

(e) Source materials essential to production of

fissionable materials.

(f) Helium ownership; rules and regulations

governing extraction.

1342. Prior claims as unaffected.

1343. Repealed.

1344. Outer Continental Shelf leasing program.

(a) Schedule of proposed oil and gas lease sales.

(b) Estimates of appropriations and staff required

for management of leasing program.

(c) Suggestions from Federal agencies and affected

State and local governments; submission of

proposed program to Governors of affected

States and Congress; publication in Federal

Register.

(d) Comments by Attorney General on anticipated

effect on competition; comments by State or

local governments; submission of program to

President and Congress; issuance of leases in

accordance with program.

(e) Review, revision, and reapproval of program.

(f) Procedural regulations for management of

program.

(g) Information from public and private sources;

confidentiality of classified or privileged

data.

(h) Information from all Federal departments and

agencies; confidentiality of privileged or

proprietary information.

1345. Coordination and consultation with affected State and

local governments.

(a) Recommendations regarding size, time, or

location of proposed lease sales.

(b) Time for submission of recommendations.

(c) Acceptance or rejection of recommendations.

(d) Finality of acceptance or rejection of

recommendations.

(e) Cooperative agreements.

1346. Environmental studies.

(a) Information for assessment and management of

impacts on environment; time for study;

impacts on marine biota from pollution or

large spills.

(b) Additional studies subsequent to leasing and

development of area.

(c) Procedural regulations for conduct of studies;

cooperation with affected States; utilization

of information from Federal, State and local

governments and agencies.

(d) Consideration of relevant environmental

information in developing regulations, lease

conditions and operating orders.

(e) Assessment of cumulative effects of activities

on environment; submission to Congress.

(f) Utilization of capabilities of Department of

Commerce.

1347. Safety and health regulations.

(a) Joint study of adequacy of existing safety and

health regulations; submission to President

and Congress.

(b) Use of best available and safest economically

feasible technologies.

(c) Regulations applying to unregulated hazardous

working conditions.

(d) Application of other laws.

(e) Studies of underwater diving techniques and

equipment.

(f) Coordination and consultation with Federal

departments and agencies; availability to

interested persons of compilation of safety

regulations.

1348. Enforcement of safety and environmental regulations.

(a) Utilization of Federal departments and

agencies.

(b) Duties of holders of lease or permit.

(c) Onsite inspection of facilities.

(d) Investigation and report on major fires, oil

spills, death, or serious injury.

(e) Review of allegations of violations.

(f) Summoning of witnesses and production of

evidence.

1349. Citizens suits, jurisdiction and judicial review.

(a) Persons who may bring actions; persons against

whom action may be brought; time of action;

intervention by Attorney General; costs and

fees; security.

(b) Jurisdiction and venue of actions.

(c) Review of Secretary's approval of leasing

program; review of approval, modification or

disapproval of exploration or production plan;

persons who may seek review; scope of review;

certiorari to Supreme Court.

1350. Remedies and penalties.

(a) Injunctions, restraining orders, etc.

(b) Civil penalties; hearing.

(c) Criminal penalties.

(d) Liability of corporate officers and agents for

violations by corporation.

(e) Concurrent and cumulative nature of penalties.

1351. Oil and gas development and production.

(a) Development and production plans; submission to

Secretary; statement of facilities and

operation; submission to Governors of affected

States and local governments.

(b) Development and production activities in

accordance with plan as lease requirement.

(c) Scope and contents of plan.

(d) State concurrence in land or water zone use in

coastal zone of State.

(e) Declaration of approval of development and

production plan as major Federal action;

submission of preliminary or final lease plans

prior to commencement of National

Environmental Policy provisions procedures.

(f) Plans considered major Federal actions;

submission of draft environmental impact

statement to Governors of affected States and

local governments.

(g) Plans considered nonmajor Federal actions;

comments and recommendations from States.

(h) Approval, disapproval or modification of plan;

reapplication; periodic review.

(i) Approval of revision of approved plan.

(j) Cancellation of lease on failure to submit plan

or comply with approved plan.

(k) Production and transportation of natural gas;

submission of plan to Federal Energy

Regulatory Commission; impact statement.

(l) Application of provisions to leases in Gulf of

Mexico.

1352. Oil and gas information program.

(a) Access to data and information obtained by

lessee or permittee from oil or gas

exploration, etc., data obtained by Federal

department or agency from geological and

geophysical explorations.

(b) Processing, analyzing, and interpreting

information; availability of summary of data

to affected States and local government.

(c) Confidentiality of information; regulations.

(d) Transmittal of information to affected State;

protection of competitive position.

(e) Agreement with State to waive defenses and hold

United States harmless from failure to

maintain confidentiality of information.

(f) Civil action against United States or State for

failure to maintain confidentiality of

information; certain defenses unavailable.

(g) Preemption of State law by Federal law.

(h) Failure by State to comply with regulations;

withholding of information.

1353. Federal purchase and disposition of oil and gas.

(a) Payment of royalties or net profit shares in

oil and gas; purchase of oil and gas by United

States; transfer of title to Federal agencies.

(b) Sale of oil by United States to public;

disposition of oil to small refiners;

application of other laws.

(c) Sale of gas by United States to public.

(d) Purchase by lessee of Federal oil or gas for

which no bids received.

(e) Definitions.

(f) Purchase of oil and gas in time of war.

1354. Limitations on export of oil or gas.

(a) Application of Export Administration

provisions.

(b) Condition precedent to exportation; express

finding by President of no increase in

reliance on imported oil or gas.

(c) Report of findings by President to Congress;

joint resolution of disagreement with findings

of President.

(d) Exchange or temporary exportation of oil and

gas for convenience or efficiency of

transportation.

1355. Restrictions on employment of former officers or

employees of Department of the Interior.

1356. Documentary, registry and manning requirements.

(a) Regulations.

(b) Exceptions from design, construction,

alteration, and repair requirements.

(c) Exceptions from manning requirements.

1356a. Coastal impact assistance.

(a) In general.

(b) Definitions.

(c) Authorization.

(d) Impact assistance payments to States and

political subdivisions.

(e) Coastal Impact Assistance Plan.

(f) Authorized uses.

(g) Compliance with authorized uses.

-End-

-CITE-

43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1311, 1315, 1335,

1631, 1632 of this title; title 16 sections 742i, 1434, 1453; title

33 section 941.

-End-

-CITE-

43 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1301. Definitions

-STATUTE-

When used in this subchapter and subchapter II of this chapter -

(a) The term "lands beneath navigable waters" means -

(1) all lands within the boundaries of each of the respective

States which are covered by nontidal waters that were navigable

under the laws of the United States at the time such State became

a member of the Union, or acquired sovereignty over such lands

and waters thereafter, up to the ordinary high water mark as

heretofore or hereafter modified by accretion, erosion, and

reliction;

(2) all lands permanently or periodically covered by tidal

waters up to but not above the line of mean high tide and seaward

to a line three geographical miles distant from the coast line of

each such State and to the boundary line of each such State where

in any case such boundary as it existed at the time such State

became a member of the Union, or as heretofore approved by

Congress, extends seaward (or into the Gulf of Mexico) beyond

three geographical miles, and

(3) all filled in, made, or reclaimed lands which formerly were

lands beneath navigable waters, as hereinabove defined;

(b) The term "boundaries" includes the seaward boundaries of a

State or its boundaries in the Gulf of Mexico or any of the Great

Lakes as they existed at the time such State became a member of the

Union, or as heretofore approved by the Congress, or as extended or

confirmed pursuant to section 1312 of this title but in no event

shall the term "boundaries" or the term "lands beneath navigable

waters" be interpreted as extending from the coast line more than

three geographical miles into the Atlantic Ocean or the Pacific

Ocean, or more than three marine leagues into the Gulf of Mexico,

except that any boundary between a State and the United States

under this subchapter or subchapter II of this chapter which has

been or is hereafter fixed by coordinates under a final decree of

the United States Supreme Court shall remain immobilized at the

coordinates provided under such decree and shall not be ambulatory;

(c) The term "coast line" means the line of ordinary low water

along that portion of the coast which is in direct contact with the

open sea and the line marking the seaward limit of inland waters;

(d) The terms "grantees" and "lessees" include (without limiting

the generality thereof) all political subdivisions, municipalities,

public and private corporations, and other persons holding grants

or leases from a State, or from its predecessor sovereign if

legally validated, to lands beneath navigable waters if such grants

or leases were issued in accordance with the constitution,

statutes, and decisions of the courts of the State in which such

lands are situated, or of its predecessor sovereign: Provided,

however, That nothing herein shall be construed as conferring upon

said grantees or lessees any greater rights or interests other than

are described herein and in their respective grants from the State,

or its predecessor sovereign;

(e) The term "natural resources" includes, without limiting the

generality thereof, oil, gas, and all other minerals, and fish,

shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other

marine animal and plant life but does not include water power, or

the use of water for the production of power;

(f) The term "lands beneath navigable waters" does not include

the beds of streams in lands now or heretofore constituting a part

of the public lands of the United States if such streams were not

meandered in connection with the public survey of such lands under

the laws of the United States and if the title to the beds of such

streams was lawfully patented or conveyed by the United States or

any State to any person;

(g) The term "State" means any State of the Union;

(h) The term "person" includes, in addition to a natural person,

an association, a State, a political subdivision of a State, or a

private, public, or municipal corporation.

-SOURCE-

(May 22, 1953, ch. 65, title I, Sec. 2, 67 Stat. 29; Pub. L.

99-272, title VIII, Sec. 8005, Apr. 7, 1986, 100 Stat. 151.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-272 inserted ", except that any

boundary between a State and the United States under this

subchapter or subchapter II of this chapter which has been or is

hereafter fixed by coordinates under a final decree of the United

States Supreme Court shall remain immobilized at the coordinates

provided under such decree and shall not be ambulatory".

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-58, title III, Sec. 301, Nov. 28, 1995, 109 Stat.

563, provided that: "This title [amending section 1337 of this

title and enacting provisions set out as notes under section 1337

of this title] may be referred to as the 'Outer Continental Shelf

Deep Water Royalty Relief Act'."

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-367, Sec. 1, July 31, 1986, 100 Stat. 774, provided:

"That this Act [enacting section 1865 of this title, amending

section 1343 of this title, and repealing section 1861 of this

title] may be referred to as the 'OCS Paperwork and Reporting

Act'."

Section 8001 of title VIII of Pub. L. 99-272 provided that: "This

title [amending this section and sections 1332 and 1337 of this

title and enacting provisions set out as a note under section 1337

of this title] may be referred to as the 'Outer Continental Shelf

Lands Act Amendments of 1985'."

SHORT TITLE

Section 1 of act May 22, 1953, provided that: "This Act [enacting

subchapters I and II of this chapter] may be cited as the

'Submerged Lands Act'."

Section 1 of act Aug. 7, 1953, ch. 345, 67 Stat. 462, provided

that: "This Act [enacting subchapter III of this chapter] may be

cited as the 'Outer Continental Shelf Lands Act'."

SEPARABILITY

Section 11 of act May 22, 1953, provided that: "If any provision

of this Act [enacting subchapters I and II of this chapter], or any

section, subsection, sentence, clause, phrase or individual word,

or the application thereof to any person or circumstance is held

invalid, the validity of the remainder of the Act and of the

application of any such provision, section, subsection, sentence,

clause, phrase or individual word to other persons and

circumstances shall not be affected thereby; without limiting the

generality of the foregoing, if subsection 3(a)1, 3(a)2, 3(b)1,

3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1), (b)(2),

(b)(3), (c) of this title] or any provision of any of those

subsections is held invalid, such subsection or provision shall be

held separable and the remaining subsections and provisions shall

not be affected thereby."

-TRANS-

NAVAL PETROLEUM RESERVE

Section 10 of act May 22, 1953, revoked Ex. Ord. No. 10426, Jan.

16, 1953, 18 F.R. 405, "insofar as it applies to any lands beneath

navigable waters as defined in section 2 hereof [this section]".

Ex. Ord. 10426 set aside certain submerged lands as a naval

petroleum reserve and transferred functions with respect thereto

from the Secretary of the Interior to the Secretary of the Navy.

-MISC2-

APPLICATION TO STATE OF ALASKA

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

Applicability of subchapters I and II of this chapter to the

State of Alaska, see section 6(m) of Pub. L. 85-508, set out as a

note preceding section 21 of Title 48.

APPLICATION TO STATE OF HAWAII

Applicability of this chapter to the State of Hawaii, see section

5(i) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 6, set out as a note

preceding section 491 of Title 48, Territories and Insular

Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1302, 1331, 1340, 1356a,

2102 of this title; title 15 section 1171; title 28 section 2409a;

title 33 sections 2701, 2716.

-End-

-CITE-

43 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1302. Resources seaward of Continental Shelf

-STATUTE-

Nothing in this subchapter or subchapter II of this chapter shall

be deemed to affect in any wise the rights of the United States to

the natural resources of that portion of the subsoil and seabed of

the Continental Shelf lying seaward and outside of the area of

lands beneath navigable waters, as defined in section 1301 of this

title, all of which natural resources appertain to the United

States, and the jurisdiction and control of which by the United

States is confirmed.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 9, 67 Stat. 32.)

-End-

-CITE-

43 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1303. Amendment, modification, or repeal of other laws

-STATUTE-

Nothing in this subchapter or subchapter II of this chapter shall

be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14

Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat.

377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat.

887), and Acts amendatory thereof or supplementary thereto.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 7, 67 Stat. 32.)

-REFTEXT-

REFERENCES IN TEXT

Act July 26, 1866 (14 Stat. 251), referred to in text, is act

July 26, 1866, ch. 262, 14 Stat. 251, which is not classified to

the Code.

Act July 9, 1870 (16 Stat. 217), referred to in text, is act July

9, 1870, ch. 235, 16 Stat. 217, which is not classified to the

Code.

Act March 3, 1877 (19 Stat. 377), referred to in text, is act

Mar. 3, 1877, ch. 107, 19 Stat. 377, as amended, popularly known as

the Desert Lands Act, which is classified generally to sections 321

to 323, 325, and 327 to 329 of this title. For complete

classification of this Act to the Code, see Tables.

Act June 17, 1902 (32 Stat. 388), referred to in text, is

popularly known as the Reclamation Act, which is classified

generally to chapter 12 (Sec. 371) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 371 of this title and Tables.

Act December 22, 1944 (58 Stat. 887), referred to in text, is act

Dec. 22, 1944, ch. 665, 58 Stat. 887, as amended, which enacted

section 390 of this title, sections 460d and 825s of Title 16,

Conservation, and sections 701-1, 701a-1, 708, and 709 of Title 33,

Navigation and Navigable Waters, amended section 701b-1 of Title

33, and enacted provisions set out as notes under section 701f of

Title 33. For complete classification of this Act to the Code, see

Tables.

-End-

-CITE-

43 USC SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS

WITHIN STATE BOUNDARIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1301, 1302, 1303,

1335, 1631, 1632 of this title; title 16 sections 742i, 1434, 1453;

title 33 section 941.

-End-

-CITE-

43 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

Sec. 1311. Rights of States

-STATUTE-

(a) Confirmation and establishment of title and ownership of lands

and resources; management, administration, leasing, development,

and use

It is determined and declared to be in the public interest that

(1) title to and ownership of the lands beneath navigable waters

within the boundaries of the respective States, and the natural

resources within such lands and waters, and (2) the right and power

to manage, administer, lease, develop, and use the said lands and

natural resources all in accordance with applicable State law be,

and they are, subject to the provisions hereof, recognized,

confirmed, established, and vested in and assigned to the

respective States or the persons who were on June 5, 1950, entitled

thereto under the law of the respective States in which the land is

located, and the respective grantees, lessees, or successors in

interest thereof;

(b) Release and relinquishment of title and claims of United

States; payment to States of moneys paid under leases

(1) The United States releases and relinquishes unto said States

and persons aforesaid, except as otherwise reserved herein, all

right, title, and interest of the United States, if any it has, in

and to all said lands, improvements, and natural resources; (2) the

United States releases and relinquishes all claims of the United

States, if any it has, for money or damages arising out of any

operations of said States or persons pursuant to State authority

upon or within said lands and navigable waters; and (3) the

Secretary of the Interior or the Secretary of the Navy or the

Treasurer of the United States shall pay to the respective States

or their grantees issuing leases covering such lands or natural

resources all moneys paid thereunder to the Secretary of the

Interior or to the Secretary of the Navy or to the Treasurer of the

United States and subject to the control of any of them or to the

control of the United States on May 22, 1953, except that portion

of such moneys which (1) is required to be returned to a lessee; or

(2) is deductible as provided by stipulation or agreement between

the United States and any of said States;

(c) Leases in effect on June 5, 1950

The rights, powers, and titles hereby recognized, confirmed,

established, and vested in and assigned to the respective States

and their grantees are subject to each lease executed by a State,

or its grantee, which was in force and effect on June 5, 1950, in

accordance with its terms and provisions and the laws of the State

issuing, or whose grantee issued, such lease, and such rights,

powers, and titles are further subject to the rights herein now

granted to any person holding any such lease to continue to

maintain the lease, and to conduct operations thereunder, in

accordance with its provisions, for the full term thereof, and any

extensions, renewals, or replacements authorized therein, or

heretofore authorized by the laws of the State issuing, or whose

grantee issued such lease: Provided, however, That, if oil or gas

was not being produced from such lease on and before December 11,

1950, or if the primary term of such lease has expired since

December 11, 1950, then for a term from May 22, 1953 equal to the

term remaining unexpired on December 11, 1950, under the provisions

of such lease or any extensions, renewals, or replacements

authorized therein, or heretofore authorized by the laws of the

State issuing, or whose grantee issued, such lease: Provided,

however, That within ninety days from May 22, 1953 (i) the lessee

shall pay to the State or its grantee issuing such lease all rents,

royalties, and other sums payable between June 5, 1950, and May 22,

1953, under such lease and the laws of the State issuing or whose

grantee issued such lease, except such rents, royalties, and other

sums as have been paid to the State, its grantee, the Secretary of

the Interior or the Secretary of the Navy or the Treasurer of the

United States and not refunded to the lessee; and (ii) the lessee

shall file with the Secretary of the Interior or the Secretary of

the Navy and with the State issuing or whose grantee issued such

lease, instruments consenting to the payment by the Secretary of

the Interior or the Secretary of the Navy or the Treasurer of the

United States to the State or its grantee issuing the lease, of all

rents, royalties, and other payments under the control of the

Secretary of the Interior or the Secretary of the Navy or the

Treasurer of the United States or the United States which have been

paid, under the lease, except such rentals, royalties, and other

payments as have also been paid by the lessee to the State or its

grantee;

(d) Authority and rights of United States respecting navigation,

flood control and production of power

Nothing in this subchapter or subchapter I of this chapter shall

affect the use, development, improvement, or control by or under

the constitutional authority of the United States of said lands and

waters for the purposes of navigation or flood control or the

production of power, or be construed as the release or

relinquishment of any rights of the United States arising under the

constitutional authority of Congress to regulate or improve

navigation, or to provide for flood control, or the production of

power;

(e) Ground and surface waters west of 98th meridian

Nothing in this subchapter or subchapter I of this chapter shall

be construed as affecting or intended to affect or in any way

interfere with or modify the laws of the States which lie wholly or

in part westward of the ninety-eighth meridian, relating to the

ownership and control of ground and surface waters; and the

control, appropriation, use, and distribution of such waters shall

continue to be in accordance with the laws of such States.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 3, 67 Stat. 30.)

-MISC1-

SEPARABILITY

Provisions of this section as separable, see section 11 of act

May 22, 1953, set out as a note under section 1301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1313, 1314, 2105 of this

title.

-End-

-CITE-

43 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

Sec. 1312. Seaward boundaries of States

-STATUTE-

The seaward boundary of each original coastal State is approved

and confirmed as a line three geographical miles distant from its

coast line or, in the case of the Great Lakes, to the international

boundary. Any State admitted subsequent to the formation of the

Union which has not already done so may extend its seaward

boundaries to a line three geographical miles distant from its

coast line, or to the international boundaries of the United States

in the Great Lakes or any other body of water traversed by such

boundaries. Any claim heretofore or hereafter asserted either by

constitutional provision, statute, or otherwise, indicating the

intent of a State so to extend its boundaries is approved and

confirmed, without prejudice to its claim, if any it has, that its

boundaries extend beyond that line. Nothing in this section is to

be construed as questioning or in any manner prejudicing the

existence of any State's seaward boundary beyond three geographical

miles if it was so provided by its constitution or laws prior to or

at the time such State became a member of the Union, or if it has

been heretofore approved by Congress.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 4, 67 Stat. 31.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1301 of this title.

-End-

-CITE-

43 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

Sec. 1313. Exceptions from operation of section 1311 of this title

-STATUTE-

There is excepted from the operation of section 1311 of this

title -

(a) all tracts or parcels of land together with all accretions

thereto, resources therein, or improvements thereon, title to

which has been lawfully and expressly acquired by the United

States from any State or from any person in whom title had vested

under the law of the State or of the United States, and all lands

which the United States lawfully holds under the law of the

State; all lands expressly retained by or ceded to the United

States when the State entered the Union (otherwise than by a

general retention or cession of lands underlying the marginal

sea); all lands acquired by the United States by eminent domain

proceedings, purchase, cession, gift, or otherwise in a

proprietary capacity; all lands filled in, built up, or otherwise

reclaimed by the United States for its own use; and any rights

the United States has in lands presently and actually occupied by

the United States under claim of right;

(b) such lands beneath navigable waters held, or any interest

in which is held by the United States for the benefit of any

tribe, band, or group of Indians or for individual Indians; and

(c) all structures and improvements constructed by the United

States in the exercise of its navigational servitude.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 5, 67 Stat. 32.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2105 of this title.

-End-

-CITE-

43 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

Sec. 1314. Rights and powers retained by United States; purchase of

natural resources; condemnation of lands

-STATUTE-

(a) The United States retains all its navigational servitude and

rights in and powers of regulation and control of said lands and

navigable waters for the constitutional purposes of commerce,

navigation, national defense, and international affairs, all of

which shall be paramount to, but shall not be deemed to include,

proprietary rights of ownership, or the rights of management,

administration, leasing, use, and development of the lands and

natural resources which are specifically recognized, confirmed,

established, and vested in and assigned to the respective States

and others by section 1311 of this title.

(b) In time of war or when necessary for national defense, and

the Congress or the President shall so prescribe, the United States

shall have the right of first refusal to purchase at the prevailing

market price, all or any portion of the said natural resources, or

to acquire and use any portion of said lands by proceeding in

accordance with due process of law and paying just compensation

therefor.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 6, 67 Stat. 32.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2105 of this title.

-End-

-CITE-

43 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE

BOUNDARIES

-HEAD-

Sec. 1315. Rights acquired under laws of United States unaffected

-STATUTE-

Nothing contained in this subchapter or subchapter I of this

chapter shall affect such rights, if any, as may have been acquired

under any law of the United States by any person in lands subject

to this subchapter or subchapter I of this chapter and such rights,

if any, shall be governed by the law in effect at the time they may

have been acquired: Provided, however, That nothing contained in

this subchapter or subchapter I of this chapter is intended or

shall be construed as a finding, interpretation, or construction by

the Congress that the law under which such rights may be claimed in

fact or in law applies to the lands subject to this subchapter or

subchapter I of this chapter, or authorizes or compels the granting

of such rights in such lands, and that the determination of the

applicability or effect of such law shall be unaffected by anything

contained in this subchapter or subchapter I of this chapter.

-SOURCE-

(May 22, 1953, ch. 65, title II, Sec. 8, 67 Stat. 32.)

-End-

-CITE-

43 USC SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 156, 1842, 1863, 1864,

1866 of this title; title 16 sections 460l-5; 470h, 471i, 1456;

title 29 sections 213, 402, 630, 653, 1002; title 30 sections 1702,

1721, 1721a; title 33 sections 941, 1321, 1503, 2701; title 41

section 357; title 42 sections 2000e, 7627, 9611, 13211.

-End-

-CITE-

43 USC Sec. 1331 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1331. Definitions

-STATUTE-

When used in this subchapter -

(a) The term "outer Continental Shelf" means all submerged lands

lying seaward and outside of the area of lands beneath navigable

waters as defined in section 1301 of this title, and of which the

subsoil and seabed appertain to the United States and are subject

to its jurisdiction and control;

(b) The term "Secretary" means the Secretary of the Interior,

except that with respect to functions under this subchapter

transferred to, or vested in, the Secretary of Energy or the

Federal Energy Regulatory Commission by or pursuant to the

Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the

term "Secretary" means the Secretary of Energy, or the Federal

Energy Regulatory Commission, as the case may be;

(c) The term "lease" means any form of authorization which is

issued under section 1337 of this title or maintained under section

1335 of this title and which authorizes exploration for, and

development and production of, minerals;

(d) The term "person" includes, in addition to a natural person,

an association, a State, a political subdivision of a State, or a

private, public, or municipal corporation;

(e) The term "coastal zone" means the coastal waters (including

the lands therein and thereunder) and the adjacent shorelands

(including the waters therein and thereunder), strongly influenced

by each other and in proximity to the shorelines of the several

coastal States, and includes islands, transition and intertidal

areas, salt marshes, wetlands, and beaches, which zone extends

seaward to the outer limit of the United States territorial sea and

extends inland from the shorelines to the extent necessary to

control shorelands, the uses of which have a direct and significant

impact on the coastal waters, and the inward boundaries of which

may be identified by the several coastal States, pursuant to the

authority of section 1454(b)(1) (!1) of title 16;

(f) The term "affected State" means, with respect to any program,

plan, lease sale, or other activity, proposed, conducted, or

approved pursuant to the provisions of this subchapter, any State -

(1) the laws of which are declared, pursuant to section

1333(a)(2) of this title, to be the law of the United States for

the portion of the outer Continental Shelf on which such activity

is, or is proposed to be, conducted;

(2) which is, or is proposed to be, directly connected by

transportation facilities to any artificial island or structure

referred to in section 1333(a)(1) of this title;

(3) which is receiving, or in accordnace (!2) with the proposed

activity will receive, oil for processing, refining, or

transshipment which was extracted from the outer Continental

Shelf and transported directly to such State by means of vessels

or by a combination of means including vessels;

(4) which is designated by the Secretary as a State in which

there is a substantial probability of significant impact on or

damage to the coastal, marine, or human environment, or a State

in which there will be significant changes in the social,

governmental, or economic infrastructure, resulting from the

exploration, development, and production of oil and gas anywhere

on the outer Continental Shelf; or

(5) in which the Secretary finds that because of such activity

there is, or will be, a significant risk of serious damage, due

to factors such as prevailing winds and currents, to the marine

or coastal environment in the event of any oilspill, blowout, or

release of oil or gas from vessels, pipelines, or other

transshipment facilities;

(g) The term "marine environment" means the physical,

atmospheric, and biological components, conditions, and factors

which interactively determine the productivity, state, condition,

and quality of the marine ecosystem, including the waters of the

high seas, the contiguous zone, transitional and intertidal areas,

salt marshes, and wetlands within the coastal zone and on the outer

Continental Shelf;

(h) The term "coastal environment" means the physical

atmospheric, and biological components, conditions, and factors

which interactively determine the productivity, state, condition,

and quality of the terrestrial ecosystem from the shoreline inward

to the boundaries of the coastal zone;

(i) The term "human environment" means the physical, social, and

economic components, conditions, and factors which interactively

determine the state, condition, and quality of living conditions,

employment, and health of those affected, directly or indirectly,

by activities occurring on the outer Continental Shelf;

(j) The term "Governor" means the Governor of a State, or the

person or entity designated by, or pursuant to, State law to

exercise the powers granted to such Governor pursuant to this

subchapter;

(k) The term "exploration" means the process of searching for

minerals, including (1) geophysical surveys where magnetic,

gravity, seismic, or other systems are used to detect or imply the

presence of such minerals, and (2) any drilling, whether on or off

known geological structures, including the drilling of a well in

which a discovery of oil or natural gas in paying quantities is

made and the drilling of any additional delineation well after such

discovery which is needed to delineate any reservoir and to enable

the lessee to determine whether to proceed with development and

production;

(l) The term "development" means those activities which take

place following discovery of minerals in paying quantities,

including geophysical activity, drilling, platform construction,

and operation of all onshore support facilities, and which are for

the purpose of ultimately producing the minerals discovered;

(m) The term "production" means those activities which take place

after the successful completion of any means for the removal of

minerals, including such removal, field operations, transfer of

minerals to shore, operation monitoring, maintenance, and work-over

drilling;

(n) The term "antitrust law" means -

(1) the Sherman Act (15 U.S.C. 1 et seq.);

(2) the Clayton Act (15 U.S.C. 12 et seq.);

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

(4) the Wilson Tariff Act (15 U.S.C. 8 et seq.); or

(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21a);

(o) The term "fair market value" means the value of any mineral

(1) computed at a unit price equivalent to the average unit price

at which such mineral was sold pursuant to a lease during the

period for which any royalty or net profit share is accrued or

reserved to the United States pursuant to such lease, or (2) if

there were no such sales, or if the Secretary finds that there were

an insufficient number of such sales to equitably determine such

value, computed at the average unit price at which such mineral was

sold pursuant to other leases in the same region of the outer

Continental Shelf during such period, or (3) if there were no sales

of such mineral from such region during such period, or if the

Secretary finds that there are an insufficient number of such sales

to equitably determine such value, at an appropriate price

determined by the Secretary;

(p) The term "major Federal action" means any action or proposal

by the Secretary which is subject to the provisions of section

4332(2)(C) of title 42; and

(q) The term "minerals" includes oil, gas, sulphur,

geopressured-geothermal and associated resources, and all other

minerals which are authorized by an Act of Congress to be produced

from "public lands" as defined in section 1702 of this title.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462; Pub. L. 95-372, title

II, Sec. 201, Sept. 18, 1978, 92 Stat. 632.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Energy Organization Act, referred to in subsec.

(b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,

which is classified principally to chapter 84 (Sec. 7101 et seq.)

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of Title 42 and Tables.

Section 1454(b) of title 16, referred to in subsec. (e), was

amended generally by Pub. L. 101-508, title VI, Sec. 6205, Nov. 5,

1990, 104 Stat. 1388-302, and, as so amended, does not contain a

par. (1).

The Sherman Act, referred to in subsec. (n)(1), is act July 2,

1890, ch. 647, 26 Stat. 209, as amended, which enacted sections 1

to 7 of Title 15, Commerce and Trade. For complete classification

of this Act to the Code, see Short Title note set out under section

1 of Title 15 and Tables.

The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15,

1914, ch. 323, 38 Stat. 730, as amended, which is classified

generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of

Title 15, and sections 52 and 53 of Title 29, Labor. For further

details and complete classification of this Act to the Code, see

References in Text note set out under section 12 of Title 15 and

Tables.

The Federal Trade Commission Act, referred to in subsec. (n)(3),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15. For complete classification of this Act to the Code,

see section 58 of Title 15 and Tables.

The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug.

27, 1894, ch. 349, Secs. 73 to 77, 28 Stat. 570, as amended.

Sections 73 to 76 enacted sections 8 to 11 of Title 15. Section 77

is not classified to the Code. For complete classification of this

Act to the Code, see Short Title note set out under section 8 of

Title 15 and Tables.

Act of June 19, 1936, referred to in subsec. (n)(5), is act June

19, 1936, ch. 592, 49 Stat. 1526, popularly known as the

Robinson-Patman Act, the Robinson-Patman Antidiscrimination Act,

and the Robinson-Patman Price Discrimination Act, which enacted

sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and

amended section 13 of Title 15. For complete classification of this

Act to the Code, see Short Title note set out under section 13 of

Title 15 and Tables.

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-372, Sec. 201(a), inserted

provision that, with respect to functions under this subchapter

transferred to, or vested in, the Secretary of Energy or the

Federal Energy Regulatory Commission by or pursuant to the

Department of Energy Organization Act, "Secretary" means the

Secretary of Energy or the Federal Energy Regulatory Commission, as

the case may be.

Subsec. (c). Pub. L. 95-372, Sec. 201(a), substituted "lease" for

"mineral lease" as term defined and in definition of that term

substituted "any form of authorization which is issued under

section 1337 of this title or maintained under section 1335 of this

title and which authorizes exploration for, and development and

production of, minerals;" for "any form of authorization for the

exploration for, or development or removal of deposits of, oil,

gas, or other minerals; and".

Subsec. (d). Pub. L. 95-372, Sec. 201(b)(1), substituted

semicolon for period at end.

Subsecs. (e) to (q). Pub. L. 95-372, Sec. 201(b)(2), added

subsecs. (e) to (q).

SHORT TITLE OF 1978 AMENDMENT

For short title of Pub. L. 95-372 as the "Outer Continental Shelf

Lands Act Amendments of 1978", see section 1 of Pub. L. 95-372, set

out as a Short Title note under section 1801 of this title.

SHORT TITLE

For short title of act Aug. 7, 1953, which enacted this

subchapter, as the "Outer Continental Shelf Lands Act", see section

1 of act Aug. 7, 1953, set out as a note under section 1301 of this

chapter.

SEPARABILITY

Section 17 of act Aug. 7, 1953, provided that: "If any provision

of this Act [enacting this subchapter], or any section, subsection,

sentence, clause, phrase or individual word, or the application

thereof to any person or circumstance is held invalid, the validity

of the remainder of the Act and of the application of any such

provision, section, subsection, sentence, clause, phrase or

individual word to other persons and circumstances shall not be

affected thereby."

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

NAVAL PETROLEUM RESERVE

Section 13 of act Aug. 7, 1953, revoked Ex. Ord. No. 10426, Jan.

16, 1953, 18 F.R. 405, which had set aside certain submerged lands

as a naval petroleum reserve and had transferred functions with

respect thereto from the Secretary of the Interior to the Secretary

of the Navy.

-MISC2-

AUTHORIZATION OF APPROPRIATIONS

Section 16 of act Aug. 7, 1953, provided that: "There is hereby

authorized to be appropriated such sums as may be necessary to

carry out the provisions of this Act [enacting this subchapter]."

-EXEC-

PROC. NO. 5928. TERRITORIAL SEA OF UNITED STATES

Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided:

International law recognizes that coastal nations may exercise

sovereignty and jurisdiction over their territorial seas.

The territorial sea of the United States is a maritime zone

extending beyond the land territory and internal waters of the

United States over which the United States exercises sovereignty

and jurisdiction, a sovereignty and jurisdiction that extend to the

airspace over the territorial sea, as well as to its bed and

subsoil.

Extension of the territorial sea by the United States to the

limits permitted by international law will advance the national

security and other significant interests of the United States.

NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me

as President by the Constitution of the United States of America,

and in accordance with international law, do hereby proclaim the

extension of the territorial sea of the United States of America,

the Commonwealth of Puerto Rico, Guam, American Samoa, the United

States Virgin Islands, the Commonwealth of the Northern Mariana

Islands, and any other territory or possession over which the

United States exercises sovereignty.

The territorial sea of the United States henceforth extends to 12

nautical miles from the baselines of the United States determined

in accordance with international law.

In accordance with international law, as reflected in the

applicable provisions of the 1982 United Nations Convention on the

Law of the Sea, within the territorial sea of the United States,

the ships of all countries enjoy the right of innocent passage and

the ships and aircraft of all countries enjoy the right of transit

passage through international straits.

Nothing in this Proclamation:

(a) extends or otherwise alters existing Federal or State law or

any jurisdiction, rights, legal interests, or obligations derived

therefrom; or

(b) impairs the determination, in accordance with international

law, of any maritime boundary of the United States with a foreign

jurisdiction.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of

December, in the year of our Lord nineteen hundred and

eighty-eight, and of the Independence of the United States of

America the two hundred and thirteenth.

Ronald Reagan.

PROC. NO. 7219. CONTIGUOUS ZONE OF THE UNITED STATES

Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, provided:

International law recognizes that coastal nations may establish

zones contiguous to their territorial seas, known as contiguous

zones.

The contiguous zone of the United States is a zone contiguous to

the territorial sea of the United States, in which the United

States may exercise the control necessary to prevent infringement

of its customs, fiscal, immigration, or sanitary laws and

regulations within its territory or territorial sea, and to punish

infringement of the above laws and regulations committed within its

territory or territorial sea.

Extension of the contiguous zone of the United States to the

limits permitted by international law will advance the law

enforcement and public health interests of the United States.

Moreover, this extension is an important step in preventing the

removal of cultural heritage found within 24 nautical miles of the

baseline.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in

me as President by the Constitution of the United States, and in

accordance with international law, do hereby proclaim the extension

of the contiguous zone of the United States of America, including

the Commonwealth of Puerto Rico, Guam, American Samoa, the United

States Virgin Islands, the Commonwealth of the Northern Mariana

Islands, and any other territory or possession over which the

United States exercises sovereignty, as follows:

The contiguous zone of the United States extends to 24 nautical

miles from the baselines of the United States determined in

accordance with international law, but in no case within the

territorial sea of another nation.

In accordance with international law, reflected in the applicable

provisions of the 1982 Convention on the Law of the Sea, within the

contiguous zone of the United States the ships and aircraft of all

countries enjoy the high seas freedoms of navigation and overflight

and the laying of submarine cables and pipelines, and other

internationally lawful uses of the sea related to those freedoms,

such as those associated with the operation of ships, aircraft, and

submarine cables and pipelines, and compatible with the other

provisions of international law reflected in the 1982 Convention on

the Law of the Sea.

Nothing in this proclamation:

(a) amends existing Federal or State law;

(b) amends or otherwise alters the rights and duties of the

United States or other nations in the Exclusive Economic Zone of

the United States established by Proclamation 5030 of March 10,

1983 [16 U.S.C. 1453 note]; or

(c) impairs the determination, in accordance with international

law, of any maritime boundary of the United States with a foreign

jurisdiction.

IN WITNESS WHEREOF, I have hereunto set my hand this second day

of September, in the year of our Lord nineteen hundred and

ninety-nine, and of the Independence of the United States of

America the two hundred and twenty-fourth.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 168 of this title;

title 15 section 3301; title 16 section 1453; title 30 section

1702; title 33 section 1205; title 42 sections 6202, 7627; title 46

section 8103; title 50 App. section 2415.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "accordance".

-End-

-CITE-

43 USC Sec. 1332 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1332. Congressional declaration of policy

-STATUTE-

It is hereby declared to be the policy of the United States that

-

(1) the subsoil and seabed of the outer Continental Shelf

appertain to the United States and are subject to its

jurisdiction, control, and power of disposition as provided in

this subchapter;

(2) this subchapter shall be construed in such a manner that

the character of the waters above the outer Continental Shelf as

high seas and the right to navigation and fishing therein shall

not be affected;

(3) the outer Continental Shelf is a vital national resource

reserve held by the Federal Government for the public, which

should be made available for expeditious and orderly development,

subject to environmental safeguards, in a manner which is

consistent with the maintenance of competition and other national

needs;

(4) since exploration, development, and production of the

minerals of the outer Continental Shelf will have significant

impacts on coastal and non-coastal areas of the coastal States,

and on other affected States, and, in recognition of the national

interest in the effective management of the marine, coastal, and

human environments -

(A) such States and their affected local governments may

require assistance in protecting their coastal zones and other

affected areas from any temporary or permanent adverse effects

of such impacts;

(B) the distribution of a portion of the receipts from the

leasing of mineral resources of the outer Continental Shelf

adjacent to State lands, as provided under section 1337(g) of

this title, will provide affected coastal States and localities

with funds which may be used for the mitigation of adverse

economic and environmental effects related to the development

of such resources; and

(C) such States, and through such States, affected local

governments, are entitled to an opportunity to participate, to

the extent consistent with the national interest, in the policy

and planning decisions made by the Federal Government relating

to exploration for, and development and production of, minerals

of the outer Continental Shelf.(!1)

(5) the rights and responsibilities of all States and, where

appropriate, local governments, to preserve and protect their

marine, human, and coastal environments through such means as

regulation of land, air, and water uses, of safety, and of

related development and activity should be considered and

recognized; and

(6) operations in the outer Continental Shelf should be

conducted in a safe manner by well-trained personnel using

technology, precautions, and techniques sufficient to prevent or

minimize the likelihood of blowouts, loss of well control, fires,

spillages, physical obstruction to other users of the waters or

subsoil and seabed, or other occurrences which may cause damage

to the environment or to property, or endanger life or health.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 3, 67 Stat. 462; Pub. L. 95-372, title

II, Sec. 202, Sept. 18, 1978, 92 Stat. 634; Pub. L. 99-272, title

VIII, Sec. 8002, Apr. 7, 1986, 100 Stat. 148.)

-MISC1-

AMENDMENTS

1986 - Par. (4)(B), (C). Pub. L. 99-272 added subpar. (B) and

redesignated former subpar. (B) as (C).

1978 - Pub. L. 95-372 redesignated subsecs. (a) and (b) as pars.

(1) and (2) and added pars. (3) to (6).

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

43 USC Sec. 1333 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1333. Laws and regulations governing lands

-STATUTE-

(a) Constitution and United States laws; laws of adjacent States;

publication of projected State lines; international boundary

disputes; restriction on State taxation and jurisdiction

(1) The Constitution and laws and civil and political

jurisdiction of the United States are extended to the subsoil and

seabed of the outer Continental Shelf and to all artificial

islands, and all installations and other devices permanently or

temporarily attached to the seabed, which may be erected thereon

for the purpose of exploring for, developing, or producing

resources therefrom, or any such installation or other device

(other than a ship or vessel) for the purpose of transporting such

resources, to the same extent as if the outer Continental Shelf

were an area of exclusive Federal jurisdiction located within a

State: Provided, however, That mineral leases on the outer

Continental Shelf shall be maintained or issued only under the

provisions of this subchapter.

(2)(A) To the extent that they are applicable and not

inconsistent with this subchapter or with other Federal laws and

regulations of the Secretary now in effect or hereafter adopted,

the civil and criminal laws of each adjacent State, now in effect

or hereafter adopted, amended, or repealed are declared to be the

law of the United States for that portion of the subsoil and seabed

of the outer Continental Shelf, and artificial islands and fixed

structures erected thereon, which would be within the area of the

State if its boundaries were extended seaward to the outer margin

of the outer Continental Shelf, and the President shall determine

and publish in the Federal Register such projected lines extending

seaward and defining each such area. All of such applicable laws

shall be administered and enforced by the appropriate officers and

courts of the United States. State taxation laws shall not apply to

the outer Continental Shelf.

(B) Within one year after September 18, 1978, the President shall

establish procedures for setting (!1) any outstanding international

boundary dispute respecting the outer Continental Shelf.

(3) The provisions of this section for adoption of State law as

the law of the United States shall never be interpreted as a basis

for claiming any interest in or jurisdiction on behalf of any State

for any purpose over the seabed and subsoil of the outer

Continental Shelf, or the property and natural resources thereof or

the revenues therefrom.

(b) Longshore and Harbor Workers' Compensation Act applicable;

definitions

With respect to disability or death of an employee resulting from

any injury occurring as the result of operations conducted on the

outer Continental Shelf for the purpose of exploring for,

developing, removing, or transporting by pipeline the natural

resources, or involving rights to the natural resources, of the

subsoil and seabed of the outer Continental Shelf, compensation

shall be payable under the provisions of the Longshore and Harbor

Workers' Compensation Act [33 U.S.C. 901 et seq.]. For the purposes

of the extension of the provisions of the Longshore and Harbor

Workers' Compensation Act under this section -

(1) the term "employee" does not include a master or member of

a crew of any vessel, or an officer or employee of the United

States or any agency thereof or of any State or foreign

government, or of any political subdivision thereof;

(2) the term "employer" means an employer any of whose

employees are employed in such operations; and

(3) the term "United States" when used in a geographical sense

includes the outer Continental Shelf and artificial islands and

fixed structures thereon.

(c) National Labor Relations Act applicable

For the purposes of the National Labor Relations Act, as amended

[29 U.S.C. 151 et seq.], any unfair labor practice, as defined in

such Act, occurring upon any artificial island, installation, or

other device referred to in subsection (a) of this section shall be

deemed to have occurred within the judicial district of the State,

the laws of which apply to such artificial island, installation, or

other device pursuant to such subsection, except that until the

President determines the areas within which such State laws are

applicable, the judicial district shall be that of the State

nearest the place of location of such artificial island,

installation, or other device.

(d) Coast Guard regulations; marking of artificial islands,

installations, and other devices; failure of owner suitably to

mark according to regulations

(1) The Secretary of the Department in which the Coast Guard is

operating shall have authority to promulgate and enforce such

reasonable regulations with respect to lights and other warning

devices, safety equipment, and other matters relating to the

promotion of safety of life and property on the artificial islands,

installations, and other devices referred to in subsection (a) of

this section or on the waters adjacent thereto, as he may deem

necessary.

(2) The Secretary of the Department in which the Coast Guard is

operating may mark for the protection of navigation any artificial

island, installation, or other device referred to in subsection (a)

of this section whenever the owner has failed suitably to mark such

island, installation, or other device in accordance with

regulations issued under this subchapter, and the owner shall pay

the cost of such marking.

(e) Authority of Secretary of the Army to prevent obstruction to

navigation

The authority of the Secretary of the Army to prevent obstruction

to navigation in the navigable waters of the United States is

extended to the artificial islands, installations, and other

devices referred to in subsection (a) of this section.

(f) Provisions as nonexclusive

The specific application by this section of certain provisions of

law to the subsoil and seabed of the outer Continental Shelf and

the artificial islands, installations, and other devices referred

to in subsection (a) of this section or to acts or offenses

occurring or committed thereon shall not give rise to any inference

that the application to such islands and structures, acts, or

offenses of any other provision of law is not intended.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627, Sec.

19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II, Sec.

203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),

Sept. 28, 1984, 98 Stat. 1654.)

-REFTEXT-

REFERENCES IN TEXT

The Longshore and Harbor Workers' Compensation Act, referred to

in subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as

amended, which is classified generally to chapter 18 (Sec. 901 et

seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see section 901 of Title 33

and Tables.

The National Labor Relations Act, as amended, referred to in

subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, as

amended, which is classified generally to subchapter II (Sec. 151

et seq.) of chapter 7 of Title 29, Labor. For complete

classification of this Act to the Code, see section 167 of Title 29

and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-426 substituted "Longshore and

Harbor Workers' Compensation Act" for "Longshoremen's and Harbor

Workers' Compensation Act".

1978 - Subsec. (a)(1). Pub. L. 95-372, Sec. 203(a), substituted

", and all installations and other devices permanently or

temporarily attached to the seabed, which may be erected thereon

for the purpose of exploring for, developing, or producing

resources therefrom, or any such installation or other device

(other than a ship or vessel) for the purpose of transporting such

resources," for "and fixed structures which may be erected thereon

for the purpose of exploring for, developing, removing, and

transporting resources therefrom,".

Subsec. (a)(2). Pub. L. 95-372, Sec. 203(b), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (b). Pub. L. 95-372, Sec. 203(c), (h), redesignated

subsec. (c) as (b) and substituted "conducted on the outer

Continental Shelf for the purpose of exploring for, developing,

removing, or transporting by pipeline the natural resources, or

involving rights to the natural resources, of the subsoil and

seabed of the outer Continental Shelf," for "described in

subsection (b) of this section,". Former subsec. (b), relating to

the jurisdiction of United States district courts over cases and

controversies arising out of or in connection with operations

conducted on the outer Continental Shelf, was struck out. See

section 1349(b) of this title.

Subsec. (c). Pub. L. 95-372, Sec. 203(d), (h), redesignated

subsec. (d) as (c) and substituted "artificial island,

installation, or other device referred to in subsection (a) of this

section shall be deemed to have occurred within the judicial

district of the State, the laws of which apply to such artificial

island, installation, or other device pursuant to such subsection,

except that until the President determines the areas within such

State laws are applicable, the judicial district shall be that of

the State nearest the place of location of such artificial island,

installation, or other device" for "artificial island or fixed

structure referred to in subsection (a) of this section shall be

deemed to have occurred within the judicial district of the

adjacent State nearest the place of location of such island or

structure". Former subsec. (c) redesignated (b).

Subsec. (d)(1). Pub. L. 95-372, Sec. 203(e)(1), (f), (h),

redesignated subsec. (e)(1) as (d)(1), substituted "Secretary" for

"head" and "artificial islands, installations, and other devices"

for "islands and structures". Former subsec. (d) redesignated (c).

Subsec. (d)(2). Pub. L. 95-372, Sec. 203(g), (h), redesignated

subsec. (e)(2) as (d)(2) and substituted "Secretary" for "head" and

"artificial island, installation, or other device referred to in

subsection (a) of this section whenever the owner has failed

suitably to mark such island, installation, or other device in

accordance with regulations issued under this subchapter, and the

owner shall pay the cost of such marking" for "such island or

structure whenever the owner has failed suitably to mark the same

in accordance with regulations issued hereunder, and the owner

shall pay the cost thereof", and struck out provisions which had

made failure or refusal to obey any lawful rules and regulations a

misdemeanor punishable by a fine of not more than $100, with each

day during which such a violation would continue to be deemed a new

offense. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 95-372, Sec. 203(e)(2), (h), redesignated

subsec. (f) as (e) and substituted "the artificial islands,

installations, and other devices referred to in subsection (a) of

this section" for "artificial islands and fixed structures located

on the outer Continental Shelf". Former subsec. (e) redesignated

(d).

Subsecs. (f), (g). Pub. L. 95-372, Sec. 203(e)(3), (h),

redesignated subsec. (g) as (f) and substituted "the artificial

islands, installations, and other devices" for "the artificial

islands and fixed structures". Former subsec. (f) redesignated (e).

1975 - Subsec. (a)(2). Pub. L. 93-627 substituted "now in effect

or hereafter adopted, amended, or repealed" for "as of the

effective date of this Act" in first sentence.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1347, 1351 of this

title; title 33 sections 905, 941, 2104; title 46 App. section 883.

-FOOTNOTE-

(!1) So in original. Probably should be "settling".

-End-

-CITE-

43 USC Sec. 1334 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1334. Administration of leasing

-STATUTE-

(a) Rules and regulations; amendment; cooperation with State

agencies; subject matter and scope of regulations

The Secretary shall administer the provisions of this subchapter

relating to the leasing of the outer Continental Shelf, and shall

prescribe such rules and regulations as may be necessary to carry

out such provisions. The Secretary may at any time prescribe and

amend such rules and regulations as he determines to be necessary

and proper in order to provide for the prevention of waste and

conservation of the natural resources of the outer Continental

Shelf, and the protection of correlative rights therein, and,

notwithstanding any other provisions herein, such rules and

regulations shall, as of their effective date, apply to all

operations conducted under a lease issued or maintained under the

provisions of this subchapter. In the enforcement of safety,

environmental, and conservation laws and regulations, the Secretary

shall cooperate with the relevant departments and agencies of the

Federal Government and of the affected States. In the formulation

and promulgation of regulations, the Secretary shall request and

give due consideration to the views of the Attorney General with

respect to matters which may affect competition. In considering any

regulations and in preparing any such views, the Attorney General

shall consult with the Federal Trade Commission. The regulations

prescribed by the Secretary under this subsection shall include,

but not be limited to, provisions -

(1) for the suspension or temporary prohibition of any

operation or activity, including production, pursuant to any

lease or permit (A) at the request of a lessee, in the national

interest, to facilitate proper development of a lease or to allow

for the construction or negotiation for use of transportation

facilities, or (B) if there is a threat of serious, irreparable,

or immediate harm or damage to life (including fish and other

aquatic life), to property, to any mineral deposits (in areas

leased or not leased), or to the marine, coastal, or human

environment, and for the extension of any permit or lease

affected by suspension or prohibition under clause (A) or (B) by

a period equivalent to the period of such suspension or

prohibition, except that no permit or lease shall be so extended

when such suspension or prohibition is the result of gross

negligence or willful violation of such lease or permit, or of

regulations issued with respect to such lease or permit;

(2) with respect to cancellation of any lease or permit -

(A) that such cancellation may occur at any time, if the

Secretary determines, after a hearing, that -

(i) continued activity pursuant to such lease or permit

would probably cause serious harm or damage to life

(including fish and other aquatic life), to property, to any

mineral (in areas leased or not leased), to the national

security or defense, or to the marine, coastal, or human

environment;

(ii) the threat of harm or damage will not disappear or

decrease to an acceptable extent within a reasonable period

of time; and

(iii) the advantages of cancellation outweigh the

advantages of continuing such lease or permit force;

(B) that such cancellation shall not occur unless and until

operations under such lease or permit shall have been under

suspension, or temporary prohibition, by the Secretary, with

due extension of any lease or permit term continuously for a

period of five years, or for a lesser period upon request of

the lessee;

(C) that such cancellation shall entitle the lessee to

receive such compensation as he shows to the Secretary as being

equal to the lesser of (i) the fair value of the canceled

rights as of the date of cancellation, taking account of both

anticipated revenues from the lease and anticipated costs,

including costs of compliance with all applicable regulations

and operating orders, liability for cleanup costs or damages,

or both, in the case of an oilspill, and all other costs

reasonably anticipated on the lease, or (ii) the excess, if

any, over the lessee's revenues, from the lease (plus interest

thereon from the date of receipt to date of reimbursement) of

all consideration paid for the lease and all direct

expenditures made by the lessee after the date of issuance of

such lease and in connection with exploration or development,

or both, pursuant to the lease (plus interest on such

consideration and such expenditures from date of payment to

date of reimbursement), except that (I) with respect to leases

issued before September 18, 1978, such compensation shall be

equal to the amount specified in clause (i) of this

subparagraph; and (II) in the case of joint leases which are

canceled due to the failure of one or more partners to exercise

due diligence, the innocent parties shall have the right to

seek damages for such loss from the responsible party or

parties and the right to acquire the interests of the negligent

party or parties and be issued the lease in question;

(3) for the assignment or relinquishment of a lease;

(4) for unitization, pooling, and drilling agreements;

(5) for the subsurface storage of oil and gas other than by the

Federal Government;

(6) for drilling or easements necessary for exploration,

development, and production;

(7) for the prompt and efficient exploration and development of

a lease area; and

(8) for compliance with the national ambient air quality

standards pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.),

to the extent that activities authorized under this subchapter

significantly affect the air quality of any State.

(b) Compliance with regulations as condition for issuance,

continuation, assignment, or other transfer of leases

The issuance and continuance in effect of any lease, or of any

assignment or other transfer of any lease, under the provisions of

this subchapter shall be conditioned upon compliance with

regulations issued under this subchapter.

(c) Cancellation of nonproducing lease

Whenever the owner of a nonproducing lease fails to comply with

any of the provisions of this subchapter, or of the lease, or of

the regulations issued under this subchapter, such lease may be

canceled by the Secretary, subject to the right of judicial review

as provided in this subchapter, if such default continues for the

period of thirty days after mailing of notice by registered letter

to the lease owner at his record post office address.

(d) Cancellation of producing lease

Whenever the owner of any producing lease fails to comply with

any of the provisions of this subchapter, of the lease, or of the

regulations issued under this subchapter, such lease may be

forfeited and canceled by an appropriate proceeding in any United

States district court having jurisdiction under the provisions of

this subchapter.

(e) Pipeline rights-of-way; forfeiture of grant

Rights-of-way through the submerged lands of the outer

Continental Shelf, whether or not such lands are included in a

lease maintained or issued pursuant to this subchapter, may be

granted by the Secretary for pipeline purposes for the

transportation of oil, natural gas, sulphur, or other minerals, or

under such regulations and upon such conditions as may be

prescribed by the Secretary, or where appropriate the Secretary of

Transportation, including (as provided in section 1347(b) of this

title) assuring maximum environmental protection by utilization of

the best available and safest technologies, including the safest

practices for pipeline burial and upon the express condition that

oil or gas pipelines shall transport or purchase without

discrimination, oil or natural gas produced from submerged lands or

outer Continental Shelf lands in the vicinity of the pipelines in

such proportionate amounts as the Federal Energy Regulatory

Commission, in consultation with the Secretary of Energy, may,

after a full hearing with due notice thereof to the interested

parties, determine to be reasonable, taking into account, among

other things, conservation and the prevention of waste. Failure to

comply with the provisions of this section or the regulations and

conditions prescribed under this section shall be grounds for

forfeiture of the grant in an appropriate judicial proceeding

instituted by the United States in any United States district court

having jurisdiction under the provisions of this subchapter.

(f) Competitive principles governing pipeline operation

(1) Except as provided in paragraph (2), every permit, license,

easement, right-of-way, or other grant of authority for the

transportation by pipeline on or across the outer Continental Shelf

of oil or gas shall require that the pipeline be operated in

accordance with the following competitive principles:

(A) The pipeline must provide open and nondiscriminatory access

to both owner and nonowner shippers.

(B) Upon the specific request of one or more owner or nonowner

shippers able to provide a guaranteed level of throughput, and on

the condition that the shipper or shippers requesting such

expansion shall be responsible for bearing their proportionate

share of the costs and risks related thereto, the Federal Energy

Regulatory Commission may, upon finding, after a full hearing

with due notice thereof to the interested parties, that such

expansion is within technological limits and economic

feasibility, order a subsequent expansion of throughput capacity

of any pipeline for which the permit, license, easement,

right-of-way, or other grant of authority is approved or issued

after September 18, 1978. This subparapraph (!1) shall not apply

to any such grant of authority approved or issued for the Gulf of

Mexico or the Santa Barbara Channel.

(2) The Federal Energy Regulatory Commission may, by order or

regulation, exempt from any or all of the requirements of paragraph

(1) of this subsection any pipeline or class of pipelines which

feeds into a facility where oil and gas are first collected or a

facility where oil and gas are first separated, dehydrated, or

otherwise processed.

(3) The Secretary of Energy and the Federal Energy Regulatory

Commission shall consult with and give due consideration to the

views of the Attorney General on specific conditions to be included

in any permit, license, easement, right-of-way, or grant of

authority in order to ensure that pipelines are operated in

accordance with the competitive principles set forth in paragraph

(1) of this subsection. In preparing any such views, the Attorney

General shall consult with the Federal Trade Commission.

(4) Nothing in this subsection shall be deemed to limit, abridge,

or modify any authority of the United States under any other

provision of law with respect to pipelines on or across the outer

Continental Shelf.

(g) Rates of production

(1) The leasee (!2) shall produce any oil or gas, or both,

obtained pursuant to an approved development and production plan,

at rates consistent with any rule or order issued by the President

in accordance with any provision of law.

(2) If no rule or order referred to in paragraph (1) has been

issued, the lessee shall produce such oil or gas, or both, at rates

consistent with any regulation promulgated by the Secretary of

Energy which is to assure the maximum rate of production which may

be sustained without loss of ultimate recovery of oil or gas, or

both, under sound engineering and economic principles, and which is

safe for the duration of the activity covered by the approved plan.

The Secretary may permit the lessee to vary such rates if he finds

that such variance is necessary.

(h) Federal action affecting outer Continental Shelf; notification;

recommended changes

The head of any Federal department or agency who takes any action

which has a direct and significant effect on the outer Continental

Shelf or its development shall promptly notify the Secretary of

such action and the Secretary shall thereafter notify the Governor

of any affected State and the Secretary may thereafter recommend

such changes in such action as are considered appropriate.

(i) Flaring of natural gas

After September 18, 1978, no holder of any oil and gas lease

issued or maintained pursuant to this subchapter shall be permitted

to flare natural gas from any well unless the Secretary finds that

there is no practicable way to complete production of such gas, or

that such flaring is necessary to alleviate a temporary emergency

situation or to conduct testing or work-over operations.

(j) Cooperative development of common hydrocarbon-bearing areas

(1) Findings

(A) (!3) The Congress of the United States finds that the

unrestrained competitive production of hydrocarbons from a common

hydrocarbon-bearing geological area underlying the Federal and

State boundary may result in a number of harmful national

effects, including -

(i) the drilling of unnecessary wells, the installation of

unnecessary facilities and other imprudent operating practices

that result in economic waste, environmental damage, and damage

to life and property;

(ii) the physical waste of hydrocarbons and an unnecessary

reduction in the amounts of hydrocarbons that can be produced

from certain hydrocarbon-bearing areas; and

(iii) the loss of correlative rights which can result in the

reduced value of national hydrocarbon resources and disorders

in the leasing of Federal and State resources.

(2) Prevention of harmful effects

The Secretary shall prevent, through the cooperative

development of an area, the harmful effects of unrestrained

competitive production of hydrocarbons from a common

hydrocarbon-bearing area underlying the Federal and State

boundary.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 5, 67 Stat. 464; Pub. L. 95-372, title

II, Sec. 204, Sept. 18, 1978, 92 Stat. 636; Pub. L. 101-380, title

VI, Sec. 6004(a), Aug. 18, 1990, 104 Stat. 558.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (a)(8), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (j). Pub. L. 101-380 added subsec. (j).

1978 - Subsec. (a). Pub. L. 95-372 expanded provisions formerly

contained in subsec. (a)(1) so as to include the enforcement of

safety and environmental laws and regulations, consultation with

the Attorney General and the Federal Trade Commission, and

regulations for the suspension or temporary prohibition of any

operation or activity including production, the cancellation of

leases or permits, the prompt and efficient exploration and

development of a lease area, and compliance with the national

ambient air quality standards to the extent that activities

authorized significantly affect the air quality of any State.

Subsec. (b). Pub. L. 95-372 redesignated as subsec. (b)

provisions formerly contained in subsec. (a)(2) conditioning the

issuance and continuation of leases or of assignments or other

transfers of leases upon compliance with regulations, and struck

out provisions that had set a penalty of a fine of not more than

$2,000 or imprisonment for not more than six months or both for the

knowing and willful violation of rules or regulations promulgated

by the Secretary. See section 1350 of this title.

Subsec. (c). Pub. L. 95-372 redesignated as subsec. (c)

provisions formerly contained in subsec. (b)(1) covering the

cancellation of nonproducing leases for failure of the owner to

comply with any of the provisions of this subchapter, or of the

lease, or of the regulations issued under this subchapter.

Subsec. (d). Pub. L. 95-372 redesignated as subsec. (d)

provisions formerly contained in subsec. (b)(2) covering the

cancellation and forfeiture of producing leases for failure of the

owner to comply with any of the provisions of this subchapter, the

lease, or regulations promulgated under this subchapter.

Subsec. (e). Pub. L. 95-372 redesignated as subsec. (e)

provisions formerly contained in subsec. (c) relating to pipeline

rights-of-way and inserted provisions relating to regulations

prescribed by the Secretary of Transportation and assurances of

maximum environmental protection through the use of the best

available and safest technologies including the safest practices

for pipeline burial, and substituted references to the Federal

Energy Regulatory Commission and the Secretary of Energy for

existing references to the Federal Power Commission and the

Interstate Commerce Commission.

Subsecs. (f) to (i). Pub. L. 95-372 added subsecs. (f) to (i).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested in, or delegated to, Secretary of Energy and

Department of Energy under or with respect to subsec. (g)(2) of

this section, transferred to, and vested in, Secretary of the

Interior, by section 100 of Pub. L. 97-257, 96 Stat. 841, set out

as a note under section 7152 of Title 42, The Public Health and

Welfare.

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42. Section 7152(b)

of Title 42 was repealed by Pub. L. 97-100, title II, Sec. 201,

Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy

returned to Secretary of the Interior. See House Report No. 97-315,

pp. 25, 26, Nov. 5, 1981.

-MISC2-

WEST DELTA FIELD

Section 6004(b) of Pub. L. 101-380 provided that: "Section 5(j)

of the Outer Continental Shelf Lands Act [43 U.S.C. 1334(j)], as

added by this section, shall not be applicable with respect to

Blocks 17 and 18 of the West Delta Field offshore Louisiana."

KEY LARGO CORAL REEF PRESERVE

Secretary of the Interior to prescribe rules and regulations

governing the protection and conservation of the coral and other

mineral resources in the area designated Key Largo Coral Reef

Preserve, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set out

as a note under section 461 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1335, 1337, 1340, 1351 of

this title; title 42 section 7627.

-FOOTNOTE-

(!1) So in original. Probably should be "subparagraph".

(!2) So in original. Probably should be "lessee".

(!3) So in original. No subpar. (B) has been enacted.

-End-

-CITE-

43 USC Sec. 1335 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1335. Validation and maintenance of prior leases

-STATUTE-

(a) Requirements for validation

The provisions of this section shall apply to any mineral lease

covering submerged lands of the outer Continental Shelf issued by

any State (including any extension, renewal, or replacement thereof

heretofore granted pursuant to such lease or under the laws of such

State) if -

(1) such lease, or a true copy thereof, is filed with the

Secretary by the lessee or his duly authorized agent within

ninety days from August 7, 1953, or within such further period or

periods as provided in section 1336 of this title or as may be

fixed from time to time by the Secretary;

(2) such lease was issued prior to December 21, 1948, and would

have been on June 5, 1950, in force and effect in accordance with

its terms and provisions and the law of the State issuing it had

the State had the authority to issue such lease;

(3) there is filed with the Secretary, within the period or

periods specified in paragraph (1) of this subsection, (A) a

certificate issued by the State official or agency having

jurisdiction over such lease stating that it would have been in

force and effect as required by the provisions of paragraph (2)

of this subsection, or (B) in the absence of such certificate,

evidence in the form of affidavits, receipts, canceled checks, or

other documents that may be required by the Secretary, sufficient

to prove that such lease would have been so in force and effect;

(4) except as otherwise provided in section 1336 of this title

hereof, all rents, royalties, and other sums payable under such

lease between June 5, 1950, and August 7, 1953, which have not

been paid in accordance with the provisions thereof, or to the

Secretary or to the Secretary of the Navy, are paid to the

Secretary within the period or periods specified in paragraph (1)

of this subsection, and all rents, royalties, and other sums

payable under such lease after August 7, 1953, are paid to the

Secretary, who shall deposit such payments in the Treasury in

accordance with section 1338 of this title;

(5) the holder of such lease certifies that such lease shall

continue to be subject to the overriding royalty obligations

existing on August 7, 1953;

(6) such lease was not obtained by fraud or misrepresentation;

(7) such lease, if issued on or after June 23, 1947, was issued

upon the basis of competitive bidding;

(8) such lease provides for a royalty to the lessor on oil and

gas of not less than 12 1/2 per centum and on sulphur of not

less than 5 per centum in amount or value of the production

saved, removed, or sold from the lease, or, in any case in which

the lease provides for a lesser royalty, the holder thereof

consents in writing, filed with the Secretary, to the increase of

the royalty to the minimum herein specified;

(9) the holder thereof pays to the Secretary within the period

or periods specified in paragraph (1) of this subsection an

amount equivalent to any severance, gross production, or

occupation taxes imposed by the State issuing the lease on the

production from the lease, less the State's royalty interest in

such production, between June 5, 1950, and August 7, 1953 and not

heretofore paid to the State, and thereafter pays to the

Secretary as an additional royalty on the production from the

lease, less the United States' royalty interest in such

production, a sum of money equal to the amount of the severance,

gross production, or occupation taxes which would have been

payable on such production to the State issuing the lease under

its laws as they existed on August 7, 1953;

(10) such lease will terminate within a period of not more than

five years from August 7, 1953 in the absence of production or

operations for drilling, or, in any case in which the lease

provides for a longer period, the holder thereof consents in

writing, filed with the Secretary, to the reduction of such

period so that it will not exceed the maximum period herein

specified; and

(11) the holder of such lease furnishes such surety bond, if

any, as the Secretary may require and complies with such other

reasonable requirements as the Secretary may deem necessary to

protect the interests of the United States.

(b) Conduct of operations under lease; sulphur rights

Any person holding a mineral lease, which as determined by the

Secretary meets the requirements of subsection (a) of this section,

may continue to maintain such lease, and may conduct operations

thereunder, in accordance with (1) its provisions as to the area,

the minerals covered, rentals and, subject to the provisions of

paragraphs (8)-(10) of subsection (a) of this section, as to

royalties and as to the term thereof and of any extensions,

renewals, or replacements authorized therein or heretofore

authorized by the laws of the State issuing such lease, or, if oil

or gas was not being produced in paying quantities from such lease

on or before December 11, 1950, or if production in paying

quantities has ceased since June 5, 1950, or if the primary term of

such lease has expired since December 11, 1950, then for a term

from August 7, 1953 equal to the term remaining unexpired on

December 11, 1950, under the provisions of such lease or any

extensions, renewals, or replacements authorized therein, or

heretofore authorized by the laws of such State, and (2) such

regulations as the Secretary may under section 1334 of this title

prescribe within ninety days after making his determination that

such lease meets the requirements of subsection (a) of this

section: Provided, however, That any rights to sulphur under any

lease maintained under the provisions of this subsection shall not

extend beyond the primary term of such lease or any extension

thereof under the provisions of this subsection unless sulphur is

being produced in paying quantities or drilling, well reworking,

plant construction, or other operations for the production of

sulphur, as approved by the Secretary, are being conducted on the

area covered by such lease on the date of expiration of such

primary term or extension: Provided further, That if sulphur is

being produced in paying quantities on such date, then such rights

shall continue to be maintained in accordance with such lease and

the provisions of this subchapter: Provided further, That, if the

primary term of a lease being maintained under this subsection has

expired prior to August 7, 1953 and oil or gas is being produced in

paying quantities on such date, then such rights to sulphur as the

lessee may have under such lease shall continue for twenty-four

months from August 7, 1953 and as long thereafter as sulphur is

produced in paying quantities, or drilling, well working, plant

construction, or other operations for the production of sulphur, as

approved by the Secretary, are being conducted on the area covered

by the lease.

(c) Nonwaiver of United States claims

The permission granted in subsection (b) of this section shall

not be construed to be a waiver of such claims, if any, as the

United States may have against the lessor or the lessee or any

other person respecting sums payable or paid for or under the

lease, or respecting activities conducted under the lease, prior to

August 7, 1953.

(d) Judicial review of determination

Any person complaining of a negative determination by the

Secretary of the Interior under this section may have such

determination reviewed by the United States District Court for the

District of Columbia by filing a petition for review within sixty

days after receiving notice of such action by the Secretary.

(e) Lands beneath navigable waters

In the event any lease maintained under this section covers lands

beneath navigable waters, as that term is used in the Submerged

Lands Act [43 U.S.C. 1301 et seq.], as well as lands of the outer

Continental Shelf, the provisions of this section shall apply to

such lease only insofar as it covers lands of the outer Continental

Shelf.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 6, 67 Stat. 465.)

-REFTEXT-

REFERENCES IN TEXT

The Submerged Lands Act, referred to in subsec. (e), is act May

22, 1953, ch. 65, 67 Stat. 29, which is classified generally to

subchapters I (Sec. 1301 et seq.) and II (Sec. 1311 et seq.) of

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 1301 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1336, 1337, 1353,

1356a of this title.

-End-

-CITE-

43 USC Sec. 1336 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1336. Controversies over jurisdiction; agreements; payments;

final settlement or adjudication; approval of notice concerning

oil and gas operations in Gulf of Mexico

-STATUTE-

In the event of a controversy between the United States and a

State as to whether or not lands are subject to the provisions of

this subchapter, the Secretary is authorized, notwithstanding the

provisions of section 1335(a) and (b) of this title and with the

concurrence of the Attorney General of the United States, to

negotiate and enter into agreements with the State, its political

subdivision or grantee or a lessee thereof, respecting operations

under existing mineral leases and payment and impounding of rents,

royalties, and other sums payable thereunder, or with the State,

its political subdivision or grantee, respecting the issuance or

nonissuance of new mineral leases pending the settlement or

adjudication of the controversy. The authorization contained in the

preceding sentence of this section shall not be construed to be a

limitation upon the authority conferred on the Secretary in other

sections of this subchapter. Payments made pursuant to such

agreement, or pursuant to any stipulation between the United States

and a State, shall be considered as compliance with section

1335(a)(4) of this title. Upon the termination of such agreement or

stipulation by reason of the final settlement or adjudication of

such controversy, if the lands subject to any mineral lease are

determined to be in whole or in part lands subject to the

provisions of this subchapter, the lessee, if he has not already

done so, shall comply with the requirements of section 1335(a) of

this title, and thereupon the provisions of section 1335(b) of this

title shall govern such lease. The notice concerning "Oil and Gas

Operations in the Submerged Coastal Lands of the Gulf of Mexico"

issued by the Secretary on December 11, 1950 (15 F.R. 8835), as

amended by the notice dated January 26, 1951 (16 F.R. 953), and as

supplemented by the notices dated February 2, 1951 (16 F.R. 1203),

March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. 3623), June

25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), October

24, 1951 (16 F.R. 10998), December 21, 1951 (17 F.R. 43), March 25,

1952 (17 F.R. 2821), June 26, 1952 (17 F.R. 5833), and December 24,

1952 (18 F.R. 48), respectively, is approved and confirmed.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 7, 67 Stat. 467.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1335, 1337, 1353 of this

title.

-End-

-CITE-

43 USC Sec. 1337 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1337. Grant of leases by Secretary

-STATUTE-

(a) Oil and gas leases; award to highest responsible qualified

bidder; method of bidding; royalty relief; Congressional

consideration of bidding system; notice

(1) The Secretary is authorized to grant to the highest

responsible qualified bidder or bidders by competitive bidding,

under regulations promulgated in advance, any oil and gas lease on

submerged lands of the outer Continental Shelf which are not

covered by leases meeting the requirements of subsection (a) of

section 1335 of this title. Such regulations may provide for the

deposit of cash bids in an interest-bearing account until the

Secretary announces his decision on whether to accept the bids,

with the interest earned thereon to be paid to the Treasury as to

bids that are accepted and to the unsuccessful bidders as to bids

that are rejected. The bidding shall be by sealed bid and, at the

discretion of the Secretary, on the basis of -

(A) cash bonus bid with a royalty at not less than 12 1/2 per

centum fixed by the Secretary in amount or value of the

production saved, removed, or sold;

(B) variable royalty bid based on a per centum in amount or

value of the production saved, removed, or sold, with either a

fixed work commitment based on dollar amount for exploration or a

fixed cash bonus as determined by the Secretary, or both;

(C) cash bonus bid, or work commitment bid based on a dollar

amount for exploration with a fixed cash bonus, and a diminishing

or sliding royalty based on such formulae as the Secretary shall

determine as equitable to encourage continued production from the

lease area as resources diminish, but not less than 12 1/2 per

centum at the beginning of the lease period in amount or value of

the production saved, removed, or sold;

(D) cash bonus bid with a fixed share of the net profits of no

less than 30 per centum to be derived from the production of oil

and gas from the lease area;

(E) fixed cash bonus with the net profit share reserved as the

bid variable;

(F) cash bonus bid with a royalty at no less than 12 1/2 per

centum fixed by the Secretary in amount or value of the

production saved, removed, or sold and a fixed per centum share

of net profits of no less than 30 per centum to be derived from

the production of oil and gas from the lease area;

(G) work commitment bid based on a dollar amount for

exploration with a fixed cash bonus and a fixed royalty in amount

or value of the production saved, removed, or sold;

(H) cash bonus bid with royalty at no less than 12 and 1/2

per centum fixed by the Secretary in amount or value of

production saved, removed, or sold, and with suspension of

royalties for a period, volume, or value of production determined

by the Secretary, which suspensions may vary based on the price

of production from the lease; or

(I) subject to the requirements of paragraph (4) of this

subsection, any modification of bidding systems authorized in

subparagraphs (A) through (G), or any other systems of bid

variables, terms, and conditions which the Secretary determines

to be useful to accomplish the purposes and policies of this

subchapter, except that no such bidding system or modification

shall have more than one bid variable.

(2) The Secretary may, in his discretion, defer any part of the

payment of the cash bonus, as authorized in paragraph (1) of this

subsection, according to a schedule announced at the time of the

announcement of the lease sale, but such payment shall be made in

total no later than five years after the date of the lease sale.

(3)(A) The Secretary may, in order to promote increased

production on the lease area, through direct, secondary, or

tertiary recovery means, reduce or eliminate any royalty or net

profit share set forth in the lease for such area.

(B) In the Western and Central Planning Areas of the Gulf of

Mexico and the portion of the Eastern Planning Area of the Gulf of

Mexico encompassing whole lease blocks lying west of 87 degrees, 30

minutes West longitude, the Secretary may, in order to -

(i) promote development or increased production on producing or

non-producing leases; or

(ii) encourage production of marginal resources on producing or

non-producing leases;

through primary, secondary, or tertiary recovery means, reduce or

eliminate any royalty or net profit share set forth in the

lease(s). With the lessee's consent, the Secretary may make other

modifications to the royalty or net profit share terms of the lease

in order to achieve these purposes.

(C)(i) Notwithstanding the provisions of this subchapter other

than this subparagraph, with respect to any lease or unit in

existence on November 28, 1995, meeting the requirements of this

subparagraph, no royalty payments shall be due on new production,

as defined in clause (iv) of this subparagraph, from any lease or

unit located in water depths of 200 meters or greater in the

Western and Central Planning Areas of the Gulf of Mexico, including

that portion of the Eastern Planning Area of the Gulf of Mexico

encompassing whole lease blocks lying west of 87 degrees, 30

minutes West longitude, until such volume of production as

determined pursuant to clause (ii) has been produced by the lessee.

(ii) Upon submission of a complete application by the lessee, the

Secretary shall determine within 180 days of such application

whether new production from such lease or unit would be economic in

the absence of the relief from the requirement to pay royalties

provided for by clause (i) of this subparagraph. In making such

determination, the Secretary shall consider the increased

technological and financial risk of deep water development and all

costs associated with exploring, developing, and producing from the

lease. The lessee shall provide information required for a complete

application to the Secretary prior to such determination. The

Secretary shall clearly define the information required for a

complete application under this section. Such application may be

made on the basis of an individual lease or unit. If the Secretary

determines that such new production would be economic in the

absence of the relief from the requirement to pay royalties

provided for by clause (i) of this subparagraph, the provisions of

clause (i) shall not apply to such production. If the Secretary

determines that such new production would not be economic in the

absence of the relief from the requirement to pay royalties

provided for by clause (i), the Secretary must determine the volume

of production from the lease or unit on which no royalties would be

due in order to make such new production economically viable;

except that for new production as defined in clause (iv)(I), in no

case will that volume be less than 17.5 million barrels of oil

equivalent in water depths of 200 to 400 meters, 52.5 million

barrels of oil equivalent in 400-800 meters of water, and 87.5

million barrels of oil equivalent in water depths greater than 800

meters. Redetermination of the applicability of clause (i) shall be

undertaken by the Secretary when requested by the lessee prior to

the commencement of the new production and upon significant change

in the factors upon which the original determination was made. The

Secretary shall make such redetermination within 120 days of

submission of a complete application. The Secretary may extend the

time period for making any determination or redetermination under

this clause for 30 days, or longer if agreed to by the applicant,

if circumstances so warrant. The lessee shall be notified in

writing of any determination or redetermination and the reasons for

and assumptions used for such determination. Any determination or

redetermination under this clause shall be a final agency action.

The Secretary's determination or redetermination shall be

judicially reviewable under section 702 of title 5, only for

actions filed within 30 days of the Secretary's determination or

redetermination.

(iii) In the event that the Secretary fails to make the

determination or redetermination called for in clause (ii) upon

application by the lessee within the time period, together with any

extension thereof, provided for by clause (ii), no royalty payments

shall be due on new production as follows:

(I) For new production, as defined in clause (iv)(I) of this

subparagraph, no royalty shall be due on such production

according to the schedule of minimum volumes specified in clause

(ii) of this subparagraph.

(II) For new production, as defined in clause (iv)(II) of this

subparagraph, no royalty shall be due on such production for one

year following the start of such production.

(iv) For purposes of this subparagraph, the term "new production"

is -

(I) any production from a lease from which no royalties are due

on production, other than test production, prior to November 28,

1995; or

(II) any production resulting from lease development activities

pursuant to a Development Operations Coordination Document, or

supplement thereto that would expand production significantly

beyond the level anticipated in the Development Operations

Coordination Document, approved by the Secretary after November

28, 1995.

(v) During the production of volumes determined pursuant to

clauses (!1) (ii) or (iii) of this subparagraph, in any year during

which the arithmetic average of the closing prices on the New York

Mercantile Exchange for light sweet crude oil exceeds $28.00 per

barrel, any production of oil will be subject to royalties at the

lease stipulated royalty rate. Any production subject to this

clause shall be counted toward the production volume determined

pursuant to clause (ii) or (iii). Estimated royalty payments will

be made if such average of the closing prices for the previous year

exceeds $28.00. After the end of the calendar year, when the new

average price can be calculated, lessees will pay any royalties

due, with interest but without penalty, or can apply for a refund,

with interest, of any overpayment.

(vi) During the production of volumes determined pursuant to

clause (ii) or (iii) of this subparagraph, in any year during which

the arithmetic average of the closing prices on the New York

Mercantile Exchange for natural gas exceeds $3.50 per million

British thermal units, any production of natural gas will be

subject to royalties at the lease stipulated royalty rate. Any

production subject to this clause shall be counted toward the

production volume determined pursuant to clauses (!1) (ii) or

(iii). Estimated royalty payments will be made if such average of

the closing prices for the previous year exceeds $3.50. After the

end of the calendar year, when the new average price can be

calculated, lessees will pay any royalties due, with interest but

without penalty, or can apply for a refund, with interest, of any

overpayment.

(vii) The prices referred to in clauses (v) and (vi) of this

subparagraph shall be changed during any calendar year after 1994

by the percentage, if any, by which the implicit price deflator for

the gross domestic product changed during the preceding calendar

year.

(4)(A) The Secretary of Energy shall submit any bidding system

authorized in subparagraph (H) of paragraph (1) to the Senate and

House of Representatives. The Secretary may institute such bidding

system unless either the Senate or the House of Representatives

passes a resolution of disapproval within thirty days after receipt

of the bidding system.

(B) Subparagraphs (C) through (J) of this paragraph are enacted

by Congress -

(i) as an exercise of the rulemaking power of the Senate and

the House of Representatives, respectively, and as such they are

deemed a part of the rules of each House, respectively, but they

are applicable only with respect to the procedures to be followed

in that House in the case of resolutions described by this

paragraph, and they supersede other rules only to the extent that

they are inconsistent therewith; and

(ii) with full recognition of the constitutional right of

either House to change the rules (so far as relating to the

procedure of that House) at any time, in the same manner, and to

the same extent as in the case of any other rule of that House.

(C) A resolution disapproving a bidding system submitted pursuant

to this paragraph shall immediately be referred to a committee (and

all resolutions with respect to the same request shall be referred

to the same committee) by the President of the Senate or the

Speaker of the House of Representatives, as the case may be.

(D) If the committee to which has been referred any resolution

disapproving the bidding system of the Secretary has not reported

the resolution at the end of ten calendar days after its referral,

it shall be in order to move either to discharge the committee from

further consideration of the resolution or to discharge the

committee from further consideration of any other resolution with

respect to the same bidding system which has been referred to the

committee.

(E) A motion to discharge may be made only by an individual

favoring the resolution, shall be highly privileged (except that it

may not be made after the committee has reported a resolution with

respect to the same recommendation), and debate thereon shall be

limited to not more than one hour, to be divided equally between

those favoring and those opposing the resolution. An amendment to

the motion shall not be in order, and it shall not be in order to

move to reconsider the vote by which the motion is agreed to or

disagreed to.

(F) If the motion to discharge is agreed to or disagreed to, the

motion may not be renewed, nor may another motion to discharge the

committee be made with respect to any other resolution with respect

to the same bidding system.

(G) When the committee has reported, or has been discharged from

further consideration of, a resolution as provided in this

paragraph, it shall be at any time thereafter in order (even though

a previous motion to the same effect has been disagreed to) to move

to proceed to the consideration of the resolution. The motion shall

be highly privileged and shall not be debatable. An amendment to

the motion shall not be in order, and it shall not be in order to

move to reconsider the vote by which the motion is agreed to or

disagreed to.

(H) Debate on the resolution is limited to not more than two

hours, to be divided equally between those favoring and those

opposing the resolution. A motion further to limit debate is not

debatable. An amendment to, or motion to recommit, the resolution

is not in order, and it is not in order to move to reconsider the

vote by which the resolution is agreed to or disagreed to.

(I) Motions to postpone, made with respect to the discharge from

the committee, or the consideration of a resolution with respect to

a bidding system, and motions to proceed to the consideration of

other business, shall be decided without debate.

(J) Appeals from the decisions of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedure relating to a

resolution with respect to a bidding system shall be decided

without debate.

(5)(A) During the five-year period commencing on September 18,

1978, the Secretary may, in order to obtain statistical information

to determine which bidding alternatives will best accomplish the

purposes and policies of this subchapter, require, as to no more

than 10 per centum of the tracts offered each year, each bidder to

submit bids for any area of the outer Continental Shelf in

accordance with more than one of the bidding systems set forth in

paragraph (1) of this subsection. For such statistical purposes,

leases may be awarded using a bidding alternative selected at

random for the acquisition of valid statistical data if such

bidding alternative is otherwise consistent with the provisions of

this subchapter.

(B) The bidding systems authorized by paragraph (1) of this

subsection, other than the system authorized by subparagraph (A),

shall be applied to not less than 20 per centum and not more than

60 per centum of the total area offered for leasing each year

during the five-year period beginning on September 18, 1978, unless

the Secretary determines that the requirements set forth in this

subparagraph are inconsistent with the purposes and policies of

this subchapter.

(6) At least ninety days prior to notice of any lease sale under

subparagraph (D), (E), (F), or, if appropriate, (H) of paragraph

(1), the Secretary shall by regulation establish rules to govern

the calculation of net profits. In the event of any dispute between

the United States and a lessee concerning the calculation of the

net profits under the regulation issued pursuant to this paragraph,

the burden of proof shall be on the lessee.

(7) After an oil and gas lease is granted pursuant to any of the

work commitment options of paragraph (1) of this subsection -

(A) the lessee, at its option, shall deliver to the Secretary

upon issuance of the lease either (i) a cash deposit for the full

amount of the exploration work commitment, or (ii) a performance

bond in form and substance and with a surety satisfactory to the

Secretary, in the principal amount of such exploration work

commitment assuring the Secretary that such commitment shall be

faithfully discharged in accordance with this section,

regulations, and the lease; and for purposes of this

subparagraph, the principal amount of such cash deposit or bond

may, in accordance with regulations, be periodically reduced upon

proof, satisfactory to the Secretary, that a portion of the

exploration work commitment has been satisfied;

(B) 50 per centum of all exploration expenditures on, or

directly related to, the lease, including, but not limited to (i)

geological investigations and related activities, (ii)

geophysical investigations including seismic, geomagnetic, and

gravity surveys, data processing and interpretation, and (iii)

exploratory drilling, core drilling, redrilling, and well

completion or abandonment, including the drilling of wells

sufficient to determine the size and a real extent of any newly

discovered field, and including the cost of mobilization and

demobilization of drilling equipment, shall be included in

satisfaction of the commitment, except that the lessee's general

overhead cost shall not be so included against the work

commitment, but its cost (including employee benefits) of

employees directly assigned to such exploration work shall be so

included; and

(C) if at the end of the primary term of the lease, including

any extension thereof, the full dollar amount of the exploration

work commitment has not been satisfied, the balance shall then be

paid in cash to the Secretary.

(8) Not later than thirty days before any lease sale, the

Secretary shall submit to the Congress and publish in the Federal

Register a notice -

(A) identifying any bidding system which will be utilized for

such lease sale and the reasons for the utilization of such

bidding system; and

(B) designating the lease tracts selected which are to be

offered in such sale under the bidding system authorized by

subparagraph (A) of paragraph (1) and the lease tracts selected

which are to be offered under any one or more of the bidding

systems authorized by subparagraphs (B) through (H) of paragraph

(1), and the reasons such lease tracts are to be offered under a

particular bidding system.

(b) Terms and provisions of oil and gas leases

An oil and gas lease issued pursuant to this section shall -

(1) be for a tract consisting of a compact area not exceeding

five thousand seven hundred and sixty acres, as the Secretary may

determine, unless the Secretary finds that a larger area is

necessary to comprise a reasonable economic production unit;

(2) be for an initial period of -

(A) five years; or

(B) not to exceed ten years where the Secretary finds that

such longer period is necessary to encourage exploration and

development in areas because of unusually deep water or other

unusually adverse conditions,

and as long after such initial period as oil or gas is produced

from the area in paying quantities, or drilling or well reworking

operations as approved by the Secretary are conducted thereon;

(3) require the payment of amount or value as determined by one

of the bidding systems set forth in subsection (a) of this

section;

(4) entitle the lessee to explore, develop, and produce the oil

and gas contained within the lease area, conditioned upon due

diligence requirements and the approval of the development and

production plan required by this subchapter;

(5) provide for suspension or cancellation of the lease during

the initial lease term or thereafter pursuant to section 1334 of

this title;

(6) contain such rental and other provisions as the Secretary

may prescribe at the time of offering the area for lease; and

(7) provide a requirement that the lessee offer 20 per centum

of the crude oil, condensate, and natural gas liquids produced on

such lease, at the market value and point of delivery applicable

to Federal royalty oil, to small or independent refiners as

defined in the Emergency Petroleum Allocation Act of 1973 (!2)

[15 U.S.C. 751 et seq.].

(c) Antitrust review of lease sales

(1) Following each notice of a proposed lease sale and before the

acceptance of bids and the issuance of leases based on such bids,

the Secretary shall allow the Attorney General, in consultation

with the Federal Trade Commission, thirty days to review the

results of such lease sale, except that the Attorney General, after

consultation with the Federal Trade Commission, may agree to a

shorter review period.

(2) The Attorney General may, in consultation with the Federal

Trade Commission, conduct such antitrust review on the likely

effects the issuance of such leases would have on competition as

the Attorney General, after consultation with the Federal Trade

Commission, deems appropriate and shall advise the Secretary with

respect to such review. The Secretary shall provide such

information as the Attorney General, after consultation with the

Federal Trade Commission, may require in order to conduct any

antitrust review pursuant to this paragraph and to make

recommendations pursuant to paragraph (3) of this subsection.

(3) The Attorney General, after consultation with the Federal

Trade Commission, may make such recommendations to the Secretary,

including the nonacceptance of any bid, as may be appropriate to

prevent any situation inconsistent with the antitrust laws. If the

Secretary determines, or if the Attorney General advises the

Secretary, after consultation with the Federal Trade Commission and

prior to the issuance of any lease, that such lease may create or

maintain a situation inconsistent with the antitrust laws, the

Secretary may -

(A) refuse (i) to accept an otherwise qualified bid for such

lease, or (ii) to issue such lease, notwithstanding subsection

(a) of this section; or

(B) issue such lease, and notify the lessee and the Attorney

General of the reason for such decision.

(4)(A) Nothing in this subsection shall restrict the power under

any other Act or the common law of the Attorney General, the

Federal Trade Commission, or any other Federal department or agency

to secure information, conduct reviews, make recommendations, or

seek appropriate relief.

(B) Neither the issuance of a lease nor anything in this

subsection shall modify or abridge any private right of action

under the antitrust laws.

(d) Due diligence

No bid for a lease may be submitted if the Secretary finds, after

notice and hearing, that the bidder is not meeting due diligence

requirements on other leases.

(e) Secretary's approval for sale, exchange, assignment, or other

transfer of leases

No lease issued under this subchapter may be sold, exchanged,

assigned, or otherwise transferred except with the approval of the

Secretary. Prior to any such approval, the Secretary shall consult

with and give due consideration to the views of the Attorney

General.

(f) Antitrust immunity or defenses

Nothing in this subchapter shall be deemed to convey to any

person, association, corporation, or other business organization

immunity from civil or criminal liability, or to create defenses to

actions, under any antitrust law.

(g) Leasing of lands within three miles of seaward boundaries of

coastal States; deposit of revenues; distribution of revenues

(1) At the time of soliciting nominations for the leasing of

lands containing tracts wholly or partially within three nautical

miles of the seaward boundary of any coastal State, and

subsequently as new information is obtained or developed by the

Secretary, the Secretary shall, in addition to the information

required by section 1352 of this title, provide the Governor of

such State -

(A) an identification and schedule of the areas and regions

proposed to be offered for leasing;

(B) at the request of the Governor of such State, all

information from all sources concerning the geographical,

geological, and ecological characteristics of such tracts;

(C) an estimate of the oil and gas reserves in the areas

proposed for leasing; and

(D) at the request of the Governor of such State, an

identification of any field, geological structure, or trap

located wholly or partially within three nautical miles of the

seaward boundary of such coastal State, including all information

relating to the entire field, geological structure, or trap.

The provisions of the first sentence of subsection (c) and the

provisions of subsections (e)-(h) of section 1352 of this title

shall be applicable to the release by the Secretary of any

information to any coastal State under this paragraph. In addition,

the provisions of subsections (c) and (e)-(h) of section 1352 of

this title shall apply in their entirety to the release by the

Secretary to any coastal State of any information relating to

Federal lands beyond three nautical miles of the seaward boundary

of such coastal State.

(2) Notwithstanding any other provision of this subchapter, the

Secretary shall deposit into a separate account in the Treasury of

the United States all bonuses, rents, and royalties, and other

revenues (derived from any bidding system authorized under

subsection (a)(1) of this section), excluding Federal income and

windfall profits taxes, and derived from any lease issued after

September 18, 1978 of any Federal tract which lies wholly (or, in

the case of Alaska, partially until seven years from the date of

settlement of any boundary dispute that is the subject of an

agreement under section 1336 of this title entered into prior to

January 1, 1986 or until April 15, 1993 with respect to any other

tract) within three nautical miles of the seaward boundary of any

coastal State, or, (except as provided above for Alaska) in the

case where a Federal tract lies partially within three nautical

miles of the seaward boundary, a percentage of bonuses, rents,

royalties, and other revenues (derived from any bidding system

authorized under subsection (a)(1) of this section), excluding

Federal income and windfall profits taxes, and derived from any

lease issued after September 18, 1978 of such tract equal to the

percentage of surface acreage of the tract that lies within such

three nautical miles. Except as provided in paragraph (5) of this

subsection, not later than the last business day of the month

following the month in which those revenues are deposited in the

Treasury, the Secretary shall transmit to such coastal State 27

percent of those revenues, together with all accrued interest

thereon. The remaining balance of such revenues shall be

transmitted simultaneously to the miscellaneous receipts account of

the Treasury of the United States.

(3) Whenever the Secretary or the Governor of a coastal State

determines that a common potentially hydrocarbon-bearing area may

underlie the Federal and State boundary, the Secretary or the

Governor shall notify the other party in writing of his

determination and the Secretary shall provide to the Governor

notice of the current and projected status of the tract or tracts

containing the common potentially hydrocarbon-bearing area. If the

Secretary has leased or intends to lease such tract or tracts, the

Secretary and the Governor of the coastal State may enter into an

agreement to divide the revenues from production of any common

potentially hydrocarbon-bearing area, by unitization or other

royalty sharing agreement, pursuant to existing law. If the

Secretary and the Governor do not enter into an agreement, the

Secretary may nevertheless proceed with the leasing of the tract or

tracts. Any revenues received by the United States under such an

agreement shall be subject to the requirements of paragraph (2).

(4) The deposits in the Treasury account described in this

section shall be invested by the Secretary of the Treasury in

securities backed by the full faith and credit of the United States

having maturities suitable to the needs of the account and yielding

the highest reasonably available interest rates as determined by

the Secretary of the Treasury.

(5)(A) When there is a boundary dispute between the United States

and a State which is subject to an agreement under section 1336 of

this title, the Secretary shall credit to the account established

pursuant to such agreement all bonuses, rents, and royalties, and

other revenues (derived from any bidding system authorized under

subsection (a)(1) of this section), excluding Federal income and

windfall profits taxes, and derived from any lease issued after

September 18, 1978 of any Federal tract which lies wholly or

partially within three nautical miles of the seaward boundary

asserted by the State, if that money has not otherwise been

deposited in such account. Proceeds of an escrow account

established pursuant to an agreement under section 1336 of this

title shall be distributed as follows:

(i) Twenty-seven percent of all bonuses, rents, and royalties,

and other revenues (derived from any bidding system authorized

under subsection (a)(1) of this section), excluding Federal

income and windfall profits taxes, and derived from any lease

issued after September 18, 1978, of any tract which lies wholly

within three nautical miles of the seaward boundary asserted by

the Federal Government in the boundary dispute, together with all

accrued interest thereon, shall be paid to the State either -

(I) within thirty days of December 1, 1987, or

(II) by the last business day of the month following the

month in which those revenues are deposited in the Treasury,

whichever date is later.

(ii) Upon the settlement of a boundary dispute which is subject

to a section 1336 of this title agreement between the United

States and a State, the Secretary shall pay to such State any

additional moneys due such State from amounts deposited in or

credited to the escrow account. If there is insufficient money

deposited in the escrow account, the Secretary shall transmit,

from any revenues derived from any lease of Federal lands under

this subchapter, the remaining balance due such State in

accordance with the formula set forth in section 8004(b)(1)(B) of

the Outer Continental Shelf Lands Act Amendments of 1985.

(B) This paragraph applies to all Federal oil and gas lease

sales, under this subchapter, including joint lease sales,

occurring after September 18, 1978.

(6) This section shall be deemed to take effect on October 1,

1985, for purposes of determining the amounts to be deposited in

the separate account and the States' shares described in paragraph

(2).

(7) When the Secretary leases any tract which lies wholly or

partially within three miles of the seaward boundary of two or more

States, the revenues from such tract shall be distributed as

otherwise provided by this section, except that the State's share

of such revenues that would otherwise result under this section

shall be divided equally among such States.

(h) State claims to jurisdiction over submerged lands

Nothing contained in this section shall be construed to alter,

limit, or modify any claim of any State to any jurisdiction over,

or any right, title, or interest in, any submerged lands.

(i) Sulphur leases; award to highest bidder; method of bidding

In order to meet the urgent need for further exploration and

development of the sulphur deposits in the submerged lands of the

outer Continental Shelf, the Secretary is authorized to grant to

the qualified persons offering the highest cash bonuses on a basis

of competitive bidding sulphur leases on submerged lands of the

outer Continental Shelf, which are not covered by leases which

include sulphur and meet the requirements of section 1335(a) of

this title, and which sulphur leases shall be offered for bid by

sealed bids and granted on separate leases from oil and gas leases,

and for a separate consideration, and without priority or

preference accorded to oil and gas lessees on the same area.

(j) Terms and provisions of sulphur leases

A sulphur lease issued by the Secretary pursuant to this section

shall (1) cover an area of such size and dimensions as the

Secretary may determine, (2) be for a period of not more than ten

years and so long thereafter as sulphur may be produced from the

area in paying quantities or drilling, well reworking, plant

construction, or other operations for the production of sulphur, as

approved by the Secretary, are conducted thereon, (3) require the

payment to the United States of such royalty as may be specified in

the lease but not less than 5 per centum of the gross production or

value of the sulphur at the wellhead, and (4) contain such rental

provisions and such other terms and provisions as the Secretary may

by regulation prescribe at the time of offering the area for lease.

(k) Other mineral leases; award to highest bidder; terms and

conditions; agreements for use of resources for shore protection,

beach or coastal wetlands restoration, or other projects

(1) The Secretary is authorized to grant to the qualified persons

offering the highest cash bonuses on a basis of competitive bidding

leases of any mineral other than oil, gas, and sulphur in any area

of the outer Continental Shelf not then under lease for such

mineral upon such royalty, rental, and other terms and conditions

as the Secretary may prescribe at the time of offering the area for

lease.

(2)(A) Notwithstanding paragraph (1), the Secretary may negotiate

with any person an agreement for the use of Outer Continental Shelf

sand, gravel and shell resources -

(i) for use in a program of, or project for, shore protection,

beach restoration, or coastal wetlands restoration undertaken by

a Federal, State, or local government agency; or

(ii) for use in a construction project, other than a project

described in clause (i), that is funded in whole or in part by or

authorized by the Federal Government.

(B) In carrying out a negotiation under this paragraph, the

Secretary may assess a fee based on an assessment of the value of

the resources and the public interest served by promoting

development of the resources. No fee shall be assessed directly or

indirectly under this subparagraph against a Federal, State, or

local government agency.

(C) The Secretary may, through this paragraph and in consultation

with the Secretary of Commerce, seek to facilitate projects in the

coastal zone, as such term is defined in section 1453 of title 16,

that promote the policy set forth in section 1452 of title 16.

(D) Any Federal agency which proposes to make use of sand, gravel

and shell resources subject to the provisions of this subchapter

shall enter into a Memorandum of Agreement with the Secretary

concerning the potential use of those resources. The Secretary

shall notify the Committee on Merchant Marine and Fisheries and the

Committee on Natural Resources of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate on any

proposed project for the use of those resources prior to the use of

those resources.

(l) Publication of notices of sale and terms of bidding

Notice of sale of leases, and the terms of bidding, authorized by

this section shall be published at least thirty days before the

date of sale in accordance with rules and regulations promulgated

by the Secretary.

(m) Disposition of revenues

All moneys paid to the Secretary for or under leases granted

pursuant to this section shall be deposited in the Treasury in

accordance with section 1338 of this title.

(n) Issuance of lease as nonprejudicial to ultimate settlement or

adjudication of controversies

The issuance of any lease by the Secretary pursuant to this

subchapter, or the making of any interim arrangements by the

Secretary pursuant to section 1336 of this title shall not

prejudice the ultimate settlement or adjudication of the question

as to whether or not the area involved is in the outer Continental

Shelf.

(o) Cancellation of leases for fraud

The Secretary may cancel any lease obtained by fraud or

misrepresentation.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 8, 67 Stat. 468; Pub. L. 95-372, title

II, Sec. 205(a), (b), Sept. 18, 1978, 92 Stat. 640, 644; Pub. L.

99-272, title VIII, Sec. 8003, Apr. 7, 1986, 100 Stat. 148; Pub. L.

100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987, 101 Stat.

1329-213, 1329-225; Pub. L. 103-426, Sec. 1(a), Oct. 31, 1994, 108

Stat. 4371; Pub. L. 104-58, title III, Secs. 302, 303, Nov. 28,

1995, 109 Stat. 563, 565; Pub. L. 105-362, title IX, Sec. 901(k),

Nov. 10, 1998, 112 Stat. 3290; Pub. L. 106-53, title II, Sec.

215(b)(1), Aug. 17, 1999, 113 Stat. 292.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (b)(7), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of Title 15, Commerce and Trade, and was omitted from the

Code pursuant to section 760g of Title 15, which provided for the

expiration of the President's authority under that chapter on Sept.

30, 1981.

The antitrust laws, referred to in subsecs. (c)(3), (4)(B) and

(f), are defined in section 1331 of this title.

Section 8004(b)(1)(B) of the Outer Continental Shelf Lands Act

Amendments of 1985, referred to in subsec. (g)(5)(A), is section

8004(b)(1)(B) of Pub. L. 99-272, which is set out as a note below.

-COD-

CODIFICATION

In subsec. (a)(3)(C)(ii), "section 702 of title 5" substituted

for "section 10(a) of the Administrative Procedures Act (5 U.S.C.

702)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80

Stat. 631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1999 - Subsec. (k)(2)(B). Pub. L. 106-53 substituted "a Federal,

State, or local government agency" for "an agency of the Federal

Government".

1998 - Subsec. (a)(9). Pub. L. 105-362 struck out par. (9) which

related to report to Congress by Secretary of Energy on bidding

options for oil and gas leases on outer Continental Shelf land.

1995 - Subsec. (a)(1)(H), (I). Pub. L. 104-58, Sec. 303, added

subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (a)(3). Pub. L. 104-58, Sec. 302, designated existing

provisions as subpar. (A) and added subpars. (B) and (C).

1994 - Subsec. (k). Pub. L. 103-426 designated existing

provisions as par. (1) and added par. (2).

1987 - Subsec. (g)(5)(A). Pub. L. 100-202 substituted "an escrow

account established pursuant to an agreement under section 1336 of

this title" for "such account" in second sentence, added cl. (i),

designated existing indented par. as cl. (ii), substituted "a

boundary" for "any boundary", "any additional moneys" for "all

moneys", and inserted "or credited to" before "the escrow account".

1986 - Subsec. (g)(1). Pub. L. 99-272 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "At the time of

soliciting nominations for the leasing of lands within three miles

of the seaward boundary of any coastal State, the Secretary shall

provide the Governor of such State -

"(A) an identification and schedule of the areas and regions

proposed to be offered for leasing;

"(B) all information concerning the geographical, geological,

and ecological characteristics of such regions;

"(C) an estimate of the oil and gas reserves in the areas

proposed for leasing; and

"(D) an identification of any field, geological structure, or

trap located within three miles of the seaward boundary of such

coastal State."

Subsec. (g)(2). Pub. L. 99-272 amended par. (2) generally. Prior

to amendment, par. (2) read as follows: "After receipt of

nominations for any area of the outer Continental Shelf within

three miles of the seaward boundary of any coastal State, the

Secretary shall inform the Governor of such coastal State of any

such area which the Secretary believes should be given further

consideration for leasing. The Secretary, in consultation with the

Governor of the coastal State, shall then, determine whether any

such area may contain one or more oil or gas pools or fields

underlying both the outer Continental Shelf and lands subject to

the jurisdiction of such State. If, with respect to such area, the

Secretary selects a tract or tracts which may contain one or more

oil or gas pools or fields underlying both the outer Continental

Shelf and lands subject to the jurisdiction of such State, the

Secretary shall offer the Governor of such coastal State the

opportunity to enter into an agreement concerning the disposition

of revenues which may be generated by a Federal lease within such

area in order to permit their fair and equitable division between

the State and Federal Government."

Subsec. (g)(3). Pub. L. 99-272 amended par. (3) generally. Prior

to amendment, par. (3) read as follows: "Within ninety days after

the offer by the Secretary pursuant to paragraph (2) of this

subsection, the Governor shall elect whether to enter into such

agreement and shall notify the Secretary of his decision. If the

Governor accepts the offer, the terms of any lease issued shall be

consistent with the provisions of this subchapter, with applicable

regulations, and, to the maximum extent practicable, with the

applicable laws of the coastal State. If the Governor declines the

offer, or if the parties cannot agree to terms concerning the

disposition of revenues from such lease (by the time the Secretary

determines to offer the area for lease), the Secretary may

nevertheless proceed with the leasing of the area."

Subsec. (g)(4). Pub. L. 99-272 amended par. (4) generally. Prior

to amendment, par. (4) read as follows: "Notwithstanding any other

provision of this subchapter, the Secretary shall deposit in a

separate account in the Treasury of the United States all bonuses,

royalties, and other revenues attributable to oil and gas pools

underlying both the outer Continental Shelf and submerged lands

subject to the jurisdiction of any coastal State until such time as

the Secretary and the Governor of such coastal State agree on, or

if the Secretary and the Governor of such coastal State cannot

agree, as a district court of the United States determines, the

fair and equitable disposition of such revenues and any interest

which has accrued and the proper rate of payments to be deposited

in the treasuries of the Federal Government and such coastal

State."

Subsec. (g)(5) to (7). Pub. L. 99-272 added pars. (5) to (7).

1978 - Subsec. (a). Pub. L. 95-372, Sec. 205(a), designated

existing provisions as par. (1)(A) and (B), and in par. (1)(A) as

so redesignated, struck out provisions which restricted authority

of Secretary to grant oil and gas leases to situations involving

the urgent need for further exploration and development of oil and

gas deposits of the submerged lands of the outer Continental Shelf

and inserted provisions permitting the promulgation of regulations

for the deposit of cash bids in interest-bearing accounts until the

Secretary announces his decision on whether to accept the bids with

the earned interest paid either to the Treasury or to unsuccessful

bidders, in par. (1)(B) as so redesignated, substituted provisions

relating to variable royalty bids based on a per centum in amount

or value of the production saved, removed, or sold, with either a

fixed work commitment based on dollar amount covering exploration

or a fixed cash bonus as determined by the Secretary or both for

provisions relating to straight royalty bids at not less than 12

1/2 per centum with a cash bonus fixed by the Secretary, and added

pars. (1)(C) to (H) and pars. (2) to (9).

Subsec. (b). Pub. L. 95-372, Sec. 205(a), redesignated cls. (1)

to (4) as pars. (1), (2), (3), and (6) respectively, added pars.

(4), (5), and (7), and in par. (1) as so redesignated, inserted

provisions authorizing the Secretary to lease tracts larger than

5760 acres if a larger area is necessary to comprise a reasonable

economic production unit and in par. (2) as so redesignated,

inserted provision to allow up to a 10 year initial period if the

longer period is necessary to encourage exploration and development

in areas because of unusually deep water or other unusually adverse

conditions, and in par. (3) as so redesignated, substituted

"payment of amount or value as determined by one of the bidding

systems set forth in subsection (a) of this section" for "payment

of a royalty of not less than 12 1/2 per centum, in the amount or

value of the production saved, removed, or sold from the lease".

Subsecs. (c) to (h). Pub. L. 95-372, Sec. 205(b), added subsecs.

(c) to (h). Former subsecs. (c) to (h) redesignated (i) to (n).

Subsec. (i). Pub. L. 95-372, Sec. 205(b), redesignated former

subsec. (c) as (i). Former subsec. (i) redesignated (o).

Subsec. (j). Pub. L. 95-372, Sec. 205(b), redesignated former

subsec. (d) as (j). Former subsec. (j), which provided that any

person complaining of the cancellation of a lease by the Secretary

could have the Secretary's action reviewed in the United States

District Court for the District of Columbia by filing a petition

for review, was struck out. See section 1349 of this title.

Subsecs. (k) to (o). Pub. L. 95-372, Sec. 205(b), redesignated

former subsecs. (e) to (i) as (k) to (o), respectively.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

REGULATIONS

Section 305 of title III of Pub. L. 104-58 provided that: "The

Secretary shall promulgate such rules and regulations as are

necessary to implement the provisions of this title [amending this

section and enacting provisions set out as notes under this

section] within 180 days after the enactment of this Act [Nov. 28,

1995]."

SAVINGS PROVISION

Section 306 of title III of Pub. L. 104-58 provided that:

"Nothing in this title [amending this section and enacting

provisions set out as notes under this section] shall be construed

to affect any offshore pre-leasing, leasing, or development

moratorium, including any moratorium applicable to the Eastern

Planning Area of the Gulf of Mexico located off the Gulf Coast of

Florida."

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

TRANSFER OF FUNCTIONS

Functions vested in, or delegated to, Secretary of Energy and

Department of Energy under or with respect to subsec. (a)(4) of

this section, transferred to, and vested in, Secretary of the

Interior, by section 100 of Pub. L. 97-257, 96 Stat. 841, set out

as a note under section 7152 of Title 42, The Public Health and

Welfare.

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42. Section 7152(b)

of Title 42 was repealed by Pub. L. 97-100, title II, Sec. 201,

Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy

returned to Secretary of the Interior. See House Report No. 97-315,

pp. 25, 26, Nov. 5, 1981.

-MISC3-

REIMBURSEMENT OF LOCAL INTERESTS

Pub. L. 106-53, title II, Sec. 215(b)(2), Aug. 17, 1999, 113

Stat. 293, provided that: "Any amounts paid by non-Federal

interests for beach erosion control, hurricane protection, shore

protection, or storm damage reduction projects as a result of an

assessment under section 8(k) of the Outer Continental Shelf Lands

Act (43 U.S.C. 1337(k)) shall be fully reimbursed."

FEES FOR ROYALTY RATE RELIEF APPLICATIONS

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-166; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That

beginning in fiscal year 1996 and thereafter, fees for royalty rate

relief applications shall be established (and revised as needed) in

Notices to Lessees, and shall be credited to this account in the

program areas performing the function, and remain available until

expended for the costs of administering the royalty rate relief

authorized by 43 U.S.C. 1337(a)(3)".

LEASE SALES

Section 304 of title III of Pub. L. 104-58 provided that: "For

all tracts located in water depths of 200 meters or greater in the

Western and Central Planning Area of the Gulf of Mexico, including

that portion of the Eastern Planning Area of the Gulf of Mexico

encompassing whole lease blocks lying west of 87 degrees, 30

minutes West longitude, any lease sale within five years of the

date of enactment of this title [Nov. 28, 1995], shall use the

bidding system authorized in section 8(a)(1)(H) of the Outer

Continental Shelf Lands Act, as amended by this title [43 U.S.C.

1337(a)(1)(H)], except that the suspension of royalties shall be

set at a volume of not less than the following:

"(1) 17.5 million barrels of oil equivalent for leases in water

depths of 200 to 400 meters;

"(2) 52.5 million barrels of oil equivalent for leases in 400

to 800 meters of water; and

"(3) 87.5 million barrels of oil equivalent for leases in water

depths greater than 800 meters."

DISTRIBUTION OF SECTION 1337(G) ACCOUNT

Section 8004 of title VIII of Pub. L. 99-272 provided that:

"(a) Prior to April 15, 1986, the Secretary shall distribute to

the designated coastal States the sum of -

"(1) the amounts due and payable to each such State under

paragraph (2) of section 8(g) of the Outer Continental Shelf

Lands Act, as amended by this title [43 U.S.C. 1337(g)(2)], for

the period between October 1, 1985, and the date of such

distribution, and

"(2) the amounts due each such State under subsection (b)(1)(A)

of this section for the period prior to October 1, 1985.

"(b)(1) As a fair and equitable disposition of all revenues

(including interest thereon) derived from any lease of Federal

lands wholly or partially within 3 miles of the seaward boundary of

a coastal State prior to October 1, 1985, the Secretary shall

distribute:

"(A) from the funds which were deposited in the separate

account in the Treasury of the United States under section

8(g)(4) of the Outer Continental Shelf Lands Act (43 U.S.C.

1337(g)(4)) which was in effect prior to the date of enactment of

section 8003 of this title [Apr. 7, 1986] the following sums:

($ million)

Louisiana 572

Texas 382

California 338

Alabama 66

Alaska 51

Mississippi 14

Florida 0.03

as well as 27 percent of the royalties, derived from any lease of

Federal lands, which have been deposited through September 30,

1985, in the separate account described in this paragraph and

interest thereon accrued through September 30, 1985, and shall

transmit any remaining amounts to the miscellaneous receipts

account of the Treasury of the United States; and

"(B) from revenues derived from any lease of Federal lands

under the Outer Continental Shelf Lands Act, as amended [43

U.S.C. 1331 et seq.], prior to April 15 of each of the fifteen

fiscal years following the fiscal year in which this title is

enacted, 3 percent of the following sums in each of the five

fiscal years following the date of enactment of this Act [Apr. 7,

1986], 7 percent of such sums in each of the next five fiscal

years, and 10 percent of such sums in each of the following five

fiscal years:

($ million)

Louisiana 84

Texas 134

California 289

Alabama 7

Alaska 134

Mississippi 2.

"(2) The acceptance of any payment by a State under this section

shall satisfy and release any and all claims of such State against

the United States arising under, or related to, section 8(g) of the

Outer Continental Shelf Lands Act [43 U.S.C. 1337(g)], as it was in

effect prior to the date of enactment of this Act [Apr. 7, 1986]

and shall vest in such State the right to receive payments as set

forth in this section.

"(c) Notwithstanding any other provision of this Act, the amounts

due and payable to the State of Louisiana prior to October 1, 1986,

under subtitle A of title VIII (Outer Continental Shelf and Related

Programs) of this Act [title VIII does not contain a subtitle A,

see Short Title of 1986 Amendment note set out under section 1301

of this title] shall remain in their separate accounts in the

Treasury of the United States and continue to accrue interest until

October 1, 1986, except that the $572,000,000 set forth in

subsection 8004(b)(1)(A) of this section shall only accrue interest

from April 15, 1986 to October 1, 1986, at which time the Secretary

shall immediately distribute such sums with accrued interest to the

State of Louisiana."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1332, 1346, 1356a

of this title; title 30 sections 196, 1731a; title 42 section 6508.

-FOOTNOTE-

(!1) So in original. Probably should be "clause".

(!2) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1338 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1338. Disposition of revenues

-STATUTE-

All rentals, royalties, and other sums paid to the Secretary or

the Secretary of the Navy under any lease on the outer Continental

Shelf for the period from June 5, 1950, to date, and thereafter

shall be deposited in the Treasury of the United States and

credited to miscellaneous receipts.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 9, 67 Stat. 469.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1335, 1337 of this title;

title 16 section 470h.

-End-

-CITE-

43 USC Sec. 1338a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1338a. Moneys received as a result of forfeiture by Outer

Continental Shelf permittee, lessee, or right-of-way holder;

return of excess amounts

-STATUTE-

Notwithstanding section 3302 of title 31, any moneys on and after

November 5, 1990, received as a result of the forfeiture of a bond

or other security by an Outer Continental Shelf permittee, lessee,

or right-of-way holder which does not fulfill the requirements of

its permit, lease, or right-of-way or does not comply with the

regulations of the Secretary shall be credited to the royalty and

offshore minerals management account of the Minerals Management

Service to cover the cost to the United States of any improvement,

protection, or rehabilitation work rendered necessary by the action

or inaction that led to the forfeiture, to remain available until

expended: Provided further, That any portion of the moneys so

credited shall be returned to the permittee, lessee, or

right-of-way holder to the extent that the money is in excess of

the amount expended in performing the work necessitated by the

action or inaction which led to their receipt or, if the bond or

security was forfeited for failure to pay the civil penalty, in

excess of the civil penalty imposed.

-SOURCE-

(Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1926; Pub. L.

102-381, title I, Oct. 5, 1992, 106 Stat. 1386; Pub. L. 103-332,

title I, Sept. 30, 1994, 108 Stat. 2508.)

-COD-

CODIFICATION

Section enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1991, and not as part of the

Outer Continental Shelf Lands Act which comprises this subchapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-332 struck out "or payment of civil penalty"

after "result of the forfeiture of a bond or other security",

substituted "royalty and offshore minerals" for "leasing and

royalty", and struck out "or imposition of the civil penalty" after

"rendered necessary by the action or inaction that led to the

forfeiture".

1992 - Pub. L. 102-381 substituted "shall be credited to the

leasing and royalty management account of the Minerals Management

Service" for "shall be credited to this account".

-CHANGE-

CHANGE OF NAME

Title I of Pub. L. 103-332, 108 Stat. 2508, provided in part:

"That where the account title 'Leasing and Royalty Management'

appears in any public law, the words 'Leasing and Royalty

Management' beginning in fiscal year 1995 and thereafter shall be

construed to mean 'Royalty and Offshore Minerals Management'."

-MISC2-

EFFECTIVE DATE OF 1994 AMENDMENT

Title I of Pub. L. 103-332, 108 Stat. 2508, provided that the

amendment made by Pub. L. 103-332 substituting "royalty and

offshore minerals" for "leasing and royalty" is effective beginning

in fiscal year 1995 and thereafter.

-End-

-CITE-

43 USC Sec. 1339 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1339. Repealed. Pub. L. 104-185, Sec. 8(b), Aug. 13, 1996, 110

Stat. 1717

-MISC1-

Section, act Aug. 7, 1953, ch. 345, Sec. 10, 67 Stat. 469,

related to requirements for refund of excess payments.

EFFECTIVE DATE OF REPEAL

Section 8(b) of Pub. L. 104-185 provided in part that the repeal

of this section is effective Aug. 13, 1996.

APPLICABILITY OF REPEAL

Repeal of section not applicable to any privately owned minerals

or with respect to Indian lands, see sections 9 and 10 of Pub. L.

104-185, set out as an Applicability of 1996 Amendment note under

section 1701 of Title 30, Mineral Lands and Mining.

-End-

-CITE-

43 USC Sec. 1340 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1340. Geological and geophysical explorations

-STATUTE-

(a) Approved exploration plans

(1) Any agency of the United States and any person authorized by

the Secretary may conduct geological and geophysical explorations

in the outer Continental Shelf, which do not interfere with or

endanger actual operations under any lease maintained or granted

pursuant to this subchapter, and which are not unduly harmful to

aquatic life in such area.

(2) The provisions of paragraph (1) of this subsection shall not

apply to any person conducting explorations pursuant to an approved

exploration plan on any area under lease to such person pursuant to

the provisions of this subchapter.

(b) Oil and gas exploration

Except as provided in subsection (f) of this section, beginning

ninety days after September 18, 1978, no exploration pursuant to

any oil and gas lease issued or maintained under this subchapter

may be undertaken by the holder of such lease, except in accordance

with the provisions of this section.

(c) Plan approval; State concurrence; plan provisions

(1) Except as otherwise provided in this subchapter, prior to

commencing exploration pursuant to any oil and gas lease issued or

maintained under this subchapter, the holder thereof shall submit

an exploration plan to the Secretary for approval. Such plan may

apply to more than one lease held by a lessee in any one region of

the outer Continental Shelf, or by a group of lessees acting under

a unitization, pooling, or drilling agreement, and shall be

approved by the Secretary if he finds that such plan is consistent

with the provisions of this subchapter, regulations prescribed

under this subchapter, including regulations prescribed by the

Secretary pursuant to paragraph (8) of section 1334(a) of this

title, and the provisions of such lease. The Secretary shall

require such modifications of such plan as are necessary to achieve

such consistency. The Secretary shall approve such plan, as

submitted or modified, within thirty days of its submission, except

that the Secretary shall disapprove such plan if he determines that

(A) any proposed activity under such plan would result in any

condition described in section 1334(a)(2)(A)(i) of this title, and

(B) such proposed activity cannot be modified to avoid such

condition. If the Secretary disapproves a plan under the preceding

sentence, he may, subject to section 1334(a)(2)(B) of this title,

cancel such lease and the lessee shall be entitled to compensation

in accordance with the regulations prescribed under section

1334(a)(2)(C)(i) or (ii) of this title.

(2) The Secretary shall not grant any license or permit for any

activity described in detail in an exploration plan and affecting

any land use or water use in the coastal zone of a State with a

coastal zone management program approved pursuant to section 1455

of title 16, unless the State concurs or is conclusively presumed

to concur with the consistency certification accompanying such plan

pursuant to section 1456(c)(3)(B)(i) or (ii) of title 16, or the

Secretary of Commerce makes the finding authorized by section

1456(c)(3)(B)(iii) of title 16.

(3) An exploration plan submitted under this subsection shall

include, in the degree of detail which the Secretary may by

regulation require -

(A) a schedule of anticipated exploration activities to be

understaken; (!1)

(B) a description of equipment to be used for such activities;

(C) the general location of each well to be drilled; and

(D) such other information deemed pertinent by the Secretary.

(4) The Secretary may, by regulation, require that such plan be

accompanied by a general statement of development and production

intentions which shall be for planning purposes only and which

shall not be binding on any party.

(d) Drilling permit

The Secretary may, by regulation, require any lessee operating

under an approved exploration plan to obtain a permit prior to

drilling any well in accordance with such plan.

(e) Plan revisions; conduct of exploration activities

(1) If a significant revision of an exploration plan approved

under this subsection is submitted to the Secretary, the process to

be used for the approval of such revision shall be the same as set

forth in subsection (c) of this section.

(2) All exploration activities pursuant to any lease shall be

conducted in accordance with an approved exploration plan or an

approved revision of such plan.

(f) Drilling permits issued and exploration plans approved within

90-day period after September 18, 1978

(1) Exploration activities pursuant to any lease for which a

drilling permit has been issued or for which an exploration plan

has been approved, prior to ninety days after September 18, 1978,

shall be considered in compliance with this section, except that

the Secretary may, in accordance with section 1334(a)(1)(B) of this

title, order a suspension or temporary prohibition of any

exploration activities and require a revised exploration plan.

(2) The Secretary may require the holder of a lease described in

paragraph (1) of this subsection to supply a general statement in

accordance with subsection (c)(4) of this section, or to submit

other information.

(3) Nothing in this subsection shall be construed to amend the

terms of any permit or plan to which this subsection applies.

(g) Determinations requisite to issuance of permits

Any permit for geological explorations authorized by this section

shall be issued only if the Secretary determines, in accordance

with regulations issued by the Secretary, that -

(1) the applicant for such permit is qualified;

(2) the exploration will not interfere with or endanger

operations under any lease issued or maintained pursuant to this

subchapter; and

(3) such exploration will not be unduly harmful to aquatic life

in the area, result in pollution, create hazardous or unsafe

conditions, unreasonably interfere with other uses of the area,

or disturb any site, structure, or object of historical or

archeological significance.

(h) Lands beneath navigable waters adjacent to Phillip Burton

Wilderness

The Secretary shall not issue a lease or permit for, or otherwise

allow, exploration, development, or production activities within

fifteen miles of the boundaries of the Phillip Burton Wilderness as

depicted on a map entitled "Wilderness Plan, Point Reyes National

Seashore", numbered 612-90,000-B and dated September 1976, unless

the State of California issues a lease or permit for, or otherwise

allows, exploration, development, or production activities on lands

beneath navigable waters (as such term is defined in section 1301

of this title) of such State which are adjacent to such Wilderness.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 11, 67 Stat. 469; Pub. L. 95-372,

title II, Sec. 206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99-68,

Sec. 1(c), July 19, 1985, 99 Stat. 166.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-372 designated existing provisions as subsec.

(a)(1) and added subsecs. (a)(2) to (h).

-CHANGE-

CHANGE OF NAME

"Phillip Burton Wilderness" was substituted for "Point Reyes

Wilderness" in subsec. (h), pursuant to section 1(c) of Pub. L.

99-68.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 1842 of this title;

title 33 section 2701.

-FOOTNOTE-

(!1) So in original. Probably should be "undertaken;".

-End-

-CITE-

43 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1341. Reservation of lands and rights

-STATUTE-

(a) Withdrawal of unleased lands by President

The President of the United States may, from time to time,

withdraw from disposition any of the unleased lands of the outer

Continental Shelf.

(b) First refusal of mineral purchases

In time of war, or when the President shall so prescribe, the

United States shall have the right of first refusal to purchase at

the market price all or any portion of any mineral produced from

the outer Continental Shelf.

(c) National security clause

All leases issued under this subchapter, and leases, the

maintenance and operation of which are authorized under this

subchapter, shall contain or be construed to contain a provision

whereby authority is vested in the Secretary, upon a recommendation

of the Secretary of Defense, during a state of war or national

emergency declared by the Congress or the President of the United

States after August 7, 1953, to suspend operations under any lease;

and all such leases shall contain or be construed to contain

provisions for the payment of just compensation to the lessee whose

operations are thus suspended.

(d) National defense areas; suspension of operations; extension of

leases

The United States reserves and retains the right to designate by

and through the Secretary of Defense, with the approval of the

President, as areas restricted from exploration and operation that

part of the outer Continental Shelf needed for national defense;

and so long as such designation remains in effect no exploration or

operations may be conducted on any part of the surface of such area

except with the concurrence of the Secretary of Defense; and if

operations or production under any lease theretofore issued on

lands within any such restricted area shall be suspended, any

payment of rentals, minimum royalty, and royalty prescribed by such

lease likewise shall be suspended during such period of suspension

of operation and production, and the term of such lease shall be

extended by adding thereto any such suspension period, and the

United States shall be liable to the lessee for such compensation

as is required to be paid under the Constitution of the United

States.

(e) Source materials essential to production of fissionable

materials

All uranium, thorium, and all other materials determined pursuant

to paragraph (1) of subsection (b) of section 5 of the Atomic

Energy Act of 1946, as amended, to be peculiarly essential to the

production of fissionable material, contained, in whatever

concentration, in deposits in the subsoil or seabed of the outer

Continental Shelf are reserved for the use of the United States.

(f) Helium ownership; rules and regulations governing extraction

The United States reserves and retains the ownership of and the

right to extract all helium, under such rules and regulations as

shall be prescribed by the Secretary, contained in gas produced

from any portion of the outer Continental Shelf which may be

subject to any lease maintained or granted pursuant to this

subchapter, but the helium shall be extracted from such gas so as

to cause no substantial delay in the delivery of gas produced to

the purchaser of such gas.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 12, 67 Stat. 469.)

-REFTEXT-

REFERENCES IN TEXT

Paragraph (1) of subsection (b) of section 5 of the Atomic Energy

Act of 1946, as amended, referred to in subsec. (e), is par. (1) of

section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was

classified to section 1805 of Title 42, The Public Health and

Welfare, prior to the general amendment of the Atomic Energy Act of

1946 by act Aug. 30, 1954, ch. 1073, 68 Stat. 921. See section

2014(z) of Title 42.

-MISC1-

KEY LARGO CORAL REEF PRESERVE

Withdrawal of area designated Key Largo Coral Reef Preserve from

disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set

out as a note under section 461 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1353 of this title.

-End-

-CITE-

43 USC Sec. 1342 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1342. Prior claims as unaffected

-STATUTE-

Nothing herein contained shall affect such rights, if any, as may

have been acquired under any law of the United States by any person

in lands subject to this subchapter and such rights, if any, shall

be governed by the law in effect at the time they may have been

acquired: Provided, however, That nothing herein contained is

intended or shall be construed as a finding, interpretation, or

construction by the Congress that the law under which such rights

may be claimed in fact applies to the lands subject to this

subchapter or authorizes or compels the granting of such rights in

such lands, and that the determination of the applicability or

effect of such law shall be unaffected by anything herein

contained.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 14, 67 Stat. 470.)

-End-

-CITE-

43 USC Sec. 1343 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1343. Repealed. Pub. L. 105-362, title IX, Sec. 901(l)(1),

Nov. 10, 1998, 112 Stat. 3290

-MISC1-

Section, acts Aug. 7, 1953, ch. 345, Sec. 15, 67 Stat. 470; Pub.

L. 95-372, title II, Sec. 207, Sept. 18, 1978, 92 Stat. 648; Pub.

L. 99-367, Sec. 2(a), July 31, 1986, 100 Stat. 774, related to

Secretary's annual report to Congress concerning outer Continental

Shelf leasing and production program and promotion of competition

in leasing.

-End-

-CITE-

43 USC Sec. 1344 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1344. Outer Continental Shelf leasing program

-STATUTE-

(a) Schedule of proposed oil and gas lease sales

The Secretary, pursuant to procedures set forth in subsections

(c) and (d) of this section, shall prepare and periodically revise,

and maintain an oil and gas leasing program to implement the

policies of this subchapter. The leasing program shall consist of a

schedule of proposed lease sales indicating, as precisely as

possible, the size, timing, and location of leasing activity which

he determines will best meet national energy needs for the

five-year period following its approval or reapproval. Such leasing

program shall be prepared and maintained in a manner consistent

with the following principles:

(1) Management of the outer Continental Shelf shall be

conducted in a manner which considers economic, social, and

environmental values of the renewable and nonrenewable resources

contained in the outer Continental Shelf, and the potential

impact of oil and gas exploration on other resource values of the

outer Continental Shelf and the marine, coastal, and human

environments.

(2) Timing and location of exploration, development, and

production of oil and gas among the oil- and gas-bearing

physiographic regions of the outer Continental Shelf shall be

based on a consideration of -

(A) existing information concerning the geographical,

geological, and ecological characteristics of such regions;

(B) an equitable sharing of developmental benefits and

environmental risks among the various regions;

(C) the location of such regions with respect to, and the

relative needs of, regional and national energy markets;

(D) the location of such regions with respect to other uses

of the sea and seabed, including fisheries, navigation,

existing or proposed sealanes, potential sites of deepwater

ports, and other anticipated uses of the resources and space of

the outer Continental Shelf;

(E) the interest of potential oil and gas producers in the

development of oil and gas resources as indicated by

exploration or nomination;

(F) laws, goals, and policies of affected States which have

been specifically identified by the Governors of such States as

relevant matters for the Secretary's consideration;

(G) the relative environmental sensitivity and marine

productivity of different areas of the outer Continental Shelf;

and

(H) relevant environmental and predictive information for

different areas of the outer Continental Shelf.

(3) The Secretary shall select the timing and location of

leasing, to the maximum extent practicable, so as to obtain a

proper balance between the potential for environmental damage,

the potential for the discovery of oil and gas, and the potential

for adverse impact on the coastal zone.

(4) Leasing activities shall be conducted to assure receipt of

fair market value for the lands leased and the rights conveyed by

the Federal Government.

(b) Estimates of appropriations and staff required for management

of leasing program

The leasing program shall include estimates of the appropriations

and staff required to -

(1) obtain resource information and any other information

needed to prepare the leasing program required by this section;

(2) analyze and interpret the exploratory data and any other

information which may be compiled under the authority of this

subchapter;

(3) conduct environmental studies and prepare any environmental

impact statement required in accordance with this subchapter and

with section 4332(2)(C) of title 42; and

(4) supervise operations conducted pursuant to each lease in

the manner necessary to assure due diligence in the exploration

and development of the lease area and compliance with the

requirements of applicable law and regulations, and with the

terms of the lease.

(c) Suggestions from Federal agencies and affected State and local

governments; submission of proposed program to Governors of

affected States and Congress; publication in Federal Register

(1) During the preparation of any proposed leasing program under

this section, the Secretary shall invite and consider suggestions

for such program from any interested Federal agency, including the

Attorney General, in consultation with the Federal Trade

Commission, and from the Governor of any State which may become an

affected State under such proposed program. The Secretary may also

invite or consider any suggestions from the executive of any

affected local government in such an affected State, which have

been previously submitted to the Governor of such State, and from

any other person.

(2) After such preparation and at least sixty days prior to

publication of a proposed leasing program in the Federal Register

pursuant to paragraph (3) of this subsection, the Secretary shall

submit a copy of such proposed program to the Governor of each

affected State for review and comment. The Governor may solicit

comments from those executives of local governments in his State

which he, in his discretion, determines will be affected by the

proposed program. If any comment by such Governor is received by

the Secretary at least fifteen days prior to submission to the

Congress pursuant to such paragraph (3) and includes a request for

any modification of such proposed program, the Secretary shall

reply in writing, granting or denying such request in whole or in

part, or granting such request in such modified form as the

Secretary considers appropriate, and stating his reasons therefor.

All such correspondence between the Secretary and the Governor of

any affected State, together with any additional information and

data relating thereto, shall accompany such proposed program when

it is submitted to the Congress.

(3) Within nine months after September 18, 1978, the Secretary

shall submit a proposed leasing program to the Congress, the

Attorney General, and the Governors of affected States, and shall

publish such proposed program in the Federal Register. Each

Governor shall, upon request, submit a copy of the proposed leasing

program to the executive of any local government affected by the

proposed program.

(d) Comments by Attorney General on anticipated effect on

competition; comments by State or local governments; submission

of program to President and Congress; issuance of leases in

accordance with program

(1) Within ninety days after the date of publication of a

proposed leasing program, the Attorney General may, after

consultation with the Federal Trade Commission, submit comments on

the anticipated effects of such proposed program upon competition.

Any State, local government, or other person may submit comments

and recommendations as to any aspect of such proposed program.

(2) At least sixty days prior to approving a proposed leasing

program, the Secretary shall submit it to the President and the

Congress, together with any comments received. Such submission

shall indicate why any specific recommendation of the Attorney

General or a State or local government was not accepted.

(3) After the leasing program has been approved by the Secretary,

or after eighteen months following September 18, 1978, whichever

first occurs, no lease shall be issued unless it is for an area

included in the approved leasing program and unless it contains

provisions consistent with the approved leasing program, except

that leasing shall be permitted to continue until such program is

approved and for so long thereafter as such program is under

judicial or administrative review pursuant to the provisions of

this subchapter.

(e) Review, revision, and reapproval of program

The Secretary shall review the leasing program approved under

this section at least once each year. He may revise and reapprove

such program, at any time, and such revision and reapproval, except

in the case of a revision which is not significant, shall be in the

same manner as originally developed.

(f) Procedural regulations for management of program

The Secretary shall, by regulation, establish procedures for -

(1) receipt and consideration of nominations for any area to be

offered for lease or to be excluded from leasing;

(2) public notice of and participation in development of the

leasing program;

(3) review by State and local governments which may be impacted

by the proposed leasing;

(4) periodic consultation with State and local governments, oil

and gas lessees and permittees, and representatives of other

individuals or organizations engaged in activity in or on the

outer Continental Shelf, including those involved in fish and

shellfish recovery, and recreational activities; and

(5) consideration of the coastal zone management program being

developed or administered by an affected coastal State pursuant

to section 1454 or section 1455 of title 16.

Such procedures shall be applicable to any significant revision or

reapproval of the leasing program.

(g) Information from public and private sources; confidentiality of

classified or privileged data

The Secretary may obtain from public sources, or purchase from

private sources, any survey, data, report, or other information

(including interpretations of such data, survey, report, or other

information) which may be necessary to assist him in preparing any

environmental impact statement and in making other evaluations

required by this subchapter. Data of a classified nature provided

to the Secretary under the provisions of this subsection shall

remain confidential for such period of time as agreed to by the

head of the department or agency from whom the information is

requested. The Secretary shall maintain the confidentiality of all

privileged or proprietary data or information for such period of

time as is provided for in this subchapter, established by

regulation, or agreed to by the parties.

(h) Information from all Federal departments and agencies;

confidentiality of privileged or proprietary information

The heads of all Federal departments and agencies shall provide

the Secretary with any nonpriviledged (!1) or nonproprietary

information he requests to assist him in preparing the leasing

program and may provide the Secretary with any privileged or

proprietary information he requests to assist him in preparing the

leasing program. Privileged or proprietary information provided to

the Secretary under the provisions of this subsection shall remain

confidential for such period of time as agreed to by the head of

the department or agency from whom the information is requested. In

addition, the Secretary shall utilize the existing capabilities and

resources of such Federal departments and agencies by appropriate

agreement.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 18, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 649.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior to promulgate regulations

under this subchapter which relate to fostering of competition for

Federal leases, implementation of alternative bidding systems

authorized for award of Federal leases, establishment of diligence

requirements for operations conducted on Federal leases, setting of

rates for production of Federal leases, and specifying of

procedures, terms, and conditions for acquisition and disposition

of Federal royalty interests taken in kind, transferred to

Secretary of Energy by section 7152(b) of Title 42, The Public

Health and Welfare. Section 7152(b) of Title 42 was repealed by

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,

and functions of Secretary of Energy returned to Secretary of the

Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1349 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "nonprivileged".

-End-

-CITE-

43 USC Sec. 1345 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1345. Coordination and consultation with affected State and

local governments

-STATUTE-

(a) Recommendations regarding size, time, or location of proposed

lease sales

Any Governor of any affected State or the executive of any

affected local government in such State may submit recommendations

to the Secretary regarding the size, timing, or location of a

proposed lease sale or with respect to a proposed development and

production plan. Prior to submitting recommendations to the

Secretary, the executive of any affected local government in any

affected State must forward his recommendations to the Governor of

such State.

(b) Time for submission of recommendations

Such recommendations shall be submitted within sixty days after

notice of such proposed lease sale or after receipt of such

development and production plan.

(c) Acceptance or rejection of recommendations

The Secretary shall accept recommendations of the Governor and

may accept recommendations of the executive of any affected local

government if he determines, after having provided the opportunity

for consultation, that they provide for a reasonable balance

between the national interest and the well-being of the citizens of

the affected State. For purposes of this subsection, a

determination of the national interest shall be based on the

desirability of obtaining oil and gas supplies in a balanced manner

and on the findings, purposes, and policies of this subchapter. The

Secretary shall communicate to the Governor, in writing, the

reasons for his determination to accept or reject such Governor's

recommendations, or to implement any alternative means identified

in consultation with the Governor to provide for a reasonable

balance between the national interest and the well-being of the

citizens of the affected State.

(d) Finality of acceptance or rejection of recommendations

The Secretary's determination that recommendations provide, or do

not provide, for a reasonable balance between the national interest

and the well-being of the citizens of the affected State shall be

final and shall not, alone, be a basis for invalidation of a

proposed lease sale or a proposed development and production plan

in any suit or judicial review pursuant to section 1349 of this

title, unless found to be arbitrary or capricious.

(e) Cooperative agreements

The Secretary is authorized to enter into cooperative agreements

with affected States for purposes which are consistent with this

subchapter and other applicable Federal law. Such agreements may

include, but need not be limited to, the sharing of information (in

accordance with the provisions of section 1352 of this title), the

joint utilization of available expertise, the facilitating of

permitting procedures, joint planning and review, and the formation

of joint surveillance and monitoring arrangements to carry out

applicable Federal and State laws, regulations, and stipulations

relevant to outer Continental Shelf operations both onshore and

offshore.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 19, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 652.)

-End-

-CITE-

43 USC Sec. 1346 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1346. Environmental studies

-STATUTE-

(a) Information for assessment and management of impacts on

environment; time for study; impacts on marine biota from

pollution or large spills

(1) The Secretary shall conduct a study of any area or region

included in any oil and gas lease sale or other lease in order to

establish information needed for assessment and management of

environmental impacts on the human, marine, and coastal

environments of the outer Continental Shelf and the coastal areas

which may be affected by oil and gas or other mineral development

in such area or region.

(2) Each study required by paragraph (1) of this subsection shall

be commenced not later than six months after September 18, 1978,

with respect to any area or region where a lease sale has been held

or announced by publication of a notice of proposed lease sale

before September 18, 1978, and not later than six months prior to

the holding of a lease sale with respect to any area or region

where no lease sale has been held or scheduled before September 18,

1978. In the case of an agreement under section 1337(k)(2) of this

title, each study required by paragraph (1) of this subsection

shall be commenced not later than 6 months prior to commencing

negotiations for such agreement or the entering into the memorandum

of agreement as the case may be. The Secretary may utilize

information collected in any study prior to September 18, 1978.

(3) In addition to developing environmental information, any

study of an area or region, to the extent practicable, shall be

designed to predict impacts on the marine biota which may result

from chronic low level pollution or large spills associated with

outer Continental Shelf production, from the introduction of drill

cuttings and drilling muds in the area, and from the laying of pipe

to serve the offshore production area, and the impacts of

development offshore on the affected and coastal areas.

(b) Additional studies subsequent to leasing and development of

area

Subsequent to the leasing and developing of any area or region,

the Secretary shall conduct such additional studies to establish

environmental information as he deems necessary and shall monitor

the human, marine, and coastal environments of such area or region

in a manner designed to provide time-series and data trend

information which can be used for comparison with any previously

collected data for the purpose of identifying any significant

changes in the quality and productivity of such environments, for

establishing trends in the areas studied and monitored, and for

designing experiments to identify the causes of such changes.

(c) Procedural regulations for conduct of studies; cooperation with

affected States; utilization of information from Federal, State

and local governments and agencies

The Secretary shall, by regulation, establish procedures for

carrying out his duties under this section, and shall plan and

carry out such duties in full cooperation with affected States. To

the extent that other Federal agencies have prepared environmental

impact statements, are conducting studies, or are monitoring the

affected human, marine, or coastal environment, the Secretary may

utilize the information derived therefrom in lieu of directly

conducting such activities. The Secretary may also utilize

information obtained from any State or local government, or from

any person, for the purposes of this section. For the purpose of

carrying out his responsibilities under this section, the Secretary

may by agreement utilize, with or without reimbursement, the

services, personnel, or facilities of any Federal, State, or local

government agency.

(d) Consideration of relevant environmental information in

developing regulations, lease conditions and operating orders

The Secretary shall consider available relevant environmental

information in making decisions (including those relating to

exploration plans, drilling permits, and development and production

plans), in developing appropriate regulations and lease conditions,

and in issuing operating orders.

(e) Assessment of cumulative effects of activities on environment;

submission to Congress

As soon as practicable after the end of every 3 fiscal years, the

Secretary shall submit to the Congress and make available to the

general public an assessment of the cumulative effect of activities

conducted under this subchapter on the human, marine, and coastal

environments.

(f) Utilization of capabilities of Department of Commerce

In executing his responsibilities under this section, the

Secretary shall, to the maximum extent practicable, enter into

appropriate arrangements to utilize on a reimbursable basis the

capabilities of the Department of Commerce. In carrying out such

arrangements, the Secretary of Commerce is authorized to enter into

contracts or grants with any person, organization, or entity with

funds appropriated to the Secretary of the Interior pursuant to

this subchapter.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 20, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 653; amended Pub. L. 103-426,

Sec. 1(b), Oct. 31, 1994, 108 Stat. 4371; Pub. L. 104-66, title I,

Sec. 1082(b), Dec. 21, 1995, 109 Stat. 722.)

-MISC1-

AMENDMENTS

1995 - Subsec. (e). Pub. L. 104-66 substituted "every 3 fiscal

years" for "each fiscal year".

1994 - Subsec. (a)(1). Pub. L. 103-426, Sec. 1(b)(1), inserted

"or other lease" after "any oil and gas lease sale" and "or other

mineral" after "affected by oil and gas".

Subsec. (a)(2). Pub. L. 103-426, Sec. 1(b)(2), inserted before

last sentence "In the case of an agreement under section 1337(k)(2)

of this title, each study required by paragraph (1) of this

subsection shall be commenced not later than 6 months prior to

commencing negotiations for such agreement or the entering into the

memorandum of agreement as the case may be."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 15th item on page 111 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (e) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-

43 USC Sec. 1347 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1347. Safety and health regulations

-STATUTE-

(a) Joint study of adequacy of existing safety and health

regulations; submission to President and Congress

Upon September 18, 1978, the Secretary and the Secretary of the

Department in which the Coast Guard is operating shall, in

consultation with each other and, as appropriate, with the heads of

other Federal departments and agencies, promptly commence a joint

study of the adequacy of existing safety and health regulations and

of the technology, equipment, and techniques available for the

exploration, development, and production of the minerals of the

outer Continental Shelf. The results of such study shall be

submitted to the President who shall submit a plan to the Congress

of his proposals to promote safety and health in the exploration,

development, and production of the minerals of the outer

Continental Shelf.

(b) Use of best available and safest economically feasible

technologies

In exercising their respective responsibilities for the

artificial islands, installations, and other devices referred to in

section 1333(a)(1) of this title, the Secretary, and the Secretary

of the Department in which the Coast Guard is operating, shall

require, on all new drilling and production operations and,

wherever practicable, on existing operations, the use of the best

available and safest technologies which the Secretary determines to

be economically feasible, wherever failure of equipment would have

a significant effect on safety, health, or the environment, except

where the Secretary determines that the incremental benefits are

clearly insufficient to justify the incremental costs of utilizing

such technologies.

(c) Regulations applying to unregulated hazardous working

conditions

The Secretary of the Department in which the Coast Guard is

operating shall promulgate regulations or standards applying to

unregulated hazardous working conditions related to activities on

the outer Continental Shelf when he determines such regulations or

standards are necessary. The Secretary of the Department in which

the Coast Guard is operating may from time to time modify any

regulations, interim or final, dealing with hazardous working

conditions on the outer Continental Shelf.

(d) Application of other laws

Nothing in this subchapter shall affect the authority provided by

law to the Secretary of Labor for the protection of occupational

safety and health, the authority provided by law to the

Administrator of the Environmental Protection Agency for the

protection of the environment, or the authority provided by law to

the Secretary of Transportation with respect to pipeline safety.

(e) Studies of underwater diving techniques and equipment

The Secretary of Commerce, in cooperation with the Secretary of

the Department in which the Coast Guard is operating, and the

Director of the National Institute of Occupational Safety and

Health, shall conduct studies of underwater diving techniques and

equipment suitable for protection of human safety and improvement

of diver performance. Such studies shall include, but need not be

limited to, decompression and excursion table development and

improvement and all aspects of diver physiological restraints and

protective gear for exposure to hostile environments.

(f) Coordination and consultation with Federal departments and

agencies; availability to interested persons of compilation of

safety regulations

(1) In administering the provisions of this section, the

Secretary shall consult and coordinate with the heads of other

appropriate Federal departments and agencies for purposes of

assuring that, to the maximum extent practicable, inconsistent or

duplicative requirements are not imposed.

(2) The Secretary shall make available to any interested person a

compilation of all safety and other regulations which are prepared

and promulgated by any Federal department or agency and applicable

to activities on the outer Continental Shelf. Such compilation

shall be revised and updated annually.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 21, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 654.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1334 of this title.

-End-

-CITE-

43 USC Sec. 1348 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1348. Enforcement of safety and environmental regulations

-STATUTE-

(a) Utilization of Federal departments and agencies

The Secretary, the Secretary of the Department in which the Coast

Guard is operating, and the Secretary of the Army shall enforce

safety and environmental regulations promulgated pursuant to this

subchapter. Each such Federal department may by agreement utilize,

with or without reimbursement, the services, personnel, or

facilities of other Federal departments and agencies for the

enforcement of their respective regulations.

(b) Duties of holders of lease or permit

It shall be the duty of any holder of a lease or permit under

this subchapter to -

(1) maintain all places of employment within the lease area or

within the area covered by such permit in compliance with

occupational safety and health standards and, in addition, free

from recognized hazards to employees of the lease holder or

permit holder or of any contractor or subcontractor operating

within such lease area or within the area covered by such permit

on the outer Continental Shelf;

(2) maintain all operations within such lease area or within

the area covered by such permit in compliance with regulations

intended to protect persons, property, and the environment on the

outer Continental Shelf; and

(3) allow prompt access, at the site of any operation subject

to safety regulations, to any inspector, and to provide such

documents and records which are pertinent to occupational or

public health, safety, or environmental protection, as may be

requested.

(c) Onsite inspection of facilities

The Secretary and the Secretary of the Department in which the

Coast Guard is operating shall individually, or jointly if they so

agree, promulgate regulations to provide for -

(1) scheduled onsite inspection, at least once a year, of each

facility on the outer Continental Shelf which is subject to any

environmental or safety regulation promulgated pursuant to this

subchapter, which inspection shall include all safety equipment

designed to prevent or ameliorate blowouts, fires, spillages, or

other major accidents; and

(2) periodic onsite inspection without advance notice to the

operator of such facility to assure compliance with such

environmental or safety regulations.

(d) Investigation and report on major fires, oil spills, death, or

serious injury

(1) The Secretary or the Secretary of the Department in which the

Coast Guard is operating shall make an investigation and public

report on each major fire and each major oil spillage occurring as

a result of operations conducted pursuant to this subchapter, and

may, in his discretion, make an investigation and report of lesser

oil spillages. For purposes of this subsection, a major oil

spillage is any spillage in one instance of more than two hundred

barrels of oil during a period of thirty days. All holders of

leases or permits issued or maintained under this subchapter shall

cooperate with the appropriate Secretary in the course of any such

investigation.

(2) The Secretary or the Secretary of the Department in which the

Coast Guard is operating shall make an investigation and public

report on any death or serious injury occurring as a result of

operations conducted pursuant to this subchapter, and may, in his

discretion, make an investigation and report of any injury. For

purposes of this subsection, a serious injury is one resulting in

substantial impairment of any bodily unit or function. All holders

of leases or permits issued or maintained under this subchapter

shall cooperate with the appropriate Secretary in the course of any

such investigation.

(e) Review of allegations of violations

The Secretary, or, in the case of occupational safety and health,

the Secretary of the Department in which the Coast Guard is

operating, may review any allegation from any person of the

existence of a violation of a safety regulation issued under this

subchapter.

(f) Summoning of witnesses and production of evidence

In any investigation conducted pursuant to this section, the

Secretary or the Secretary of the Department in which the Coast

Guard is operating shall have power to summon witnesses and to

require the production of books, papers, documents, and any other

evidence. Attendance of witnesses or the production of books,

papers, documents, or any other evidence shall be compelled by a

similar process, as in the district courts of the United States.

Such Secretary, or his designee, shall administer all necessary

oaths to any witnesses summoned before such investigation.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 22, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105-362,

title IX, Sec. 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)

-MISC1-

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-362 struck out subsec. (g) which

read as follows: "The Secretary shall, after consultation with the

Secretary of the Department in which the Coast Guard is operating,

include in his annual report to the Congress required by section

1343 of this title the number of violations of safety regulations

reported or alleged, any investigations undertaken, the results of

such investigations, and any administrative or judicial action

taken as a result of such investigations, and the results of the

diving studies conducted under section 1347(e) of this title."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

REPORT AND RECOMMENDATIONS BY SECRETARY TO CONGRESS FOR TRAINING

PROGRAM

Pub. L. 95-372, title VI, Sec. 607, Sept. 18, 1978, 92 Stat. 697,

required the Secretary of the Interior, in consultation with the

Secretary of the Department in which the Coast Guard is operating,

not later than ninety days after Sept. 18, 1978, to prepare and

submit to the Congress a training program report concerning

individuals employed on any artificial island, installation, or

other device located on the Outer Continental Shelf and who, as

part of their employment, operate or supervise the operation of

pollution-prevention equipment.

-End-

-CITE-

43 USC Sec. 1349 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1349. Citizens suits, jurisdiction and judicial review

-STATUTE-

(a) Persons who may bring actions; persons against whom action may

be brought; time of action; intervention by Attorney General;

costs and fees; security

(1) Except as provided in this section, any person having a valid

legal interest which is or may be adversely affected may commence a

civil action on his own behalf to compel compliance with this

subchapter against any person, including the United States, and any

other government instrumentality or agency (to the extent permitted

by the eleventh amendment to the Constitution) for any alleged

violation of any provision of this subchapter or any regulation

promulgated under this subchapter, or of the terms of any permit or

lease issued by the Secretary under this subchapter.

(2) Except as provided in paragraph (3) of this subsection, no

action may be commenced under subsection (a)(1) of this section -

(A) prior to sixty days after the plaintiff has given notice of

the alleged violation, in writing under oath, to the Secretary

and any other appropriate Federal official, to the State in which

the violation allegedly occurred or is occurring, and to any

alleged violator; or

(B) if the Attorney General has commenced and is diligently

prosecuting a civil action in a court of the United States or a

State with respect to such matter, but in any such action in a

court of the United States any person having a legal interest

which is or may be adversely affected may intervene as a matter

of right.

(3) An action may be brought under this subsection immediately

after notification of the alleged violation in any case in which

the alleged violation constitutes an imminent threat to the public

health or safety or would immediately affect a legal interest of

the plaintiff.

(4) In any action commenced pursuant to this section, the

Attorney General, upon the request of the Secretary or any other

appropriate Federal official, may intervene as a matter of right.

(5) A court, in issuing any final order in any action brought

pursuant to subsection (a)(1) or subsection (c) of this section,

may award costs of litigation, including reasonable attorney and

expert witness fees, to any party, whenever such court determines

such award is appropriate. The court may, if a temporary

restraining order or preliminary injunction is sought, require the

filing of a bond or equivalent security in a sufficient amount to

compensate for any loss or damage suffered, in accordance with the

Federal Rules of Civil Procedure.

(6) Except as provided in subsection (c) of this section, all

suits challenging actions or decisions allegedly in violation of,

or seeking enforcement of, the provisions of this subchapter, or

any regulation promulgated under this subchapter, or the terms of

any permit or lease issued by the Secretary under this subchapter,

shall be undertaken in accordance with the procedures described in

this subsection. Nothing in this section shall restrict any right

which any person or class of persons may have under any other Act

or common law to seek appropriate relief.

(b) Jurisdiction and venue of actions

(1) Except as provided in subsection (c) of this section, the

district courts of the United States shall have jurisdiction of

cases and controversies arising out of, or in connection with (A)

any operation conducted on the outer Continental Shelf which

involves exploration, development, or production of the minerals,

of the subsoil and seabed of the outer Continental Shelf, or which

involves rights to such minerals, or (B) the cancellation,

suspension, or termination of a lease or permit under this

subchapter. Proceedings with respect to any such case or

controversy may be instituted in the judicial district in which any

defendant resides or may be found, or in the judicial district of

the State nearest the place the cause of action arose.

(2) Any resident of the United States who is injured in any

manner through the failure of any operator to comply with any rule,

regulation, order, or permit issued pursuant to this subchapter may

bring an action for damages (including reasonable attorney and

expert witness fees) only in the judicial district having

jurisdiction under paragraph (1) of this subsection.

(c) Review of Secretary's approval of leasing program; review of

approval, modification or disapproval of exploration or

production plan; persons who may seek review; scope of review;

certiorari to Supreme Court

(1) Any action of the Secretary to approve a leasing program

pursuant to section 1344 of this title shall be subject to judicial

review only in the United States Court of Appeal (!1) for the

District of Columbia.

(2) Any action of the Secretary to approve, require modification

of, or disapprove any exploration plan or any development and

production plan under this subchapter shall be subject to judicial

review only in a United States court of appeals for a circuit in

which an affected State is located.

(3) The judicial review specified in paragraphs (1) and (2) of

this subsection shall be available only to a person who (A)

participated in the administrative proceedings related to the

actions specified in such paragraphs, (B) is adversely affected or

aggrieved by such action, (C) files a petition for review of the

Secretary's action within sixty days after the date of such action,

and (D) promptly transmits copies of the petition to the Secretary

and to the Attorney General.

(4) Any action of the Secretary specified in paragraph (1) or (2)

shall only be subject to review pursuant to the provisions of this

subsection, and shall be specifically excluded from citizen suits

which are permitted pursuant to subsection (a) of this section.

(5) The Secretary shall file in the appropriate court the record

of any public hearings required by this subchapter and any

additional information upon which the Secretary based his decision,

as required by section 2112 of title 28. Specific objections to the

action of the Secretary shall be considered by the court only if

the issues upon which such objections are based have been submitted

to the Secretary during the administrative proceedings related to

the actions involved.

(6) The court of appeals conducting a proceeding pursuant to this

subsection shall consider the matter under review solely on the

record made before the Secretary. The findings of the Secretary, if

supported by substantial evidence on the record considered as a

whole, shall be conclusive. The court may affirm, vacate, or modify

any order or decision or may remand the proceedings to the

Secretary for such further action as it may direct.

(7) Upon the filing of the record with the court, pursuant to

paragraph (5), the jurisdiction of the court shall be exclusive and

its judgment shall be final, except that such judgment shall be

subject to review by the Supreme Court of the United States upon

writ of certiorari.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 23, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 657; amended Pub. L. 98-620,

title IV, Sec. 402(44), Nov. 8, 1984, 98 Stat. 3360.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(a)(5), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC1-

AMENDMENTS

1984 - Subsec. (d). Pub. L. 98-620 struck out subsec. (d) which

provided that except as to causes of action considered by the court

to be of greater importance, any action under this section would

take precedence on the docket over all other causes of action and

would be set for hearing at the earliest practical date and

expedited in every way.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1345 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Appeals".

-End-

-CITE-

43 USC Sec. 1350 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1350. Remedies and penalties

-STATUTE-

(a) Injunctions, restraining orders, etc.

At the request of the Secretary, the Secretary of the Army, or

the Secretary of the Department in which the Coast Guard is

operating, the Attorney General or a United States attorney shall

institute a civil action in the district court of the United States

for the district in which the affected operation is located for a

temporary restraining order, injunction, or other appropriate

remedy to enforce any provision of this subchapter, any regulation

or order issued under this subchapter, or any term of a lease,

license, or permit issued pursuant to this subchapter.

(b) Civil penalties; hearing

(1) Except as provided in paragraph (2), if any person fails to

comply with any provision of this subchapter, or any term of a

lease, license, or permit issued pursuant to this subchapter, or

any regulation or order issued under this subchapter, after notice

of such failure and expiration of any reasonable period allowed for

corrective action, such person shall be liable for a civil penalty

of not more than $20,000 for each day of the continuance of such

failure. The Secretary may assess, collect, and compromise any such

penalty. No penalty shall be assessed until the person charged with

a violation has been given an opportunity for a hearing. The

Secretary shall, by regulation at least every 3 years, adjust the

penalty specified in this paragraph to reflect any increases in the

Consumer Price Index (all items, United States city average) as

prepared by the Department of Labor.

(2) If a failure described in paragraph (1) constitutes or

constituted a threat of serious, irreparable, or immediate harm or

damage to life (including fish and other aquatic life), property,

any mineral deposit, or the marine, coastal, or human environment,

a civil penalty may be assessed without regard to the requirement

of expiration of a period allowed for corrective action.

(c) Criminal penalties

Any person who knowingly and willfully (1) violates any provision

of this subchapter, any term of a lease, license, or permit issued

pursuant to this subchapter, or any regulation or order issued

under the authority of this subchapter designed to protect health,

safety, or the environment or conserve natural resources, (2) makes

any false statement, representation, or certification in any

application, record, report, or other document filed or required to

be maintained under this subchapter, (3) falsifies, tampers with,

or renders inaccurate any monitoring device or method of record

required to be maintained under this subchapter, or (4) reveals any

data or information required to be kept confidential by this

subchapter shall, upon conviction, be punished by a fine of not

more than $100,000, or by imprisonment for not more than ten years,

or both. Each day that a violation under clause (1) of this

subsection continues, or each day that any monitoring device or

data recorder remains inoperative or inaccurate because of any

activity described in clause (3) of this subsection, shall

constitute a separate violation.

(d) Liability of corporate officers and agents for violations by

corporation

Whenever a corporation or other entity is subject to prosecution

under subsection (c) of this section, any officer or agent of such

corporation or entity who knowingly and willfully authorized,

ordered, or carried out the proscribed activity shall be subject to

the same fines or imprisonment, or both, as provided for under

subsection (c) of this section.

(e) Concurrent and cumulative nature of penalties

The remedies and penalties prescribed in this subchapter shall be

concurrent and cumulative and the exercise of one shall not

preclude the exercise of the others. Further, the remedies and

penalties prescribed in this subchapter shall be in addition to any

other remedies and penalties afforded by any other law or

regulation.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 24, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101-380,

title VIII, Sec. 8201, Aug. 18, 1990, 104 Stat. 570.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-380 substituted "(1) Except as

provided in paragraph (2), if any" for "If any", substituted

"$20,000" for "$10,000", inserted at end "The Secretary shall, by

regulation at least every 3 years, adjust the penalty specified in

this paragraph to reflect any increases in the Consumer Price Index

(all items, United States city average) as prepared by the

Department of Labor", and added par. (2).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

43 USC Sec. 1351 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1351. Oil and gas development and production

-STATUTE-

(a) Development and production plans; submission to Secretary;

statement of facilities and operation; submission to Governors of

affected States and local governments

(1) Prior to development and production pursuant to an oil and

gas lease issued after September 18, 1978, in any area of the outer

Continental Shelf, other than the Gulf of Mexico, or issued or

maintained prior to September 18, 1978, in any area of the outer

Continental Shelf, other than the Gulf of Mexico, with respect to

which no oil or gas has been discovered in paying quantities prior

to September 18, 1978, the lessee shall submit a development and

production plan (hereinafter in this section referred to as a

"plan") to the Secretary, for approval pursuant to this section.

(2) A plan shall be accompanied by a statement describing all

facilities and operations, other than those on the outer

Continental Shelf, proposed by the lessee and known by him (whether

or not owned or operated by such lessee) which will be constructed

or utilized in the development and production of oil or gas from

the lease area, including the location and site of such facilities

and operations, the land, labor, material, and energy requirements

associated with such facilities and operations, and all

environmental and safety safeguards to be implemented.

(3) Except for any privileged or proprietary information (as such

term is defined in regulations issued by the Secretary), the

Secretary, within ten days after receipt of a plan and statement,

shall (A) submit such plan and statement to the Governor of any

affected State, and, upon request to the executive of any affected

local government, and (B) make such plan and statement available to

any appropriate interstate regional entity and the public.

(b) Development and production activities in accordance with plan

as lease requirement

After September 18, 1978, no oil and gas lease may be issued

pursuant to this subchapter in any region of the outer Continental

Shelf, other than the Gulf of Mexico, unless such lease requires

that development and production activities be carried out in

accordance with a plan which complies with the requirements of this

section.

(c) Scope and contents of plan

A plan may apply to more than one oil and gas lease, and shall

set forth, in the degree of detail established by regulations

issued by the Secretary -

(1) the specific work to be performed;

(2) a description of all facilities and operations located on

the outer Continental Shelf which are proposed by the lessee or

known by him (whether or not owned or operated by such lessee) to

be directly related to the proposed development, including the

location and size of such facilities and operations, and the

land, labor, material, and energy requirements associated with

such facilities and operations;

(3) the environmental safeguards to be implemented on the outer

Continental Shelf and how such safeguards are to be implemented;

(4) all safety standards to be met and how such standards are

to be met;

(5) an expected rate of development and production and a time

schedule for performance; and

(6) such other relevant information as the Secretary may by

regulation require.

(d) State concurrence in land or water zone use in coastal zone of

State

The Secretary shall not grant any license or permit for any

activity described in detail in a plan and affecting any land use

or water use in the coastal zone of a State with a coastal zone

management program approved pursuant to section 306 of the Coastal

Zone Management Act of 1972 (16 U.S.C. 1455), unless the State

concurs or is conclusively presumed to concur with the consistency

certification accompanying such plan pursuant to section

307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C. 1456(c)(3)(B)(i) or

(ii)], or the Secretary of Commerce makes the finding authorized by

section 307(c)(3)(B)(iii) of such Act [16 U.S.C.

1456(c)(3)(B)(iii)].

(e) Declaration of approval of development and production plan as

major Federal action; submission of preliminary or final lease

plans prior to commencement of National Environmental Policy

provisions procedures

(1) At least once the Secretary shall declare the approval of a

development and production plan in any area or region (as defined

by the Secretary) of the outer Continental Shelf, other than the

Gulf of Mexico, to be a major Federal action.

(2) The Secretary may require lessees of tracts for which

development and production plans have not been approved, to submit

preliminary or final plans for their leases, prior to or

immediately after a determination by the Secretary that the

procedures under the National Environmental Policy Act of 1969 [42

U.S.C. 4321 et seq.] shall commence.

(f) Plans considered major Federal actions; submission of draft

environmental impact statement to Governors of affected States

and local governments

If approval of a development and production plan is found to be a

major Federal action, the Secretary shall transmit the draft

environmental impact statement to the Governor of any affected

State, and upon request, to the executive of any local government,

and shall make such draft available to any appropriate interstate

regional entity and the public.

(g) Plans considered nonmajor Federal actions; comments and

recommendations from States

If approval of a development and production plan is not found to

be a major Federal action, the Governor of any affected State and

the executive of any affected local government shall have sixty

days from the date of receipt of the plan from the Secretary to

submit comments and recommendations. Prior to submitting

recommendations to the Secretary, the executive of any affected

local government must forward his recommendations to the Governor

of his State. Such comments and recommendations shall be made

available to the public upon request. In addition, any interested

person may submit comments and recommendations.

(h) Approval, disapproval or modification of plan; reapplication;

periodic review

(1) After reviewing the record of any public hearing held with

respect to the approval of a plan pursuant to the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] or the

comments and recommendations submitted under subsection (g) of this

section, the Secretary shall, within sixty days after the release

of the final environmental impact statement prepared pursuant to

the National Environmental Policy Act of 1969 in accordance with

subsection (e) of this section, or sixty days after the period

provided for comment under subsection (g) of this section, approve,

disapprove, or require modifications of the plan. The Secretary

shall require modification of a plan if he determines that the

lessee has failed to make adequate provision in such plan for safe

operations on the lease area or for protection of the human,

marine, or coastal environment, including compliance with the

regulations prescribed by the Secretary pursuant to paragraph (8)

of section 1334(a) of this title. Any modification required by the

Secretary which involves activities for which a Federal license or

permit is required and which affects any land use or water use in

the coastal zone of a State with a coastal zone management program

approved pursuant to section 306 of the Coastal Zone Management Act

of 1972 (16 U.S.C. 1455) must receive concurrence by such State

with respect to the consistency certification accompanying such

plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act [16

U.S.C. 1456(c)(3)(B)(i) or (ii)] unless the Secretary of Commerce

makes the finding authorized by section 307(c)(3)(B)(iii) of such

Act [16 U.S.C. 1456(c)(3)(B)(iii)]. The Secretary shall disapprove

a plan -

(A) if the lessee fails to demonstrate that he can comply with

the requirements of this subchapter or other applicable Federal

law, including the regulations prescribed by the Secretary

pursuant to paragraph (8) of section 1334(a) of this title;

(B) if any of the activities described in detail in the plan

for which a Federal license or permit is required and which

affects any land use or water use in the coastal zone of a State

with a coastal zone management program approved pursuant to

section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.

1455) do not receive concurrence by such State with respect to

the consistency certification accompanying such plan pursuant to

section 307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C.

1456(c)(3)(B)(i) or (ii)] and the Secretary of Commerce does not

make the finding authorized by section 307(c)(3)(B)(iii) of such

Act [16 U.S.C. 1456(c)(3)(B)(iii)];

(C) if operations threaten national security or national

defense; or

(D) if the Secretary determines, because of exceptional

geological conditions in the lease areas, exceptional resource

values in the marine or coastal environment, or other exceptional

circumstances, that (i) implementation of the plan would probably

cause serious harm or damage to life (including fish and other

aquatic life), to property, to any mineral deposits (in areas

leased or not leased), to the national security or defense, or to

the marine, coastal or human environments, (ii) the threat of

harm or damage will not disappear or decrease to an acceptable

extent within a reasonable period of time, and (iii) the

advantages of disapproving the plan outweigh the advantages of

development and production.

(2)(A) If a plan is disapproved -

(i) under subparagraph (A) of paragraph (1); or

(ii) under subparagraph (B) of paragraph (1) with respect to a

lease issued after approval of a coastal zone management program

pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C.

1455),

the lessee shall not be entitled to compensation because of such

disapproval.

(B) If a plan is disapproved -

(i) under subparagraph (C) or (D) of paragraph (1); or

(ii) under subparagraph (B) of paragraph (1) with respect to a

lease issued before approval of a coastal zone management program

pursuant to the Coastal Zone Management Act of 1972 [16 U.S.C.

1451 et seq.], and such approval occurs after the lessee has

submitted a plan to the Secretary,

the term of the lease shall be duly extended, and at any time

within five years after such disapproval, the lessee may reapply

for approval of the same or a modified plan, and the Secretary

shall approve, disapprove, or require modifications of such plan in

accordance with this subsection.

(C) Upon expiration of the five-year period described in

subparagraph (B) of this paragraph, or, in the Secretary's

discretion, at an earlier time upon request of a lessee, if the

Secretary has not approved a plan, the Secretary shall cancel the

lease and the lessee shall be entitled to receive compensation in

accordance with section 1334(a)(2)(C) of this title. The Secretary

may, at any time within the five-year period described in

subparagraph (B) of this paragraph, require the lessee to submit a

development and production plan for approval, disapproval, or

modification. If the lessee fails to submit a required plan

expeditiously and in good faith, the Secretary shall find that the

lessee has not been duly diligent in pursuing his obligations under

the lease, and shall immediately initiate procedures to cancel such

lease, without compensation, under the provisions of section

1334(c) of this title.

(3) The Secretary shall, from time to time, review each plan

approved under this section. Such review shall be based upon

changes in available information and other onshore or offshore

conditions affecting or impacted by development and production

pursuant to such plan. If the review indicates that the plan should

be revised to meet the requirements of this subsection, the

Secretary shall require such revision.

(i) Approval of revision of approved plan

The Secretary may approve any revision of an approved plan

proposed by the lessee if he determines that such revision will

lead to greater recovery of oil and natural gas, improve the

efficiency, safety, and environmental protection of the recovery

operation, is the only means available to avoid substantial

economic hardship to the lessee, or is otherwise not inconsistent

with the provisions of this subchapter, to the extent such revision

is consistent with protection of the human, marine, and coastal

environments. Any revision of an approved plan which the Secretary

determines is significant shall be reviewed in accordance with

subsections (d) through (f) of this section.

(j) Cancellation of lease on failure to submit plan or comply with

approved plan

Whenever the owner of any lease fails to submit a plan in

accordance with regulations issued under this section, or fails to

comply with an approved plan, the lease may be canceled in

accordance with section 1334(c) and (d) of this title. Termination

of a lease because of failure to comply with an approved plan,

including required modifications or revisions, shall not entitle a

lessee to any compensation.

(k) Production and transportation of natural gas; submission of

plan to Federal Energy Regulatory Commission; impact statement

If any development and production plan submitted to the Secretary

pursuant to this section provides for the production and

transportation of natural gas, the lessee shall contemporaneously

submit to the Federal Energy Regulatory Commission that portion of

such plan which relates to production of natural gas and the

facilities for transportation of natural gas. The Secretary and the

Federal Energy Regulatory Commission shall agree as to which of

them shall prepare an environmental impact statement pursuant to

the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et

seq.] applicable to such portion of such plan, or conduct studies

as to the effect on the environment of implementing it. Thereafter,

the findings and recommendations by the agency preparing such

environmental impact statement or conducting such studies pursuant

to such agreement shall be adopted by the other agency, and such

other agency shall not independently prepare another environmental

impact statement or duplicate such studies with respect to such

portion of such plan, but the Federal Energy Regulatory Commission,

in connection with its review of an application for a certificate

of public convenience and necessity applicable to such

transportation facilities pursuant to section 717f of title 15, may

prepare such environmental studies or statement relevant to

certification of such transportation facilities as have not been

covered by an environmental impact statement or studies prepared by

the Secretary. The Secretary, in consultation with the Federal

Energy Regulatory Commission, shall promulgate rules to implement

this subsection, but the Federal Energy Regulatory Commission shall

retain sole authority with respect to rules and procedures

applicable to the filing of any application with the Commission and

to all aspects of the Commission's review of, and action on, any

such application.

(l) Application of provisions to leases in Gulf of Mexico

The Secretary may require the provisions of this section to apply

to an oil and gas lease issued or maintained under this subchapter,

which is located in that area of the Gulf of Mexico which is

adjacent to the State of Florida, as determined pursuant to section

1333(a)(2) of this title.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 25, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 659.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (e)(2), (h)(1), and (k), is Pub. L. 91-190, Jan. 1, 1970,

83 Stat. 852, as amended, which is classified generally to chapter

55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 4321 of Title 42 and Tables.

The Coastal Zone Management Act of 1972, referred to in subsec.

(h)(2)(A)(ii), (B)(ii), is title III of Pub. L. 89-454, as added by

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is

classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1451 of Title 16 and

Tables.

-End-

-CITE-

43 USC Sec. 1352 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1352. Oil and gas information program

-STATUTE-

(a) Access to data and information obtained by lessee or permittee

from oil or gas exploration, etc., data obtained by Federal

department or agency from geological and geophysical explorations

(1)(A) Any lessee or permittee conducting any exploration for, or

development or production of, oil or gas pursuant to this

subchapter shall provide the Secretary access to all data and

information (including processed, analyzed, and interpreted

information) obtained from such activity and shall provide copies

of such data and information as the Secretary may request. Such

data and information shall be provided in accordance with

regulations which the Secretary shall prescribe.

(B) If an interpretation provided pursuant to subparagraph (A) of

this paragraph is made in good faith by the lessee or permittee,

such lessee or permittee shall not be held responsible for any

consequence of the use of or reliance upon such interpretation.

(C) Whenever any data and information is provided to the

Secretary, pursuant to subparagraph (A) of this paragraph -

(i) by a lessee, in the form and manner of processing which is

utilized by such lessee in the normal conduct of his business,

the Secretary shall pay the reasonable cost of reproducing such

data and information;

(ii) by a lessee, in such other form and manner of processing

as the Secretary may request, the Secretary shall pay the

reasonable cost of processing and reproducing such data and

information;

(iii) by a permittee, in the form and manner of processing

which is utilized by such permittee in the normal conduct of his

business, the Secretary shall pay such permittee the reasonable

cost of reproducing such data and information for the Secretary

and shall pay at the lowest rate available to any purchaser for

processing such data and information the costs attributable to

such processing; and

(iv) by a permittee, in such other form and manner of

processing as the Secretary may request, the Secretary shall pay

such permittee the reasonable cost of processing and reproducing

such data and information for the Secretary,

pursuant to such regulations as he may prescribe.

(2) Each Federal department and agency shall provide the

Secretary with any data obtained by such Federal department or

agency pursuant to section 1340 of this title, and any other

information which may be necessary or useful to assist him in

carrying out the provisions of this subchapter.

(b) Processing, analyzing, and interpreting information;

availability of summary of data to affected States and local

government

(1) Data and information provided to the Secretary pursuant to

subsection (a) of this section shall be processed, analyzed, and

interpreted by the Secretary for purposes of carrying out his

duties under this subchapter.

(2) As soon as practicable after information provided to the

Secretary pursuant to subsection (a) of this section is processed,

analyzed, and interpreted, the Secretary shall make available to

the affected States, and upon request, to any affected local

government, a summary of data designed to assist them in planning

for the onshore impacts of possible oil and gas development and

production. Such summary shall include estimates of (A) the oil and

gas reserves in areas leased or to be leased, (B) the size and

timing of development if and when oil or gas, or both, is found,

(C) the location of pipelines, and (D) the general location and

nature of onshore facilities.

(c) Confidentiality of information; regulations

The Secretary shall prescribe regulations to (1) assure that the

confidentiality of privileged or proprietary information received

by the Secretary under this section will be maintained, and (2) set

forth the time periods and conditions which shall be applicable to

the release of such information. Such regulations shall include a

provision that no such information will be transmitted to any

affected State unless the lessee, or the permittee and all persons

to whom such permittee has sold such information under promise of

confidentiality, agree to such transmittal.

(d) Transmittal of information to affected State; protection of

competitive position

(1) The Secretary shall transmit to any affected State -

(A) an index, and upon request copies of, all relevant actual

or proposed programs, plans, reports, environmental impact

statements, tract nominations (including negative nominations)

and other lease sale information, any similar type of relevant

information, and all modifications and revisions thereof and

comments thereon, prepared or obtained by the Secretary pursuant

to this subchapter, but no information transmitted by the

Secretary under this subsection shall identify any particular

tract with the name or names of any particular party so as not to

compromise the competitive position of any party or parties

participating in the nominations;

(B)(i) the summary of data prepared by the Secretary pursuant

to subsection (b)(2) of this section, and (ii) any other

processed, analyzed, or interpreted data prepared by the

Secretary pursuant to subsection (b)(1) of this section, unless

the Secretary determines that transmittal of such data prepared

pursuant to subsection (b)(1) of this section would unduly damage

the competitive position of the lessee or permittee who provided

the Secretary with the information which the Secretary had

processed, analyzed, or interpreted; and

(C) any relevant information received by the Secretary pursuant

to subsection (a) of this section, subject to any applicable

requirements as to confidentiality which are set forth in

regulations prescribed under subsection (c) of this section.

(2) Notwithstanding the provisions of any regulation required

pursuant to the second sentence of subsection (c) of this section,

the Governor of any affected State may designate an appropriate

State official to inspect, at a regional location which the

Secretary shall designate, any privileged information received by

the Secretary regarding any activity adjacent to such State, except

that no such inspection shall take place prior to the sale of a

lease covering the area in which such activity was conducted.

Knowledge obtained by such State during such inspection shall be

subject to applicable requirements as to confidentiality which are

set forth in regulations prescribed under subsection (c) of this

section.

(e) Agreement with State to waive defenses and hold United States

harmless from failure to maintain confidentiality of information

Prior to transmitting any privileged information to any State, or

granting such State access to such information, the Secretary shall

enter into a written agreement with the Governor of such State in

which such State agrees, as a condition precedent to receiving or

being granted access to such information, to waive the defenses set

forth in subsection (f)(2) of this section, and to hold the United

States harmless from any violations of the regulations prescribed

pursuant to subsection (c) of this section that the State or its

employees may commit.

(f) Civil action against United States or State for failure to

maintain confidentiality of information; certain defenses

unavailable

(1) Whenever any employee of the Federal Government or of any

State reveals information in violation of the regulations

prescribed pursuant to subsection (c) of this section, the lessee

or permittee who supplied such information to the Secretary or to

any other Federal official, and any person to whom such lessee or

permittee has sold such information under promise of

confidentiality, may commence a civil action for damages in the

appropriate district court of the United States against the Federal

Government or such State, as the case may be.

(2) In any action commenced against the Federal Government or a

State pursuant to paragraph (1) of this subsection, the Federal

Government or such State, as the case may be, may not raise as a

defense (A) any claim of sovereign immunity, or (B) any claim that

the employee who revealed the privileged information which is the

basis of such suit was acting outside the scope of his employment

in revealing such information.

(g) Preemption of State law by Federal law

Any provision of State or local law which provides for public

access to any privileged information received or obtained by any

person pursuant to this subchapter is expressly preempted by the

provisions of this section, to the extent that it applies to such

information.

(h) Failure by State to comply with regulations; withholding of

information

If the Secretary finds that any State cannot or does not comply

with the regulations issued under subsection (c) of this section,

he shall thereafter withhold transmittal and deny inspection of

privileged information to such State until he finds that such State

can and will comply with such regulations.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 26, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 664.)

-MISC1-

PAYMENT OF PROCESSING COSTS FOR DATA AND INFORMATION ACQUIRED;

PERMITTEES ELIGIBLE

Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided

that: "Notwithstanding any other provision of law, for data and

information acquired in fiscal year 1986 or thereafter, by the

Secretary, pursuant to section 1352(a)(1)(C)(iii) of title 43,

United States Code, payment shall be made for processing costs to

permittees with permits issued on or before September 30, 1985."

PAYMENT OF COSTS OF REPRODUCING DATA AND INFORMATION PROVIDED TO

SECRETARY

Pub. L. 99-190, Sec. 101(d) [title I, Sec. 100], Dec. 19, 1985,

99 Stat. 1224, 1232, provided: "That notwithstanding any other

provision of law, when in fiscal year 1986 and thereafter any

permittee provides data and information to the Secretary pursuant

to section 1352(a)(1)(C)(iii) of title 43, United States Code, the

Secretary shall pay only the reasonable cost of reproducing such

data and information."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1337, 1345 of this title;

title 42 section 6508.

-End-

-CITE-

43 USC Sec. 1353 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1353. Federal purchase and disposition of oil and gas

-STATUTE-

(a) Payment of royalties or net profit shares in oil and gas;

purchase of oil and gas by United States; transfer of title to

Federal agencies

(1) Except as may be necessary to comply with the provisions of

sections 1335 and 1336 of this title, all royalties or net profit

shares, or both, accruing to the United States under any oil and

gas lease issued or maintained in accordance with this subchapter,

shall, on demand of the Secretary, be paid in oil or gas.

(2) The United States shall have the right to purchase not to

exceed 16 2/3 per centum by volume of the oil and gas produced

pursuant to a lease issued or maintained in accordance with this

subchapter, at the regulated price, or, if no regulated price

applies, at the fair market value at the well head of the oil and

gas saved, removed, or sold, except that any oil or gas obtained by

the United States as royalty or net profit share shall be credited

against the amount that may be purchased under this subsection.

(3) Title to any royalty, net profit share, or purchased oil or

gas may be transferred, upon request, by the Secretary to the

Secretary of Defense, to the Administrator of the General Services

Administration, or to the Secretary of Energy, for disposal within

the Federal Government.

(b) Sale of oil by United States to public; disposition of oil to

small refiners; application of other laws

(1) The Secretary, except as provided in this subsection, may

offer to the public and sell by competitive bidding for not more

than its regulated price, or, if no regulated price applies, not

less than its fair market value, any part of the oil (A) obtained

by the United States pursuant to any lease as royalty or net profit

share, or (B) purchased by the United States pursuant to subsection

(a)(2) of this section.

(2) Whenever, after consultation with the Secretary of Energy,

the Secretary determines that small refiners do not have access to

adequate supplies of oil at equitable prices, the Secretary may

dispose of any oil which is taken as a royalty or net profit share

accruing or reserved to the United States pursuant to any lease

issued or maintained under this subchapter, or purchased by the

United States pursuant to subsection (a)(2) of this section, by

conducting a lottery for the sale of such oil, or may equitably

allocate such oil among the competitors for the purchase of such

oil, at the regulated price, or if no regulated price applies, at

its fair market value. The Secretary shall limit participation in

any allocation or lottery sale to assure such access and shall

publish notice of such allocation or sale, and the terms thereof,

at least thirty days in advance. Such notice shall include

qualifications for participation, the amount of oil to be sold, and

any limitation in the amount of oil which any participant may be

entitled to purchase.

(3) The Secretary may only sell or otherwise dispose of oil

described in paragraph (1) of this subsection in accordance with

any provision of law, or regulations issued in accordance with such

provisions, which provide for the Secretary of Energy to allocate,

transfer, exchange, or sell oil in amounts or at prices determined

by such provision of law or regulations.

(c) Sale of gas by United States to public

(1) Except as provided in paragraph (2) of this subsection, the

Secretary, pursuant to such terms as he determines, many (!1) offer

to the public and sell by competitive bidding for not more than its

regulated price, or, if no regulated price applies, not less than

its fair market value any part of the gas (A) obtained by the

United States pursuant to a lease as royalty or net profit share,

or (B) purchased by the United States pursuant to subsection (a)(2)

of this section.

(2) Whenever, after consultation with and advice from the

Secretary of Energy, the Federal Energy Regulatory Commission

determines that an emergency shortage of natural gas is threatening

to cause severe economic or social dislocation in any region of the

United States and that such region can be serviced in a practical,

feasible, and efficient manner by royalty, net profit share, or

purchased gas obtained pursuant to the provisions of this section,

the Secretary of the Interior may allocate or conduct a lottery for

the sale of such gas, and shall limit participation in any

allocation or lottery sale of such gas to any person servicing such

region, but he shall not sell any such gas for more than its

regulated price, or, if no regulated price applies, less than its

fair market value. Prior to selling or allocating any gas pursuant

to this subsection, the Secretary shall consult with the Federal

Energy Regulatory Commission.

(d) Purchase by lessee of Federal oil or gas for which no bids

received

The lessee shall take any Federal oil or gas for which no

acceptable bids are received, as determined by the Secretary, and

which is not transferred pursuant to subsection (a)(3) of this

section, and shall pay to the United States a cash amount equal to

the regulated price, or, if no regulated price applies, the fair

market value of the oil or gas so obtained.

(e) Definitions

As used in this section -

(1) the term "regulated price" means the highest price -

(A) at which oil many (!2) be sold pursuant to the Emergency

Petroleum Allocation Act of 1973 (!3) [15 U.S.C. 751 et seq.]

and any rule or order issued under such Act;

(B) at which natural gas may be sold to natural-gas companies

pursuant to the Natural Gas Act [15 U.S.C. 717 et seq.], any

other Act, regulations governing natural gas pricing, or any

rule or order issued under any such Act or any such

regulations; or

(C) at which either Federal oil or gas may be sold under any

other provision of law or rule or order thereunder which sets a

price (or manner for determining a price) for oil or gas; and

(2) the term "small refiner" has the meaning given such term by

Small Business Administration Standards 128.3-8(d) and (g), as in

effect on September 18, 1978, or as there-after revised or

amended.

(f) Purchase of oil and gas in time of war

Nothing in this section shall prohibit the right of the United

States to purchase any oil or gas produced on the outer Continental

Shelf as provided by section 1341(b) of this title.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 27, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 666.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (e)(1)(A), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628,

as amended, which was classified generally to chapter 16A (Sec. 751

et seq.) of Title 15, Commerce and Trade, and was omitted from the

Code pursuant to section 760g of Title 15, which provided for the

expiration of the President's authority under that chapter on Sept.

30, 1981.

The Natural Gas Act, referred to in subsec. (e)(1)(B), is act

June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is

classified generally to chapter 15B (Sec. 717 et seq.) of Title 15.

For complete classification of that Act to the Code, see section

717w of Title 15 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested in Secretary of Energy and Department of Energy

under or with respect to subsec. (b)(2), (3) of this section,

transferred to, and vested in, Secretary of the Interior, by

section 100 of Pub. L. 97-257, 96 Stat. 841, set out as a note

under section 7152 of Title 42, The Public Health and Welfare.

-FOOTNOTE-

(!1) So in original. Probably should be "may".

(!2) So in original. Probably should be "may".

(!3) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1354 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1354. Limitations on export of oil or gas

-STATUTE-

(a) Application of Export Administration provisions

Except as provided in subsection (d) of this section, any oil or

gas produced from the outer Continental Shelf shall be subject to

the requirements and provisions of the Export Administration Act of

1969.

(b) Condition precedent to exportation; express finding by

President of no increase in reliance on imported oil or gas

Before any oil or gas subject to this section may be exported

under the requirements and provisions of the Export Administration

Act of 1969, the President shall make and publish an express

finding that such exports will not increase reliance on imported

oil or gas, are in the national interest, and are in accord with

the provisions of the Export Administration Act of 1969.

(c) Report of findings by President to Congress; joint resolution

of disagreement with findings of President

The President shall submit reports to the Congress containing

findings made under this section, and after the date of receipt of

such report Congress shall have a period of sixty calendar days,

thirty days of which Congress must have been in session, to

consider whether exports under the terms of this section are in the

national interest. If the Congress within such time period passes a

concurrent resolution of disapproval stating disagreement with the

President's finding concerning the national interest, further

exports made pursuant to such Presidential findings shall cease.

(d) Exchange or temporary exportation of oil and gas for

convenience or efficiency of transportation

The provisions of this section shall not apply to any oil or gas

which is either exchanged in similar quantity for convenience or

increased efficiency of transportation with persons or the

government of a foreign state, or which is temporarily exported for

convenience or increased efficiency of transportation across parts

of an adjacent foreign state and reenters the United States, or

which is exchanged or exported pursuant to an existing

international agreement.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 28, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1969, referred to in subsecs.

(a) and (b), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as

amended, which was formerly classified to sections 2401 to 2413 of

Title 50, Appendix, War and National Defense, and which terminated

on Sept. 30, 1979, pursuant to the terms of that Act.

-End-

-CITE-

43 USC Sec. 1355 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1355. Restrictions on employment of former officers or

employees of Department of the Interior

-STATUTE-

No full-time officer or employee of the Department of the

Interior who directly or indirectly discharged duties or

responsibilities under this subchapter, and who was at any time

during the twelve months preceding the termination of his

employment with the Department compensated under the Executive

Schedule or compensated at or above the annual rate of basic pay

for grade GS-16 of the General Schedule shall -

(1) within two years after his employment with the Department

has ceased -

(A) knowingly act as agent or attorney for, or otherwise

represent, any other person (except the United States) in any

formal or informal appearance before;

(B) with the intent to influence, make any oral or written

communication on behalf of any other person (except the United

States) to; or

(C) knowingly aid or assist in representing any other person

(except the United States) in any formal or informal appearance

before,

any department, agency, or court of the United States, or any

officer or employee thereof, in connection with any judicial or

other proceeding, application, request for a ruling or other

determination, regulation, order, lease, permit, rulemaking, or

other particular matter involving a specific party or parties in

which the United States is a party or has a direct and

substantial interest which was actually pending under his

official responsibility as an officer or employee within a period

of one year prior to the termination of such responsibility or in

which he participated personally and substantially as an officer

or employee; or

(2) within one year after his employment with the Department

has ceased -

(A) knowingly act as agent or attorney for, or otherwise

represent, any other person (except the United States) in any

formal or informal appearance before; or

(B) with the intent to influence, make any oral or written

communication on behalf of any other person (except the United

States) to,

the Department of the Interior, or any officer or employee

thereof, in connection with any judicial, rulemaking, regulation,

order, lease, permit, regulation, or other particular matter

which is pending before the Department of the Interior or in

which the Department has a direct and substantial interest.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 29, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-

REFERENCES IN TEXT

The Executive Schedule, referred to in text, is set out in

section 5311 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

43 USC Sec. 1356 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1356. Documentary, registry and manning requirements

-STATUTE-

(a) Regulations

Within six months after September 18, 1978, the Secretary of the

Department in which the Coast Guard is operating shall issue

regulations which require that any vessel, rig, platform, or other

vehicle or structure -

(1) which is used at any time after the one-year period

beginning on the effective date of such regulations for

activities pursuant to this subchapter and which is built or

rebuilt at any time after such one-year period, when required to

be documented by the laws of the United States, be documented

under the laws of the United States;

(2) which is used for activities pursuant to this subchapter,

comply, except as provided in subsection (b) of this section,

with such minimum standards of design, construction, alteration,

and repair as the Secretary or the Secretary of the Department in

which the Coast Guard is operating establishes; and

(3) which is used at any time after the one-year period

beginning on the effective date of such regulations for

activities pursuant to this subchapter, be manned or crewed,

except as provided in subsection (c) of this section, by citizens

of the United States or aliens lawfully admitted to the United

States for permanent residence.

(b) Exceptions from design, construction, alteration, and repair

requirements

The regulations issued under subsection (a)(2) of this section

shall not apply to any vessel, rig, platform, or other vehicle or

structure built prior to September 18, 1978, until such time after

such date as such vehicle or structure is rebuilt.

(c) Exceptions from manning requirements

The regulations issued under subsection (a)(3) of this section

shall not apply -

(1) to any vessel, rig, platform, or other vehicle or structure

if -

(A) specific contractual provisions or national registry

manning requirements in effect on September 18, 1978, provide

to the contrary;

(B) there are not a sufficient number of citizens of the

United States, or aliens lawfully admitted to the United States

for permanent residence, qualified and available for such work;

or

(C) the President makes a specific finding, with respect to

the particular vessel, rig, platform, or other vehicle or

structure, that application would not be consistent with the

national interest; and

(2) to any vessel, rig, platform, or other vehicle or

structure, over 50 percent of which is owned by citizens of a

foreign nation or with respect to which the citizens of a foreign

nation have the right effectively to control, except to the

extent and to the degree that the President determines that the

government of such foreign nation or any of its political

subdivisions has implemented, by statute, regulation, policy, or

practice, a national manning requirement for equipment engaged in

the exploration, development, or production of oil and gas in its

offshore areas.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 30, as added Pub. L. 95-372, title II,

Sec. 208, Sept. 18, 1978, 92 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

43 USC Sec. 1356a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 29 - SUBMERGED LANDS

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1356a. Coastal impact assistance

-STATUTE-

(a) In general

Nothing in this section shall be construed as a permanent

authorization.

(b) Definitions

When used in this section:

(1) The term "coastal political subdivision" means a county,

parish, or any equivalent subdivision of a Producing Coastal

State all or part of which subdivision lies within the coastal

zone (as defined in section 304(1) of the Coastal Zone Management

Act of 1972 (16 U.S.C. 1453(1)).

(2) The term "coastal population" means the population of all

political subdivisions, as determined by the most recent official

data of the Census Bureau, contained in whole or in part within

the designated coastal boundary of a State as defined in a

State's coastal zone management program under the Coastal Zone

Management Act (!1) (16 U.S.C. 1451 et seq.).

(3) The term "Coastal State" has the same meaning as provided

by subsection 304(4) of the Coastal Zone Management Act (!1) (16

U.S.C. 1453(4)).

(4) The term "coastline" has the same meaning as the term

"coast line" as defined in subsection (!2) 1301(c) of this title.

(5) The term "distance" means minimum great circle distance,

measured in statute miles.

(6) The term "leased tract" means a tract maintained under

section 1335 of this title or leased under section 1337 of this

title for the purpose of drilling for, developing, and producing

oil and natural gas resources.

(7) The term "Producing Coastal State" means a Coastal State

with a coastal seaward boundary within 200 miles from the

geographic center of a leased tract other than a leased tract

within any area of the Outer Continental Shelf where a moratorium

on new leasing was in effect as of January 1, 2000, unless the

lease was issued prior to the establishment of the moratorium and

was in production on January 1, 2000.

(8) The term "qualified Outer Continental Shelf revenues" means

all amounts received by the United States from each leased tract

or portion of a leased tract lying seaward of the zone defined

and governed by section 1337(g) of this title, or lying within

such zone but to which section 1337(g) of this title does not

apply, the geographic center of which lies within a distance of

200 miles from any part of the coastline of any Coastal State,

including bonus bids, rents, royalties (including payments for

royalties taken in kind and sold), net profit share payments, and

related late payment interest. Such term does not include any

revenues from a leased tract or portion of a leased tract that is

included within any area of the Outer Continental Shelf where a

moratorium on new leasing was in effect as of January 1, 2000,

unless the lease was issued prior to the establishment of the

moratorium and was in production on January 1, 2000.

(9) The term "Secretary" means the Secretary of Commerce.

(c) Authorization

For fiscal year 2001, $150,000,000 is authorized to be

appropriated for the purposes of this section.

(d) Impact assistance payments to States and political subdivisions

The Secretary shall make payments from the amounts available

under this section to Producing Coastal States with an approved

Coastal Impact Assistance Plan, and to coastal political

subdivisions as follows:

(1) Allocations to Producing Coastal States

In each fiscal year, each Producing Coastal State's allocable

share shall be equal to the sum of the following:

(A) 60 percent of the amounts appropriated shall be equally

divided among all Producing Coastal States;

(B) 40 percent of the amounts appropriated for the purposes

of this section shall be divided among Producing Coastal States

based on Outer Continental Shelf production, except that of

such amounts no Producing Coastal State may receive more than

25 percent in any fiscal year.

(2) Calculation

The amount for each Producing Coastal State under paragraph

(1)(B) shall be calculated based on the ratio of qualified OCS

revenues generated off the coastline of the Producing Coastal

State to the qualified OCS revenues generated off the coastlines

of all Producing Coastal States for the period beginning on

January 1, 1995 and ending on December 31, 2000. Where there is

more than one Producing Coastal State within 200 miles of a

leased tract, the amount of each Producing Coastal State's

payment under paragraph (1)(B) for such leased tract shall be

inversely proportional to the distance between the nearest point

on the coastline of such State and the geographic center of each

leased tract or portion of the leased tract (to the nearest whole

mile) that is within 200 miles of that coastline, as determined

by the Secretary. A leased tract or portion of a leased tract

shall be excluded if the tract or portion is located in a

geographic area where a moratorium on new leasing was in effect

on January 1, 2000, unless the lease was issued prior to the

establishment of the moratorium and was in production on January

1, 2000.

(3) Payments to coastal political subdivisions

Thirty-five percent of each Producing Coastal State's allocable

share as determined under paragraph (1) shall be paid directly to

the coastal political subdivisions by the Secretary based on the

following formula, except that a coastal political subdivision in

the State of California that has a coastal shoreline, that is not

within 200 miles of the geographic center of a leased tract or

portion of a leased tract, and in which there is located one or

more oil refineries shall be eligible for that portion of the

allocation described in paragraph (C) in the same manner as if

that political subdivision were located within a distance of 50

miles from the geographic center of the closest leased tract with

qualified Outer Continental Shelf revenues:

(A) Twenty-five percent shall be allocated based on the ratio

of such coastal political subdivision's coastal population to

the coastal population of all coastal political subdivisions in

the Producing Coastal State.

(B) Twenty-five percent shall be allocated based on the ratio

of such coastal political subdivision's coastline miles to the

coastline miles of all coastal political subdivisions in the

Producing Coastal State.

(C) Fifty percent shall be allocated based on the relative

distance of such coastal political subdivision from any leased

tract used to calculate that Producing Coastal State's

allocation using ratios that are inversely proportional to the

distance between the point in the coastal political subdivision

closest to the geographic center of each leased tract or

portion, as determined by the Secretary. For purposes of the

calculations under this subparagraph, a leased tract or portion

of a leased tract shall be excluded if the leased tract or

portion is located in a geographic area where a moratorium on

new leasing was in effect on January 1, 2000, unless the lease

was issued prior to the establishment of the moratorium and was

in production on January 1, 2000.

(4) Failure to have plan approved

Any amount allocated to a Producing Coastal State or coastal

political subdivision but not disbursed because of a failure to

have an approved Coastal Impact Assistance Plan under this

section shall be allocated equally by the Secretary among all

other Producing Coastal States in a manner consistent with this

subsection except that the Secretary shall hold in escrow such

amount until the final resolution of any appeal regarding the

disapproval of a plan submitted under this section. The Secretary

may waive the provisions of this paragraph and hold a Producing

Coastal State's allocable share in escrow if the Secretary

determines that such State is making a good faith effort to

develop and submit, or update, a Coastal Impact Assistance Plan.

(e) Coastal Impact Assistance Plan

(1) Development and submission of State plans

The Governor of each Producing Coastal State shall prepare, and

submit to the Secretary, a Coastal Impact Assistance Plan. The

Governor shall solicit local input and shall provide for public

participation in the development of the plan. The plan shall be

submitted to the Secretary by July 1, 2001. Amounts received by

Producing Coastal States and coastal political subdivisions may

be used only for the purposes specified in the Producing Coastal

State's Coastal Impact Assistance Plan.

(2) Approval

The Secretary shall approve a plan under paragraph (1) prior to

disbursement of amounts under this section. The Secretary shall

approve the plan if the Secretary determines that the plan is

consistent with the uses set forth in subsection (f) of this

section and if the plan contains each of the following:

(A) The name of the State agency that will have the authority

to represent and act for the State in dealing with the

Secretary for purposes of this section.

(B) A program for the implementation of the plan which

describes how the amounts provided under this section will be

used.

(C) A contact for each political subdivision and description

of how coastal political subdivisions will use amounts provided

under this section, including a certification by the Governor

that such uses are consistent with the requirements of this

section.

(D) Certification by the Governor that ample opportunity has

been accorded for public participation in the development and

revision of the plan.

(E) Measures for taking into account other relevant Federal

resources and programs.

(3) Procedure

The Secretary shall approve or disapprove each plan or

amendment within 90 days of its submission.

(4) Amendment

Any amendment to the plan shall be prepared in accordance with

the requirements of this subsection and shall be submitted to the

Secretary for approval or disapproval.

(f) Authorized uses

Producing Coastal States and coastal political subdivisions shall

use amounts provided under this section, including any such amounts

deposited in a State or coastal political subdivision administered

trust fund dedicated to uses consistent with this subsection, in

compliance with Federal and State law and only for one or more of

the following purposes:

(1) uses set forth in new section 32(c)(4) of the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) proposed by

the amendment to H.R. 701 of the 106th Congress as reported by

the Senate Committee on Energy and Natural Resources;

(2) projects and activities for the conservation, protection or

restoration of wetlands;

(3) mitigating damage to fish, wildlife or natural resources,

including such activities authorized under subtitle B of title IV

of the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));

(4) planning assistance and administrative costs of complying

with the provisions of this section;

(5) implementation of Federally approved marine, coastal, or

comprehensive conservation management plans; and

(6) mitigating impacts of Outer Continental Shelf activities

through funding of (A) onshore infrastructure projects and (B)

other public service needs intended to mitigate the environmental

effects of Outer Continental Shelf activities: Provided, That

funds made available under this paragraph shall not exceed 23

percent of the funds provided under this section.

(g) Compliance with authorized uses

If the Secretary determines that any expenditure made by a

Producing Coastal State or coastal political subdivision is not

consistent with the uses authorized in subsection (f) of this

section, the Secretary shall not disburse any further amounts under

this section to that Producing Coastal State or coastal political

subdivision until the amounts used for the inconsistent expenditure

have been repaid or obligated for authorized uses.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 31, as added Pub. L. 106-553, Sec.

1(a)(2) [title IX, Sec. 903], Dec. 21, 2000, 114 Stat. 2762,

2762A-124.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act, referred to in subsec. (b)(2),

probably means the Coastal Zone Management Act of 1972, title III

of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 27, 1972, 86

Stat. 1280, as amended, which is classified generally to chapter 33

(Sec. 1451 et seq.) of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 1451 of Title 16 and Tables.

New section 32(c)(4) of the Outer Continental Shelf Lands Act (43

U.S.C. 1331 et seq.) proposed by the amendment to H.R. 701 of the

106th Congress as reported by the Senate Committee on Energy and

Natural Resources, referred to in subsec. (f)(1), which would have

set forth purposes for which Coastal States would be authorized to

use funds, was not enacted into law during the 106th Congress.

Oil Pollution Act of 1990, referred to in subsec. (f)(3), is Pub.

L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended. Subtitle B

[Secs. 4201-4204] of title IV of the Act amended section 1321 of

Title 33, Navigation and Navigable Waters, and section 12106 of

Title 46, Shipping, and enacted provisions set out as notes under

section 92 of Title 14, Coast Guard, and section 1321 of Title 33.

For complete classification of this Act to the Code, see Short

Title note set out under section 2701 of Title 33 and Tables.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "section".

-End-