-CITE- 43 USC CHAPTER 29 - SUBMERGED LANDS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 29 - SUBMERGED LANDS -HEAD- 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. Leases, easements, and rights-of-way on the outer Continental Shelf. (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. (p) Leases, easements, or rights-of-way for energy and related purposes. 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 program. (a) Definitions. (b) Payments to producing States and coastal political subdivisions. (c) Coastal impact assistance plan. (d) Authorized uses. -End- -CITE- 43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 29 - SUBMERGED LANDS SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 43 USC Sec. 1301 01/02/2006 -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. -End- -CITE- 43 USC Sec. 1302 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 -End- -CITE- 43 USC Sec. 1311 01/02/2006 -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. -End- -CITE- 43 USC Sec. 1312 01/02/2006 -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.) -End- -CITE- 43 USC Sec. 1313 01/02/2006 -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.) -End- -CITE- 43 USC Sec. 1314 01/02/2006 -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.) -End- -CITE- 43 USC Sec. 1315 01/02/2006 -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 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 29 - SUBMERGED LANDS SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS -HEAD- SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS -End- -CITE- 43 USC Sec. 1331 01/02/2006 -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, 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. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "accordance". -End- -CITE- 43 USC Sec. 1332 01/02/2006 -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 01/02/2006 -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. -FOOTNOTE- (!1) So in original. Probably should be "settling". -End- -CITE- 43 USC Sec. 1334 01/02/2006 -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 from any source 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; Pub. L. 109-58, title III, Sec. 321(a), Aug. 8, 2005, 119 Stat. 694.) -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 2005 - Subsec. (a)(5). Pub. L. 109-58 inserted "from any source" after "oil and gas". 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. -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 01/02/2006 -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. -End- -CITE- 43 USC Sec. 1336 01/02/2006 -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. -End- -CITE- 43 USC Sec. 1337 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 29 - SUBMERGED LANDS SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS -HEAD- Sec. 1337. Leases, easements, and rights-of-way on the outer Continental Shelf -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 and in the Planning Areas offshore Alaska, 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 enco