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United States
43 USC CHAPTER 29 - SUBMERGED LANDS

-CITE-
43 USC CHAPTER 29 - SUBMERGED LANDS 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
-MISC1-
CHAPTER 29 - SUBMERGED LANDS


-MISC1-
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1301. Definitions.
1302. Resources seaward of Continental Shelf.
1303. Amendment, modification, or repeal of other laws.

SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES
1311. Rights of States.
(a) Confirmation and establishment of title and
ownership of lands and resources; management,
administration, leasing, development, and use.
(b) Release and relinquishment of title and claims
of United States; payment to States of moneys
paid under leases.
(c) Leases in effect on June 5, 1950.
(d) Authority and rights of United States
respecting navigation, flood control and
production of power.
(e) Ground and surface waters west of 98th
meridian.
1312. Seaward boundaries of States.
1313. Exceptions from operation of section 1311 of this
title.
1314. Rights and powers retained by United States; purchase
of natural resources; condemnation of lands.
1315. Rights acquired under laws of United States
unaffected.

SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
1331. Definitions.
1332. Congressional declaration of policy.
1333. Laws and regulations governing lands.
(a) Constitution and United States laws; laws of
adjacent States; publication of projected
State lines; international boundary disputes;
restriction on State taxation and
jurisdiction.
(b) Longshore and Harbor Workers' Compensation Act
applicable; definitions.
(c) National Labor Relations Act applicable.
(d) Coast Guard regulations; marking of artificial
islands, installations, and other devices;
failure of owner suitably to mark according to
regulations.
(e) Authority of Secretary of the Army to prevent
obstruction to navigation.
(f) Provisions as nonexclusive.
1334. Administration of leasing.
(a) Rules and regulations; amendment; cooperation
with State agencies; subject matter and scope
of regulations.
(b) Compliance with regulations as condition for
issuance, continuation, assignment, or other
transfer of leases.
(c) Cancellation of nonproducing lease.
(d) Cancellation of producing lease.
(e) Pipeline rights-of-way; forfeiture of grant.
(f) Competitive principles governing pipeline
operation.
(g) Rates of production.
(h) Federal action affecting outer Continental
Shelf; notification; recommended changes.
(i) Flaring of natural gas.
(j) Cooperative development of common
hydrocarbon-bearing areas.
1335. Validation and maintenance of prior leases.
(a) Requirements for validation.
(b) Conduct of operations under lease; sulphur
rights.
(c) Nonwaiver of United States claims.
(d) Judicial review of determination.
(e) Lands beneath navigable waters.
1336. Controversies over jurisdiction; agreements; payments;
final settlement or adjudication; approval of notice
concerning oil and gas operations in Gulf of Mexico.
1337. Grant of leases by Secretary.
(a) Oil and gas leases; award to highest
responsible qualified bidder; method of
bidding; royalty relief; Congressional
consideration of bidding system; notice.
(b) Terms and provisions of oil and gas leases.
(c) Antitrust review of lease sales.
(d) Due diligence.
(e) Secretary's approval for sale, exchange,
assignment, or other transfer of leases.
(f) Antitrust immunity or defenses.
(g) Leasing of lands within three miles of seaward
boundaries of coastal States; deposit of
revenues; distribution of revenues.
(h) State claims to jurisdiction over submerged
lands.
(i) Sulphur leases; award to highest bidder; method
of bidding.
(j) Terms and provisions of sulphur leases.
(k) Other mineral leases; award to highest bidder;
terms and conditions; agreements for use of
resources for shore protection, beach or
coastal wetlands restoration, or other
projects.
(l) Publication of notices of sale and terms of
bidding.
(m) Disposition of revenues.
(n) Issuance of lease as nonprejudicial to ultimate
settlement or adjudication of controversies.
(o) Cancellation of leases for fraud.
1338. Disposition of revenues.
1338a. Moneys received as a result of forfeiture by Outer
Continental Shelf permittee, lessee, or right-of-way
holder; return of excess amounts.
1339. Repealed.
1340. Geological and geophysical explorations.
(a) Approved exploration plans.
(b) Oil and gas exploration.
(c) Plan approval; State concurrence; plan
provisions.
(d) Drilling permit.
(e) Plan revisions; conduct of exploration
activities.
(f) Drilling permits issued and exploration plans
approved within 90-day period after September
18, 1978.
(g) Determinations requisite to issuance of
permits.
(h) Lands beneath navigable waters adjacent to
Phillip Burton Wilderness.
1341. Reservation of lands and rights.
(a) Withdrawal of unleased lands by President.
(b) First refusal of mineral purchases.
(c) National security clause.
(d) National defense areas; suspension of
operations; extension of leases.
(e) Source materials essential to production of
fissionable materials.
(f) Helium ownership; rules and regulations
governing extraction.
1342. Prior claims as unaffected.
1343. Repealed.
1344. Outer Continental Shelf leasing program.
(a) Schedule of proposed oil and gas lease sales.
(b) Estimates of appropriations and staff required
for management of leasing program.
(c) Suggestions from Federal agencies and affected
State and local governments; submission of
proposed program to Governors of affected
States and Congress; publication in Federal
Register.
(d) Comments by Attorney General on anticipated
effect on competition; comments by State or
local governments; submission of program to
President and Congress; issuance of leases in
accordance with program.
(e) Review, revision, and reapproval of program.
(f) Procedural regulations for management of
program.
(g) Information from public and private sources;
confidentiality of classified or privileged
data.
(h) Information from all Federal departments and
agencies; confidentiality of privileged or
proprietary information.
1345. Coordination and consultation with affected State and
local governments.
(a) Recommendations regarding size, time, or
location of proposed lease sales.
(b) Time for submission of recommendations.
(c) Acceptance or rejection of recommendations.
(d) Finality of acceptance or rejection of
recommendations.
(e) Cooperative agreements.
1346. Environmental studies.
(a) Information for assessment and management of
impacts on environment; time for study;
impacts on marine biota from pollution or
large spills.
(b) Additional studies subsequent to leasing and
development of area.
(c) Procedural regulations for conduct of studies;
cooperation with affected States; utilization
of information from Federal, State and local
governments and agencies.
(d) Consideration of relevant environmental
information in developing regulations, lease
conditions and operating orders.
(e) Assessment of cumulative effects of activities
on environment; submission to Congress.
(f) Utilization of capabilities of Department of
Commerce.
1347. Safety and health regulations.
(a) Joint study of adequacy of existing safety and
health regulations; submission to President
and Congress.
(b) Use of best available and safest economically
feasible technologies.
(c) Regulations applying to unregulated hazardous
working conditions.
(d) Application of other laws.
(e) Studies of underwater diving techniques and
equipment.
(f) Coordination and consultation with Federal
departments and agencies; availability to
interested persons of compilation of safety
regulations.
1348. Enforcement of safety and environmental regulations.
(a) Utilization of Federal departments and
agencies.
(b) Duties of holders of lease or permit.
(c) Onsite inspection of facilities.
(d) Investigation and report on major fires, oil
spills, death, or serious injury.
(e) Review of allegations of violations.
(f) Summoning of witnesses and production of
evidence.
1349. Citizens suits, jurisdiction and judicial review.
(a) Persons who may bring actions; persons against
whom action may be brought; time of action;
intervention by Attorney General; costs and
fees; security.
(b) Jurisdiction and venue of actions.
(c) Review of Secretary's approval of leasing
program; review of approval, modification or
disapproval of exploration or production plan;
persons who may seek review; scope of review;
certiorari to Supreme Court.
1350. Remedies and penalties.
(a) Injunctions, restraining orders, etc.
(b) Civil penalties; hearing.
(c) Criminal penalties.
(d) Liability of corporate officers and agents for
violations by corporation.
(e) Concurrent and cumulative nature of penalties.
1351. Oil and gas development and production.
(a) Development and production plans; submission to
Secretary; statement of facilities and
operation; submission to Governors of affected
States and local governments.
(b) Development and production activities in
accordance with plan as lease requirement.
(c) Scope and contents of plan.
(d) State concurrence in land or water zone use in
coastal zone of State.
(e) Declaration of approval of development and
production plan as major Federal action;
submission of preliminary or final lease plans
prior to commencement of National
Environmental Policy provisions procedures.
(f) Plans considered major Federal actions;
submission of draft environmental impact
statement to Governors of affected States and
local governments.
(g) Plans considered nonmajor Federal actions;
comments and recommendations from States.
(h) Approval, disapproval or modification of plan;
reapplication; periodic review.
(i) Approval of revision of approved plan.
(j) Cancellation of lease on failure to submit plan
or comply with approved plan.
(k) Production and transportation of natural gas;
submission of plan to Federal Energy
Regulatory Commission; impact statement.
(l) Application of provisions to leases in Gulf of
Mexico.
1352. Oil and gas information program.
(a) Access to data and information obtained by
lessee or permittee from oil or gas
exploration, etc., data obtained by Federal
department or agency from geological and
geophysical explorations.
(b) Processing, analyzing, and interpreting
information; availability of summary of data
to affected States and local government.
(c) Confidentiality of information; regulations.
(d) Transmittal of information to affected State;
protection of competitive position.
(e) Agreement with State to waive defenses and hold
United States harmless from failure to
maintain confidentiality of information.
(f) Civil action against United States or State for
failure to maintain confidentiality of
information; certain defenses unavailable.
(g) Preemption of State law by Federal law.
(h) Failure by State to comply with regulations;
withholding of information.
1353. Federal purchase and disposition of oil and gas.
(a) Payment of royalties or net profit shares in
oil and gas; purchase of oil and gas by United
States; transfer of title to Federal agencies.
(b) Sale of oil by United States to public;
disposition of oil to small refiners;
application of other laws.
(c) Sale of gas by United States to public.
(d) Purchase by lessee of Federal oil or gas for
which no bids received.
(e) Definitions.
(f) Purchase of oil and gas in time of war.
1354. Limitations on export of oil or gas.
(a) Application of Export Administration
provisions.
(b) Condition precedent to exportation; express
finding by President of no increase in
reliance on imported oil or gas.
(c) Report of findings by President to Congress;
joint resolution of disagreement with findings
of President.
(d) Exchange or temporary exportation of oil and
gas for convenience or efficiency of
transportation.
1355. Restrictions on employment of former officers or
employees of Department of the Interior.
1356. Documentary, registry and manning requirements.
(a) Regulations.
(b) Exceptions from design, construction,
alteration, and repair requirements.
(c) Exceptions from manning requirements.
1356a. Coastal impact assistance.
(a) In general.
(b) Definitions.
(c) Authorization.
(d) Impact assistance payments to States and
political subdivisions.
(e) Coastal Impact Assistance Plan.
(f) Authorized uses.
(g) Compliance with authorized uses.

-End-


-CITE-
43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1311, 1315, 1335,
1631, 1632 of this title; title 16 sections 742i, 1434, 1453; title
33 section 941.

-End-



-CITE-
43 USC Sec. 1301 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
Sec. 1301. Definitions

-STATUTE-
When used in this subchapter and subchapter II of this chapter -
(a) The term "lands beneath navigable waters" means -
(1) all lands within the boundaries of each of the respective
States which are covered by nontidal waters that were navigable
under the laws of the United States at the time such State became
a member of the Union, or acquired sovereignty over such lands
and waters thereafter, up to the ordinary high water mark as
heretofore or hereafter modified by accretion, erosion, and
reliction;
(2) all lands permanently or periodically covered by tidal
waters up to but not above the line of mean high tide and seaward
to a line three geographical miles distant from the coast line of
each such State and to the boundary line of each such State where
in any case such boundary as it existed at the time such State
became a member of the Union, or as heretofore approved by
Congress, extends seaward (or into the Gulf of Mexico) beyond
three geographical miles, and
(3) all filled in, made, or reclaimed lands which formerly were
lands beneath navigable waters, as hereinabove defined;

(b) The term "boundaries" includes the seaward boundaries of a
State or its boundaries in the Gulf of Mexico or any of the Great
Lakes as they existed at the time such State became a member of the
Union, or as heretofore approved by the Congress, or as extended or
confirmed pursuant to section 1312 of this title but in no event
shall the term "boundaries" or the term "lands beneath navigable
waters" be interpreted as extending from the coast line more than
three geographical miles into the Atlantic Ocean or the Pacific
Ocean, or more than three marine leagues into the Gulf of Mexico,
except that any boundary between a State and the United States
under this subchapter or subchapter II of this chapter which has
been or is hereafter fixed by coordinates under a final decree of
the United States Supreme Court shall remain immobilized at the
coordinates provided under such decree and shall not be ambulatory;
(c) The term "coast line" means the line of ordinary low water
along that portion of the coast which is in direct contact with the
open sea and the line marking the seaward limit of inland waters;
(d) The terms "grantees" and "lessees" include (without limiting
the generality thereof) all political subdivisions, municipalities,
public and private corporations, and other persons holding grants
or leases from a State, or from its predecessor sovereign if
legally validated, to lands beneath navigable waters if such grants
or leases were issued in accordance with the constitution,
statutes, and decisions of the courts of the State in which such
lands are situated, or of its predecessor sovereign: Provided,
however, That nothing herein shall be construed as conferring upon
said grantees or lessees any greater rights or interests other than
are described herein and in their respective grants from the State,
or its predecessor sovereign;
(e) The term "natural resources" includes, without limiting the
generality thereof, oil, gas, and all other minerals, and fish,
shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other
marine animal and plant life but does not include water power, or
the use of water for the production of power;
(f) The term "lands beneath navigable waters" does not include
the beds of streams in lands now or heretofore constituting a part
of the public lands of the United States if such streams were not
meandered in connection with the public survey of such lands under
the laws of the United States and if the title to the beds of such
streams was lawfully patented or conveyed by the United States or
any State to any person;
(g) The term "State" means any State of the Union;
(h) The term "person" includes, in addition to a natural person,
an association, a State, a political subdivision of a State, or a
private, public, or municipal corporation.

-SOURCE-
(May 22, 1953, ch. 65, title I, Sec. 2, 67 Stat. 29; Pub. L.
99-272, title VIII, Sec. 8005, Apr. 7, 1986, 100 Stat. 151.)


-MISC1-
AMENDMENTS
1986 - Subsec. (b). Pub. L. 99-272 inserted ", except that any
boundary between a State and the United States under this
subchapter or subchapter II of this chapter which has been or is
hereafter fixed by coordinates under a final decree of the United
States Supreme Court shall remain immobilized at the coordinates
provided under such decree and shall not be ambulatory".

SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-58, title III, Sec. 301, Nov. 28, 1995, 109 Stat.
563, provided that: "This title [amending section 1337 of this
title and enacting provisions set out as notes under section 1337
of this title] may be referred to as the 'Outer Continental Shelf
Deep Water Royalty Relief Act'."

SHORT TITLE OF 1986 AMENDMENTS
Pub. L. 99-367, Sec. 1, July 31, 1986, 100 Stat. 774, provided:
"That this Act [enacting section 1865 of this title, amending
section 1343 of this title, and repealing section 1861 of this
title] may be referred to as the 'OCS Paperwork and Reporting
Act'."
Section 8001 of title VIII of Pub. L. 99-272 provided that: "This
title [amending this section and sections 1332 and 1337 of this
title and enacting provisions set out as a note under section 1337
of this title] may be referred to as the 'Outer Continental Shelf
Lands Act Amendments of 1985'."

SHORT TITLE
Section 1 of act May 22, 1953, provided that: "This Act [enacting
subchapters I and II of this chapter] may be cited as the
'Submerged Lands Act'."
Section 1 of act Aug. 7, 1953, ch. 345, 67 Stat. 462, provided
that: "This Act [enacting subchapter III of this chapter] may be
cited as the 'Outer Continental Shelf Lands Act'."

SEPARABILITY
Section 11 of act May 22, 1953, provided that: "If any provision
of this Act [enacting subchapters I and II of this chapter], or any
section, subsection, sentence, clause, phrase or individual word,
or the application thereof to any person or circumstance is held
invalid, the validity of the remainder of the Act and of the
application of any such provision, section, subsection, sentence,
clause, phrase or individual word to other persons and
circumstances shall not be affected thereby; without limiting the
generality of the foregoing, if subsection 3(a)1, 3(a)2, 3(b)1,
3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1), (b)(2),
(b)(3), (c) of this title] or any provision of any of those
subsections is held invalid, such subsection or provision shall be
held separable and the remaining subsections and provisions shall
not be affected thereby."


-TRANS-
NAVAL PETROLEUM RESERVE
Section 10 of act May 22, 1953, revoked Ex. Ord. No. 10426, Jan.
16, 1953, 18 F.R. 405, "insofar as it applies to any lands beneath
navigable waters as defined in section 2 hereof [this section]".
Ex. Ord. 10426 set aside certain submerged lands as a naval
petroleum reserve and transferred functions with respect thereto
from the Secretary of the Interior to the Secretary of the Navy.


-MISC2-
APPLICATION TO STATE OF ALASKA
Admission of Alaska into the Union was accomplished Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
1958, 72 Stat. 339, set out as notes preceding section 21 of Title
48, Territories and Insular Possessions.
Applicability of subchapters I and II of this chapter to the
State of Alaska, see section 6(m) of Pub. L. 85-508, set out as a
note preceding section 21 of Title 48.

APPLICATION TO STATE OF HAWAII
Applicability of this chapter to the State of Hawaii, see section
5(i) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 6, set out as a note
preceding section 491 of Title 48, Territories and Insular
Possessions.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1302, 1331, 1340, 1356a,
2102 of this title; title 15 section 1171; title 28 section 2409a;
title 33 sections 2701, 2716.

-End-



-CITE-
43 USC Sec. 1302 01/19/04

-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 01/19/04

-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 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

-HEAD-
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1301, 1302, 1303,
1335, 1631, 1632 of this title; title 16 sections 742i, 1434, 1453;
title 33 section 941.

-End-



-CITE-
43 USC Sec. 1311 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

-HEAD-
Sec. 1311. Rights of States

-STATUTE-
(a) Confirmation and establishment of title and ownership of lands
and resources; management, administration, leasing, development,
and use
It is determined and declared to be in the public interest that
(1) title to and ownership of the lands beneath navigable waters
within the boundaries of the respective States, and the natural
resources within such lands and waters, and (2) the right and power
to manage, administer, lease, develop, and use the said lands and
natural resources all in accordance with applicable State law be,
and they are, subject to the provisions hereof, recognized,
confirmed, established, and vested in and assigned to the
respective States or the persons who were on June 5, 1950, entitled
thereto under the law of the respective States in which the land is
located, and the respective grantees, lessees, or successors in
interest thereof;
(b) Release and relinquishment of title and claims of United
States; payment to States of moneys paid under leases
(1) The United States releases and relinquishes unto said States
and persons aforesaid, except as otherwise reserved herein, all
right, title, and interest of the United States, if any it has, in
and to all said lands, improvements, and natural resources; (2) the
United States releases and relinquishes all claims of the United
States, if any it has, for money or damages arising out of any
operations of said States or persons pursuant to State authority
upon or within said lands and navigable waters; and (3) the
Secretary of the Interior or the Secretary of the Navy or the
Treasurer of the United States shall pay to the respective States
or their grantees issuing leases covering such lands or natural
resources all moneys paid thereunder to the Secretary of the
Interior or to the Secretary of the Navy or to the Treasurer of the
United States and subject to the control of any of them or to the
control of the United States on May 22, 1953, except that portion
of such moneys which (1) is required to be returned to a lessee; or
(2) is deductible as provided by stipulation or agreement between
the United States and any of said States;
(c) Leases in effect on June 5, 1950
The rights, powers, and titles hereby recognized, confirmed,
established, and vested in and assigned to the respective States
and their grantees are subject to each lease executed by a State,
or its grantee, which was in force and effect on June 5, 1950, in
accordance with its terms and provisions and the laws of the State
issuing, or whose grantee issued, such lease, and such rights,
powers, and titles are further subject to the rights herein now
granted to any person holding any such lease to continue to
maintain the lease, and to conduct operations thereunder, in
accordance with its provisions, for the full term thereof, and any
extensions, renewals, or replacements authorized therein, or
heretofore authorized by the laws of the State issuing, or whose
grantee issued such lease: Provided, however, That, if oil or gas
was not being produced from such lease on and before December 11,
1950, or if the primary term of such lease has expired since
December 11, 1950, then for a term from May 22, 1953 equal to the
term remaining unexpired on December 11, 1950, under the provisions
of such lease or any extensions, renewals, or replacements
authorized therein, or heretofore authorized by the laws of the
State issuing, or whose grantee issued, such lease: Provided,
however, That within ninety days from May 22, 1953 (i) the lessee
shall pay to the State or its grantee issuing such lease all rents,
royalties, and other sums payable between June 5, 1950, and May 22,
1953, under such lease and the laws of the State issuing or whose
grantee issued such lease, except such rents, royalties, and other
sums as have been paid to the State, its grantee, the Secretary of
the Interior or the Secretary of the Navy or the Treasurer of the
United States and not refunded to the lessee; and (ii) the lessee
shall file with the Secretary of the Interior or the Secretary of
the Navy and with the State issuing or whose grantee issued such
lease, instruments consenting to the payment by the Secretary of
the Interior or the Secretary of the Navy or the Treasurer of the
United States to the State or its grantee issuing the lease, of all
rents, royalties, and other payments under the control of the
Secretary of the Interior or the Secretary of the Navy or the
Treasurer of the United States or the United States which have been
paid, under the lease, except such rentals, royalties, and other
payments as have also been paid by the lessee to the State or its
grantee;
(d) Authority and rights of United States respecting navigation,
flood control and production of power
Nothing in this subchapter or subchapter I of this chapter shall
affect the use, development, improvement, or control by or under
the constitutional authority of the United States of said lands and
waters for the purposes of navigation or flood control or the
production of power, or be construed as the release or
relinquishment of any rights of the United States arising under the
constitutional authority of Congress to regulate or improve
navigation, or to provide for flood control, or the production of
power;
(e) Ground and surface waters west of 98th meridian
Nothing in this subchapter or subchapter I of this chapter shall
be construed as affecting or intended to affect or in any way
interfere with or modify the laws of the States which lie wholly or
in part westward of the ninety-eighth meridian, relating to the
ownership and control of ground and surface waters; and the
control, appropriation, use, and distribution of such waters shall
continue to be in accordance with the laws of such States.

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


-MISC1-
SEPARABILITY
Provisions of this section as separable, see section 11 of act
May 22, 1953, set out as a note under section 1301 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1313, 1314, 2105 of this
title.

-End-



-CITE-
43 USC Sec. 1312 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

-HEAD-
Sec. 1312. Seaward boundaries of States

-STATUTE-
The seaward boundary of each original coastal State is approved
and confirmed as a line three geographical miles distant from its
coast line or, in the case of the Great Lakes, to the international
boundary. Any State admitted subsequent to the formation of the
Union which has not already done so may extend its seaward
boundaries to a line three geographical miles distant from its
coast line, or to the international boundaries of the United States
in the Great Lakes or any other body of water traversed by such
boundaries. Any claim heretofore or hereafter asserted either by
constitutional provision, statute, or otherwise, indicating the
intent of a State so to extend its boundaries is approved and
confirmed, without prejudice to its claim, if any it has, that its
boundaries extend beyond that line. Nothing in this section is to
be construed as questioning or in any manner prejudicing the
existence of any State's seaward boundary beyond three geographical
miles if it was so provided by its constitution or laws prior to or
at the time such State became a member of the Union, or if it has
been heretofore approved by Congress.

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

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1301 of this title.

-End-



-CITE-
43 USC Sec. 1313 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

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

-STATUTE-
There is excepted from the operation of section 1311 of this
title -
(a) all tracts or parcels of land together with all accretions
thereto, resources therein, or improvements thereon, title to
which has been lawfully and expressly acquired by the United
States from any State or from any person in whom title had vested
under the law of the State or of the United States, and all lands
which the United States lawfully holds under the law of the
State; all lands expressly retained by or ceded to the United
States when the State entered the Union (otherwise than by a
general retention or cession of lands underlying the marginal
sea); all lands acquired by the United States by eminent domain
proceedings, purchase, cession, gift, or otherwise in a
proprietary capacity; all lands filled in, built up, or otherwise
reclaimed by the United States for its own use; and any rights
the United States has in lands presently and actually occupied by
the United States under claim of right;
(b) such lands beneath navigable waters held, or any interest
in which is held by the United States for the benefit of any
tribe, band, or group of Indians or for individual Indians; and
(c) all structures and improvements constructed by the United
States in the exercise of its navigational servitude.

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

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2105 of this title.

-End-



-CITE-
43 USC Sec. 1314 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES

-HEAD-
Sec. 1314. Rights and powers retained by United States; purchase of
natural resources; condemnation of lands

-STATUTE-
(a) The United States retains all its navigational servitude and
rights in and powers of regulation and control of said lands and
navigable waters for the constitutional purposes of commerce,
navigation, national defense, and international affairs, all of
which shall be paramount to, but shall not be deemed to include,
proprietary rights of ownership, or the rights of management,
administration, leasing, use, and development of the lands and
natural resources which are specifically recognized, confirmed,
established, and vested in and assigned to the respective States
and others by section 1311 of this title.
(b) In time of war or when necessary for national defense, and
the Congress or the President shall so prescribe, the United States
shall have the right of first refusal to purchase at the prevailing
market price, all or any portion of the said natural resources, or
to acquire and use any portion of said lands by proceeding in
accordance with due process of law and paying just compensation
therefor.

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

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2105 of this title.

-End-



-CITE-
43 USC Sec. 1315 01/19/04

-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 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS (continued)