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(continued)

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 156, 1842, 1863, 1864,
1866 of this title; title 16 sections 460l-5; 470h, 471i, 1456;
title 29 sections 213, 402, 630, 653, 1002; title 30 sections 1702,
1721, 1721a; title 33 sections 941, 1321, 1503, 2701; title 41
section 357; title 42 sections 2000e, 7627, 9611, 13211.

-End-



-CITE-
43 USC Sec. 1331 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 155, 168 of this title;
title 15 section 3301; title 16 section 1453; title 30 section
1702; title 33 section 1205; title 42 sections 6202, 7627; title 46
section 8103; title 50 App. section 2415.

-FOOTNOTE-
(!1) See References in Text note below.

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


-End-



-CITE-
43 USC Sec. 1332 01/19/04

-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 01/19/04

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

-HEAD-
Sec. 1333. Laws and regulations governing lands

-STATUTE-
(a) Constitution and United States laws; laws of adjacent States;
publication of projected State lines; international boundary
disputes; restriction on State taxation and jurisdiction
(1) The Constitution and laws and civil and political
jurisdiction of the United States are extended to the subsoil and
seabed of the outer Continental Shelf and to all artificial
islands, and all installations and other devices permanently or
temporarily attached to the seabed, which may be erected thereon
for the purpose of exploring for, developing, or producing
resources therefrom, or any such installation or other device
(other than a ship or vessel) for the purpose of transporting such
resources, to the same extent as if the outer Continental Shelf
were an area of exclusive Federal jurisdiction located within a
State: Provided, however, That mineral leases on the outer
Continental Shelf shall be maintained or issued only under the
provisions of this subchapter.
(2)(A) To the extent that they are applicable and not
inconsistent with this subchapter or with other Federal laws and
regulations of the Secretary now in effect or hereafter adopted,
the civil and criminal laws of each adjacent State, now in effect
or hereafter adopted, amended, or repealed are declared to be the
law of the United States for that portion of the subsoil and seabed
of the outer Continental Shelf, and artificial islands and fixed
structures erected thereon, which would be within the area of the
State if its boundaries were extended seaward to the outer margin
of the outer Continental Shelf, and the President shall determine
and publish in the Federal Register such projected lines extending
seaward and defining each such area. All of such applicable laws
shall be administered and enforced by the appropriate officers and
courts of the United States. State taxation laws shall not apply to
the outer Continental Shelf.
(B) Within one year after September 18, 1978, the President shall
establish procedures for setting (!1) any outstanding international
boundary dispute respecting the outer Continental Shelf.

(3) The provisions of this section for adoption of State law as
the law of the United States shall never be interpreted as a basis
for claiming any interest in or jurisdiction on behalf of any State
for any purpose over the seabed and subsoil of the outer
Continental Shelf, or the property and natural resources thereof or
the revenues therefrom.
(b) Longshore and Harbor Workers' Compensation Act applicable;
definitions
With respect to disability or death of an employee resulting from
any injury occurring as the result of operations conducted on the
outer Continental Shelf for the purpose of exploring for,
developing, removing, or transporting by pipeline the natural
resources, or involving rights to the natural resources, of the
subsoil and seabed of the outer Continental Shelf, compensation
shall be payable under the provisions of the Longshore and Harbor
Workers' Compensation Act [33 U.S.C. 901 et seq.]. For the purposes
of the extension of the provisions of the Longshore and Harbor
Workers' Compensation Act under this section -
(1) the term "employee" does not include a master or member of
a crew of any vessel, or an officer or employee of the United
States or any agency thereof or of any State or foreign
government, or of any political subdivision thereof;
(2) the term "employer" means an employer any of whose
employees are employed in such operations; and
(3) the term "United States" when used in a geographical sense
includes the outer Continental Shelf and artificial islands and
fixed structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended
[29 U.S.C. 151 et seq.], any unfair labor practice, as defined in
such Act, occurring upon any artificial island, installation, or
other device referred to in subsection (a) of this section shall be
deemed to have occurred within the judicial district of the State,
the laws of which apply to such artificial island, installation, or
other device pursuant to such subsection, except that until the
President determines the areas within which such State laws are
applicable, the judicial district shall be that of the State
nearest the place of location of such artificial island,
installation, or other device.
(d) Coast Guard regulations; marking of artificial islands,
installations, and other devices; failure of owner suitably to
mark according to regulations
(1) The Secretary of the Department in which the Coast Guard is
operating shall have authority to promulgate and enforce such
reasonable regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the
promotion of safety of life and property on the artificial islands,
installations, and other devices referred to in subsection (a) of
this section or on the waters adjacent thereto, as he may deem
necessary.
(2) The Secretary of the Department in which the Coast Guard is
operating may mark for the protection of navigation any artificial
island, installation, or other device referred to in subsection (a)
of this section whenever the owner has failed suitably to mark such
island, installation, or other device in accordance with
regulations issued under this subchapter, and the owner shall pay
the cost of such marking.
(e) Authority of Secretary of the Army to prevent obstruction to
navigation
The authority of the Secretary of the Army to prevent obstruction
to navigation in the navigable waters of the United States is
extended to the artificial islands, installations, and other
devices referred to in subsection (a) of this section.
(f) Provisions as nonexclusive
The specific application by this section of certain provisions of
law to the subsoil and seabed of the outer Continental Shelf and
the artificial islands, installations, and other devices referred
to in subsection (a) of this section or to acts or offenses
occurring or committed thereon shall not give rise to any inference
that the application to such islands and structures, acts, or
offenses of any other provision of law is not intended.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627, Sec.
19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II, Sec.
203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),
Sept. 28, 1984, 98 Stat. 1654.)

-REFTEXT-
REFERENCES IN TEXT
The Longshore and Harbor Workers' Compensation Act, referred to
in subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as
amended, which is classified generally to chapter 18 (Sec. 901 et
seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see section 901 of Title 33
and Tables.
The National Labor Relations Act, as amended, referred to in
subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, as
amended, which is classified generally to subchapter II (Sec. 151
et seq.) of chapter 7 of Title 29, Labor. For complete
classification of this Act to the Code, see section 167 of Title 29
and Tables.


-MISC1-
AMENDMENTS
1984 - Subsec. (b). Pub. L. 98-426 substituted "Longshore and
Harbor Workers' Compensation Act" for "Longshoremen's and Harbor
Workers' Compensation Act".
1978 - Subsec. (a)(1). Pub. L. 95-372, Sec. 203(a), substituted
", and all installations and other devices permanently or
temporarily attached to the seabed, which may be erected thereon
for the purpose of exploring for, developing, or producing
resources therefrom, or any such installation or other device
(other than a ship or vessel) for the purpose of transporting such
resources," for "and fixed structures which may be erected thereon
for the purpose of exploring for, developing, removing, and
transporting resources therefrom,".
Subsec. (a)(2). Pub. L. 95-372, Sec. 203(b), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95-372, Sec. 203(c), (h), redesignated
subsec. (c) as (b) and substituted "conducted on the outer
Continental Shelf for the purpose of exploring for, developing,
removing, or transporting by pipeline the natural resources, or
involving rights to the natural resources, of the subsoil and
seabed of the outer Continental Shelf," for "described in
subsection (b) of this section,". Former subsec. (b), relating to
the jurisdiction of United States district courts over cases and
controversies arising out of or in connection with operations
conducted on the outer Continental Shelf, was struck out. See
section 1349(b) of this title.
Subsec. (c). Pub. L. 95-372, Sec. 203(d), (h), redesignated
subsec. (d) as (c) and substituted "artificial island,
installation, or other device referred to in subsection (a) of this
section shall be deemed to have occurred within the judicial
district of the State, the laws of which apply to such artificial
island, installation, or other device pursuant to such subsection,
except that until the President determines the areas within such
State laws are applicable, the judicial district shall be that of
the State nearest the place of location of such artificial island,
installation, or other device" for "artificial island or fixed
structure referred to in subsection (a) of this section shall be
deemed to have occurred within the judicial district of the
adjacent State nearest the place of location of such island or
structure". Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 95-372, Sec. 203(e)(1), (f), (h),
redesignated subsec. (e)(1) as (d)(1), substituted "Secretary" for
"head" and "artificial islands, installations, and other devices"
for "islands and structures". Former subsec. (d) redesignated (c).
Subsec. (d)(2). Pub. L. 95-372, Sec. 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted "Secretary" for "head" and
"artificial island, installation, or other device referred to in
subsection (a) of this section whenever the owner has failed
suitably to mark such island, installation, or other device in
accordance with regulations issued under this subchapter, and the
owner shall pay the cost of such marking" for "such island or
structure whenever the owner has failed suitably to mark the same
in accordance with regulations issued hereunder, and the owner
shall pay the cost thereof", and struck out provisions which had
made failure or refusal to obey any lawful rules and regulations a
misdemeanor punishable by a fine of not more than $100, with each
day during which such a violation would continue to be deemed a new
offense. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95-372, Sec. 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted "the artificial islands,
installations, and other devices referred to in subsection (a) of
this section" for "artificial islands and fixed structures located
on the outer Continental Shelf". Former subsec. (e) redesignated
(d).
Subsecs. (f), (g). Pub. L. 95-372, Sec. 203(e)(3), (h),
redesignated subsec. (g) as (f) and substituted "the artificial
islands, installations, and other devices" for "the artificial
islands and fixed structures". Former subsec. (f) redesignated (e).
1975 - Subsec. (a)(2). Pub. L. 93-627 substituted "now in effect
or hereafter adopted, amended, or repealed" for "as of the
effective date of this Act" in first sentence.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1331, 1347, 1351 of this
title; title 33 sections 905, 941, 2104; title 46 App. section 883.

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


-End-



-CITE-
43 USC Sec. 1334 01/19/04

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

-HEAD-
Sec. 1334. Administration of leasing

-STATUTE-
(a) Rules and regulations; amendment; cooperation with State
agencies; subject matter and scope of regulations
The Secretary shall administer the provisions of this subchapter
relating to the leasing of the outer Continental Shelf, and shall
prescribe such rules and regulations as may be necessary to carry
out such provisions. The Secretary may at any time prescribe and
amend such rules and regulations as he determines to be necessary
and proper in order to provide for the prevention of waste and
conservation of the natural resources of the outer Continental
Shelf, and the protection of correlative rights therein, and,
notwithstanding any other provisions herein, such rules and
regulations shall, as of their effective date, apply to all
operations conducted under a lease issued or maintained under the
provisions of this subchapter. In the enforcement of safety,
environmental, and conservation laws and regulations, the Secretary
shall cooperate with the relevant departments and agencies of the
Federal Government and of the affected States. In the formulation
and promulgation of regulations, the Secretary shall request and
give due consideration to the views of the Attorney General with
respect to matters which may affect competition. In considering any
regulations and in preparing any such views, the Attorney General
shall consult with the Federal Trade Commission. The regulations
prescribed by the Secretary under this subsection shall include,
but not be limited to, provisions -
(1) for the suspension or temporary prohibition of any
operation or activity, including production, pursuant to any
lease or permit (A) at the request of a lessee, in the national
interest, to facilitate proper development of a lease or to allow
for the construction or negotiation for use of transportation
facilities, or (B) if there is a threat of serious, irreparable,
or immediate harm or damage to life (including fish and other
aquatic life), to property, to any mineral deposits (in areas
leased or not leased), or to the marine, coastal, or human
environment, and for the extension of any permit or lease
affected by suspension or prohibition under clause (A) or (B) by
a period equivalent to the period of such suspension or
prohibition, except that no permit or lease shall be so extended
when such suspension or prohibition is the result of gross
negligence or willful violation of such lease or permit, or of
regulations issued with respect to such lease or permit;
(2) with respect to cancellation of any lease or permit -
(A) that such cancellation may occur at any time, if the
Secretary determines, after a hearing, that -
(i) continued activity pursuant to such lease or permit
would probably cause serious harm or damage to life
(including fish and other aquatic life), to property, to any
mineral (in areas leased or not leased), to the national
security or defense, or to the marine, coastal, or human
environment;
(ii) the threat of harm or damage will not disappear or
decrease to an acceptable extent within a reasonable period
of time; and
(iii) the advantages of cancellation outweigh the
advantages of continuing such lease or permit force;

(B) that such cancellation shall not occur unless and until
operations under such lease or permit shall have been under
suspension, or temporary prohibition, by the Secretary, with
due extension of any lease or permit term continuously for a
period of five years, or for a lesser period upon request of
the lessee;
(C) that such cancellation shall entitle the lessee to
receive such compensation as he shows to the Secretary as being
equal to the lesser of (i) the fair value of the canceled
rights as of the date of cancellation, taking account of both
anticipated revenues from the lease and anticipated costs,
including costs of compliance with all applicable regulations
and operating orders, liability for cleanup costs or damages,
or both, in the case of an oilspill, and all other costs
reasonably anticipated on the lease, or (ii) the excess, if
any, over the lessee's revenues, from the lease (plus interest
thereon from the date of receipt to date of reimbursement) of
all consideration paid for the lease and all direct
expenditures made by the lessee after the date of issuance of
such lease and in connection with exploration or development,
or both, pursuant to the lease (plus interest on such
consideration and such expenditures from date of payment to
date of reimbursement), except that (I) with respect to leases
issued before September 18, 1978, such compensation shall be
equal to the amount specified in clause (i) of this
subparagraph; and (II) in the case of joint leases which are
canceled due to the failure of one or more partners to exercise
due diligence, the innocent parties shall have the right to
seek damages for such loss from the responsible party or
parties and the right to acquire the interests of the negligent
party or parties and be issued the lease in question;

(3) for the assignment or relinquishment of a lease;
(4) for unitization, pooling, and drilling agreements;
(5) for the subsurface storage of oil and gas other than by the
Federal Government;
(6) for drilling or easements necessary for exploration,
development, and production;
(7) for the prompt and efficient exploration and development of
a lease area; and
(8) for compliance with the national ambient air quality
standards pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.),
to the extent that activities authorized under this subchapter
significantly affect the air quality of any State.
(b) Compliance with regulations as condition for issuance,
continuation, assignment, or other transfer of leases
The issuance and continuance in effect of any lease, or of any
assignment or other transfer of any lease, under the provisions of
this subchapter shall be conditioned upon compliance with
regulations issued under this subchapter.
(c) Cancellation of nonproducing lease
Whenever the owner of a nonproducing lease fails to comply with
any of the provisions of this subchapter, or of the lease, or of
the regulations issued under this subchapter, such lease may be
canceled by the Secretary, subject to the right of judicial review
as provided in this subchapter, if such default continues for the
period of thirty days after mailing of notice by registered letter
to the lease owner at his record post office address.
(d) Cancellation of producing lease
Whenever the owner of any producing lease fails to comply with
any of the provisions of this subchapter, of the lease, or of the
regulations issued under this subchapter, such lease may be
forfeited and canceled by an appropriate proceeding in any United
States district court having jurisdiction under the provisions of
this subchapter.
(e) Pipeline rights-of-way; forfeiture of grant
Rights-of-way through the submerged lands of the outer
Continental Shelf, whether or not such lands are included in a
lease maintained or issued pursuant to this subchapter, may be
granted by the Secretary for pipeline purposes for the
transportation of oil, natural gas, sulphur, or other minerals, or
under such regulations and upon such conditions as may be
prescribed by the Secretary, or where appropriate the Secretary of
Transportation, including (as provided in section 1347(b) of this
title) assuring maximum environmental protection by utilization of
the best available and safest technologies, including the safest
practices for pipeline burial and upon the express condition that
oil or gas pipelines shall transport or purchase without
discrimination, oil or natural gas produced from submerged lands or
outer Continental Shelf lands in the vicinity of the pipelines in
such proportionate amounts as the Federal Energy Regulatory
Commission, in consultation with the Secretary of Energy, may,
after a full hearing with due notice thereof to the interested
parties, determine to be reasonable, taking into account, among
other things, conservation and the prevention of waste. Failure to
comply with the provisions of this section or the regulations and
conditions prescribed under this section shall be grounds for
forfeiture of the grant in an appropriate judicial proceeding
instituted by the United States in any United States district court
having jurisdiction under the provisions of this subchapter.
(f) Competitive principles governing pipeline operation
(1) Except as provided in paragraph (2), every permit, license,
easement, right-of-way, or other grant of authority for the
transportation by pipeline on or across the outer Continental Shelf
of oil or gas shall require that the pipeline be operated in
accordance with the following competitive principles:
(A) The pipeline must provide open and nondiscriminatory access
to both owner and nonowner shippers.
(B) Upon the specific request of one or more owner or nonowner
shippers able to provide a guaranteed level of throughput, and on
the condition that the shipper or shippers requesting such
expansion shall be responsible for bearing their proportionate
share of the costs and risks related thereto, the Federal Energy
Regulatory Commission may, upon finding, after a full hearingwith due notice thereof to the interested parties, that such (continued)