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(continued)
procedures, terms, and conditions for acquisition and disposition
of Federal royalty interests taken in kind, transferred to
Secretary of Energy by section 7152(b) of Title 42, The Public
Health and Welfare. Section 7152(b) of Title 42 was repealed by
Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
and functions of Secretary of Energy returned to Secretary of the
Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1352, 1842 of this title;
title 33 section 2701.
-FOOTNOTE-
(!1) So in original. Probably should be "undertaken;".
-End-
-CITE-
43 USC Sec. 1341 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1341. Reservation of lands and rights
-STATUTE-
(a) Withdrawal of unleased lands by President
The President of the United States may, from time to time,
withdraw from disposition any of the unleased lands of the outer
Continental Shelf.
(b) First refusal of mineral purchases
In time of war, or when the President shall so prescribe, the
United States shall have the right of first refusal to purchase at
the market price all or any portion of any mineral produced from
the outer Continental Shelf.
(c) National security clause
All leases issued under this subchapter, and leases, the
maintenance and operation of which are authorized under this
subchapter, shall contain or be construed to contain a provision
whereby authority is vested in the Secretary, upon a recommendation
of the Secretary of Defense, during a state of war or national
emergency declared by the Congress or the President of the United
States after August 7, 1953, to suspend operations under any lease;
and all such leases shall contain or be construed to contain
provisions for the payment of just compensation to the lessee whose
operations are thus suspended.
(d) National defense areas; suspension of operations; extension of
leases
The United States reserves and retains the right to designate by
and through the Secretary of Defense, with the approval of the
President, as areas restricted from exploration and operation that
part of the outer Continental Shelf needed for national defense;
and so long as such designation remains in effect no exploration or
operations may be conducted on any part of the surface of such area
except with the concurrence of the Secretary of Defense; and if
operations or production under any lease theretofore issued on
lands within any such restricted area shall be suspended, any
payment of rentals, minimum royalty, and royalty prescribed by such
lease likewise shall be suspended during such period of suspension
of operation and production, and the term of such lease shall be
extended by adding thereto any such suspension period, and the
United States shall be liable to the lessee for such compensation
as is required to be paid under the Constitution of the United
States.
(e) Source materials essential to production of fissionable
materials
All uranium, thorium, and all other materials determined pursuant
to paragraph (1) of subsection (b) of section 5 of the Atomic
Energy Act of 1946, as amended, to be peculiarly essential to the
production of fissionable material, contained, in whatever
concentration, in deposits in the subsoil or seabed of the outer
Continental Shelf are reserved for the use of the United States.
(f) Helium ownership; rules and regulations governing extraction
The United States reserves and retains the ownership of and the
right to extract all helium, under such rules and regulations as
shall be prescribed by the Secretary, contained in gas produced
from any portion of the outer Continental Shelf which may be
subject to any lease maintained or granted pursuant to this
subchapter, but the helium shall be extracted from such gas so as
to cause no substantial delay in the delivery of gas produced to
the purchaser of such gas.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 12, 67 Stat. 469.)
-REFTEXT-
REFERENCES IN TEXT
Paragraph (1) of subsection (b) of section 5 of the Atomic Energy
Act of 1946, as amended, referred to in subsec. (e), is par. (1) of
section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
classified to section 1805 of Title 42, The Public Health and
Welfare, prior to the general amendment of the Atomic Energy Act of
1946 by act Aug. 30, 1954, ch. 1073, 68 Stat. 921. See section
2014(z) of Title 42.
-MISC1-
KEY LARGO CORAL REEF PRESERVE
Withdrawal of area designated Key Largo Coral Reef Preserve from
disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set
out as a note under section 461 of Title 16, Conservation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1353 of this title.
-End-
-CITE-
43 USC Sec. 1342 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1342. Prior claims as unaffected
-STATUTE-
Nothing herein contained shall affect such rights, if any, as may
have been acquired under any law of the United States by any person
in lands subject to this subchapter and such rights, if any, shall
be governed by the law in effect at the time they may have been
acquired: Provided, however, That nothing herein contained is
intended or shall be construed as a finding, interpretation, or
construction by the Congress that the law under which such rights
may be claimed in fact applies to the lands subject to this
subchapter or authorizes or compels the granting of such rights in
such lands, and that the determination of the applicability or
effect of such law shall be unaffected by anything herein
contained.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 14, 67 Stat. 470.)
-End-
-CITE-
43 USC Sec. 1343 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1343. Repealed. Pub. L. 105-362, title IX, Sec. 901(l)(1),
Nov. 10, 1998, 112 Stat. 3290
-MISC1-
Section, acts Aug. 7, 1953, ch. 345, Sec. 15, 67 Stat. 470; Pub.
L. 95-372, title II, Sec. 207, Sept. 18, 1978, 92 Stat. 648; Pub.
L. 99-367, Sec. 2(a), July 31, 1986, 100 Stat. 774, related to
Secretary's annual report to Congress concerning outer Continental
Shelf leasing and production program and promotion of competition
in leasing.
-End-
-CITE-
43 USC Sec. 1344 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1344. Outer Continental Shelf leasing program
-STATUTE-
(a) Schedule of proposed oil and gas lease sales
The Secretary, pursuant to procedures set forth in subsections
(c) and (d) of this section, shall prepare and periodically revise,
and maintain an oil and gas leasing program to implement the
policies of this subchapter. The leasing program shall consist of a
schedule of proposed lease sales indicating, as precisely as
possible, the size, timing, and location of leasing activity which
he determines will best meet national energy needs for the
five-year period following its approval or reapproval. Such leasing
program shall be prepared and maintained in a manner consistent
with the following principles:
(1) Management of the outer Continental Shelf shall be
conducted in a manner which considers economic, social, and
environmental values of the renewable and nonrenewable resources
contained in the outer Continental Shelf, and the potential
impact of oil and gas exploration on other resource values of the
outer Continental Shelf and the marine, coastal, and human
environments.
(2) Timing and location of exploration, development, and
production of oil and gas among the oil- and gas-bearing
physiographic regions of the outer Continental Shelf shall be
based on a consideration of -
(A) existing information concerning the geographical,
geological, and ecological characteristics of such regions;
(B) an equitable sharing of developmental benefits and
environmental risks among the various regions;
(C) the location of such regions with respect to, and the
relative needs of, regional and national energy markets;
(D) the location of such regions with respect to other uses
of the sea and seabed, including fisheries, navigation,
existing or proposed sealanes, potential sites of deepwater
ports, and other anticipated uses of the resources and space of
the outer Continental Shelf;
(E) the interest of potential oil and gas producers in the
development of oil and gas resources as indicated by
exploration or nomination;
(F) laws, goals, and policies of affected States which have
been specifically identified by the Governors of such States as
relevant matters for the Secretary's consideration;
(G) the relative environmental sensitivity and marine
productivity of different areas of the outer Continental Shelf;
and
(H) relevant environmental and predictive information for
different areas of the outer Continental Shelf.
(3) The Secretary shall select the timing and location of
leasing, to the maximum extent practicable, so as to obtain a
proper balance between the potential for environmental damage,
the potential for the discovery of oil and gas, and the potential
for adverse impact on the coastal zone.
(4) Leasing activities shall be conducted to assure receipt of
fair market value for the lands leased and the rights conveyed by
the Federal Government.
(b) Estimates of appropriations and staff required for management
of leasing program
The leasing program shall include estimates of the appropriations
and staff required to -
(1) obtain resource information and any other information
needed to prepare the leasing program required by this section;
(2) analyze and interpret the exploratory data and any other
information which may be compiled under the authority of this
subchapter;
(3) conduct environmental studies and prepare any environmental
impact statement required in accordance with this subchapter and
with section 4332(2)(C) of title 42; and
(4) supervise operations conducted pursuant to each lease in
the manner necessary to assure due diligence in the exploration
and development of the lease area and compliance with the
requirements of applicable law and regulations, and with the
terms of the lease.
(c) Suggestions from Federal agencies and affected State and local
governments; submission of proposed program to Governors of
affected States and Congress; publication in Federal Register
(1) During the preparation of any proposed leasing program under
this section, the Secretary shall invite and consider suggestions
for such program from any interested Federal agency, including the
Attorney General, in consultation with the Federal Trade
Commission, and from the Governor of any State which may become an
affected State under such proposed program. The Secretary may also
invite or consider any suggestions from the executive of any
affected local government in such an affected State, which have
been previously submitted to the Governor of such State, and from
any other person.
(2) After such preparation and at least sixty days prior to
publication of a proposed leasing program in the Federal Register
pursuant to paragraph (3) of this subsection, the Secretary shall
submit a copy of such proposed program to the Governor of each
affected State for review and comment. The Governor may solicit
comments from those executives of local governments in his State
which he, in his discretion, determines will be affected by the
proposed program. If any comment by such Governor is received by
the Secretary at least fifteen days prior to submission to the
Congress pursuant to such paragraph (3) and includes a request for
any modification of such proposed program, the Secretary shall
reply in writing, granting or denying such request in whole or in
part, or granting such request in such modified form as the
Secretary considers appropriate, and stating his reasons therefor.
All such correspondence between the Secretary and the Governor of
any affected State, together with any additional information and
data relating thereto, shall accompany such proposed program when
it is submitted to the Congress.
(3) Within nine months after September 18, 1978, the Secretary
shall submit a proposed leasing program to the Congress, the
Attorney General, and the Governors of affected States, and shall
publish such proposed program in the Federal Register. Each
Governor shall, upon request, submit a copy of the proposed leasing
program to the executive of any local government affected by the
proposed program.
(d) Comments by Attorney General on anticipated effect on
competition; comments by State or local governments; submission
of program to President and Congress; issuance of leases in
accordance with program
(1) Within ninety days after the date of publication of a
proposed leasing program, the Attorney General may, after
consultation with the Federal Trade Commission, submit comments on
the anticipated effects of such proposed program upon competition.
Any State, local government, or other person may submit comments
and recommendations as to any aspect of such proposed program.
(2) At least sixty days prior to approving a proposed leasing
program, the Secretary shall submit it to the President and the
Congress, together with any comments received. Such submission
shall indicate why any specific recommendation of the Attorney
General or a State or local government was not accepted.
(3) After the leasing program has been approved by the Secretary,
or after eighteen months following September 18, 1978, whichever
first occurs, no lease shall be issued unless it is for an area
included in the approved leasing program and unless it contains
provisions consistent with the approved leasing program, except
that leasing shall be permitted to continue until such program is
approved and for so long thereafter as such program is under
judicial or administrative review pursuant to the provisions of
this subchapter.
(e) Review, revision, and reapproval of program
The Secretary shall review the leasing program approved under
this section at least once each year. He may revise and reapprove
such program, at any time, and such revision and reapproval, except
in the case of a revision which is not significant, shall be in the
same manner as originally developed.
(f) Procedural regulations for management of program
The Secretary shall, by regulation, establish procedures for -
(1) receipt and consideration of nominations for any area to be
offered for lease or to be excluded from leasing;
(2) public notice of and participation in development of the
leasing program;
(3) review by State and local governments which may be impacted
by the proposed leasing;
(4) periodic consultation with State and local governments, oil
and gas lessees and permittees, and representatives of other
individuals or organizations engaged in activity in or on the
outer Continental Shelf, including those involved in fish and
shellfish recovery, and recreational activities; and
(5) consideration of the coastal zone management program being
developed or administered by an affected coastal State pursuant
to section 1454 or section 1455 of title 16.
Such procedures shall be applicable to any significant revision or
reapproval of the leasing program.
(g) Information from public and private sources; confidentiality of
classified or privileged data
The Secretary may obtain from public sources, or purchase from
private sources, any survey, data, report, or other information
(including interpretations of such data, survey, report, or other
information) which may be necessary to assist him in preparing any
environmental impact statement and in making other evaluations
required by this subchapter. Data of a classified nature provided
to the Secretary under the provisions of this subsection shall
remain confidential for such period of time as agreed to by the
head of the department or agency from whom the information is
requested. The Secretary shall maintain the confidentiality of all
privileged or proprietary data or information for such period of
time as is provided for in this subchapter, established by
regulation, or agreed to by the parties.
(h) Information from all Federal departments and agencies;
confidentiality of privileged or proprietary information
The heads of all Federal departments and agencies shall provide
the Secretary with any nonpriviledged (!1) or nonproprietary
information he requests to assist him in preparing the leasing
program and may provide the Secretary with any privileged or
proprietary information he requests to assist him in preparing the
leasing program. Privileged or proprietary information provided to
the Secretary under the provisions of this subsection shall remain
confidential for such period of time as agreed to by the head of
the department or agency from whom the information is requested. In
addition, the Secretary shall utilize the existing capabilities and
resources of such Federal departments and agencies by appropriate
agreement.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 18, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 649.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior to promulgate regulations
under this subchapter which relate to fostering of competition for
Federal leases, implementation of alternative bidding systems
authorized for award of Federal leases, establishment of diligence
requirements for operations conducted on Federal leases, setting of
rates for production of Federal leases, and specifying of
procedures, terms, and conditions for acquisition and disposition
of Federal royalty interests taken in kind, transferred to
Secretary of Energy by section 7152(b) of Title 42, The Public
Health and Welfare. Section 7152(b) of Title 42 was repealed by
Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
and functions of Secretary of Energy returned to Secretary of the
Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1349 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "nonprivileged".
-End-
-CITE-
43 USC Sec. 1345 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1345. Coordination and consultation with affected State and
local governments
-STATUTE-
(a) Recommendations regarding size, time, or location of proposed
lease sales
Any Governor of any affected State or the executive of any
affected local government in such State may submit recommendations
to the Secretary regarding the size, timing, or location of a
proposed lease sale or with respect to a proposed development and
production plan. Prior to submitting recommendations to the
Secretary, the executive of any affected local government in any
affected State must forward his recommendations to the Governor of
such State.
(b) Time for submission of recommendations
Such recommendations shall be submitted within sixty days after
notice of such proposed lease sale or after receipt of such
development and production plan.
(c) Acceptance or rejection of recommendations
The Secretary shall accept recommendations of the Governor and
may accept recommendations of the executive of any affected local
government if he determines, after having provided the opportunity
for consultation, that they provide for a reasonable balance
between the national interest and the well-being of the citizens of
the affected State. For purposes of this subsection, a
determination of the national interest shall be based on the
desirability of obtaining oil and gas supplies in a balanced manner
and on the findings, purposes, and policies of this subchapter. The
Secretary shall communicate to the Governor, in writing, the
reasons for his determination to accept or reject such Governor's
recommendations, or to implement any alternative means identified
in consultation with the Governor to provide for a reasonable
balance between the national interest and the well-being of the
citizens of the affected State.
(d) Finality of acceptance or rejection of recommendations
The Secretary's determination that recommendations provide, or do
not provide, for a reasonable balance between the national interest
and the well-being of the citizens of the affected State shall be
final and shall not, alone, be a basis for invalidation of a
proposed lease sale or a proposed development and production plan
in any suit or judicial review pursuant to section 1349 of this
title, unless found to be arbitrary or capricious.
(e) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements
with affected States for purposes which are consistent with this
subchapter and other applicable Federal law. Such agreements may
include, but need not be limited to, the sharing of information (in
accordance with the provisions of section 1352 of this title), the
joint utilization of available expertise, the facilitating of
permitting procedures, joint planning and review, and the formation
of joint surveillance and monitoring arrangements to carry out
applicable Federal and State laws, regulations, and stipulations
relevant to outer Continental Shelf operations both onshore and
offshore.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 19, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 652.)
-End-
-CITE-
43 USC Sec. 1346 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1346. Environmental studies
-STATUTE-
(a) Information for assessment and management of impacts on
environment; time for study; impacts on marine biota from
pollution or large spills
(1) The Secretary shall conduct a study of any area or region
included in any oil and gas lease sale or other lease in order to
establish information needed for assessment and management of
environmental impacts on the human, marine, and coastal
environments of the outer Continental Shelf and the coastal areas
which may be affected by oil and gas or other mineral development
in such area or region.
(2) Each study required by paragraph (1) of this subsection shall
be commenced not later than six months after September 18, 1978,
with respect to any area or region where a lease sale has been held
or announced by publication of a notice of proposed lease sale
before September 18, 1978, and not later than six months prior to
the holding of a lease sale with respect to any area or region
where no lease sale has been held or scheduled before September 18,
1978. In the case of an agreement under section 1337(k)(2) of this
title, each study required by paragraph (1) of this subsection
shall be commenced not later than 6 months prior to commencing
negotiations for such agreement or the entering into the memorandum
of agreement as the case may be. The Secretary may utilize
information collected in any study prior to September 18, 1978.
(3) In addition to developing environmental information, any
study of an area or region, to the extent practicable, shall be
designed to predict impacts on the marine biota which may result
from chronic low level pollution or large spills associated with
outer Continental Shelf production, from the introduction of drill
cuttings and drilling muds in the area, and from the laying of pipe
to serve the offshore production area, and the impacts of
development offshore on the affected and coastal areas.
(b) Additional studies subsequent to leasing and development of
area
Subsequent to the leasing and developing of any area or region,
the Secretary shall conduct such additional studies to establish
environmental information as he deems necessary and shall monitor
the human, marine, and coastal environments of such area or region
in a manner designed to provide time-series and data trend
information which can be used for comparison with any previously
collected data for the purpose of identifying any significant
changes in the quality and productivity of such environments, for
establishing trends in the areas studied and monitored, and for
designing experiments to identify the causes of such changes.
(c) Procedural regulations for conduct of studies; cooperation with
affected States; utilization of information from Federal, State
and local governments and agencies
The Secretary shall, by regulation, establish procedures for
carrying out his duties under this section, and shall plan and
carry out such duties in full cooperation with affected States. To
the extent that other Federal agencies have prepared environmental
impact statements, are conducting studies, or are monitoring the
affected human, marine, or coastal environment, the Secretary may
utilize the information derived therefrom in lieu of directly
conducting such activities. The Secretary may also utilize
information obtained from any State or local government, or from
any person, for the purposes of this section. For the purpose of
carrying out his responsibilities under this section, the Secretary
may by agreement utilize, with or without reimbursement, the
services, personnel, or facilities of any Federal, State, or local
government agency.
(d) Consideration of relevant environmental information in
developing regulations, lease conditions and operating orders
The Secretary shall consider available relevant environmental
information in making decisions (including those relating to
exploration plans, drilling permits, and development and production
plans), in developing appropriate regulations and lease conditions,
and in issuing operating orders.
(e) Assessment of cumulative effects of activities on environment;
submission to Congress
As soon as practicable after the end of every 3 fiscal years, the
Secretary shall submit to the Congress and make available to the
general public an assessment of the cumulative effect of activities
conducted under this subchapter on the human, marine, and coastal
environments.
(f) Utilization of capabilities of Department of Commerce
In executing his responsibilities under this section, the
Secretary shall, to the maximum extent practicable, enter into
appropriate arrangements to utilize on a reimbursable basis the
capabilities of the Department of Commerce. In carrying out such
arrangements, the Secretary of Commerce is authorized to enter into
contracts or grants with any person, organization, or entity with
funds appropriated to the Secretary of the Interior pursuant to
this subchapter.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 20, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 653; amended Pub. L. 103-426,
Sec. 1(b), Oct. 31, 1994, 108 Stat. 4371; Pub. L. 104-66, title I,
Sec. 1082(b), Dec. 21, 1995, 109 Stat. 722.)
-MISC1-
AMENDMENTS
1995 - Subsec. (e). Pub. L. 104-66 substituted "every 3 fiscal
years" for "each fiscal year".
1994 - Subsec. (a)(1). Pub. L. 103-426, Sec. 1(b)(1), inserted
"or other lease" after "any oil and gas lease sale" and "or other
mineral" after "affected by oil and gas".
Subsec. (a)(2). Pub. L. 103-426, Sec. 1(b)(2), inserted before
last sentence "In the case of an agreement under section 1337(k)(2)
of this title, each study required by paragraph (1) of this
subsection shall be commenced not later than 6 months prior to
commencing negotiations for such agreement or the entering into the
memorandum of agreement as the case may be."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which the 15th item on page 111 identifies a reporting provision
which, as subsequently amended, is contained in subsec. (e) of this
section), see section 3003 of Pub. L. 104-66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.
-End-
-CITE-
43 USC Sec. 1347 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1347. Safety and health regulations
-STATUTE-
(a) Joint study of adequacy of existing safety and health
regulations; submission to President and Congress
Upon September 18, 1978, the Secretary and the Secretary of the
Department in which the Coast Guard is operating shall, in
consultation with each other and, as appropriate, with the heads of
other Federal departments and agencies, promptly commence a joint
study of the adequacy of existing safety and health regulations and
of the technology, equipment, and techniques available for the
exploration, development, and production of the minerals of the
outer Continental Shelf. The results of such study shall be
submitted to the President who shall submit a plan to the Congress
of his proposals to promote safety and health in the exploration,
development, and production of the minerals of the outer
Continental Shelf.
(b) Use of best available and safest economically feasible
technologies
In exercising their respective responsibilities for the
artificial islands, installations, and other devices referred to in
section 1333(a)(1) of this title, the Secretary, and the Secretary
of the Department in which the Coast Guard is operating, shall
require, on all new drilling and production operations and,
wherever practicable, on existing operations, the use of the best
available and safest technologies which the Secretary determines to
be economically feasible, wherever failure of equipment would have
a significant effect on safety, health, or the environment, except
where the Secretary determines that the incremental benefits are
clearly insufficient to justify the incremental costs of utilizing
such technologies.
(c) Regulations applying to unregulated hazardous working
conditions
The Secretary of the Department in which the Coast Guard is
operating shall promulgate regulations or standards applying to
unregulated hazardous working conditions related to activities on
the outer Continental Shelf when he determines such regulations or
standards are necessary. The Secretary of the Department in which
the Coast Guard is operating may from time to time modify any
regulations, interim or final, dealing with hazardous working
conditions on the outer Continental Shelf.
(d) Application of other laws
Nothing in this subchapter shall affect the authority provided by
law to the Secretary of Labor for the protection of occupational
safety and health, the authority provided by law to the
Administrator of the Environmental Protection Agency for the
protection of the environment, or the authority provided by law to
the Secretary of Transportation with respect to pipeline safety.
(e) Studies of underwater diving techniques and equipment
The Secretary of Commerce, in cooperation with the Secretary of
the Department in which the Coast Guard is operating, and the
Director of the National Institute of Occupational Safety and
Health, shall conduct studies of underwater diving techniques and
equipment suitable for protection of human safety and improvement
of diver performance. Such studies shall include, but need not be
limited to, decompression and excursion table development and
improvement and all aspects of diver physiological restraints and
protective gear for exposure to hostile environments.
(f) Coordination and consultation with Federal departments and
agencies; availability to interested persons of compilation of
safety regulations
(1) In administering the provisions of this section, the
Secretary shall consult and coordinate with the heads of other
appropriate Federal departments and agencies for purposes of
assuring that, to the maximum extent practicable, inconsistent or
duplicative requirements are not imposed.
(2) The Secretary shall make available to any interested person a
compilation of all safety and other regulations which are prepared
and promulgated by any Federal department or agency and applicable
to activities on the outer Continental Shelf. Such compilation
shall be revised and updated annually.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 21, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 654.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1334 of this title.
-End-
-CITE-
43 USC Sec. 1348 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1348. Enforcement of safety and environmental regulations
-STATUTE-
(a) Utilization of Federal departments and agencies
The Secretary, the Secretary of the Department in which the Coast
Guard is operating, and the Secretary of the Army shall enforce
safety and environmental regulations promulgated pursuant to this
subchapter. Each such Federal department may by agreement utilize,
with or without reimbursement, the services, personnel, or
facilities of other Federal departments and agencies for the
enforcement of their respective regulations.
(b) Duties of holders of lease or permit
It shall be the duty of any holder of a lease or permit under
this subchapter to -
(1) maintain all places of employment within the lease area or
within the area covered by such permit in compliance with
occupational safety and health standards and, in addition, free
from recognized hazards to employees of the lease holder or
permit holder or of any contractor or subcontractor operating
within such lease area or within the area covered by such permit
on the outer Continental Shelf;
(2) maintain all operations within such lease area or within
the area covered by such permit in compliance with regulations
intended to protect persons, property, and the environment on the
outer Continental Shelf; and
(3) allow prompt access, at the site of any operation subject
to safety regulations, to any inspector, and to provide such
documents and records which are pertinent to occupational or
public health, safety, or environmental protection, as may be
requested.
(c) Onsite inspection of facilities
The Secretary and the Secretary of the Department in which the
Coast Guard is operating shall individually, or jointly if they so
agree, promulgate regulations to provide for -
(1) scheduled onsite inspection, at least once a year, of each
facility on the outer Continental Shelf which is subject to any
environmental or safety regulation promulgated pursuant to this
subchapter, which inspection shall include all safety equipment
designed to prevent or ameliorate blowouts, fires, spillages, or
other major accidents; and
(2) periodic onsite inspection without advance notice to the
operator of such facility to assure compliance with such
environmental or safety regulations.
(d) Investigation and report on major fires, oil spills, death, or
serious injury
(1) The Secretary or the Secretary of the Department in which the
Coast Guard is operating shall make an investigation and public
report on each major fire and each major oil spillage occurring as
a result of operations conducted pursuant to this subchapter, and
may, in his discretion, make an investigation and report of lesser
oil spillages. For purposes of this subsection, a major oil
spillage is any spillage in one instance of more than two hundred
barrels of oil during a period of thirty days. All holders of
leases or permits issued or maintained under this subchapter shall
cooperate with the appropriate Secretary in the course of any such
investigation.
(2) The Secretary or the Secretary of the Department in which the
Coast Guard is operating shall make an investigation and public
report on any death or serious injury occurring as a result of
operations conducted pursuant to this subchapter, and may, in his
discretion, make an investigation and report of any injury. For
purposes of this subsection, a serious injury is one resulting in
substantial impairment of any bodily unit or function. All holders
of leases or permits issued or maintained under this subchapter
shall cooperate with the appropriate Secretary in the course of any
such investigation.
(e) Review of allegations of violations
The Secretary, or, in the case of occupational safety and health,
the Secretary of the Department in which the Coast Guard is
operating, may review any allegation from any person of the
existence of a violation of a safety regulation issued under this
subchapter.
(f) Summoning of witnesses and production of evidence
In any investigation conducted pursuant to this section, the
Secretary or the Secretary of the Department in which the Coast
Guard is operating shall have power to summon witnesses and to
require the production of books, papers, documents, and any other
evidence. Attendance of witnesses or the production of books,
papers, documents, or any other evidence shall be compelled by a
similar process, as in the district courts of the United States.
Such Secretary, or his designee, shall administer all necessary
oaths to any witnesses summoned before such investigation.
-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 22, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105-362,
title IX, Sec. 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)
-MISC1-
AMENDMENTS
1998 - Subsec. (g). Pub. L. 105-362 struck out subsec. (g) which
read as follows: "The Secretary shall, after consultation with the
Secretary of the Department in which the Coast Guard is operating,
include in his annual report to the Congress required by section
1343 of this title the number of violations of safety regulations
reported or alleged, any investigations undertaken, the results of
such investigations, and any administrative or judicial action
taken as a result of such investigations, and the results of the
diving studies conducted under section 1347(e) of this title."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC2-
REPORT AND RECOMMENDATIONS BY SECRETARY TO CONGRESS FOR TRAINING
PROGRAM
Pub. L. 95-372, title VI, Sec. 607, Sept. 18, 1978, 92 Stat. 697,
required the Secretary of the Interior, in consultation with the
Secretary of the Department in which the Coast Guard is operating,
not later than ninety days after Sept. 18, 1978, to prepare and
submit to the Congress a training program report concerning
individuals employed on any artificial island, installation, or
other device located on the Outer Continental Shelf and who, as
part of their employment, operate or supervise the operation of
pollution-prevention equipment.
-End-
-CITE-
43 USC Sec. 1349 01/19/04
-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
-HEAD-
Sec. 1349. Citizens suits, jurisdiction and judicial review
-STATUTE-
(a) Persons who may bring actions; persons against whom action may
be brought; time of action; intervention by Attorney General;
costs and fees; security
(1) Except as provided in this section, any person having a valid
legal interest which is or may be adversely affected may commence a
civil action on his own behalf to compel compliance with this
subchapter against any person, including the United States, and any
other government instrumentality or agency (to the extent permitted
by the eleventh amendment to the Constitution) for any alleged
violation of any provision of this subchapter or any regulation
promulgated under this subchapter, or of the terms of any permit or
lease issued by the Secretary under this subchapter.
(2) Except as provided in paragraph (3) of this subsection, no
action may be commenced under subsection (a)(1) of this section -
(A) prior to sixty days after the plaintiff has given notice of
the alleged violation, in writing under oath, to the Secretary
and any other appropriate Federal official, to the State in which
the violation allegedly occurred or is occurring, and to any
alleged violator; or
(B) if the Attorney General has commenced and is diligently
prosecuting a civil action in a court of the United States or a
State with respect to such matter, but in any such action in a
court of the United States any person having a legal interest
which is or may be adversely affected may intervene as a matter
of right.
(3) An action may be brought under this subsection immediately
after notification of the alleged violation in any case in which
the alleged violation constitutes an imminent threat to the public
health or safety or would immediately affect a legal interest of
the plaintiff.
(4) In any action commenced pursuant to this section, the
Attorney General, upon the request of the Secretary or any other
appropriate Federal official, may intervene as a matter of right.
(5) A court, in issuing any final order in any action brought
pursuant to subsection (a)(1) or subsection (c) of this section,
may award costs of litigation, including reasonable attorney and
expert witness fees, to any party, whenever such court determines
such award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in a sufficient amount to
compensate for any loss or damage suffered, in accordance with the
Federal Rules of Civil Procedure.
(6) Except as provided in subsection (c) of this section, all
suits challenging actions or decisions allegedly in violation of,
or seeking enforcement of, the provisions of this subchapter, or
any regulation promulgated under this subchapter, or the terms of
any permit or lease issued by the Secretary under this subchapter,
shall be undertaken in accordance with the procedures described in
this subsection. Nothing in this section shall restrict any right
which any person or class of persons may have under any other Act
or common law to seek appropriate relief.
(b) Jurisdiction and venue of actions
(1) Except as provided in subsection (c) of this section, the
district courts of the United States shall have jurisdiction of
cases and controversies arising out of, or in connection with (A)
any operation conducted on the outer Continental Shelf which
involves exploration, development, or production of the minerals,
of the subsoil and seabed of the outer Continental Shelf, or which
involves rights to such minerals, or (B) the cancellation,
suspension, or termination of a lease or permit under this
subchapter. Proceedings with respect to any such case or
controversy may be instituted in the judicial district in which any
defendant resides or may be found, or in the judicial district of
the State nearest the place the cause of action arose.
(2) Any resident of the United States who is injured in any
manner through the failure of any operator to comply with any rule,
regulation, order, or permit issued pursuant to this subchapter may
bring an action for damages (including reasonable attorney and
expert witness fees) only in the judicial district having
jurisdiction under paragraph (1) of this subsection.
(c) Review of Secretary's approval of leasing program; review of
approval, modification or disapproval of exploration or
production plan; persons who may seek review; scope of review;
certiorari to Supreme Court
(1) Any action of the Secretary to approve a leasing program
pursuant to section 1344 of this title shall be subject to judicial
review only in the United States Court of Appeal (!1) for the
District of Columbia.
(2) Any action of the Secretary to approve, require modification
of, or disapprove any exploration plan or any development and
production plan under this subchapter shall be subject to judicial
review only in a United States court of appeals for a circuit in
which an affected State is located.
(3) The judicial review specified in paragraphs (1) and (2) of
this subsection shall be available only to a person who (A)
participated in the administrative proceedings related to the
actions specified in such paragraphs, (B) is adversely affected or
aggrieved by such action, (C) files a petition for review of the
Secretary's action within sixty days after the date of such action,
and (D) promptly transmits copies of the petition to the Secretary
and tothe Attorney General. (continued)