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(continued)
(4) Any action of the Secretary specified in paragraph (1) or (2)
shall only be subject to review pursuant to the provisions of this
subsection, and shall be specifically excluded from citizen suits
which are permitted pursuant to subsection (a) of this section.
(5) The Secretary shall file in the appropriate court the record
of any public hearings required by this subchapter and any
additional information upon which the Secretary based his decision,
as required by section 2112 of title 28. Specific objections to the
action of the Secretary shall be considered by the court only if
the issues upon which such objections are based have been submitted
to the Secretary during the administrative proceedings related to
the actions involved.
(6) The court of appeals conducting a proceeding pursuant to this
subsection shall consider the matter under review solely on the
record made before the Secretary. The findings of the Secretary, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. The court may affirm, vacate, or modify
any order or decision or may remand the proceedings to the
Secretary for such further action as it may direct.
(7) Upon the filing of the record with the court, pursuant to
paragraph (5), the jurisdiction of the court shall be exclusive and
its judgment shall be final, except that such judgment shall be
subject to review by the Supreme Court of the United States upon
writ of certiorari.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 23, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 657; amended Pub. L. 98-620,
title IV, Sec. 402(44), Nov. 8, 1984, 98 Stat. 3360.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec.
(a)(5), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.


-MISC1-
AMENDMENTS
1984 - Subsec. (d). Pub. L. 98-620 struck out subsec. (d) which
provided that except as to causes of action considered by the court
to be of greater importance, any action under this section would
take precedence on the docket over all other causes of action and
would be set for hearing at the earliest practical date and
expedited in every way.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1345 of this title.

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


-End-



-CITE-
43 USC Sec. 1350 01/19/04

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

-HEAD-
Sec. 1350. Remedies and penalties

-STATUTE-
(a) Injunctions, restraining orders, etc.
At the request of the Secretary, the Secretary of the Army, or
the Secretary of the Department in which the Coast Guard is
operating, the Attorney General or a United States attorney shall
institute a civil action in the district court of the United States
for the district in which the affected operation is located for a
temporary restraining order, injunction, or other appropriate
remedy to enforce any provision of this subchapter, any regulation
or order issued under this subchapter, or any term of a lease,
license, or permit issued pursuant to this subchapter.
(b) Civil penalties; hearing
(1) Except as provided in paragraph (2), if any person fails to
comply with any provision of this subchapter, or any term of a
lease, license, or permit issued pursuant to this subchapter, or
any regulation or order issued under this subchapter, after notice
of such failure and expiration of any reasonable period allowed for
corrective action, such person shall be liable for a civil penalty
of not more than $20,000 for each day of the continuance of such
failure. The Secretary may assess, collect, and compromise any such
penalty. No penalty shall be assessed until the person charged with
a violation has been given an opportunity for a hearing. The
Secretary shall, by regulation at least every 3 years, adjust the
penalty specified in this paragraph to reflect any increases in the
Consumer Price Index (all items, United States city average) as
prepared by the Department of Labor.
(2) If a failure described in paragraph (1) constitutes or
constituted a threat of serious, irreparable, or immediate harm or
damage to life (including fish and other aquatic life), property,
any mineral deposit, or the marine, coastal, or human environment,
a civil penalty may be assessed without regard to the requirement
of expiration of a period allowed for corrective action.
(c) Criminal penalties
Any person who knowingly and willfully (1) violates any provision
of this subchapter, any term of a lease, license, or permit issued
pursuant to this subchapter, or any regulation or order issued
under the authority of this subchapter designed to protect health,
safety, or the environment or conserve natural resources, (2) makes
any false statement, representation, or certification in any
application, record, report, or other document filed or required to
be maintained under this subchapter, (3) falsifies, tampers with,
or renders inaccurate any monitoring device or method of record
required to be maintained under this subchapter, or (4) reveals any
data or information required to be kept confidential by this
subchapter shall, upon conviction, be punished by a fine of not
more than $100,000, or by imprisonment for not more than ten years,
or both. Each day that a violation under clause (1) of this
subsection continues, or each day that any monitoring device or
data recorder remains inoperative or inaccurate because of any
activity described in clause (3) of this subsection, shall
constitute a separate violation.
(d) Liability of corporate officers and agents for violations by
corporation
Whenever a corporation or other entity is subject to prosecution
under subsection (c) of this section, any officer or agent of such
corporation or entity who knowingly and willfully authorized,
ordered, or carried out the proscribed activity shall be subject to
the same fines or imprisonment, or both, as provided for under
subsection (c) of this section.
(e) Concurrent and cumulative nature of penalties
The remedies and penalties prescribed in this subchapter shall be
concurrent and cumulative and the exercise of one shall not
preclude the exercise of the others. Further, the remedies and
penalties prescribed in this subchapter shall be in addition to any
other remedies and penalties afforded by any other law or
regulation.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 24, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101-380,
title VIII, Sec. 8201, Aug. 18, 1990, 104 Stat. 570.)


-MISC1-
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-380 substituted "(1) Except as
provided in paragraph (2), if any" for "If any", substituted
"$20,000" for "$10,000", inserted at end "The Secretary shall, by
regulation at least every 3 years, adjust the penalty specified in
this paragraph to reflect any increases in the Consumer Price Index
(all items, United States city average) as prepared by the
Department of Labor", and added par. (2).

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.


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

-End-



-CITE-
43 USC Sec. 1351 01/19/04

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

-HEAD-
Sec. 1351. Oil and gas development and production

-STATUTE-
(a) Development and production plans; submission to Secretary;
statement of facilities and operation; submission to Governors of
affected States and local governments
(1) Prior to development and production pursuant to an oil and
gas lease issued after September 18, 1978, in any area of the outer
Continental Shelf, other than the Gulf of Mexico, or issued or
maintained prior to September 18, 1978, in any area of the outer
Continental Shelf, other than the Gulf of Mexico, with respect to
which no oil or gas has been discovered in paying quantities prior
to September 18, 1978, the lessee shall submit a development and
production plan (hereinafter in this section referred to as a
"plan") to the Secretary, for approval pursuant to this section.
(2) A plan shall be accompanied by a statement describing all
facilities and operations, other than those on the outer
Continental Shelf, proposed by the lessee and known by him (whether
or not owned or operated by such lessee) which will be constructed
or utilized in the development and production of oil or gas from
the lease area, including the location and site of such facilities
and operations, the land, labor, material, and energy requirements
associated with such facilities and operations, and all
environmental and safety safeguards to be implemented.
(3) Except for any privileged or proprietary information (as such
term is defined in regulations issued by the Secretary), the
Secretary, within ten days after receipt of a plan and statement,
shall (A) submit such plan and statement to the Governor of any
affected State, and, upon request to the executive of any affected
local government, and (B) make such plan and statement available to
any appropriate interstate regional entity and the public.
(b) Development and production activities in accordance with plan
as lease requirement
After September 18, 1978, no oil and gas lease may be issued
pursuant to this subchapter in any region of the outer Continental
Shelf, other than the Gulf of Mexico, unless such lease requires
that development and production activities be carried out in
accordance with a plan which complies with the requirements of this
section.
(c) Scope and contents of plan
A plan may apply to more than one oil and gas lease, and shall
set forth, in the degree of detail established by regulations
issued by the Secretary -
(1) the specific work to be performed;
(2) a description of all facilities and operations located on
the outer Continental Shelf which are proposed by the lessee or
known by him (whether or not owned or operated by such lessee) to
be directly related to the proposed development, including the
location and size of such facilities and operations, and the
land, labor, material, and energy requirements associated with
such facilities and operations;
(3) the environmental safeguards to be implemented on the outer
Continental Shelf and how such safeguards are to be implemented;
(4) all safety standards to be met and how such standards are
to be met;
(5) an expected rate of development and production and a time
schedule for performance; and
(6) such other relevant information as the Secretary may by
regulation require.
(d) State concurrence in land or water zone use in coastal zone of
State
The Secretary shall not grant any license or permit for any
activity described in detail in a plan and affecting any land use
or water use in the coastal zone of a State with a coastal zone
management program approved pursuant to section 306 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1455), unless the State
concurs or is conclusively presumed to concur with the consistency
certification accompanying such plan pursuant to section
307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C. 1456(c)(3)(B)(i) or
(ii)], or the Secretary of Commerce makes the finding authorized by
section 307(c)(3)(B)(iii) of such Act [16 U.S.C.
1456(c)(3)(B)(iii)].
(e) Declaration of approval of development and production plan as
major Federal action; submission of preliminary or final lease
plans prior to commencement of National Environmental Policy
provisions procedures
(1) At least once the Secretary shall declare the approval of a
development and production plan in any area or region (as defined
by the Secretary) of the outer Continental Shelf, other than the
Gulf of Mexico, to be a major Federal action.
(2) The Secretary may require lessees of tracts for which
development and production plans have not been approved, to submit
preliminary or final plans for their leases, prior to or
immediately after a determination by the Secretary that the
procedures under the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.] shall commence.
(f) Plans considered major Federal actions; submission of draft
environmental impact statement to Governors of affected States
and local governments
If approval of a development and production plan is found to be a
major Federal action, the Secretary shall transmit the draft
environmental impact statement to the Governor of any affected
State, and upon request, to the executive of any local government,
and shall make such draft available to any appropriate interstate
regional entity and the public.
(g) Plans considered nonmajor Federal actions; comments and
recommendations from States
If approval of a development and production plan is not found to
be a major Federal action, the Governor of any affected State and
the executive of any affected local government shall have sixty
days from the date of receipt of the plan from the Secretary to
submit comments and recommendations. Prior to submitting
recommendations to the Secretary, the executive of any affected
local government must forward his recommendations to the Governor
of his State. Such comments and recommendations shall be made
available to the public upon request. In addition, any interested
person may submit comments and recommendations.
(h) Approval, disapproval or modification of plan; reapplication;
periodic review
(1) After reviewing the record of any public hearing held with
respect to the approval of a plan pursuant to the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] or the
comments and recommendations submitted under subsection (g) of this
section, the Secretary shall, within sixty days after the release
of the final environmental impact statement prepared pursuant to
the National Environmental Policy Act of 1969 in accordance with
subsection (e) of this section, or sixty days after the period
provided for comment under subsection (g) of this section, approve,
disapprove, or require modifications of the plan. The Secretary
shall require modification of a plan if he determines that the
lessee has failed to make adequate provision in such plan for safe
operations on the lease area or for protection of the human,
marine, or coastal environment, including compliance with the
regulations prescribed by the Secretary pursuant to paragraph (8)
of section 1334(a) of this title. Any modification required by the
Secretary which involves activities for which a Federal license or
permit is required and which affects any land use or water use in
the coastal zone of a State with a coastal zone management program
approved pursuant to section 306 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455) must receive concurrence by such State
with respect to the consistency certification accompanying such
plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act [16
U.S.C. 1456(c)(3)(B)(i) or (ii)] unless the Secretary of Commerce
makes the finding authorized by section 307(c)(3)(B)(iii) of such
Act [16 U.S.C. 1456(c)(3)(B)(iii)]. The Secretary shall disapprove
a plan -
(A) if the lessee fails to demonstrate that he can comply with
the requirements of this subchapter or other applicable Federal
law, including the regulations prescribed by the Secretary
pursuant to paragraph (8) of section 1334(a) of this title;
(B) if any of the activities described in detail in the plan
for which a Federal license or permit is required and which
affects any land use or water use in the coastal zone of a State
with a coastal zone management program approved pursuant to
section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455) do not receive concurrence by such State with respect to
the consistency certification accompanying such plan pursuant to
section 307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C.
1456(c)(3)(B)(i) or (ii)] and the Secretary of Commerce does not
make the finding authorized by section 307(c)(3)(B)(iii) of such
Act [16 U.S.C. 1456(c)(3)(B)(iii)];
(C) if operations threaten national security or national
defense; or
(D) if the Secretary determines, because of exceptional
geological conditions in the lease areas, exceptional resource
values in the marine or coastal environment, or other exceptional
circumstances, that (i) implementation of the plan would probably
cause serious harm or damage to life (including fish and other
aquatic life), to property, to any mineral deposits (in areas
leased or not leased), to the national security or defense, or to
the marine, coastal or human environments, (ii) the threat of
harm or damage will not disappear or decrease to an acceptable
extent within a reasonable period of time, and (iii) the
advantages of disapproving the plan outweigh the advantages of
development and production.

(2)(A) If a plan is disapproved -
(i) under subparagraph (A) of paragraph (1); or
(ii) under subparagraph (B) of paragraph (1) with respect to a
lease issued after approval of a coastal zone management program
pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C.
1455),

the lessee shall not be entitled to compensation because of such
disapproval.
(B) If a plan is disapproved -
(i) under subparagraph (C) or (D) of paragraph (1); or
(ii) under subparagraph (B) of paragraph (1) with respect to a
lease issued before approval of a coastal zone management program
pursuant to the Coastal Zone Management Act of 1972 [16 U.S.C.
1451 et seq.], and such approval occurs after the lessee has
submitted a plan to the Secretary,

the term of the lease shall be duly extended, and at any time
within five years after such disapproval, the lessee may reapply
for approval of the same or a modified plan, and the Secretary
shall approve, disapprove, or require modifications of such plan in
accordance with this subsection.
(C) Upon expiration of the five-year period described in
subparagraph (B) of this paragraph, or, in the Secretary's
discretion, at an earlier time upon request of a lessee, if the
Secretary has not approved a plan, the Secretary shall cancel the
lease and the lessee shall be entitled to receive compensation in
accordance with section 1334(a)(2)(C) of this title. The Secretary
may, at any time within the five-year period described in
subparagraph (B) of this paragraph, require the lessee to submit a
development and production plan for approval, disapproval, or
modification. If the lessee fails to submit a required plan
expeditiously and in good faith, the Secretary shall find that the
lessee has not been duly diligent in pursuing his obligations under
the lease, and shall immediately initiate procedures to cancel such
lease, without compensation, under the provisions of section
1334(c) of this title.
(3) The Secretary shall, from time to time, review each plan
approved under this section. Such review shall be based upon
changes in available information and other onshore or offshore
conditions affecting or impacted by development and production
pursuant to such plan. If the review indicates that the plan should
be revised to meet the requirements of this subsection, the
Secretary shall require such revision.
(i) Approval of revision of approved plan
The Secretary may approve any revision of an approved plan
proposed by the lessee if he determines that such revision will
lead to greater recovery of oil and natural gas, improve the
efficiency, safety, and environmental protection of the recovery
operation, is the only means available to avoid substantial
economic hardship to the lessee, or is otherwise not inconsistent
with the provisions of this subchapter, to the extent such revision
is consistent with protection of the human, marine, and coastal
environments. Any revision of an approved plan which the Secretary
determines is significant shall be reviewed in accordance with
subsections (d) through (f) of this section.
(j) Cancellation of lease on failure to submit plan or comply with
approved plan
Whenever the owner of any lease fails to submit a plan in
accordance with regulations issued under this section, or fails to
comply with an approved plan, the lease may be canceled in
accordance with section 1334(c) and (d) of this title. Termination
of a lease because of failure to comply with an approved plan,
including required modifications or revisions, shall not entitle a
lessee to any compensation.
(k) Production and transportation of natural gas; submission of
plan to Federal Energy Regulatory Commission; impact statement
If any development and production plan submitted to the Secretary
pursuant to this section provides for the production and
transportation of natural gas, the lessee shall contemporaneously
submit to the Federal Energy Regulatory Commission that portion of
such plan which relates to production of natural gas and the
facilities for transportation of natural gas. The Secretary and the
Federal Energy Regulatory Commission shall agree as to which of
them shall prepare an environmental impact statement pursuant to
the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.] applicable to such portion of such plan, or conduct studies
as to the effect on the environment of implementing it. Thereafter,
the findings and recommendations by the agency preparing such
environmental impact statement or conducting such studies pursuant
to such agreement shall be adopted by the other agency, and such
other agency shall not independently prepare another environmental
impact statement or duplicate such studies with respect to such
portion of such plan, but the Federal Energy Regulatory Commission,
in connection with its review of an application for a certificate
of public convenience and necessity applicable to such
transportation facilities pursuant to section 717f of title 15, may
prepare such environmental studies or statement relevant to
certification of such transportation facilities as have not been
covered by an environmental impact statement or studies prepared by
the Secretary. The Secretary, in consultation with the Federal
Energy Regulatory Commission, shall promulgate rules to implement
this subsection, but the Federal Energy Regulatory Commission shall
retain sole authority with respect to rules and procedures
applicable to the filing of any application with the Commission and
to all aspects of the Commission's review of, and action on, any
such application.
(l) Application of provisions to leases in Gulf of Mexico
The Secretary may require the provisions of this section to apply
to an oil and gas lease issued or maintained under this subchapter,
which is located in that area of the Gulf of Mexico which is
adjacent to the State of Florida, as determined pursuant to section
1333(a)(2) of this title.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 25, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 659.)

-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsecs. (e)(2), (h)(1), and (k), is Pub. L. 91-190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter
55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short
Title note set out under section 4321 of Title 42 and Tables.
The Coastal Zone Management Act of 1972, referred to in subsec.
(h)(2)(A)(ii), (B)(ii), is title III of Pub. L. 89-454, as added by
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is
classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 1451 of Title 16 and
Tables.

-End-



-CITE-
43 USC Sec. 1352 01/19/04

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

-HEAD-
Sec. 1352. Oil and gas information program

-STATUTE-
(a) Access to data and information obtained by lessee or permittee
from oil or gas exploration, etc., data obtained by Federal
department or agency from geological and geophysical explorations
(1)(A) Any lessee or permittee conducting any exploration for, or
development or production of, oil or gas pursuant to this
subchapter shall provide the Secretary access to all data and
information (including processed, analyzed, and interpreted
information) obtained from such activity and shall provide copies
of such data and information as the Secretary may request. Such
data and information shall be provided in accordance with
regulations which the Secretary shall prescribe.
(B) If an interpretation provided pursuant to subparagraph (A) of
this paragraph is made in good faith by the lessee or permittee,
such lessee or permittee shall not be held responsible for any
consequence of the use of or reliance upon such interpretation.
(C) Whenever any data and information is provided to the
Secretary, pursuant to subparagraph (A) of this paragraph -
(i) by a lessee, in the form and manner of processing which is
utilized by such lessee in the normal conduct of his business,
the Secretary shall pay the reasonable cost of reproducing such
data and information;
(ii) by a lessee, in such other form and manner of processing
as the Secretary may request, the Secretary shall pay the
reasonable cost of processing and reproducing such data and
information;
(iii) by a permittee, in the form and manner of processing
which is utilized by such permittee in the normal conduct of his
business, the Secretary shall pay such permittee the reasonable
cost of reproducing such data and information for the Secretary
and shall pay at the lowest rate available to any purchaser for
processing such data and information the costs attributable to
such processing; and
(iv) by a permittee, in such other form and manner of
processing as the Secretary may request, the Secretary shall pay
such permittee the reasonable cost of processing and reproducing
such data and information for the Secretary,

pursuant to such regulations as he may prescribe.
(2) Each Federal department and agency shall provide the
Secretary with any data obtained by such Federal department or
agency pursuant to section 1340 of this title, and any other
information which may be necessary or useful to assist him in
carrying out the provisions of this subchapter.
(b) Processing, analyzing, and interpreting information;
availability of summary of data to affected States and local
government
(1) Data and information provided to the Secretary pursuant to
subsection (a) of this section shall be processed, analyzed, and
interpreted by the Secretary for purposes of carrying out his
duties under this subchapter.
(2) As soon as practicable after information provided to the
Secretary pursuant to subsection (a) of this section is processed,
analyzed, and interpreted, the Secretary shall make available to
the affected States, and upon request, to any affected local
government, a summary of data designed to assist them in planning
for the onshore impacts of possible oil and gas development and
production. Such summary shall include estimates of (A) the oil and
gas reserves in areas leased or to be leased, (B) the size and
timing of development if and when oil or gas, or both, is found,
(C) the location of pipelines, and (D) the general location and
nature of onshore facilities.
(c) Confidentiality of information; regulations
The Secretary shall prescribe regulations to (1) assure that the
confidentiality of privileged or proprietary information received
by the Secretary under this section will be maintained, and (2) set
forth the time periods and conditions which shall be applicable to
the release of such information. Such regulations shall include a
provision that no such information will be transmitted to any
affected State unless the lessee, or the permittee and all persons
to whom such permittee has sold such information under promise of
confidentiality, agree to such transmittal.
(d) Transmittal of information to affected State; protection of
competitive position
(1) The Secretary shall transmit to any affected State -
(A) an index, and upon request copies of, all relevant actual
or proposed programs, plans, reports, environmental impact
statements, tract nominations (including negative nominations)
and other lease sale information, any similar type of relevant
information, and all modifications and revisions thereof and
comments thereon, prepared or obtained by the Secretary pursuant
to this subchapter, but no information transmitted by the
Secretary under this subsection shall identify any particular
tract with the name or names of any particular party so as not to
compromise the competitive position of any party or parties
participating in the nominations;
(B)(i) the summary of data prepared by the Secretary pursuant
to subsection (b)(2) of this section, and (ii) any other
processed, analyzed, or interpreted data prepared by the
Secretary pursuant to subsection (b)(1) of this section, unless
the Secretary determines that transmittal of such data prepared
pursuant to subsection (b)(1) of this section would unduly damage
the competitive position of the lessee or permittee who provided
the Secretary with the information which the Secretary had
processed, analyzed, or interpreted; and
(C) any relevant information received by the Secretary pursuant
to subsection (a) of this section, subject to any applicable
requirements as to confidentiality which are set forth in
regulations prescribed under subsection (c) of this section.

(2) Notwithstanding the provisions of any regulation required
pursuant to the second sentence of subsection (c) of this section,
the Governor of any affected State may designate an appropriate
State official to inspect, at a regional location which the
Secretary shall designate, any privileged information received by
the Secretary regarding any activity adjacent to such State, except
that no such inspection shall take place prior to the sale of a
lease covering the area in which such activity was conducted.
Knowledge obtained by such State during such inspection shall be
subject to applicable requirements as to confidentiality which are
set forth in regulations prescribed under subsection (c) of this
section.
(e) Agreement with State to waive defenses and hold United States
harmless from failure to maintain confidentiality of information
Prior to transmitting any privileged information to any State, or
granting such State access to such information, the Secretary shall
enter into a written agreement with the Governor of such State in
which such State agrees, as a condition precedent to receiving or
being granted access to such information, to waive the defenses set
forth in subsection (f)(2) of this section, and to hold the United
States harmless from any violations of the regulations prescribed
pursuant to subsection (c) of this section that the State or its
employees may commit.
(f) Civil action against United States or State for failure to
maintain confidentiality of information; certain defenses
unavailable
(1) Whenever any employee of the Federal Government or of any
State reveals information in violation of the regulations
prescribed pursuant to subsection (c) of this section, the lessee
or permittee who supplied such information to the Secretary or to
any other Federal official, and any person to whom such lessee or
permittee has sold such information under promise of
confidentiality, may commence a civil action for damages in the
appropriate district court of the United States against the Federal
Government or such State, as the case may be.
(2) In any action commenced against the Federal Government or a
State pursuant to paragraph (1) of this subsection, the Federal
Government or such State, as the case may be, may not raise as a
defense (A) any claim of sovereign immunity, or (B) any claim that
the employee who revealed the privileged information which is the
basis of such suit was acting outside the scope of his employment
in revealing such information.
(g) Preemption of State law by Federal law
Any provision of State or local law which provides for public
access to any privileged information received or obtained by any
person pursuant to this subchapter is expressly preempted by the
provisions of this section, to the extent that it applies to such
information.
(h) Failure by State to comply with regulations; withholding of
information
If the Secretary finds that any State cannot or does not comply
with the regulations issued under subsection (c) of this section,
he shall thereafter withhold transmittal and deny inspection of
privileged information to such State until he finds that such State
can and will comply with such regulations.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 26, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 664.)


-MISC1-
PAYMENT OF PROCESSING COSTS FOR DATA AND INFORMATION ACQUIRED;
PERMITTEES ELIGIBLE
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided
that: "Notwithstanding any other provision of law, for data and
information acquired in fiscal year 1986 or thereafter, by the
Secretary, pursuant to section 1352(a)(1)(C)(iii) of title 43,
United States Code, payment shall be made for processing costs to
permittees with permits issued on or before September 30, 1985."

PAYMENT OF COSTS OF REPRODUCING DATA AND INFORMATION PROVIDED TO
SECRETARY
Pub. L. 99-190, Sec. 101(d) [title I, Sec. 100], Dec. 19, 1985,
99 Stat. 1224, 1232, provided: "That notwithstanding any other
provision of law, when in fiscal year 1986 and thereafter any
permittee provides data and information to the Secretary pursuant
to section 1352(a)(1)(C)(iii) of title 43, United States Code, the
Secretary shall pay only the reasonable cost of reproducing such
data and information."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1337, 1345 of this title;
title 42 section 6508.

-End-



-CITE-
43 USC Sec. 1353 01/19/04

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

-HEAD-
Sec. 1353. Federal purchase and disposition of oil and gas

-STATUTE-
(a) Payment of royalties or net profit shares in oil and gas;
purchase of oil and gas by United States; transfer of title to
Federal agencies
(1) Except as may be necessary to comply with the provisions of
sections 1335 and 1336 of this title, all royalties or net profit
shares, or both, accruing to the United States under any oil and
gas lease issued or maintained in accordance with this subchapter,
shall, on demand of the Secretary, be paid in oil or gas.
(2) The United States shall have the right to purchase not to
exceed 16 2/3 per centum by volume of the oil and gas produced
pursuant to a lease issued or maintained in accordance with this
subchapter, at the regulated price, or, if no regulated price
applies, at the fair market value at the well head of the oil and
gas saved, removed, or sold, except that any oil or gas obtained by
the United States as royalty or net profit share shall be credited
against the amount that may be purchased under this subsection.
(3) Title to any royalty, net profit share, or purchased oil or
gas may be transferred, upon request, by the Secretary to the
Secretary of Defense, to the Administrator of the General Services
Administration, or to the Secretary of Energy, for disposal within
the Federal Government.
(b) Sale of oil by United States to public; disposition of oil to
small refiners; application of other laws
(1) The Secretary, except as provided in this subsection, may
offer to the public and sell by competitive bidding for not more
than its regulated price, or, if no regulated price applies, not
less than its fair market value, any part of the oil (A) obtained
by the United States pursuant to any lease as royalty or net profit
share, or (B) purchased by the United States pursuant to subsection
(a)(2) of this section.
(2) Whenever, after consultation with the Secretary of Energy,
the Secretary determines that small refiners do not have access to
adequate supplies of oil at equitable prices, the Secretary may
dispose of any oil which is taken as a royalty or net profit share
accruing or reserved to the United States pursuant to any lease
issued or maintained under this subchapter, or purchased by the
United States pursuant to subsection (a)(2) of this section, by
conducting a lottery for the sale of such oil, or may equitably
allocate such oil among the competitors for the purchase of such
oil, at the regulated price, or if no regulated price applies, at
its fair market value. The Secretary shall limit participation in
any allocation or lottery sale to assure such access and shall
publish notice of such allocation or sale, and the terms thereof,
at least thirty days in advance. Such notice shall include
qualifications for participation, the amount of oil to be sold, and
any limitation in the amount of oil which any participant may be
entitled to purchase.
(3) The Secretary may only sell or otherwise dispose of oil
described in paragraph (1) of this subsection in accordance with
any provision of law, or regulations issued in accordance with such
provisions, which provide for the Secretary of Energy to allocate,
transfer, exchange, or sell oil in amounts or at prices determined
by such provision of law or regulations.
(c) Sale of gas by United States to public
(1) Except as provided in paragraph (2) of this subsection, the
Secretary, pursuant to such terms as he determines, many (!1) offer
to the public and sell by competitive bidding for not more than its
regulated price, or, if no regulated price applies, not less than
its fair market value any part of the gas (A) obtained by the
United States pursuant to a lease as royalty or net profit share,
or (B) purchased by the United States pursuant to subsection (a)(2)
of this section.

(2) Whenever, after consultation with and advice from the
Secretary of Energy, the Federal Energy Regulatory Commission
determines that an emergency shortage of natural gas is threatening
to cause severe economic or social dislocation in any region of the
United States and that such region can be serviced in a practical,
feasible, and efficient manner by royalty, net profit share, or
purchased gas obtained pursuant to the provisions of this section,
the Secretary of the Interior may allocate or conduct a lottery for
the sale of such gas, and shall limit participation in any
allocation or lottery sale of such gas to any person servicing such
region, but he shall not sell any such gas for more than its
regulated price, or, if no regulated price applies, less than its
fair market value. Prior to selling or allocating any gas pursuant
to this subsection, the Secretary shall consult with the Federal
Energy Regulatory Commission.
(d) Purchase by lessee of Federal oil or gas for which no bids
received
The lessee shall take any Federal oil or gas for which no
acceptable bids are received, as determined by the Secretary, and
which is not transferred pursuant to subsection (a)(3) of this
section, and shall pay to the United States a cash amount equal to
the regulated price, or, if no regulated price applies, the fair
market value of the oil or gas so obtained.
(e) Definitions
As used in this section -
(1) the term "regulated price" means the highest price -
(A) at which oil many (!2) be sold pursuant to the Emergency
Petroleum Allocation Act of 1973 (!3) [15 U.S.C. 751 et seq.]
and any rule or order issued under such Act;


(B) at which natural gas may be sold to natural-gas companies
pursuant to the Natural Gas Act [15 U.S.C. 717 et seq.], any
other Act, regulations governing natural gas pricing, or any
rule or order issued under any such Act or any such
regulations; or
(C) at which either Federal oil or gas may be sold under any
other provision of law or rule or order thereunder which sets a
price (or manner for determining a price) for oil or gas; and

(2) the term "small refiner" has the meaning given such term by
Small Business Administration Standards 128.3-8(d) and (g), as in
effect on September 18, 1978, or as there-after revised or
amended.
(f) Purchase of oil and gas in time of war
Nothing in this section shall prohibit the right of the United
States to purchase any oil or gas produced on the outer Continental
Shelf as provided by section 1341(b) of this title.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 27, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 666.)

-REFTEXT-
REFERENCES IN TEXT
The Emergency Petroleum Allocation Act of 1973, referred to in
subsec. (e)(1)(A), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628,
as amended, which was classified generally to chapter 16A (Sec. 751
et seq.) of Title 15, Commerce and Trade, and was omitted from the
Code pursuant to section 760g of Title 15, which provided for the
expiration of the President's authority under that chapter on Sept.
30, 1981.
The Natural Gas Act, referred to in subsec. (e)(1)(B), is act
June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
classified generally to chapter 15B (Sec. 717 et seq.) of Title 15.
For complete classification of that Act to the Code, see section
717w of Title 15 and Tables.


-TRANS-
TRANSFER OF FUNCTIONS
Functions vested in Secretary of Energy and Department of Energy
under or with respect to subsec. (b)(2), (3) of this section,
transferred to, and vested in, Secretary of the Interior, by
section 100 of Pub. L. 97-257, 96 Stat. 841, set out as a note
under section 7152 of Title 42, The Public Health and Welfare.

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

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

(!3) See References in Text note below.


-End-



-CITE-
43 USC Sec. 1354 01/19/04

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

-HEAD-
Sec. 1354. Limitations on export of oil or gas

-STATUTE-
(a) Application of Export Administration provisions
Except as provided in subsection (d) of this section, any oil or
gas produced from the outer Continental Shelf shall be subject to
the requirements and provisions of the Export Administration Act of
1969.
(b) Condition precedent to exportation; express finding by
President of no increase in reliance on imported oil or gas
Before any oil or gas subject to this section may be exported
under the requirements and provisions of the Export Administration
Act of 1969, the President shall make and publish an express
finding that such exports will not increase reliance on imported
oil or gas, are in the national interest, and are in accord with
the provisions of the Export Administration Act of 1969.
(c) Report of findings by President to Congress; joint resolution
of disagreement with findings of President
The President shall submit reports to the Congress containing
findings made under this section, and after the date of receipt of
such report Congress shall have a period of sixty calendar days,
thirty days of which Congress must have been in session, to
consider whether exports under the terms of this section are in the
national interest. If the Congress within such time period passes a
concurrent resolution of disapproval stating disagreement with the
President's finding concerning the national interest, further
exports made pursuant to such Presidential findings shall cease.
(d) Exchange or temporary exportation of oil and gas for
convenience or efficiency of transportation
The provisions of this section shall not apply to any oil or gas
which is either exchanged in similar quantity for convenience or
increased efficiency of transportation with persons or the
government of a foreign state, or which is temporarily exported for
convenience or increased efficiency of transportation across parts
of an adjacent foreign state and reenters the United States, or
which is exchanged or exported pursuant to an existing
international agreement.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 28, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-
REFERENCES IN TEXT
The Export Administration Act of 1969, referred to in subsecs.
(a) and (b), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as
amended, which was formerly classified to sections 2401 to 2413 of
Title 50, Appendix, War and National Defense, and which terminated
on Sept. 30, 1979, pursuant to the terms of that Act.

-End-



-CITE-
43 USC Sec. 1355 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDSCHAPTER 29 - SUBMERGED LANDS (continued)