Page 297 TITLE 43—PUBLIC LANDS § 1331

§ 1312. Seaward boundaries of States waters for the constitutional purposes of com- merce, navigation, national defense, and inter- The seaward boundary of each original coastal national affairs, all of which shall be paramount State is approved and confirmed as a line three to, but shall not be deemed to include, propri- geographical miles distant from its coast line etary rights of ownership, or the rights of man- or, in the case of the Great Lakes, to the inter- agement, administration, leasing, use, and de- national boundary. Any State admitted subse- velopment of the lands and natural resources quent to the formation of the Union which has which are specifically recognized, confirmed, es- not already done so may extend its seaward tablished, and vested in and assigned to the re- boundaries to a line three geographical miles spective States and others by section 1311 of this distant from its coast line, or to the inter- title. national boundaries of the United States in the (b) In time of war or when necessary for na- Great Lakes or any other body of water tra- tional defense, and the Congress or the Presi- versed by such boundaries. Any claim heretofore dent shall so prescribe, the United States shall or hereafter asserted either by constitutional have the right of first refusal to purchase at the provision, statute, or otherwise, indicating the prevailing market price, all or any portion of intent of a State so to extend its boundaries is the said natural resources, or to acquire and use approved and confirmed, without prejudice to its any portion of said lands by proceeding in ac- claim, if any it has, that its boundaries extend cordance with due process of law and paying just beyond that line. Nothing in this section is to be compensation therefor. construed as questioning or in any manner prej- udicing the existence of any State’s seaward (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) boundary beyond three geographical miles if it § 1315. Rights acquired under laws of United was so provided by its constitution or laws prior States unaffected to or at the time such State became a member of the Union, or if it has been heretofore ap- Nothing contained in this subchapter or sub- proved by Congress. chapter I of this chapter shall affect such rights, (May 22, 1953, ch. 65, title II, § 4, 67 Stat. 31.) if any, as may have been acquired under any law of the United States by any person in lands sub- § 1313. Exceptions from operation of section 1311 ject to this subchapter or subchapter I of this of this title chapter and such rights, if any, shall be gov- erned by the law in effect at the time they may There is excepted from the operation of sec- have been acquired: Provided, however, That tion 1311 of this title— nothing contained in this subchapter or sub- (a) all tracts or parcels of land together with chapter I of this chapter is intended or shall be all accretions thereto, resources therein, or construed as a finding, interpretation, or con- improvements thereon, title to which has been struction by the Congress that the law under lawfully and expressly acquired by the United which such rights may be claimed in fact or in States from any State or from any person in law applies to the lands subject to this sub- whom title had vested under the law of the chapter or subchapter I of this chapter, or au- State or of the United States, and all lands thorizes or compels the granting of such rights which the United States lawfully holds under in such lands, and that the determination of the the law of the State; all lands expressly re- applicability or effect of such law shall be unaf- tained by or ceded to the United States when fected by anything contained in this subchapter the State entered the Union (otherwise than or subchapter I of this chapter. by a general retention or cession of lands un- derlying the marginal sea); all lands acquired (May 22, 1953, ch. 65, title II, § 8, 67 Stat. 32.) by the United States by eminent domain pro- SUBCHAPTER III—OUTER CONTINENTAL ceedings, purchase, cession, gift, or otherwise SHELF LANDS in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United § 1331. Definitions States for its own use; and any rights the United States has in lands presently and actu- When used in this subchapter— ally occupied by the United States under (a) The term ‘‘outer Continental Shelf’’ means claim of right; all submerged lands lying seaward and outside (b) such lands beneath navigable waters of the area of lands beneath navigable waters as held, or any interest in which is held by the defined in section 1301 of this title, and of which United States for the benefit of any tribe, the subsoil and seabed appertain to the United band, or group of Indians or for individual In- States and are subject to its jurisdiction and dians; and control; (c) all structures and improvements con- (b) The term ‘‘Secretary’’ means the Secretary structed by the United States in the exercise of the Interior, except that with respect to func- of its navigational servitude. tions under this subchapter transferred to, or vested in, the Secretary of Energy or the Fed- (May 22, 1953, ch. 65, title II, § 5, 67 Stat. 32.) eral Energy Regulatory Commission by or pur- suant to the Department of Energy Organization § 1314. Rights and powers retained by United Act (42 U.S.C. 7101 et seq.), the term ‘‘Secretary’’ States; purchase of natural resources; con- means the Secretary of Energy, or the Federal demnation of lands Energy Regulatory Commission, as the case (a) The United States retains all its naviga- may be; tional servitude and rights in and powers of reg- (c) The term ‘‘lease’’ means any form of au- ulation and control of said lands and navigable thorization which is issued under section 1337 of § 1331 TITLE 43—PUBLIC LANDS Page 298 this title or maintained under section 1335 of uous zone, transitional and intertidal areas, salt this title and which authorizes exploration for, marshes, and wetlands within the coastal zone and development and production of, minerals; and on the outer Continental Shelf; (d) The term ‘‘person’’ includes, in addition to (h) The term ‘‘coastal environment’’ means a natural person, an association, a State, a po- the physical atmospheric, and biological compo- litical subdivision of a State, or a private, pub- nents, conditions, and factors which inter- lic, or municipal corporation; actively determine the productivity, state, con- (e) The term ‘‘coastal zone’’ means the coastal dition, and quality of the terrestrial ecosystem waters (including the lands therein and there- from the shoreline inward to the boundaries of under) and the adjacent shorelands (including the coastal zone; the waters therein and thereunder), strongly in- (i) The term ‘‘human environment’’ means the fluenced by each other and in proximity to the physical, social, and economic components, con- shorelines of the several coastal States, and in- ditions, and factors which interactively deter- cludes islands, transition and intertidal areas, mine the state, condition, and quality of living salt marshes, wetlands, and beaches, which zone conditions, employment, and health of those af- extends seaward to the outer limit of the United fected, directly or indirectly, by activities oc- States territorial sea and extends inland from curring on the outer Continental Shelf; the shorelines to the extent necessary to control (j) The term ‘‘Governor’’ means the Governor shorelands, the uses of which have a direct and of a State, or the person or entity designated by, significant impact on the coastal waters, and or pursuant to, State law to exercise the powers the inward boundaries of which may be identi- granted to such Governor pursuant to this sub- fied by the several coastal States, pursuant to chapter; the authority of section 1454(b)(1) 1 of title 16; (k) The term ‘‘exploration’’ means the process (f) The term ‘‘affected State’’ means, with re- of searching for minerals, including (1) geo- spect to any program, plan, lease sale, or other physical surveys where magnetic, gravity, seis- activity, proposed, conducted, or approved pur- mic, or other systems are used to detect or suant to the provisions of this subchapter, any imply the presence of such minerals, and (2) any State— drilling, whether on or off known geological (1) the laws of which are declared, pursuant structures, including the drilling of a well in to section 1333(a)(2) of this title, to be the law which a discovery of oil or natural gas in paying of the United States for the portion of the quantities is made and the drilling of any addi- outer Continental Shelf on which such activ- tional delineation well after such discovery ity is, or is proposed to be, conducted; which is needed to delineate any reservoir and (2) which is, or is proposed to be, directly to enable the lessee to determine whether to connected by transportation facilities to any proceed with development and production; artificial island or structure referred to in sec- (l) The term ‘‘development’’ means those ac- tion 1333(a)(1) of this title; tivities which take place following discovery of 2 (3) which is receiving, or in accordnace with minerals in paying quantities, including geo- the proposed activity will receive, oil for proc- physical activity, drilling, platform construc- essing, refining, or transshipment which was tion, and operation of all onshore support facili- extracted from the outer Continental Shelf ties, and which are for the purpose of ultimately and transported directly to such State by producing the minerals discovered; means of vessels or by a combination of means (m) The term ‘‘production’’ means those ac- including vessels; tivities which take place after the successful (4) which is designated by the Secretary as a completion of any means for the removal of State in which there is a substantial prob- minerals, including such removal, field oper- ability of significant impact on or damage to ations, transfer of minerals to shore, operation the coastal, marine, or human environment, monitoring, maintenance, and work-over drill- or a State in which there will be significant ing; changes in the social, governmental, or eco- (n) The term ‘‘antitrust law’’ means— nomic infrastructure, resulting from the ex- (1) the Sherman Act (15 U.S.C. 1 et seq.); ploration, development, and production of oil (2) the Clayton Act (15 U.S.C. 12 et seq.); and gas anywhere on the outer Continental (3) the Federal Trade Commission Act (15 Shelf; or U.S.C. 41 et seq.); (5) in which the Secretary finds that because (4) the Wilson Tariff Act (15 U.S.C. 8 et seq.); of such activity there is, or will be, a signifi- or cant risk of serious damage, due to factors (5) the Act of June 19, 1936, chapter 592 (15 such as prevailing winds and currents, to the U.S.C. 13, 13a, 13b, and 21a); marine or coastal environment in the event of (o) The term ‘‘fair market value’’ means the any oilspill, blowout, or release of oil or gas value of any mineral (1) computed at a unit from vessels, pipelines, or other transshipment price equivalent to the average unit price at facilities; which such mineral was sold pursuant to a lease (g) The term ‘‘marine environment’’ means during the period for which any royalty or net the physical, atmospheric, and biological com- profit share is accrued or reserved to the United ponents, conditions, and factors which inter- States pursuant to such lease, or (2) if there actively determine the productivity, state, con- were no such sales, or if the Secretary finds that dition, and quality of the marine ecosystem, in- there were an insufficient number of such sales cluding the waters of the high seas, the contig- to equitably determine such value, computed at the average unit price at which such mineral 1 See References in Text note below. was sold pursuant to other leases in the same re- 2 So in original. Probably should be ‘‘accordance’’. gion of the outer Continental Shelf during such Page 299 TITLE 43—PUBLIC LANDS § 1331 period, or (3) if there were no sales of such min- nition of that term substituted ‘‘any form of authoriza- eral from such region during such period, or if tion which is issued under section 1337 of this title or the Secretary finds that there are an insuffi- maintained under section 1335 of this title and which cient number of such sales to equitably deter- authorizes exploration for, and development and pro- duction of, minerals;’’ for ‘‘any form of authorization mine such value, at an appropriate price deter- for the exploration for, or development or removal of mined by the Secretary; deposits of, oil, gas, or other minerals; and’’. (p) The term ‘‘major Federal action’’ means Subsec. (d). Pub. L. 95–372, § 201(b)(1), substituted any action or proposal by the Secretary which is semicolon for period at end. subject to the provisions of section 4332(2)(C) of Subsecs. (e) to (q). Pub. L. 95–372, § 201(b)(2), added title 42; and subsecs. (e) to (q). (q) The term ‘‘minerals’’ includes oil, gas, sul- phur, geopressured-geothermal and associated SHORT TITLE OF 1978 AMENDMENT resources, and all other minerals which are au- For short title of Pub. L. 95–372 as the ‘‘Outer Con- thorized by an Act of Congress to be produced tinental Shelf Lands Act Amendments of 1978’’, see sec- from ‘‘public lands’’ as defined in section 1702 of tion 1 of Pub. L. 95–372, set out as a Short Title note this title. under section 1801 of this title. (Aug. 7, 1953, ch. 345, § 2, 67 Stat. 462; Pub. L. SHORT TITLE 95–372, title II, § 201, Sept. 18, 1978, 92 Stat. 632.) For short title of act Aug. 7, 1953, which enacted this subchapter, as the ‘‘Outer Continental Shelf Lands REFERENCES IN TEXT Act’’, see section 1 of act Aug. 7, 1953, set out as a note The Department of Energy Organization Act, referred under section 1301 of this chapter. to in subsec. (b), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, as amended, which is classified principally to chap- SEPARABILITY ter 84 (§ 7101 et seq.) of Title 42, The Public Health and Section 17 of act Aug. 7, 1953, provided that: ‘‘If any Welfare. For complete classification of this Act to the provision of this Act [enacting this subchapter], or any Code, see Short Title note set out under section 7101 of section, subsection, sentence, clause, phrase or individ- Title 42 and Tables. Section 1454(b) of title 16, referred to in subsec. (e), ual word, or the application thereof to any person or was amended generally by Pub. L. 101–508, title VI, circumstance is held invalid, the validity of the re- § 6205, Nov. 5, 1990, 104 Stat. 1388–302, and, as so amend- mainder of the Act and of the application of any such ed, does not contain a par. (1). provision, section, subsection, sentence, clause, phrase The Sherman Act, referred to in subsec. (n)(1), is act or individual word to other persons and circumstances July 2, 1890, ch. 647, 26 Stat. 209, as amended, which en- shall not be affected thereby.’’ acted sections 1 to 7 of Title 15, Commerce and Trade. TRANSFER OF FUNCTIONS For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Functions of Secretary of the Interior to promulgate Tables. regulations under this subchapter which relate to fos- The Clayton Act, referred to in subsec. (n)(2), is act tering of competition for Federal leases, implementa- Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is tion of alternative bidding systems authorized for classified generally to sections 12, 13, 14 to 19, 21, and award of Federal leases, establishment of diligence re- 22 to 27 of Title 15, and sections 52 and 53 of Title 29, quirements for operations conducted on Federal leases, Labor. For further details and complete classification setting of rates for production of Federal leases, and of this Act to the Code, see References in Text note set specifying of procedures, terms, and conditions for ac- out under section 12 of Title 15 and Tables. quisition and disposition of Federal royalty interests The Federal Trade Commission Act, referred to in taken in kind, transferred to Secretary of Energy by subsec. (n)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, section 7152(b) of Title 42, The Public Health and Wel- as amended, which is classified generally to subchapter fare. Section 7152(b) of Title 42 was repealed by Pub. L. I (§ 41 et seq.) of chapter 2 of Title 15. For complete clas- 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- sification of this Act to the Code, see section 58 of Title tions of Secretary of Energy returned to Secretary of 15 and Tables. the Interior. See House Report No. 97–315, pp. 25, 26, The Wilson Tariff Act, referred to in subsec. (n)(4), is Nov. 5, 1981. act Aug. 27, 1894, ch. 349, §§ 73 to 77, 28 Stat. 570, as amended. Sections 73 to 76 enacted sections 8 to 11 of GULF OF MEXICO ENERGY SECURITY Title 15. Section 77 is not classified to the Code. For Pub. L. 109–432, div. C, title I, Dec. 20, 2006, 120 Stat. complete classification of this Act to the Code, see 3000, provided that: Short Title note set out under section 8 of Title 15 and Tables. ‘‘SEC. 101. SHORT TITLE. Act of June 19, 1936, referred to in subsec. (n)(5), is act ‘‘This title may be cited as the ‘Gulf of Mexico En- June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as ergy Security Act of 2006’. the Robinson-Patman Act, the Robinson-Patman Anti- discrimination Act, and the Robinson-Patman Price ‘‘SEC. 102. DEFINITIONS. Discrimination Act, which enacted sections 13a, 13b, ‘‘In this title: and 21a of Title 15, Commerce and Trade, and amended ‘‘(1) 181 AREA.—The term ‘181 Area’ means the area section 13 of Title 15. For complete classification of identified in map 15, page 58, of the Proposed Final this Act to the Code, see Short Title note set out under Outer Continental Shelf Oil and Gas Leasing Program section 13 of Title 15 and Tables. for 1997–2002, dated August 1996, of the Minerals Man- agement Service, available in the Office of the Direc- AMENDMENTS tor of the Minerals Management Service, excluding 1978—Subsec. (b). Pub. L. 95–372, § 201(a), inserted pro- the area offered in OCS Lease Sale 181, held on De- vision that, with respect to functions under this sub- cember 5, 2001. chapter transferred to, or vested in, the Secretary of ‘‘(2) 181 SOUTH AREA.—The term ‘181 South Area’ Energy or the Federal Energy Regulatory Commission means any area— by or pursuant to the Department of Energy Organiza- ‘‘(A) located— tion Act, ‘‘Secretary’’ means the Secretary of Energy ‘‘(i) south of the 181 Area; or the Federal Energy Regulatory Commission, as the ‘‘(ii) west of the Military Mission Line; and case may be. ‘‘(iii) in the Central Planning Area; Subsec. (c). Pub. L. 95–372, § 201(a), substituted ‘‘(B) excluded from the Proposed Final Outer Con- ‘‘lease’’ for ‘‘mineral lease’’ as term defined and in defi- tinental Shelf Oil and Gas Leasing Program for § 1331 TITLE 43—PUBLIC LANDS Page 300

1997–2002, dated August 1996, of the Minerals Man- ‘‘(I) the 181 Area; agement Service; and ‘‘(II) the 181 South Area; and ‘‘(C) included in the areas considered for oil and ‘‘(III) the 2002–2007 planning area. gas leasing, as identified in map 8, page 37 of the ‘‘(B) EXCLUSIONS.—The term ‘qualified outer Con- document entitled ‘Draft Proposed Program Outer tinental Shelf revenues’ does not include— Continental Shelf Oil and Gas Leasing Program ‘‘(i) revenues from the forfeiture of a bond or 2007–2012’, dated February 2006. other surety securing obligations other than roy- ‘‘(3) BONUS OR ROYALTY CREDIT.—The term ‘bonus or alties, civil penalties, or royalties taken by the royalty credit’ means a legal instrument or other Secretary in-kind and not sold; or written documentation, or an entry in an account ‘‘(ii) revenues generated from leases subject to managed by the Secretary, that may be used in lieu section 8(g) of the Outer Continental Shelf Lands of any other monetary payment for— Act (43 U.S.C. 1337(g)). ‘‘(A) a bonus bid for a lease on the outer Con- ‘‘(10) COASTAL POLITICAL SUBDIVISION.—The term tinental Shelf; or ‘coastal political subdivision’ means a political sub- ‘‘(B) a royalty due on oil or gas production from division of a Gulf producing State any part of which any lease located on the outer Continental Shelf. political subdivision is— ‘‘(4) CENTRAL PLANNING AREA.—The term ‘Central ‘‘(A) within the coastal zone (as defined in section Planning Area’ means the Central Gulf of Mexico 304 of the Coastal Zone Management Act of 1972 (16 Planning Area of the outer Continental Shelf, as des- U.S.C. 1453)) of the Gulf producing State as of the ignated in the document entitled ‘Draft Proposed date of enactment of this Act [Dec. 20, 2006]; and Program Outer Continental Shelf Oil and Gas Leasing ‘‘(B) not more than 200 nautical miles from the Program 2007–2012’, dated February 2006. geographic center of any leased tract. ‘‘(5) EASTERN PLANNING AREA.—The term ‘Eastern ‘‘(11) SECRETARY.—The term ‘Secretary’ means the Planning Area’ means the Eastern Gulf of Mexico Secretary of the Interior. Planning Area of the outer Continental Shelf, as des- ‘‘SEC. 103. OFFSHORE OIL AND GAS LEASING IN 181 ignated in the document entitled ‘Draft Proposed AREA AND 181 SOUTH AREA OF GULF OF MEX- Program Outer Continental Shelf Oil and Gas Leasing ICO. Program 2007–2012’, dated February 2006. ‘‘(6) 2002–2007 PLANNING AREA.—The term ‘2002–2007 ‘‘(a) 181 AREA LEASE SALE.—Except as provided in planning area’ means any area— section 104, the Secretary shall offer the 181 Area for oil ‘‘(A) located in— and gas leasing pursuant to the Outer Continental ‘‘(i) the Eastern Planning Area, as designated in Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as prac- the Proposed Final Outer Continental Shelf Oil ticable, but not later than 1 year, after the date of en- and Gas Leasing Program 2002–2007, dated April actment of this Act [Dec. 20, 2006]. 2002, of the Minerals Management Service; ‘‘(b) 181 SOUTH AREA LEASE SALE.—The Secretary ‘‘(ii) the Central Planning Area, as designated shall offer the 181 South Area for oil and gas leasing in the Proposed Final Outer Continental Shelf Oil pursuant to the Outer Continental Shelf Lands Act (43 and Gas Leasing Program 2002–2007, dated April U.S.C. 1331 et seq.) as soon as practicable after the date 2002, of the Minerals Management Service; or of enactment of this Act [Dec. 20, 2006]. ‘‘(iii) the Western Planning Area, as designated ‘‘(c) LEASING PROGRAM.—The 181 Area and 181 South in the Proposed Final Outer Continental Shelf Oil Area shall be offered for lease under this section not- and Gas Leasing Program 2002–2007, dated April withstanding the omission of the 181 Area or the 181 2002, of the Minerals Management Service; and South Area from any outer Continental Shelf leasing ‘‘(B) not located in— program under section 18 of the Outer Continental ‘‘(i) an area in which no funds may be expended Shelf Lands Act (43 U.S.C. 1344). to conduct offshore preleasing, leasing, and relat- ‘‘(d) CONFORMING AMENDMENT.—[Amended section 105 ed activities under sections 104 through 106 of the of Pub. L. 109–54, 119 Stat. 522.] Department of the Interior, Environment, and ‘‘SEC. 104. MORATORIUM ON OIL AND GAS LEASING Related Agencies Appropriations Act, 2006 (Public IN CERTAIN AREAS OF GULF OF MEXICO. Law 109–54; 119 Stat. 521) (as in effect on August ‘‘(a) IN GENERAL.—Effective during the period begin- 2, 2005); ‘‘(ii) an area withdrawn from leasing under the ning on the date of enactment of this Act [Dec. 20, 2006] ‘Memorandum on Withdrawal of Certain Areas of and ending on June 30, 2022, the Secretary shall not the United States Outer Continental Shelf from offer for leasing, preleasing, or any related activity— ‘‘(1) any area east of the Military Mission Line in Leasing Disposition’, from 34 Weekly Comp. Pres. the Gulf of Mexico; Doc. 1111, dated June 12, 1998; or ‘‘(iii) the 181 Area or 181 South Area. ‘‘(2) any area in the Eastern Planning Area that is ‘‘(7) GULF PRODUCING STATE.—The term ‘Gulf pro- within 125 miles of the coastline of the State of Flor- ducing State’ means each of the States of Alabama, ida; or Louisiana, Mississippi, and Texas. ‘‘(3) any area in the Central Planning Area that is— ‘‘(8) MILITARY MISSION LINE.—The term ‘Military ‘‘(A) within— Mission Line’ means the north-south line at 86°41′ W. ‘‘(i) the 181 Area; and longitude. ‘‘(ii) 100 miles of the coastline of the State of ‘‘(9) QUALIFIED OUTER CONTINENTAL SHELF REVE- Florida; or NUES.— ‘‘(B)(i) outside the 181 Area; ‘‘(A) IN GENERAL.—The term ‘qualified outer Con- ‘‘(ii) east of the western edge of the Pensacola Of- tinental Shelf revenues’ means— ficial Protraction Diagram (UTM X coordinate ‘‘(i) in the case of each of fiscal years 2007 1,393,920 (NAD 27 feet)); and through 2016, all rentals, royalties, bonus bids, ‘‘(iii) within 100 miles of the coastline of the and other sums due and payable to the United State of Florida. States from leases entered into on or after the ‘‘(b) MILITARY MISSION LINE.—Notwithstanding sub- date of enactment of this Act [Dec. 20, 2006] for— section (a), the United States reserves the right to des- ‘‘(I) areas in the 181 Area located in the East- ignate by and through the Secretary of Defense, with ern Planning Area; and the approval of the President, national defense areas on ‘‘(II) the 181 South Area; and the outer Continental Shelf pursuant to section 12(d) of ‘‘(ii) in the case of fiscal year 2017 and each fis- the Outer Continental Shelf Lands Act (43 U.S.C. cal year thereafter, all rentals, royalties, bonus 1341(d)). bids, and other sums due and payable to the ‘‘(c) EXCHANGE OF CERTAIN LEASES.— United States received on or after October 1, 2016, ‘‘(1) IN GENERAL.—The Secretary shall permit any from leases entered into on or after the date of person that, as of the date of enactment of this Act enactment of this Act for— [Dec. 20, 2006], has entered into an oil or gas lease Page 301 TITLE 43—PUBLIC LANDS § 1331

with the Secretary in any area described in para- (based on a formula established by the Secretary graph (2) or (3) of subsection (a) to exchange the lease by regulation) that are inversely proportional to for a bonus or royalty credit that may only be used the respective distances between the point on the in the Gulf of Mexico. coastline of each Gulf producing State that is ‘‘(2) VALUATION OF EXISTING LEASE.—The amount of closest to the geographic center of the applicable the bonus or royalty credit for a lease to be ex- leased tract and the geographic center of the changed shall be equal to— leased tract; and ‘‘(A) the amount of the bonus bid; and ‘‘(ii) the amount made available under sub- ‘‘(B) any rental paid for the lease as of the date section (a)(2)(A) from any lease entered into with- the lessee notifies the Secretary of the decision to in the 2002–2007 planning area shall be allocated exchange the lease. to each Gulf producing State in amounts that are ‘‘(3) REVENUE DISTRIBUTION.—No bonus or royalty inversely proportional to the respective distances credit may be used under this subsection in lieu of between the point on the coastline of each Gulf any payment due under, or to acquire any interest in, producing State that is closest to the geographic a lease subject to the revenue distribution provisions center of each historical lease site and the geo- of section 8(g) of the Outer Continental Shelf Lands graphic center of the historical lease site, as de- Act (43 U.S.C. 1337(g)). termined by the Secretary. ‘‘(4) REGULATIONS.—Not later than 1 year after the ‘‘(B) MINIMUM ALLOCATION.—The amount allo- date of enactment of this Act, the Secretary shall cated to a Gulf producing State each fiscal year promulgate regulations that shall provide a process under subparagraph (A) shall be at least 10 percent for— of the amounts available under subsection (a)(2)(A). ‘‘(A) notification to the Secretary of a decision to ‘‘(C) HISTORICAL LEASE SITES.— exchange an eligible lease; ‘‘(i) IN GENERAL.—Subject to clause (ii), for pur- ‘‘(B) issuance of bonus or royalty credits in ex- poses of subparagraph (A)(ii), the historical lease change for relinquishment of the existing lease; sites in the 2002–2007 planning area shall include ‘‘(C) transfer of the bonus or royalty credit to any all leases entered into by the Secretary for an other person; and area in the Gulf of Mexico during the period be- ‘‘(D) determining the proper allocation of bonus ginning on October 1, 1982 (or an earlier date if or royalty credits to each lease interest owner. practicable, as determined by the Secretary), and ending on December 31, 2015. ‘‘SEC. 105. DISPOSITION OF QUALIFIED OUTER CON- ‘‘(ii) ADJUSTMENT.—Effective January 1, 2022, TINENTAL SHELF REVENUES FROM 181 AREA, and every 5 years thereafter, the ending date de- 181 SOUTH AREA, AND 2002–2007 PLANNING scribed in clause (i) shall be extended for an addi- AREAS OF GULF OF MEXICO. tional 5 calendar years. ‘‘(a) IN GENERAL.—Notwithstanding section 9 of the ‘‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVI- Outer Continental Shelf Lands Act (43 U.S.C. 1338) and SIONS.— subject to the other provisions of this section, for each ‘‘(A) IN GENERAL.—The Secretary shall pay 20 per- applicable fiscal year, the Secretary of the Treasury cent of the allocable share of each Gulf producing shall deposit— State, as determined under paragraphs (1) and (2), ‘‘(1) 50 percent of qualified outer Continental Shelf to the coastal political subdivisions of the Gulf pro- revenues in the general fund of the Treasury; and ducing State. ‘‘(2) 50 percent of qualified outer Continental Shelf ‘‘(B) ALLOCATION.—The amount paid by the Sec- revenues in a special account in the Treasury from retary to coastal political subdivisions shall be al- which the Secretary shall disburse— located to each coastal political subdivision in ac- ‘‘(A) 75 percent to Gulf producing States in ac- cordance with subparagraphs (B), (C), and (E) of cordance with subsection (b); and section 31(b)(4) of the Outer Continental Shelf ‘‘(B) 25 percent to provide financial assistance to Lands Act (43 U.S.C. 1356a(b)(4)). States in accordance with section 6 of the Land and ‘‘(c) TIMING.—The amounts required to be deposited Water Conservation Fund Act of 1965 (16 U.S.C. under paragraph (2) of subsection (a) for the applicable 460l–8), which shall be considered income to the fiscal year shall be made available in accordance with Land and Water Conservation Fund for purposes of that paragraph during the fiscal year immediately fol- section 2 of that Act (16 U.S.C. 460l–5). lowing the applicable fiscal year. ‘‘(b) ALLOCATION AMONG GULF PRODUCING STATES AND ‘‘(d) AUTHORIZED USES.— COASTAL POLITICAL SUBDIVISIONS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), each ‘‘(1) ALLOCATION AMONG GULF PRODUCING STATES FOR Gulf producing State and coastal political subdivi- FISCAL YEARS 2007 THROUGH 2016.— sion shall use all amounts received under subsection ‘‘(A) IN GENERAL.—Subject to subparagraph (B), (b) in accordance with all applicable Federal and effective for each of fiscal years 2007 through 2016, State laws, only for 1 or more of the following pur- the amount made available under subsection poses: (a)(2)(A) shall be allocated to each Gulf producing ‘‘(A) Projects and activities for the purposes of State in amounts (based on a formula established coastal protection, including conservation, coastal by the Secretary by regulation) that are inversely restoration, hurricane protection, and infrastruc- proportional to the respective distances between ture directly affected by coastal wetland losses. ‘‘(B) Mitigation of damage to fish, wildlife, or the point on the coastline of each Gulf producing natural resources. State that is closest to the geographic center of the ‘‘(C) Implementation of a federally-approved ma- applicable leased tract and the geographic center of rine, coastal, or comprehensive conservation man- the leased tract. agement plan. ‘‘(B) MINIMUM ALLOCATION.—The amount allo- ‘‘(D) Mitigation of the impact of outer Continen- cated to a Gulf producing State each fiscal year tal Shelf activities through the funding of onshore under subparagraph (A) shall be at least 10 percent infrastructure projects. of the amounts available under subsection (a)(2)(A). ‘‘(E) Planning assistance and the administrative ‘‘(2) ALLOCATION AMONG GULF PRODUCING STATES FOR costs of complying with this section. FISCAL YEAR 2017 AND THEREAFTER.— ‘‘(2) LIMITATION.—Not more than 3 percent of ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) amounts received by a Gulf producing State or coast- and (C), effective for fiscal year 2017 and each fiscal al political subdivision under subsection (b) may be year thereafter— used for the purposes described in paragraph (1)(E). ‘‘(i) the amount made available under sub- ‘‘(e) ADMINISTRATION.—Amounts made available section (a)(2)(A) from any lease entered into with- under subsection (a)(2) shall— in the 181 Area or the 181 South Area shall be al- ‘‘(1) be made available, without further appropria- located to each Gulf producing State in amounts tion, in accordance with this section; § 1331 TITLE 43—PUBLIC LANDS Page 302

‘‘(2) remain available until expended; and ican Samoa, the United States Virgin Islands, the Com- ‘‘(3) be in addition to any amounts appropriated monwealth of the Northern Mariana Islands, and any under— other territory or possession over which the United ‘‘(A) the Outer Continental Shelf Lands Act (43 States exercises sovereignty. U.S.C. 1331 et seq.); The territorial sea of the United States henceforth ‘‘(B) the Land and Water Conservation Fund Act extends to 12 nautical miles from the baselines of the of 1965 (16 U.S.C. 460l–4 et seq.); or United States determined in accordance with inter- ‘‘(C) any other provision of law. national law. ‘‘(f) LIMITATIONS ON AMOUNT OF DISTRIBUTED QUALI- In accordance with international law, as reflected in FIED OUTER CONTINENTAL SHELF REVENUES.— the applicable provisions of the 1982 United Nations ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Convention on the Law of the Sea, within the terri- total amount of qualified outer Continental Shelf torial sea of the United States, the ships of all coun- revenues made available under subsection (a)(2) shall tries enjoy the right of innocent passage and the ships not exceed $500,000,000 for each of fiscal years 2016 and aircraft of all countries enjoy the right of transit through 2055. passage through international straits. ‘‘(2) EXPENDITURES.—For the purpose of paragraph Nothing in this Proclamation: (1), for each of fiscal years 2016 through 2055, expendi- (a) extends or otherwise alters existing Federal or tures under subsection (a)(2) shall be net of receipts State law or any jurisdiction, rights, legal interests, or from that fiscal year from any area in the 181 Area in obligations derived therefrom; or the Eastern Planning Area and the 181 South Area. (b) impairs the determination, in accordance with ‘‘(3) PRO RATA REDUCTIONS.—If paragraph (1) limits international law, of any maritime boundary of the the amount of qualified outer Continental Shelf reve- United States with a foreign jurisdiction. nue that would be paid under subparagraphs (A) and IN WITNESS WHEREOF, I have hereunto set my (B) of subsection (a)(2)— hand this 27th day of December, in the year of our Lord ‘‘(A) the Secretary shall reduce the amount of nineteen hundred and eighty-eight, and of the Inde- qualified outer Continental Shelf revenue provided pendence of the United States of America the two hun- to each recipient on a pro rata basis; and dred and thirteenth. ‘‘(B) any remainder of the qualified outer Con- RONALD REAGAN. tinental Shelf revenues shall revert to the general PROC. NO. 7219. CONTIGUOUS ZONE OF THE UNITED STATES fund of the Treasury.’’ Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, pro- 995, provided in part: ‘‘That for fiscal year 2012 and each vided: fiscal year thereafter, the term ‘qualified Outer Con- International law recognizes that coastal nations tinental Shelf revenues’, as defined in section 102(9)(A) may establish zones contiguous to their territorial of the Gulf of Mexico Energy Security Act [of 2006], seas, known as contiguous zones. [title I of] division C of Public Law 109–432 [set out The contiguous zone of the United States is a zone above], shall include only the portion of rental reve- contiguous to the territorial sea of the United States, nues that would have been collected by the Secretary in which the United States may exercise the control at the rental rates in effect before August 5, 1993.’’ necessary to prevent infringement of its customs, fis- Similar provisions were contained in the following cal, immigration, or sanitary laws and regulations appropriation act: within its territory or territorial sea, and to punish in- Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. fringement of the above laws and regulations commit- 994. ted within its territory or territorial sea. Extension of the contiguous zone of the United States NAVAL PETROLEUM RESERVE to the limits permitted by international law will ad- vance the law enforcement and public health interests Section 13 of act Aug. 7, 1953, revoked Ex. Ord. No. of the United States. Moreover, this extension is an im- 10426, Jan. 16, 1953, 18 F.R. 405, which had set aside cer- portant step in preventing the removal of cultural her- tain submerged lands as a naval petroleum reserve and itage found within 24 nautical miles of the baseline. had transferred functions with respect thereto from the NOW, THEREFORE, I, WILLIAM J. CLINTON, by the Secretary of the Interior to the Secretary of the Navy. authority vested in me as President by the Constitu- AUTHORIZATION OF APPROPRIATIONS tion of the United States, and in accordance with inter- national law, do hereby proclaim the extension of the Section 16 of act Aug. 7, 1953, provided that: ‘‘There contiguous zone of the United States of America, in- is hereby authorized to be appropriated such sums as cluding the Commonwealth of Puerto Rico, Guam, may be necessary to carry out the provisions of this American Samoa, the United States Virgin Islands, the Act [enacting this subchapter].’’ Commonwealth of the Northern Mariana Islands, and PROC. NO. 5928. TERRITORIAL SEA OF UNITED STATES any other territory or possession over which the United States exercises sovereignty, as follows: Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided: The contiguous zone of the United States extends to International law recognizes that coastal nations 24 nautical miles from the baselines of the United may exercise sovereignty and jurisdiction over their States determined in accordance with international territorial seas. law, but in no case within the territorial sea of another The territorial sea of the United States is a maritime nation. zone extending beyond the land territory and internal In accordance with international law, reflected in the waters of the United States over which the United applicable provisions of the 1982 Convention on the Law States exercises sovereignty and jurisdiction, a sov- of the Sea, within the contiguous zone of the United ereignty and jurisdiction that extend to the airspace States the ships and aircraft of all countries enjoy the over the territorial sea, as well as to its bed and sub- high seas freedoms of navigation and overflight and the soil. laying of submarine cables and pipelines, and other Extension of the territorial sea by the United States internationally lawful uses of the sea related to those to the limits permitted by international law will ad- freedoms, such as those associated with the operation vance the national security and other significant inter- of ships, aircraft, and submarine cables and pipelines, ests of the United States. and compatible with the other provisions of inter- NOW, THEREFORE, I, RONALD REAGAN, by the au- national law reflected in the 1982 Convention on the thority vested in me as President by the Constitution Law of the Sea. of the United States of America, and in accordance Nothing in this proclamation: with international law, do hereby proclaim the exten- (a) amends existing Federal or State law; sion of the territorial sea of the United States of Amer- (b) amends or otherwise alters the rights and duties ica, the Commonwealth of Puerto Rico, Guam, Amer- of the United States or other nations in the Exclusive Page 303 TITLE 43—PUBLIC LANDS § 1333

Economic Zone of the United States established by water uses, of safety, and of related develop- Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453 ment and activity should be considered and note]; or recognized; and (c) impairs the determination, in accordance with (6) operations in the outer Continental Shelf international law, of any maritime boundary of the should be conducted in a safe manner by well- United States with a foreign jurisdiction. IN WITNESS WHEREOF, I have hereunto set my trained personnel using technology, pre- hand this second day of September, in the year of our cautions, and techniques sufficient to prevent Lord nineteen hundred and ninety-nine, and of the or minimize the likelihood of blowouts, loss of Independence of the United States of America the two well control, fires, spillages, physical obstruc- hundred and twenty-fourth. tion to other users of the waters or subsoil and WILLIAM J. CLINTON. seabed, or other occurrences which may cause damage to the environment or to property, or § 1332. Congressional declaration of policy endanger life or health. It is hereby declared to be the policy of the (Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L. United States that— 95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634; (1) the subsoil and seabed of the outer Con- Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100 tinental Shelf appertain to the United States Stat. 148.) and are subject to its jurisdiction, control, and power of disposition as provided in this sub- AMENDMENTS chapter; 1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B) (2) this subchapter shall be construed in such and redesignated former subpar. (B) as (C). 1978—Pub. L. 95–372 redesignated subsecs. (a) and (b) a manner that the character of the waters as pars. (1) and (2) and added pars. (3) to (6). above the outer Continental Shelf as high seas and the right to navigation and fishing therein § 1333. Laws and regulations governing lands shall not be affected; (a) Constitution and United States laws; laws of (3) the outer Continental Shelf is a vital na- adjacent States; publication of projected tional resource reserve held by the Federal State lines; international boundary disputes; Government for the public, which should be restriction on State taxation and jurisdiction made available for expeditious and orderly de- velopment, subject to environmental safe- (1) The Constitution and laws and civil and po- guards, in a manner which is consistent with litical jurisdiction of the United States are ex- the maintenance of competition and other na- tended to the subsoil and seabed of the outer tional needs; Continental Shelf and to all artificial islands, (4) since exploration, development, and pro- and all installations and other devices perma- duction of the minerals of the outer Continen- nently or temporarily attached to the seabed, tal Shelf will have significant impacts on which may be erected thereon for the purpose of coastal and non-coastal areas of the coastal exploring for, developing, or producing resources States, and on other affected States, and, in therefrom, or any such installation or other de- recognition of the national interest in the ef- vice (other than a ship or vessel) for the purpose fective management of the marine, coastal, of transporting such resources, to the same ex- and human environments— tent as if the outer Continental Shelf were an (A) such States and their affected local area of exclusive Federal jurisdiction located governments may require assistance in pro- within a State: Provided, however, That mineral tecting their coastal zones and other af- leases on the outer Continental Shelf shall be fected areas from any temporary or perma- maintained or issued only under the provisions nent adverse effects of such impacts; of this subchapter. (2)(A) To the extent that they are applicable (B) the distribution of a portion of the re- and not inconsistent with this subchapter or ceipts from the leasing of mineral resources with other Federal laws and regulations of the of the outer Continental Shelf adjacent to Secretary now in effect or hereafter adopted, the State lands, as provided under section 1337(g) civil and criminal laws of each adjacent State, of this title, will provide affected coastal now in effect or hereafter adopted, amended, or States and localities with funds which may repealed are declared to be the law of the United be used for the mitigation of adverse eco- States for that portion of the subsoil and seabed nomic and environmental effects related to of the outer Continental Shelf, and artificial is- the development of such resources; and lands and fixed structures erected thereon, (C) such States, and through such States, which would be within the area of the State if affected local governments, are entitled to its boundaries were extended seaward to the an opportunity to participate, to the extent outer margin of the outer Continental Shelf, and consistent with the national interest, in the the President shall determine and publish in the policy and planning decisions made by the Federal Register such projected lines extending Federal Government relating to exploration seaward and defining each such area. All of such for, and development and production of, applicable laws shall be administered and en- minerals of the outer Continental Shelf.1 forced by the appropriate officers and courts of (5) the rights and responsibilities of all the United States. State taxation laws shall not States and, where appropriate, local govern- apply to the outer Continental Shelf. ments, to preserve and protect their marine, (B) Within one year after September 18, 1978, human, and coastal environments through the President shall establish procedures for such means as regulation of land, air, and setting 1 any outstanding international bound-

1 So in original. The period probably should be a semicolon. 1 So in original. Probably should be ‘‘settling’’.