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Page 297 TITLE 43—PUBLIC LANDS § 1331 § 1312. Seaward 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
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