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’’. § 1333 TITLE 43—PUBLIC LANDS Page 304 ary dispute respecting the outer Continental protection of navigation any artificial island, Shelf. installation, or other device referred to in sub- (3) The provisions of this section for adoption section (a) of this section whenever the owner of State law as the law of the United States has failed suitably to mark such island, installa- shall never be interpreted as a basis for claiming tion, or other device in accordance with regula- any interest in or jurisdiction on behalf of any tions issued under this subchapter, and the State for any purpose over the seabed and sub- owner shall pay the cost of such marking. soil of the outer Continental Shelf, or the prop- (e) Authority of Secretary of the Army to prevent erty and natural resources thereof or the reve- obstruction to navigation nues therefrom. (b) Longshore and Harbor Workers’ Compensa- The authority of the Secretary of the Army to tion Act applicable; definitions prevent obstruction to navigation in the navi- gable waters of the United States is extended to With respect to disability or death of an em- the artificial islands, installations, and other ployee resulting from any injury occurring as devices referred to in subsection (a) of this sec- the result of operations conducted on the outer tion. Continental Shelf for the purpose of exploring for, developing, removing, or transporting by (f) Provisions as nonexclusive pipeline the natural resources, or involving The specific application by this section of cer- rights to the natural resources, of the subsoil tain provisions of law to the subsoil and seabed and seabed of the outer Continental Shelf, com- of the outer Continental Shelf and the artificial pensation shall be payable under the provisions islands, installations, and other devices referred of the Longshore and Harbor Workers’ Com- to in subsection (a) of this section or to acts or pensation Act [33 U.S.C. 901 et seq.]. For the pur- offenses occurring or committed thereon shall poses of the extension of the provisions of the not give rise to any inference that the applica- Longshore and Harbor Workers’ Compensation tion to such islands and structures, acts, or of- Act under this section— fenses of any other provision of law is not in- (1) the term ‘‘employee’’ does not include a tended. master or member of a crew of any vessel, or an officer or employee of the United States or (Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L. any agency thereof or of any State or foreign 93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. government, or of any political subdivision 95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635; thereof; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. (2) the term ‘‘employer’’ means an employer 1654.) any of whose employees are employed in such REFERENCES IN TEXT operations; and (3) the term ‘‘United States’’ when used in a The Longshore and Harbor Workers’ Compensation geographical sense includes the outer Con- Act, referred to in subsec. (b), is act Mar. 4, 1927, ch. tinental Shelf and artificial islands and fixed 509, 44 Stat. 1424, as amended, which is classified gener- ally to chapter 18 (§ 901 et seq.) of Title 33, Navigation structures thereon. and Navigable Waters. For complete classification of (c) National Labor Relations Act applicable this Act to the Code, see section 901 of Title 33 and For the purposes of the National Labor Rela- Tables. tions Act, as amended [29 U.S.C. 151 et seq.], any The National Labor Relations Act, as amended, re- unfair labor practice, as defined in such Act, oc- ferred to in subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to curring upon any artificial island, installation, subchapter II (§ 151 et seq.) of chapter 7 of Title 29, or other device referred to in subsection (a) of Labor. For complete classification of this Act to the this section shall be deemed to have occurred Code, see section 167 of Title 29 and Tables. within the judicial district of the State, the laws of which apply to such artificial island, in- AMENDMENTS stallation, or other device pursuant to such sub- 1984—Subsec. (b). Pub. L. 98–426 substituted ‘‘Long- section, except that until the President deter- shore and Harbor Workers’ Compensation Act’’ for mines the areas within which such State laws ‘‘Longshoremen’s and Harbor Workers’ Compensation are applicable, the judicial district shall be that Act’’. of the State nearest the place of location of such 1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), sub- stituted ‘‘, and all installations and other devices per- artificial island, installation, or other device. manently or temporarily attached to the seabed, which (d) Coast Guard regulations; marking of artifi- may be erected thereon for the purpose of exploring for, cial islands, installations, and other devices; developing, or producing resources therefrom, or any failure of owner suitably to mark according such installation or other device (other than a ship or to regulations vessel) for the purpose of transporting such resources,’’ for ‘‘and fixed structures which may be erected thereon (1) The Secretary of the Department in which for the purpose of exploring for, developing, removing, the Coast Guard is operating shall have author- and transporting resources therefrom,’’. ity to promulgate and enforce such reasonable Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated ex- regulations with respect to lights and other isting provisions as subpar. (A) and added subpar. (B). warning devices, safety equipment, and other Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated matters relating to the promotion of safety of subsec. (c) as (b) and substituted ‘‘conducted on the life and property on the artificial islands, instal- outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline lations, and other devices referred to in sub- the natural resources, or involving rights to the natu- section (a) of this section or on the waters adja- ral resources, of the subsoil and seabed of the outer cent thereto, as he may deem necessary. Continental Shelf,’’ for ‘‘described in subsection (b) of (2) The Secretary of the Department in which this section,’’. Former subsec. (b), relating to the juris- the Coast Guard is operating may mark for the diction of United States district courts over cases and Page 305 TITLE 43—PUBLIC LANDS § 1334 controversies arising out of or in connection with oper- regulations as he determines to be necessary ations conducted on the outer Continental Shelf, was and proper in order to provide for the prevention struck out. See section 1349(b) of this title. of waste and conservation of the natural re- Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated sources of the outer Continental Shelf, and the subsec. (d) as (c) and substituted ‘‘artificial island, in- stallation, or other device referred to in subsection (a) protection of correlative rights therein, and, of this section shall be deemed to have occurred within notwithstanding any other provisions herein, the judicial district of the State, the laws of which such rules and regulations shall, as of their ef- apply to such artificial island, installation, or other de- fective date, apply to all operations conducted vice pursuant to such subsection, except that until the under a lease issued or maintained under the President determines the areas within such State laws provisions of this subchapter. In the enforce- are applicable, the judicial district shall be that of the ment of safety, environmental, and conservation State nearest the place of location of such artificial is- laws and regulations, the Secretary shall co- land, installation, or other device’’ for ‘‘artificial is- operate with the relevant departments and land or fixed structure referred to in subsection (a) of this section shall be deemed to have occurred within agencies of the Federal Government and of the the judicial district of the adjacent State nearest the affected States. In the formulation and promul- place of location of such island or structure’’. Former gation of regulations, the Secretary shall re- subsec. (c) redesignated (b). quest and give due consideration to the views of Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redes- the Attorney General with respect to matters ignated subsec. (e)(1) as (d)(1), substituted ‘‘Secretary’’ which may affect competition. In considering for ‘‘head’’ and ‘‘artificial islands, installations, and any regulations and in preparing any such other devices’’ for ‘‘islands and structures’’. Former views, the Attorney General shall consult with subsec. (d) redesignated (c). Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated the Federal Trade Commission. The regulations subsec. (e)(2) as (d)(2) and substituted ‘‘Secretary’’ for prescribed by the Secretary under this sub- ‘‘head’’ and ‘‘artificial island, installation, or other de- section shall include, but not be limited to, pro- vice referred to in subsection (a) of this section when- visions— ever the owner has failed suitably to mark such island, (1) for the suspension or temporary prohibi- installation, or other device in accordance with regula- tion of any operation or activity, including tions issued under this subchapter, and the owner shall production, pursuant to any lease or permit pay the cost of such marking’’ for ‘‘such island or (A) at the request of a lessee, in the national structure whenever the owner has failed suitably to interest, to facilitate proper development of a mark the same in accordance with regulations issued hereunder, and the owner shall pay the cost thereof’’, lease or to allow for the construction or nego- and struck out provisions which had made failure or re- tiation for use of transportation facilities, or fusal to obey any lawful rules and regulations a mis- (B) if there is a threat of serious, irreparable, demeanor punishable by a fine of not more than $100, or immediate harm or damage to life (includ- with each day during which such a violation would con- ing fish and other aquatic life), to property, to tinue to be deemed a new offense. Former subsec. (d) any mineral deposits (in areas leased or not redesignated (c). leased), or to the marine, coastal, or human Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated subsec. (f) as (e) and substituted ‘‘the artificial islands, environment, and for the extension of any per- installations, and other devices referred to in sub- mit or lease affected by suspension or prohibi- section (a) of this section’’ for ‘‘artificial islands and tion under clause (A) or (B) by a period equiva- fixed structures located on the outer Continental lent to the period of such suspension or prohi- Shelf’’. Former subsec. (e) redesignated (d). bition, except that no permit or lease shall be Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesig- so extended when such suspension or prohibi- nated subsec. (g) as (f) and substituted ‘‘the artificial tion is the result of gross negligence or willful islands, installations, and other devices’’ for ‘‘the arti- violation of such lease or permit, or of regula- ficial islands and fixed structures’’. Former subsec. (f) redesignated (e). tions issued with respect to such lease or per- 1975—Subsec. (a)(2). Pub. L. 93–627 substituted ‘‘now mit; in effect or hereafter adopted, amended, or repealed’’ (2) with respect to cancellation of any lease for ‘‘as of the effective date of this Act’’ in first sen- or permit— tence. (A) that such cancellation may occur at any time, if the Secretary determines, after TRANSFER OF FUNCTIONS a hearing, that— For transfer of authorities, functions, personnel, and (i) continued activity pursuant to such assets of the Coast Guard, including the authorities lease or permit would probably cause seri- and functions of the Secretary of Transportation relat- ous harm or damage to life (including fish ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections and other aquatic life), to property, to any 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- mineral (in areas leased or not leased), to rity, and the Department of Homeland Security Reor- the national security or defense, or to the ganization Plan of November 25, 2002, as modified, set marine, coastal, or human environment; out as a note under section 542 of Title 6. (ii) the threat of harm or damage will not disappear or decrease to an acceptable § 1334. Administration of leasing extent within a reasonable period of time; (a) Rules and regulations; amendment; coopera- and tion with State agencies; subject matter and (iii) the advantages of cancellation out- scope of regulations weigh the advantages of continuing such The Secretary shall administer the provisions lease or permit force; of this subchapter relating to the leasing of the (B) that such cancellation shall not occur outer Continental Shelf, and shall prescribe unless and until operations under such lease such rules and regulations as may be necessary or permit shall have been under suspension, to carry out such provisions. The Secretary may or temporary prohibition, by the Secretary, at any time prescribe and amend such rules and with due extension of any lease or permit § 1334 TITLE 43—PUBLIC LANDS Page 306

term continuously for a period of five years, if such default continues for the period of thirty or for a lesser period upon request of the les- days after mailing of notice by registered letter see; to the lease owner at his record post office ad- (C) that such cancellation shall entitle the dress. lessee to receive such compensation as he (d) Cancellation of producing lease shows to the Secretary as being equal to the Whenever the owner of any producing lease lesser of (i) the fair value of the canceled fails to comply with any of the provisions of this rights as of the date of cancellation, taking subchapter, of the lease, or of the regulations is- account of both anticipated revenues from sued under this subchapter, such lease may be the lease and anticipated costs, including forfeited and canceled by an appropriate pro- costs of compliance with all applicable regu- ceeding in any United States district court hav- lations and operating orders, liability for ing jurisdiction under the provisions of this sub- cleanup costs or damages, or both, in the chapter. case of an oilspill, and all other costs rea- sonably anticipated on the lease, or (ii) the (e) Pipeline rights-of-way; forfeiture of grant excess, if any, over the lessee’s revenues, Rights-of-way through the submerged lands of from the lease (plus interest thereon from the outer Continental Shelf, whether or not such the date of receipt to date of reimburse- lands are included in a lease maintained or is- ment) of all consideration paid for the lease sued pursuant to this subchapter, may be grant- and all direct expenditures made by the les- ed by the Secretary for pipeline purposes for the see after the date of issuance of such lease transportation of oil, natural gas, sulphur, or and in connection with exploration or devel- other minerals, or under such regulations and opment, or both, pursuant to the lease (plus upon such conditions as may be prescribed by interest on such consideration and such ex- the Secretary, or where appropriate the Sec- penditures from date of payment to date of retary of Transportation, including (as provided reimbursement), except that (I) with respect in section 1347(b) of this title) assuring maxi- to leases issued before September 18, 1978, mum environmental protection by utilization of such compensation shall be equal to the the best available and safest technologies, in- amount specified in clause (i) of this sub- cluding the safest practices for pipeline burial paragraph; and (II) in the case of joint leases and upon the express condition that oil or gas which are canceled due to the failure of one pipelines shall transport or purchase without or more partners to exercise due diligence, discrimination, oil or natural gas produced from the innocent parties shall have the right to submerged lands or outer Continental Shelf seek damages for such loss from the respon- lands in the vicinity of the pipelines in such pro- sible party or parties and the right to ac- portionate amounts as the Federal Energy Reg- quire the interests of the negligent party or ulatory Commission, in consultation with the parties and be issued the lease in question; Secretary of Energy, may, after a full hearing (3) for the assignment or relinquishment of a with due notice thereof to the interested par- lease; ties, determine to be reasonable, taking into ac- (4) for unitization, pooling, and drilling count, among other things, conservation and the agreements; prevention of waste. Failure to comply with the (5) for the subsurface storage of oil and gas provisions of this section or the regulations and from any source other than by the Federal conditions prescribed under this section shall be Government; grounds for forfeiture of the grant in an appro- (6) for drilling or easements necessary for priate judicial proceeding instituted by the exploration, development, and production; United States in any United States district (7) for the prompt and efficient exploration court having jurisdiction under the provisions of and development of a lease area; and this subchapter. (8) for compliance with the national ambient (f) Competitive principles governing pipeline op- air quality standards pursuant to the Clean eration Air Act (42 U.S.C. 7401 et seq.), to the extent (1) Except as provided in paragraph (2), every that activities authorized under this sub- permit, license, easement, right-of-way, or other chapter significantly affect the air quality of grant of authority for the transportation by any State. pipeline on or across the outer Continental Shelf (b) Compliance with regulations as condition for of oil or gas shall require that the pipeline be issuance, continuation, assignment, or other operated in accordance with the following com- transfer of leases petitive principles: The issuance and continuance in effect of any (A) The pipeline must provide open and non- lease, or of any assignment or other transfer of discriminatory access to both owner and non- any lease, under the provisions of this sub- owner shippers. chapter shall be conditioned upon compliance (B) Upon the specific request of one or more with regulations issued under this subchapter. owner or nonowner shippers able to provide a guaranteed level of throughput, and on the (c) Cancellation of nonproducing lease condition that the shipper or shippers request- Whenever the owner of a nonproducing lease ing such expansion shall be responsible for fails to comply with any of the provisions of this bearing their proportionate share of the costs subchapter, or of the lease, or of the regulations and risks related thereto, the Federal Energy issued under this subchapter, such lease may be Regulatory Commission may, upon finding, canceled by the Secretary, subject to the right after a full hearing with due notice thereof to of judicial review as provided in this subchapter, the interested parties, that such expansion is Page 307 TITLE 43—PUBLIC LANDS § 1334

within technological limits and economic fea- ral gas from any well unless the Secretary finds sibility, order a subsequent expansion of that there is no practicable way to complete throughput capacity of any pipeline for which production of such gas, or that such flaring is the permit, license, easement, right-of-way, or necessary to alleviate a temporary emergency other grant of authority is approved or issued situation or to conduct testing or work-over op- after September 18, 1978. This subparapraph 1 erations. shall not apply to any such grant of authority (j) Cooperative development of common hydro- approved or issued for the Gulf of Mexico or carbon-bearing areas the Santa Barbara Channel. (1) Findings (2) The Federal Energy Regulatory Commis- (A) 3 The Congress of the United States finds sion may, by order or regulation, exempt from that the unrestrained competitive production any or all of the requirements of paragraph (1) of hydrocarbons from a common hydrocarbon- of this subsection any pipeline or class of pipe- bearing geological area underlying the Federal lines which feeds into a facility where oil and and State boundary may result in a number of gas are first collected or a facility where oil and harmful national effects, including— gas are first separated, dehydrated, or otherwise (i) the drilling of unnecessary wells, the processed. installation of unnecessary facilities and (3) The Secretary of Energy and the Federal other imprudent operating practices that re- Energy Regulatory Commission shall consult sult in economic waste, environmental dam- with and give due consideration to the views of age, and damage to life and property; the Attorney General on specific conditions to (ii) the physical waste of hydrocarbons and be included in any permit, license, easement, an unnecessary reduction in the amounts of right-of-way, or grant of authority in order to hydrocarbons that can be produced from cer- ensure that pipelines are operated in accordance tain hydrocarbon-bearing areas; and with the competitive principles set forth in (iii) the loss of correlative rights which paragraph (1) of this subsection. In preparing can result in the reduced value of national any such views, the Attorney General shall con- hydrocarbon resources and disorders in the sult with the Federal Trade Commission. leasing of Federal and State resources. (4) Nothing in this subsection shall be deemed to limit, abridge, or modify any authority of the (2) Prevention of harmful effects United States under any other provision of law The Secretary shall prevent, through the co- with respect to pipelines on or across the outer operative development of an area, the harmful Continental Shelf. effects of unrestrained competitive production (g) Rates of production of hydrocarbons from a common hydrocarbon- bearing area underlying the Federal and State (1) The leasee 2 shall produce any oil or gas, or boundary. both, obtained pursuant to an approved develop- ment and production plan, at rates consistent (Aug. 7, 1953, ch. 345, § 5, 67 Stat. 464; Pub. L. with any rule or order issued by the President in 95–372, title II, § 204, Sept. 18, 1978, 92 Stat. 636; accordance with any provision of law. Pub. L. 101–380, title VI, § 6004(a), Aug. 18, 1990, (2) If no rule or order referred to in paragraph 104 Stat. 558; Pub. L. 109–58, title III, § 321(a), (1) has been issued, the lessee shall produce such Aug. 8, 2005, 119 Stat. 694.) oil or gas, or both, at rates consistent with any REFERENCES IN TEXT regulation promulgated by the Secretary of En- ergy which is to assure the maximum rate of The Clean Air Act, referred to in subsec. (a)(8), is act production which may be sustained without loss July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title of ultimate recovery of oil or gas, or both, under 42, The Public Health and Welfare. For complete classi- sound engineering and economic principles, and fication of this Act to the Code, see Short Title note which is safe for the duration of the activity set out under section 7401 of Title 42 and Tables. covered by the approved plan. The Secretary may permit the lessee to vary such rates if he AMENDMENTS finds that such variance is necessary. 2005—Subsec. (a)(5). Pub. L. 109–58 inserted ‘‘from any (h) Federal action affecting outer Continental source’’ after ‘‘oil and gas’’. 1990—Subsec. (j). Pub. L. 101–380 added subsec. (j). Shelf; notification; recommended changes 1978—Subsec. (a). Pub. L. 95–372 expanded provisions The head of any Federal department or agency formerly contained in subsec. (a)(1) so as to include the who takes any action which has a direct and sig- enforcement of safety and environmental laws and reg- nificant effect on the outer Continental Shelf or ulations, consultation with the Attorney General and its development shall promptly notify the Sec- the Federal Trade Commission, and regulations for the retary of such action and the Secretary shall suspension or temporary prohibition of any operation or activity including production, the cancellation of thereafter notify the Governor of any affected leases or permits, the prompt and efficient exploration State and the Secretary may thereafter rec- and development of a lease area, and compliance with ommend such changes in such action as are con- the national ambient air quality standards to the ex- sidered appropriate. tent that activities authorized significantly affect the (i) Flaring of natural gas air quality of any State. Subsec. (b). Pub. L. 95–372 redesignated as subsec. (b) After September 18, 1978, no holder of any oil provisions formerly contained in subsec. (a)(2) condi- and gas lease issued or maintained pursuant to tioning the issuance and continuation of leases or of as- this subchapter shall be permitted to flare natu- signments or other transfers of leases upon compliance with regulations, and struck out provisions that had 1 So in original. Probably should be ‘‘subparagraph’’. 2 So in original. Probably should be ‘‘lessee’’. 3 So in original. No subpar. (B) has been enacted. § 1335 TITLE 43—PUBLIC LANDS Page 308 set a penalty of a fine of not more than $2,000 or impris- the outer Continental Shelf issued by any State onment for not more than six months or both for the (including any extension, renewal, or replace- knowing and willful violation of rules or regulations ment thereof heretofore granted pursuant to promulgated by the Secretary. See section 1350 of this title. such lease or under the laws of such State) if— Subsec. (c). Pub. L. 95–372 redesignated as subsec. (c) (1) such lease, or a true copy thereof, is filed provisions formerly contained in subsec. (b)(1) covering with the Secretary by the lessee or his duly the cancellation of nonproducing leases for failure of authorized agent within ninety days from Au- the owner to comply with any of the provisions of this gust 7, 1953, or within such further period or subchapter, or of the lease, or of the regulations issued periods as provided in section 1336 of this title under this subchapter. Subsec. (d). Pub. L. 95–372 redesignated as subsec. (d) or as may be fixed from time to time by the provisions formerly contained in subsec. (b)(2) covering Secretary; the cancellation and forfeiture of producing leases for (2) such lease was issued prior to December failure of the owner to comply with any of the provi- 21, 1948, and would have been on June 5, 1950, sions of this subchapter, the lease, or regulations pro- in force and effect in accordance with its mulgated under this subchapter. terms and provisions and the law of the State Subsec. (e). Pub. L. 95–372 redesignated as subsec. (e) provisions formerly contained in subsec. (c) relating to issuing it had the State had the authority to pipeline rights-of-way and inserted provisions relating issue such lease; to regulations prescribed by the Secretary of Transpor- (3) there is filed with the Secretary, within tation and assurances of maximum environmental pro- the period or periods specified in paragraph (1) tection through the use of the best available and safest of this subsection, (A) a certificate issued by technologies including the safest practices for pipeline the State official or agency having jurisdic- burial, and substituted references to the Federal En- tion over such lease stating that it would have ergy Regulatory Commission and the Secretary of En- been in force and effect as required by the pro- ergy for existing references to the Federal Power Com- mission and the Interstate Commerce Commission. visions of paragraph (2) of this subsection, or Subsecs. (f) to (i). Pub. L. 95–372 added subsecs. (f) to (B) in the absence of such certificate, evidence (i). in the form of affidavits, receipts, canceled checks, or other documents that may be re- EFFECTIVE DATE OF 1990 AMENDMENT quired by the Secretary, sufficient to prove Amendment by Pub. L. 101–380 applicable to incidents that such lease would have been so in force occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section and effect; 2701 of Title 33, Navigation and Navigable Waters. (4) except as otherwise provided in section 1336 of this title hereof, all rents, royalties, TRANSFER OF FUNCTIONS and other sums payable under such lease be- Functions vested in, or delegated to, Secretary of En- tween June 5, 1950, and August 7, 1953, which ergy and Department of Energy under or with respect have not been paid in accordance with the pro- to subsec. (g)(2) of this section, transferred to, and vest- visions thereof, or to the Secretary or to the ed in, Secretary of the Interior, by section 100 of Pub. Secretary of the Navy, are paid to the Sec- L. 97–257, 96 Stat. 841, set out as a note under section 7152 of Title 42, The Public Health and Welfare. retary within the period or periods specified in Functions of Secretary of the Interior to promulgate paragraph (1) of this subsection, and all rents, regulations under this subchapter which relate to fos- royalties, and other sums payable under such tering of competition for Federal leases, implementa- lease after August 7, 1953, are paid to the Sec- tion of alternative bidding systems authorized for retary, who shall deposit such payments in the award of Federal leases, establishment of diligence re- Treasury in accordance with section 1338 of quirements for operations conducted on Federal leases, this title; setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for ac- (5) the holder of such lease certifies that quisition and disposition of Federal royalty interests such lease shall continue to be subject to the taken in kind, transferred to Secretary of Energy by overriding royalty obligations existing on Au- section 7152(b) of Title 42. Section 7152(b) of Title 42 was gust 7, 1953; repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 (6) such lease was not obtained by fraud or Stat. 1407, and functions of Secretary of Energy re- misrepresentation; turned to Secretary of the Interior. See House Report (7) such lease, if issued on or after June 23, No. 97–315, pp. 25, 26, Nov. 5, 1981. 1947, was issued upon the basis of competitive WEST DELTA FIELD bidding; Section 6004(b) of Pub. L. 101–380 provided that: ‘‘Sec- (8) such lease provides for a royalty to the tion 5(j) of the Outer Continental Shelf Lands Act [43 lessor on oil and gas of not less than 121⁄2 per U.S.C. 1334(j)], as added by this section, shall not be ap- centum and on sulphur of not less than 5 per plicable with respect to Blocks 17 and 18 of the West centum in amount or value of the production Delta Field offshore Louisiana.’’ saved, removed, or sold from the lease, or, in KEY LARGO CORAL REEF PRESERVE any case in which the lease provides for a less- Secretary of the Interior to prescribe rules and regu- er royalty, the holder thereof consents in writ- lations governing the protection and conservation of ing, filed with the Secretary, to the increase the coral and other mineral resources in the area des- of the royalty to the minimum herein speci- ignated Key Largo Coral Reef Preserve, see Proc. No. fied; 3339, Mar. 15, 1960, 25 F.R. 2352, set out as a note under (9) the holder thereof pays to the Secretary section 461 of Title 16, Conservation. within the period or periods specified in para- § 1335. Validation and maintenance of prior graph (1) of this subsection an amount equiva- leases lent to any severance, gross production, or oc- cupation taxes imposed by the State issuing (a) Requirements for validation the lease on the production from the lease, The provisions of this section shall apply to less the State’s royalty interest in such pro- any mineral lease covering submerged lands of duction, between June 5, 1950, and August 7, Page 309 TITLE 43—PUBLIC LANDS § 1336

1953 and not heretofore paid to the State, and That, if the primary term of a lease being main- thereafter pays to the Secretary as an addi- tained under this subsection has expired prior to tional royalty on the production from the August 7, 1953 and oil or gas is being produced in lease, less the United States’ royalty interest paying quantities on such date, then such rights in such production, a sum of money equal to to sulphur as the lessee may have under such the amount of the severance, gross production, lease shall continue for twenty-four months or occupation taxes which would have been from August 7, 1953 and as long thereafter as sul- payable on such production to the State issu- phur is produced in paying quantities, or drill- ing the lease under its laws as they existed on ing, well working, plant construction, or other August 7, 1953; operations for the production of sulphur, as ap- (10) such lease will terminate within a period proved by the Secretary, are being conducted on of not more than five years from August 7, 1953 the area covered by the lease. in the absence of production or operations for (c) Nonwaiver of United States claims drilling, or, in any case in which the lease pro- The permission granted in subsection (b) of vides for a longer period, the holder thereof this section shall not be construed to be a waiv- consents in writing, filed with the Secretary, er of such claims, if any, as the United States to the reduction of such period so that it will may have against the lessor or the lessee or any not exceed the maximum period herein speci- other person respecting sums payable or paid for fied; and or under the lease, or respecting activities con- (11) the holder of such lease furnishes such ducted under the lease, prior to August 7, 1953. surety bond, if any, as the Secretary may re- quire and complies with such other reasonable (d) Judicial review of determination requirements as the Secretary may deem nec- Any person complaining of a negative deter- essary to protect the interests of the United mination by the Secretary of the Interior under States. this section may have such determination re- (b) Conduct of operations under lease; sulphur viewed by the United States District Court for rights the District of Columbia by filing a petition for review within sixty days after receiving notice Any person holding a mineral lease, which as of such action by the Secretary. determined by the Secretary meets the require- ments of subsection (a) of this section, may con- (e) Lands beneath navigable waters tinue to maintain such lease, and may conduct In the event any lease maintained under this operations thereunder, in accordance with (1) its section covers lands beneath navigable waters, provisions as to the area, the minerals covered, as that term is used in the Submerged Lands rentals and, subject to the provisions of para- Act [43 U.S.C. 1301 et seq.], as well as lands of graphs (8)–(10) of subsection (a) of this section, the outer Continental Shelf, the provisions of as to royalties and as to the term thereof and of this section shall apply to such lease only inso- any extensions, renewals, or replacements au- far as it covers lands of the outer Continental thorized therein or heretofore authorized by the Shelf. laws of the State issuing such lease, or, if oil or (Aug. 7, 1953, ch. 345, § 6, 67 Stat. 465.) gas was not being produced in paying quantities from such lease on or before December 11, 1950, REFERENCES IN TEXT or if production in paying quantities has ceased The Submerged Lands Act, referred to in subsec. (e), since June 5, 1950, or if the primary term of such is act May 22, 1953, ch. 65, 67 Stat. 29, which is classified lease has expired since December 11, 1950, then generally to subchapters I (§ 1301 et seq.) and II (§ 1311 for a term from August 7, 1953 equal to the term et seq.) of this chapter. For complete classification of remaining unexpired on December 11, 1950, under this Act to the Code, see Short Title note set out under the provisions of such lease or any extensions, section 1301 of this title and Tables. renewals, or replacements authorized therein, or TRANSFER OF FUNCTIONS heretofore authorized by the laws of such State, Functions of Secretary of the Interior to promulgate and (2) such regulations as the Secretary may regulations under this subchapter which relate to fos- under section 1334 of this title prescribe within tering of competition for Federal leases, implementa- ninety days after making his determination tion of alternative bidding systems authorized for that such lease meets the requirements of sub- award of Federal leases, establishment of diligence re- section (a) of this section: Provided, however, quirements for operations conducted on Federal leases, That any rights to sulphur under any lease setting of rates for production of Federal leases, and maintained under the provisions of this sub- specifying of procedures, terms, and conditions for ac- section shall not extend beyond the primary quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by term of such lease or any extension thereof section 7152(b) of Title 42, The Public Health and Wel- under the provisions of this subsection unless fare. Section 7152(b) of Title 42 was repealed by Pub. L. sulphur is being produced in paying quantities 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- or drilling, well reworking, plant construction, tions of Secretary of Energy returned to Secretary of or other operations for the production of sul- the Interior. See House Report No. 97–315, pp. 25, 26, phur, as approved by the Secretary, are being Nov. 5, 1981. conducted on the area covered by such lease on § 1336. Controversies over jurisdiction; agree- the date of expiration of such primary term or ments; payments; final settlement or adju- extension: Provided further, That if sulphur is dication; approval of notice concerning oil being produced in paying quantities on such and gas operations in Gulf of Mexico date, then such rights shall continue to be main- tained in accordance with such lease and the In the event of a controversy between the provisions of this subchapter: Provided further, United States and a State as to whether or not § 1337 TITLE 43—PUBLIC LANDS Page 310 lands are subject to the provisions of this sub- by competitive bidding, under regulations pro- chapter, the Secretary is authorized, notwith- mulgated in advance, any oil and gas lease on standing the provisions of section 1335(a) and (b) submerged lands of the outer Continental Shelf of this title and with the concurrence of the At- which are not covered by leases meeting the re- torney General of the United States, to nego- quirements of subsection (a) of section 1335 of tiate and enter into agreements with the State, this title. Such regulations may provide for the its political subdivision or grantee or a lessee deposit of cash bids in an interest-bearing ac- thereof, respecting operations under existing count until the Secretary announces his deci- mineral leases and payment and impounding of sion on whether to accept the bids, with the in- rents, royalties, and other sums payable there- terest earned thereon to be paid to the Treasury under, or with the State, its political subdivi- as to bids that are accepted and to the unsuc- sion or grantee, respecting the issuance or non- cessful bidders as to bids that are rejected. The issuance of new mineral leases pending the set- bidding shall be by sealed bid and, at the discre- tlement or adjudication of the controversy. The tion of the Secretary, on the basis of— authorization contained in the preceding sen- (A) cash bonus bid with a royalty at not less tence of this section shall not be construed to be than 121⁄2 per centum fixed by the Secretary in a limitation upon the authority conferred on the amount or value of the production saved, re- Secretary in other sections of this subchapter. moved, or sold; Payments made pursuant to such agreement, or (B) variable royalty bid based on a per cen- pursuant to any stipulation between the United tum in amount or value of the production States and a State, shall be considered as com- saved, removed, or sold, with either a fixed pliance with section 1335(a)(4) of this title. Upon work commitment based on dollar amount for the termination of such agreement or stipula- exploration or a fixed cash bonus as deter- tion by reason of the final settlement or adju- mined by the Secretary, or both; dication of such controversy, if the lands subject (C) cash bonus bid, or work commitment bid to any mineral lease are determined to be in based on a dollar amount for exploration with whole or in part lands subject to the provisions a fixed cash bonus, and a diminishing or slid- of this subchapter, the lessee, if he has not al- ing royalty based on such formulae as the Sec- ready done so, shall comply with the require- retary shall determine as equitable to encour- ments of section 1335(a) of this title, and there- age continued production from the lease area upon the provisions of section 1335(b) of this as resources diminish, but not less than 121⁄2 title shall govern such lease. The notice con- per centum at the beginning of the lease pe- cerning ‘‘Oil and Gas Operations in the Sub- riod in amount or value of the production merged Coastal Lands of the Gulf of Mexico’’ is- saved, removed, or sold; sued by the Secretary on December 11, 1950 (15 (D) cash bonus bid with a fixed share of the F.R. 8835), as amended by the notice dated Janu- net profits of no less than 30 per centum to be ary 26, 1951 (16 F.R. 953), and as supplemented by derived from the production of oil and gas the notices dated February 2, 1951 (16 F.R. 1203), from the lease area; March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. (E) fixed cash bonus with the net profit 3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 share reserved as the bid variable; (16 F.R. 8720), October 24, 1951 (16 F.R. 10998), De- (F) cash bonus bid with a royalty at no less cember 21, 1951 (17 F.R. 43), March 25, 1952 (17 than 121⁄2 per centum fixed by the Secretary in F.R. 2821), June 26, 1952 (17 F.R. 5833), and De- amount or value of the production saved, re- cember 24, 1952 (18 F.R. 48), respectively, is ap- moved, or sold and a fixed per centum share of proved and confirmed. net profits of no less than 30 per centum to be (Aug. 7, 1953, ch. 345, § 7, 67 Stat. 467.) derived from the production of oil and gas from the lease area; TRANSFER OF FUNCTIONS (G) work commitment bid based on a dollar Functions of Secretary of the Interior to promulgate amount for exploration with a fixed cash regulations under this subchapter which relate to fos- bonus and a fixed royalty in amount or value tering of competition for Federal leases, implementa- of the production saved, removed, or sold; tion of alternative bidding systems authorized for (H) cash bonus bid with royalty at no less award of Federal leases, establishment of diligence re- 1 quirements for operations conducted on Federal leases, than 12 and ⁄2 per centum fixed by the Sec- setting of rates for production of Federal leases, and retary in amount or value of production saved, specifying of procedures, terms, and conditions for ac- removed, or sold, and with suspension of royal- quisition and disposition of Federal royalty interests ties for a period, volume, or value of produc- taken in kind, transferred to Secretary of Energy by tion determined by the Secretary, which sus- section 7152(b) of Title 42, The Public Health and Wel- pensions may vary based on the price of pro- fare. Section 7152(b) of Title 42 was repealed by Pub. L. duction from the lease; or 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- (I) subject to the requirements of paragraph tions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, (4) of this subsection, any modification of bid- Nov. 5, 1981. ding systems authorized in subparagraphs (A) through (G), or any other systems of bid vari- § 1337. Leases, easements, and rights-of-way on ables, terms, and conditions which the Sec- the outer Continental Shelf retary determines to be useful to accomplish (a) Oil and gas leases; award to highest respon- the purposes and policies of this subchapter, sible qualified bidder; method of bidding; except that no such bidding system or modi- royalty relief; Congressional consideration of fication shall have more than one bid variable. bidding system; notice (2) The Secretary may, in his discretion, defer (1) The Secretary is authorized to grant to the any part of the payment of the cash bonus, as highest responsible qualified bidder or bidders authorized in paragraph (1) of this subsection, Page 311 TITLE 43—PUBLIC LANDS § 1337 according to a schedule announced at the time unit on which no royalties would be due in order of the announcement of the lease sale, but such to make such new production economically via- payment shall be made in total no later than ble; except that for new production as defined in five years after the date of the lease sale. clause (iv)(I), in no case will that volume be less (3)(A) The Secretary may, in order to promote than 17.5 million barrels of oil equivalent in increased production on the lease area, through water depths of 200 to 400 meters, 52.5 million direct, secondary, or tertiary recovery means, barrels of oil equivalent in 400–800 meters of reduce or eliminate any royalty or net profit water, and 87.5 million barrels of oil equivalent share set forth in the lease for such area. in water depths greater than 800 meters. Rede- (B) In the Western and Central Planning Areas termination of the applicability of clause (i) of the Gulf of Mexico and the portion of the shall be undertaken by the Secretary when re- Eastern Planning Area of the Gulf of Mexico en- quested by the lessee prior to the commence- compassing whole lease blocks lying west of 87 ment of the new production and upon significant degrees, 30 minutes West longitude and in the change in the factors upon which the original Planning Areas offshore Alaska, the Secretary determination was made. The Secretary shall may, in order to— make such redetermination within 120 days of (i) promote development or increased pro- submission of a complete application. The Sec- duction on producing or non-producing leases; retary may extend the time period for making or any determination or redetermination under (ii) encourage production of marginal re- this clause for 30 days, or longer if agreed to by sources on producing or non-producing leases; the applicant, if circumstances so warrant. The through primary, secondary, or tertiary recov- lessee shall be notified in writing of any deter- ery means, reduce or eliminate any royalty or mination or redetermination and the reasons for net profit share set forth in the lease(s). With and assumptions used for such determination. the lessee’s consent, the Secretary may make Any determination or redetermination under other modifications to the royalty or net profit this clause shall be a final agency action. The share terms of the lease in order to achieve Secretary’s determination or redetermination these purposes. shall be judicially reviewable under section 702 (C)(i) Notwithstanding the provisions of this of title 5, only for actions filed within 30 days of subchapter other than this subparagraph, with the Secretary’s determination or redetermina- respect to any lease or unit in existence on No- tion. vember 28, 1995, meeting the requirements of (iii) In the event that the Secretary fails to this subparagraph, no royalty payments shall be make the determination or redetermination due on new production, as defined in clause (iv) called for in clause (ii) upon application by the of this subparagraph, from any lease or unit lo- lessee within the time period, together with any cated in water depths of 200 meters or greater in extension thereof, provided for by clause (ii), no the Western and Central Planning Areas of the royalty payments shall be due on new produc- Gulf of Mexico, including that portion of the tion as follows: Eastern Planning Area of the Gulf of Mexico en- (I) For new production, as defined in clause compassing whole lease blocks lying west of 87 (iv)(I) of this subparagraph, no royalty shall degrees, 30 minutes West longitude, until such be due on such production according to the volume of production as determined pursuant to schedule of minimum volumes specified in clause (ii) has been produced by the lessee. clause (ii) of this subparagraph. (ii) Upon submission of a complete application (II) For new production, as defined in clause by the lessee, the Secretary shall determine (iv)(II) of this subparagraph, no royalty shall within 180 days of such application whether new be due on such production for one year follow- production from such lease or unit would be eco- ing the start of such production. nomic in the absence of the relief from the re- quirement to pay royalties provided for by (iv) For purposes of this subparagraph, the clause (i) of this subparagraph. In making such term ‘‘new production’’ is— (I) any production from a lease from which determination, the Secretary shall consider the no royalties are due on production, other than increased technological and financial risk of test production, prior to November 28, 1995; or deep water development and all costs associated (II) any production resulting from lease de- with exploring, developing, and producing from velopment activities pursuant to a Develop- the lease. The lessee shall provide information ment Operations Coordination Document, or required for a complete application to the Sec- supplement thereto that would expand produc- retary prior to such determination. The Sec- tion significantly beyond the level anticipated retary shall clearly define the information re- in the Development Operations Coordination quired for a complete application under this sec- Document, approved by the Secretary after tion. Such application may be made on the basis November 28, 1995. of an individual lease or unit. If the Secretary determines that such new production would be (v) During the production of volumes deter- economic in the absence of the relief from the mined pursuant to clauses 1 (ii) or (iii) of this requirement to pay royalties provided for by subparagraph, in any year during which the clause (i) of this subparagraph, the provisions of arithmetic average of the closing prices on the clause (i) shall not apply to such production. If New York Mercantile Exchange for light sweet the Secretary determines that such new produc- crude oil exceeds $28.00 per barrel, any produc- tion would not be economic in the absence of the tion of oil will be subject to royalties at the relief from the requirement to pay royalties pro- lease stipulated royalty rate. Any production vided for by clause (i), the Secretary must deter- mine the volume of production from the lease or 1 So in original. Probably should be ‘‘clause’’. § 1337 TITLE 43—PUBLIC LANDS Page 312 subject to this clause shall be counted toward its referral, it shall be in order to move either to the production volume determined pursuant to discharge the committee from further consider- clause (ii) or (iii). Estimated royalty payments ation of the resolution or to discharge the com- will be made if such average of the closing prices mittee from further consideration of any other for the previous year exceeds $28.00. After the resolution with respect to the same bidding sys- end of the calendar year, when the new average tem which has been referred to the committee. price can be calculated, lessees will pay any roy- (E) A motion to discharge may be made only alties due, with interest but without penalty, or by an individual favoring the resolution, shall can apply for a refund, with interest, of any be highly privileged (except that it may not be overpayment. made after the committee has reported a resolu- (vi) During the production of volumes deter- tion with respect to the same recommendation), mined pursuant to clause (ii) or (iii) of this sub- and debate thereon shall be limited to not more paragraph, in any year during which the arith- than one hour, to be divided equally between metic average of the closing prices on the New those favoring and those opposing the resolu- York Mercantile Exchange for natural gas ex- tion. An amendment to the motion shall not be ceeds $3.50 per million British thermal units, in order, and it shall not be in order to move to any production of natural gas will be subject to reconsider the vote by which the motion is royalties at the lease stipulated royalty rate. agreed to or disagreed to. Any production subject to this clause shall be (F) If the motion to discharge is agreed to or counted toward the production volume deter- disagreed to, the motion may not be renewed, mined pursuant to clauses 1 (ii) or (iii). Esti- nor may another motion to discharge the com- mated royalty payments will be made if such av- mittee be made with respect to any other reso- erage of the closing prices for the previous year lution with respect to the same bidding system. exceeds $3.50. After the end of the calendar year, (G) When the committee has reported, or has when the new average price can be calculated, been discharged from further consideration of, a lessees will pay any royalties due, with interest resolution as provided in this paragraph, it shall but without penalty, or can apply for a refund, be at any time thereafter in order (even though with interest, of any overpayment. a previous motion to the same effect has been (vii) The prices referred to in clauses (v) and disagreed to) to move to proceed to the consider- (vi) of this subparagraph shall be changed during ation of the resolution. The motion shall be any calendar year after 1994 by the percentage, highly privileged and shall not be debatable. An if any, by which the implicit price deflator for amendment to the motion shall not be in order, the gross domestic product changed during the and it shall not be in order to move to recon- preceding calendar year. sider the vote by which the motion is agreed to (4)(A) The Secretary of Energy shall submit or disagreed to. any bidding system authorized in subparagraph (H) Debate on the resolution is limited to not (H) of paragraph (1) to the Senate and House of more than two hours, to be divided equally be- Representatives. The Secretary may institute tween those favoring and those opposing the res- such bidding system unless either the Senate or olution. A motion further to limit debate is not the House of Representatives passes a resolution debatable. An amendment to, or motion to re- of disapproval within thirty days after receipt of commit, the resolution is not in order, and it is the bidding system. not in order to move to reconsider the vote by (B) Subparagraphs (C) through (J) of this para- which the resolution is agreed to or disagreed graph are enacted by Congress— to. (i) as an exercise of the rulemaking power of (I) Motions to postpone, made with respect to the Senate and the House of Representatives, the discharge from the committee, or the con- respectively, and as such they are deemed a sideration of a resolution with respect to a bid- part of the rules of each House, respectively, ding system, and motions to proceed to the con- but they are applicable only with respect to sideration of other business, shall be decided the procedures to be followed in that House in without debate. (J) Appeals from the decisions of the Chair re- the case of resolutions described by this para- lating to the application of the rules of the Sen- graph, and they supersede other rules only to ate or the House of Representatives, as the case the extent that they are inconsistent there- may be, to the procedure relating to a resolu- with; and tion with respect to a bidding system shall be (ii) with full recognition of the constitu- decided without debate. tional right of either House to change the (5)(A) During the five-year period commencing rules (so far as relating to the procedure of on September 18, 1978, the Secretary may, in that House) at any time, in the same manner, order to obtain statistical information to deter- and to the same extent as in the case of any mine which bidding alternatives will best ac- other rule of that House. complish the purposes and policies of this sub- (C) A resolution disapproving a bidding system chapter, require, as to no more than 10 per cen- submitted pursuant to this paragraph shall im- tum of the tracts offered each year, each bidder mediately be referred to a committee (and all to submit bids for any area of the outer Con- resolutions with respect to the same request tinental Shelf in accordance with more than one shall be referred to the same committee) by the of the bidding systems set forth in paragraph (1) President of the Senate or the Speaker of the of this subsection. For such statistical purposes, House of Representatives, as the case may be. leases may be awarded using a bidding alter- (D) If the committee to which has been re- native selected at random for the acquisition of ferred any resolution disapproving the bidding valid statistical data if such bidding alternative system of the Secretary has not reported the is otherwise consistent with the provisions of resolution at the end of ten calendar days after this subchapter. Page 313 TITLE 43—PUBLIC LANDS § 1337

(B) The bidding systems authorized by para- sons for the utilization of such bidding system; graph (1) of this subsection, other than the sys- and tem authorized by subparagraph (A), shall be ap- (B) designating the lease tracts selected plied to not less than 20 per centum and not which are to be offered in such sale under the more than 60 per centum of the total area of- bidding system authorized by subparagraph fered for leasing each year during the five-year (A) of paragraph (1) and the lease tracts se- period beginning on September 18, 1978, unless lected which are to be offered under any one or the Secretary determines that the requirements more of the bidding systems authorized by set forth in this subparagraph are inconsistent subparagraphs (B) through (H) of paragraph with the purposes and policies of this sub- (1), and the reasons such lease tracts are to be chapter. offered under a particular bidding system. (6) At least ninety days prior to notice of any (b) Terms and provisions of oil and gas leases lease sale under subparagraph (D), (E), (F), or, if An oil and gas lease issued pursuant to this appropriate, (H) of paragraph (1), the Secretary shall by regulation establish rules to govern the section shall— (1) be for a tract consisting of a compact calculation of net profits. In the event of any area not exceeding five thousand seven hun- dispute between the United States and a lessee dred and sixty acres, as the Secretary may de- concerning the calculation of the net profits termine, unless the Secretary finds that a under the regulation issued pursuant to this larger area is necessary to comprise a reason- paragraph, the burden of proof shall be on the able economic production unit; lessee. (7) After an oil and gas lease is granted pursu- (2) be for an initial period of— (A) five years; or ant to any of the work commitment options of (B) not to exceed ten years where the Sec- paragraph (1) of this subsection— retary finds that such longer period is nec- (A) the lessee, at its option, shall deliver to essary to encourage exploration and develop- the Secretary upon issuance of the lease either ment in areas because of unusually deep (i) a cash deposit for the full amount of the ex- water or other unusually adverse conditions, ploration work commitment, or (ii) a perform- ance bond in form and substance and with a and as long after such initial period as oil or surety satisfactory to the Secretary, in the gas is produced from the area in paying quan- principal amount of such exploration work tities, or drilling or well reworking operations commitment assuring the Secretary that such as approved by the Secretary are conducted commitment shall be faithfully discharged in thereon; accordance with this section, regulations, and (3) require the payment of amount or value the lease; and for purposes of this subpara- as determined by one of the bidding systems graph, the principal amount of such cash de- set forth in subsection (a) of this section; posit or bond may, in accordance with regula- (4) entitle the lessee to explore, develop, and tions, be periodically reduced upon proof, sat- produce the oil and gas contained within the isfactory to the Secretary, that a portion of lease area, conditioned upon due diligence re- the exploration work commitment has been quirements and the approval of the develop- satisfied; ment and production plan required by this (B) 50 per centum of all exploration expendi- subchapter; tures on, or directly related to, the lease, in- (5) provide for suspension or cancellation of cluding, but not limited to (i) geological inves- the lease during the initial lease term or tigations and related activities, (ii) geo- thereafter pursuant to section 1334 of this physical investigations including seismic, geo- title; magnetic, and gravity surveys, data process- (6) contain such rental and other provisions ing and interpretation, and (iii) exploratory as the Secretary may prescribe at the time of drilling, core drilling, redrilling, and well offering the area for lease; and completion or abandonment, including the (7) provide a requirement that the lessee drilling of wells sufficient to determine the offer 20 per centum of the crude oil, conden- size and a real extent of any newly discovered sate, and natural gas liquids produced on such field, and including the cost of mobilization lease, at the market value and point of deliv- and demobilization of drilling equipment, ery applicable to Federal royalty oil, to small shall be included in satisfaction of the com- or independent refiners as defined in the 2 mitment, except that the lessee’s general Emergency Petroleum Allocation Act of 1973 overhead cost shall not be so included against [15 U.S.C. 751 et seq.]. the work commitment, but its cost (including (c) Antitrust review of lease sales employee benefits) of employees directly as- (1) Following each notice of a proposed lease signed to such exploration work shall be so in- sale and before the acceptance of bids and the is- cluded; and suance of leases based on such bids, the Sec- (C) if at the end of the primary term of the retary shall allow the Attorney General, in con- lease, including any extension thereof, the full sultation with the Federal Trade Commission, dollar amount of the exploration work com- thirty days to review the results of such lease mitment has not been satisfied, the balance sale, except that the Attorney General, after shall then be paid in cash to the Secretary. consultation with the Federal Trade Commis- (8) Not later than thirty days before any lease sion, may agree to a shorter review period. sale, the Secretary shall submit to the Congress (2) The Attorney General may, in consultation and publish in the Federal Register a notice— with the Federal Trade Commission, conduct (A) identifying any bidding system which will be utilized for such lease sale and the rea- 2 See References in Text note below. § 1337 TITLE 43—PUBLIC LANDS Page 314 such antitrust review on the likely effects the quently as new information is obtained or devel- issuance of such leases would have on competi- oped by the Secretary, the Secretary shall, in tion as the Attorney General, after consultation addition to the information required by section with the Federal Trade Commission, deems ap- 1352 of this title, provide the Governor of such propriate and shall advise the Secretary with re- State— spect to such review. The Secretary shall pro- (A) an identification and schedule of the vide such information as the Attorney General, areas and regions proposed to be offered for after consultation with the Federal Trade Com- leasing; mission, may require in order to conduct any (B) at the request of the Governor of such antitrust review pursuant to this paragraph and State, all information from all sources con- to make recommendations pursuant to para- cerning the geographical, geological, and eco- graph (3) of this subsection. logical characteristics of such tracts; (3) The Attorney General, after consultation (C) an estimate of the oil and gas reserves in with the Federal Trade Commission, may make the areas proposed for leasing; and (D) at the request of the Governor of such such recommendations to the Secretary, includ- State, an identification of any field, geological ing the nonacceptance of any bid, as may be ap- structure, or trap located wholly or partially propriate to prevent any situation inconsistent within three nautical miles of the seaward with the antitrust laws. If the Secretary deter- boundary of such coastal State, including all mines, or if the Attorney General advises the information relating to the entire field, geo- Secretary, after consultation with the Federal logical structure, or trap. Trade Commission and prior to the issuance of any lease, that such lease may create or main- The provisions of the first sentence of sub- tain a situation inconsistent with the antitrust section (c) and the provisions of subsections laws, the Secretary may— (e)–(h) of section 1352 of this title shall be appli- (A) refuse (i) to accept an otherwise quali- cable to the release by the Secretary of any in- fied bid for such lease, or (ii) to issue such formation to any coastal State under this para- lease, notwithstanding subsection (a) of this graph. In addition, the provisions of subsections section; or (c) and (e)–(h) of section 1352 of this title shall (B) issue such lease, and notify the lessee apply in their entirety to the release by the Sec- and the Attorney General of the reason for retary to any coastal State of any information such decision. relating to Federal lands beyond three nautical miles of the seaward boundary of such coastal (4)(A) Nothing in this subsection shall restrict State. the power under any other Act or the common (2) Notwithstanding any other provision of law of the Attorney General, the Federal Trade this subchapter, the Secretary shall deposit into Commission, or any other Federal department a separate account in the Treasury of the United or agency to secure information, conduct re- States all bonuses, rents, and royalties, and views, make recommendations, or seek appro- other revenues (derived from any bidding system priate relief. authorized under subsection (a)(1) of this sec- (B) Neither the issuance of a lease nor any- tion), excluding Federal income and windfall thing in this subsection shall modify or abridge profits taxes, and derived from any lease issued any private right of action under the antitrust after September 18, 1978 of any Federal tract laws. which lies wholly (or, in the case of Alaska, par- (d) Due diligence tially until seven years from the date of settle- No bid for a lease may be submitted if the Sec- ment of any boundary dispute that is the subject retary finds, after notice and hearing, that the of an agreement under section 1336 of this title bidder is not meeting due diligence require- entered into prior to January 1, 1986 or until ments on other leases. April 15, 1993 with respect to any other tract) within three nautical miles of the seaward (e) Secretary’s approval for sale, exchange, as- boundary of any coastal State, or, (except as signment, or other transfer of leases provided above for Alaska) in the case where a No lease issued under this subchapter may be Federal tract lies partially within three nau- sold, exchanged, assigned, or otherwise trans- tical miles of the seaward boundary, a percent- ferred except with the approval of the Secretary. age of bonuses, rents, royalties, and other reve- Prior to any such approval, the Secretary shall nues (derived from any bidding system author- consult with and give due consideration to the ized under subsection (a)(1) of this section), ex- views of the Attorney General. cluding Federal income and windfall profits (f) Antitrust immunity or defenses taxes, and derived from any lease issued after September 18, 1978 of such tract equal to the per- Nothing in this subchapter shall be deemed to centage of surface acreage of the tract that lies convey to any person, association, corporation, within such three nautical miles. Except as pro- or other business organization immunity from vided in paragraph (5) of this subsection, not civil or criminal liability, or to create defenses later than the last business day of the month to actions, under any antitrust law. following the month in which those revenues are (g) Leasing of lands within three miles of sea- deposited in the Treasury, the Secretary shall ward boundaries of coastal States; deposit of transmit to such coastal State 27 percent of revenues; distribution of revenues those revenues, together with all accrued inter- (1) At the time of soliciting nominations for est thereon. The remaining balance of such reve- the leasing of lands containing tracts wholly or nues shall be transmitted simultaneously to the partially within three nautical miles of the sea- miscellaneous receipts account of the Treasury ward boundary of any coastal State, and subse- of the United States. Page 315 TITLE 43—PUBLIC LANDS § 1337

(3) Whenever the Secretary or the Governor of amounts deposited in or credited to the escrow a coastal State determines that a common po- account. If there is insufficient money depos- tentially hydrocarbon-bearing area may under- ited in the escrow account, the Secretary shall lie the Federal and State boundary, the Sec- transmit, from any revenues derived from any retary or the Governor shall notify the other lease of Federal lands under this subchapter, party in writing of his determination and the the remaining balance due such State in ac- Secretary shall provide to the Governor notice cordance with the formula set forth in section of the current and projected status of the tract 8004(b)(1)(B) of the Outer Continental Shelf or tracts containing the common potentially hy- Lands Act Amendments of 1985. drocarbon-bearing area. If the Secretary has (B) This paragraph applies to all Federal oil leased or intends to lease such tract or tracts, the Secretary and the Governor of the coastal and gas lease sales, under this subchapter, in- State may enter into an agreement to divide the cluding joint lease sales, occurring after Sep- revenues from production of any common poten- tember 18, 1978. tially hydrocarbon-bearing area, by unitization (6) This section shall be deemed to take effect or other royalty sharing agreement, pursuant to on October 1, 1985, for purposes of determining existing law. If the Secretary and the Governor the amounts to be deposited in the separate ac- do not enter into an agreement, the Secretary count and the States’ shares described in para- may nevertheless proceed with the leasing of the graph (2). tract or tracts. Any revenues received by the (7) When the Secretary leases any tract which United States under such an agreement shall be lies wholly or partially within three miles of the subject to the requirements of paragraph (2). seaward boundary of two or more States, the (4) The deposits in the Treasury account de- revenues from such tract shall be distributed as scribed in this section shall be invested by the otherwise provided by this section, except that Secretary of the Treasury in securities backed the State’s share of such revenues that would by the full faith and credit of the United States otherwise result under this section shall be di- having maturities suitable to the needs of the vided equally among such States. account and yielding the highest reasonably available interest rates as determined by the (h) State claims to jurisdiction over submerged Secretary of the Treasury. lands (5)(A) When there is a boundary dispute be- Nothing contained in this section shall be con- tween the United States and a State which is strued to alter, limit, or modify any claim of subject to an agreement under section 1336 of any State to any jurisdiction over, or any right, this title, the Secretary shall credit to the ac- title, or interest in, any submerged lands. count established pursuant to such agreement all bonuses, rents, and royalties, and other reve- (i) Sulphur leases; award to highest bidder; nues (derived from any bidding system author- method of bidding ized under subsection (a)(1) of this section), ex- In order to meet the urgent need for further cluding Federal income and windfall profits exploration and development of the sulphur de- taxes, and derived from any lease issued after posits in the submerged lands of the outer Con- September 18, 1978 of any Federal tract which tinental Shelf, the Secretary is authorized to lies wholly or partially within three nautical grant to the qualified persons offering the high- miles of the seaward boundary asserted by the est cash bonuses on a basis of competitive bid- State, if that money has not otherwise been de- ding sulphur leases on submerged lands of the posited in such account. Proceeds of an escrow outer Continental Shelf, which are not covered account established pursuant to an agreement by leases which include sulphur and meet the re- under section 1336 of this title shall be distrib- quirements of section 1335(a) of this title, and uted as follows: which sulphur leases shall be offered for bid by (i) Twenty-seven percent of all bonuses, sealed bids and granted on separate leases from rents, and royalties, and other revenues (de- oil and gas leases, and for a separate consider- rived from any bidding system authorized ation, and without priority or preference ac- under subsection (a)(1) of this section), exclud- corded to oil and gas lessees on the same area. ing Federal income and windfall profits taxes, and derived from any lease issued after Sep- (j) Terms and provisions of sulphur leases tember 18, 1978, of any tract which lies wholly A sulphur lease issued by the Secretary pursu- within three nautical miles of the seaward ant to this section shall (1) cover an area of such boundary asserted by the Federal Government size and dimensions as the Secretary may deter- in the boundary dispute, together with all ac- mine, (2) be for a period of not more than ten crued interest thereon, shall be paid to the years and so long thereafter as sulphur may be State either— produced from the area in paying quantities or (I) within thirty days of December 1, 1987, drilling, well reworking, plant construction, or or other operations for the production of sulphur, (II) by the last business day of the month as approved by the Secretary, are conducted following the month in which those revenues thereon, (3) require the payment to the United are deposited in the Treasury, whichever States of such royalty as may be specified in the date is later. lease but not less than 5 per centum of the gross (ii) Upon the settlement of a boundary dis- production or value of the sulphur at the well- pute which is subject to a section 1336 of this head, and (4) contain such rental provisions and title agreement between the United States and such other terms and provisions as the Sec- a State, the Secretary shall pay to such State retary may by regulation prescribe at the time any additional moneys due such State from of offering the area for lease. § 1337 TITLE 43—PUBLIC LANDS Page 316

(k) Other mineral leases; award to highest bid- any interim arrangements by the Secretary pur- der; terms and conditions; agreements for suant to section 1336 of this title shall not preju- use of resources for shore protection, beach dice the ultimate settlement or adjudication of or coastal wetlands restoration, or other the question as to whether or not the area in- projects volved is in the outer Continental Shelf. (1) The Secretary is authorized to grant to the (o) Cancellation of leases for fraud qualified persons offering the highest cash bo- The Secretary may cancel any lease obtained nuses on a basis of competitive bidding leases of by fraud or misrepresentation. any mineral other than oil, gas, and sulphur in any area of the outer Continental Shelf not then (p) Leases, easements, or rights-of-way for en- under lease for such mineral upon such royalty, ergy and related purposes rental, and other terms and conditions as the (1) In general Secretary may prescribe at the time of offering The Secretary, in consultation with the Sec- the area for lease. retary of the Department in which the Coast (2)(A) Notwithstanding paragraph (1), the Sec- Guard is operating and other relevant depart- retary may negotiate with any person an agree- ments and agencies of the Federal Govern- ment for the use of Outer Continental Shelf ment, may grant a lease, easement, or right- sand, gravel and shell resources— of-way on the outer Continental Shelf for ac- (i) for use in a program of, or project for, tivities not otherwise authorized in this sub- shore protection, beach restoration, or coastal chapter, the Deepwater Port Act of 1974 (33 wetlands restoration undertaken by a Federal, U.S.C. 1501 et seq.), the Ocean Thermal Energy State, or local government agency; or Conversion Act of 1980 (42 U.S.C. 9101 et seq.), (ii) for use in a construction project, other or other applicable law, if those activities— than a project described in clause (i), that is (A) support exploration, development, pro- funded in whole or in part by or authorized by duction, or storage of oil or natural gas, ex- the Federal Government. cept that a lease, easement, or right-of-way (B) In carrying out a negotiation under this shall not be granted in an area in which oil paragraph, the Secretary may assess a fee based and gas preleasing, leasing, and related ac- on an assessment of the value of the resources tivities are prohibited by a moratorium; and the public interest served by promoting de- (B) support transportation of oil or natural velopment of the resources. No fee shall be as- gas, excluding shipping activities; sessed directly or indirectly under this subpara- (C) produce or support production, trans- graph against a Federal, State, or local govern- portation, or transmission of energy from ment agency. sources other than oil and gas; or (C) The Secretary may, through this para- (D) use, for energy-related purposes or for graph and in consultation with the Secretary of other authorized marine-related purposes, Commerce, seek to facilitate projects in the facilities currently or previously used for ac- coastal zone, as such term is defined in section tivities authorized under this subchapter, 1453 of title 16, that promote the policy set forth except that any oil and gas energy-related in section 1452 of title 16. uses shall not be authorized in areas in (D) Any Federal agency which proposes to which oil and gas preleasing, leasing, and re- make use of sand, gravel and shell resources lated activities are prohibited by a morato- subject to the provisions of this subchapter shall rium. enter into a Memorandum of Agreement with (2) Payments and revenues the Secretary concerning the potential use of those resources. The Secretary shall notify the (A) The Secretary shall establish royalties, Committee on Merchant Marine and Fisheries fees, rentals, bonuses, or other payments to and the Committee on Natural Resources of the ensure a fair return to the United States for House of Representatives and the Committee on any lease, easement, or right-of-way granted Energy and Natural Resources of the Senate on under this subsection. any proposed project for the use of those re- (B) The Secretary shall provide for the pay- sources prior to the use of those resources. ment of 27 percent of the revenues received by the Federal Government as a result of pay- (l) Publication of notices of sale and terms of ments under this section from projects that bidding are located wholly or partially within the area Notice of sale of leases, and the terms of bid- extending three nautical miles seaward of ding, authorized by this section shall be pub- State submerged lands. Payments shall be lished at least thirty days before the date of sale made based on a formula established by the in accordance with rules and regulations pro- Secretary by rulemaking no later than 180 mulgated by the Secretary. days after August 8, 2005, that provides for (m) Disposition of revenues equitable distribution, based on proximity to All moneys paid to the Secretary for or under the project, among coastal states that have a leases granted pursuant to this section shall be coastline that is located within 15 miles of the deposited in the Treasury in accordance with geographic center of the project. section 1338 of this title. (3) Competitive or noncompetitive basis (n) Issuance of lease as nonprejudicial to ulti- Except with respect to projects that meet mate settlement or adjudication of con- the criteria established under section 388(d) of troversies the Energy Policy Act of 2005, the Secretary The issuance of any lease by the Secretary shall issue a lease, easement, or right-of-way pursuant to this subchapter, or the making of under paragraph (1) on a competitive basis un- Page 317 TITLE 43—PUBLIC LANDS § 1337

less the Secretary determines after public no- retary of Defense, the Secretary of the Depart- tice of a proposed lease, easement, or right-of- ment in which the Coast Guard is operating, way that there is no competitive interest. the Secretary of Commerce, heads of other rel- (4) Requirements evant departments and agencies of the Federal The Secretary shall ensure that any activity Government, and the Governor of any affected under this subsection is carried out in a man- State, shall issue any necessary regulations to ner that provides for— carry out this subsection. (A) safety; (9) Effect of subsection (B) protection of the environment; Nothing in this subsection displaces, super- (C) prevention of waste; sedes, limits, or modifies the jurisdiction, re- (D) conservation of the natural resources sponsibility, or authority of any Federal or of the outer Continental Shelf; (E) coordination with relevant Federal State agency under any other Federal law. agencies; (10) Applicability (F) protection of national security inter- This subsection does not apply to any area ests of the United States; on the outer Continental Shelf within the ex- (G) protection of correlative rights in the terior boundaries of any unit of the National outer Continental Shelf; Park System, National Wildlife Refuge Sys- (H) a fair return to the United States for tem, or National Marine Sanctuary System, or any lease, easement, or right-of-way under any National Monument. this subsection; (I) prevention of interference with reason- (Aug. 7, 1953, ch. 345, § 8, 67 Stat. 468; Pub. L. able uses (as determined by the Secretary) of 95–372, title II, § 205(a), (b), Sept. 18, 1978, 92 Stat. the exclusive economic zone, the high seas, 640, 644; Pub. L. 99–272, title VIII, § 8003, Apr. 7, and the territorial seas; 1986, 100 Stat. 148; Pub. L. 100–202, § 101(g) [title (J) consideration of— I, § 100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–225; (i) the location of, and any schedule re- Pub. L. 103–426, § 1(a), Oct. 31, 1994, 108 Stat. 4371; lating to, a lease, easement, or right-of- Pub. L. 104–58, title III, §§ 302, 303, Nov. 28, 1995, way for an area of the outer Continental 109 Stat. 563, 565; Pub. L. 105–362, title IX, Shelf; and § 901(k), Nov. 10, 1998, 112 Stat. 3290; Pub. L. (ii) any other use of the sea or seabed, in- 106–53, title II, § 215(b)(1), Aug. 17, 1999, 113 Stat. cluding use for a fishery, a sealane, a po- 292; Pub. L. 109–58, title III, §§ 346, 388(a), (c), tential site of a deepwater port, or naviga- Aug. 8, 2005, 119 Stat. 704, 744, 747.) tion; REFERENCES IN TEXT (K) public notice and comment on any pro- posal submitted for a lease, easement, or The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (b)(7), is Pub. L. 93–159, Nov. 27, 1973, right-of-way under this subsection; and 87 Stat. 628, as amended, which was classified generally (L) oversight, inspection, research, mon- to chapter 16A (§ 751 et seq.) of Title 15, Commerce and itoring, and enforcement relating to a lease, Trade, and was omitted from the Code pursuant to sec- easement, or right-of-way under this sub- tion 760g of Title 15, which provided for the expiration section. of the President’s authority under that chapter on (5) Lease duration, suspension, and cancella- Sept. 30, 1981. tion Section 8004(b)(1)(B) of the Outer Continental Shelf Lands Act Amendments of 1985, referred to in subsec. The Secretary shall provide for the duration, (g)(5)(A), is section 8004(b)(1)(B) of Pub. L. 99–272, which issuance, transfer, renewal, suspension, and is set out as a note below. cancellation of a lease, easement, or right-of- The Deepwater Port Act of 1974, referred to in subsec. way under this subsection. (p)(1), is Pub. L. 93–627, Jan. 3, 1975, 88 Stat. 2126, as amended, which is classified principally to chapter 29 (6) Security (§ 1501 et seq.) of Title 33, Navigation and Navigable Wa- The Secretary shall require the holder of a ters. For complete classification of this Act to the lease, easement, or right-of-way granted under Code, see Short Title note set out under section 1501 of this subsection to— Title 33 and Tables. (A) furnish a surety bond or other form of The Ocean Thermal Energy Conversion Act of 1980, security, as prescribed by the Secretary; referred to in subsec. (p)(1), is Pub. L. 96–320, Aug. 3, (B) comply with such other requirements 1980, 94 Stat. 974, as amended, which is classified prin- cipally to chapter 99 (§ 9101 et seq.) of Title 42, The Pub- as the Secretary considers necessary to pro- lic Health and Welfare. For complete classification of tect the interests of the public and the this Act to the Code, see Short Title note set out under United States; and section 9101 of Title 42 and Tables. (C) provide for the restoration of the lease, Section 388(d) of the Energy Policy Act of 2005, re- easement, or right-of-way. ferred to in subsec. (p)(3), is section 388(d) of Pub. L. (7) Coordination and consultation with af- 109–58, which is set out as a note under this section. fected State and local governments CODIFICATION The Secretary shall provide for coordination In subsec. (a)(3)(C)(ii), ‘‘section 702 of title 5’’ sub- and consultation with the Governor of any stituted for ‘‘section 10(a) of the Administrative Proce- State or the executive of any local govern- dures Act (5 U.S.C. 702)’’ on authority of Pub. L. 89–554, ment that may be affected by a lease, ease- § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of ment, or right-of-way under this subsection. which enacted Title 5, Government Organization and (8) Regulations Employees. August 8, 2005, referred to in subsec. (p)(2)(B), was in Not later than 270 days after August 8, 2005, the original ‘‘the date of enactment of this section’’, the Secretary, in consultation with the Sec- which was translated as meaning the date of enactment § 1337 TITLE 43—PUBLIC LANDS Page 318 of Pub. L. 109–58, which enacted subsec. (p) of this sec- chapter, with applicable regulations, and, to the maxi- tion, to reflect the probable intent of Congress. mum extent practicable, with the applicable laws of the coastal State. If the Governor declines the offer, or AMENDMENTS if the parties cannot agree to terms concerning the dis- 2005—Pub. L. 109–58, § 388(c), substituted ‘‘Leases, position of revenues from such lease (by the time the easements, and rights-of-way on the outer Continental Secretary determines to offer the area for lease), the Shelf’’ for ‘‘Grant of leases by Secretary’’ in section Secretary may nevertheless proceed with the leasing of catchline. the area.’’ Subsec. (a)(3)(B). Pub. L. 109–58, § 346, inserted ‘‘and in Subsec. (g)(4). Pub. L. 99–272 amended par. (4) gener- the Planning Areas offshore Alaska’’ after ‘‘West lon- ally. Prior to amendment, par. (4) read as follows: gitude’’ in introductory provisions. ‘‘Notwithstanding any other provision of this sub- Subsec. (p). Pub. L. 109–58, § 388(a), added subsec. (p). chapter, the Secretary shall deposit in a separate ac- 1999—Subsec. (k)(2)(B). Pub. L. 106–53 substituted ‘‘a count in the Treasury of the United States all bonuses, Federal, State, or local government agency’’ for ‘‘an royalties, and other revenues attributable to oil and agency of the Federal Government’’. gas pools underlying both the outer Continental Shelf 1998—Subsec. (a)(9). Pub. L. 105–362 struck out par. (9) and submerged lands subject to the jurisdiction of any which related to report to Congress by Secretary of En- coastal State until such time as the Secretary and the ergy on bidding options for oil and gas leases on outer Governor of such coastal State agree on, or if the Sec- Continental Shelf land. retary and the Governor of such coastal State cannot 1995—Subsec. (a)(1)(H), (I). Pub. L. 104–58, § 303, added agree, as a district court of the United States deter- subpar. (H) and redesignated former subpar. (H) as (I). mines, the fair and equitable disposition of such reve- Subsec. (a)(3). Pub. L. 104–58, § 302, designated existing nues and any interest which has accrued and the proper provisions as subpar. (A) and added subpars. (B) and (C). rate of payments to be deposited in the treasuries of 1994—Subsec. (k). Pub. L. 103–426 designated existing the Federal Government and such coastal State.’’ provisions as par. (1) and added par. (2). Subsec. (g)(5) to (7). Pub. L. 99–272 added pars. (5) to 1987—Subsec. (g)(5)(A). Pub. L. 100–202 substituted ‘‘an (7). escrow account established pursuant to an agreement 1978—Subsec. (a). Pub. L. 95–372, § 205(a), designated under section 1336 of this title’’ for ‘‘such account’’ in existing provisions as par. (1)(A) and (B), and in par. second sentence, added cl. (i), designated existing in- (1)(A) as so redesignated, struck out provisions which dented par. as cl. (ii), substituted ‘‘a boundary’’ for restricted authority of Secretary to grant oil and gas ‘‘any boundary’’, ‘‘any additional moneys’’ for ‘‘all leases to situations involving the urgent need for fur- moneys’’, and inserted ‘‘or credited to’’ before ‘‘the es- ther exploration and development of oil and gas depos- crow account’’. its of the submerged lands of the outer Continental 1986—Subsec. (g)(1). Pub. L. 99–272 amended par. (1) Shelf and inserted provisions permitting the promulga- generally. Prior to amendment, par. (1) read as follows: tion of regulations for the deposit of cash bids in inter- ‘‘At the time of soliciting nominations for the leasing est-bearing accounts until the Secretary announces his of lands within three miles of the seaward boundary of decision on whether to accept the bids with the earned any coastal State, the Secretary shall provide the Gov- interest paid either to the Treasury or to unsuccessful ernor of such State— bidders, in par. (1)(B) as so redesignated, substituted ‘‘(A) an identification and schedule of the areas and provisions relating to variable royalty bids based on a regions proposed to be offered for leasing; per centum in amount or value of the production saved, ‘‘(B) all information concerning the geographical, removed, or sold, with either a fixed work commitment geological, and ecological characteristics of such re- based on dollar amount covering exploration or a fixed gions; cash bonus as determined by the Secretary or both for ‘‘(C) an estimate of the oil and gas reserves in the provisions relating to straight royalty bids at not less 1 areas proposed for leasing; and than 12 ⁄2 per centum with a cash bonus fixed by the ‘‘(D) an identification of any field, geological struc- Secretary, and added pars. (1)(C) to (H) and pars. (2) to ture, or trap located within three miles of the sea- (9). ward boundary of such coastal State.’’ Subsec. (b). Pub. L. 95–372, § 205(a), redesignated cls. Subsec. (g)(2). Pub. L. 99–272 amended par. (2) gener- (1) to (4) as pars. (1), (2), (3), and (6) respectively, added ally. Prior to amendment, par. (2) read as follows: pars. (4), (5), and (7), and in par. (1) as so redesignated, ‘‘After receipt of nominations for any area of the outer inserted provisions authorizing the Secretary to lease Continental Shelf within three miles of the seaward tracts larger than 5760 acres if a larger area is nec- boundary of any coastal State, the Secretary shall in- essary to comprise a reasonable economic production unit and in par. (2) as so redesignated, inserted provi- form the Governor of such coastal State of any such sion to allow up to a 10 year initial period if the longer area which the Secretary believes should be given fur- period is necessary to encourage exploration and devel- ther consideration for leasing. The Secretary, in con- opment in areas because of unusually deep water or sultation with the Governor of the coastal State, shall other unusually adverse conditions, and in par. (3) as so then, determine whether any such area may contain redesignated, substituted ‘‘payment of amount or value one or more oil or gas pools or fields underlying both as determined by one of the bidding systems set forth the outer Continental Shelf and lands subject to the ju- in subsection (a) of this section’’ for ‘‘payment of a roy- risdiction of such State. If, with respect to such area, alty of not less than 121⁄2 per centum, in the amount or the Secretary selects a tract or tracts which may con- value of the production saved, removed, or sold from tain one or more oil or gas pools or fields underlying the lease’’. both the outer Continental Shelf and lands subject to Subsecs. (c) to (h). Pub. L. 95–372, § 205(b), added sub- the jurisdiction of such State, the Secretary shall offer secs. (c) to (h). Former subsecs. (c) to (h) redesignated the Governor of such coastal State the opportunity to (i) to (n). enter into an agreement concerning the disposition of Subsec. (i). Pub. L. 95–372, § 205(b), redesignated revenues which may be generated by a Federal lease former subsec. (c) as (i). Former subsec. (i) redesignated within such area in order to permit their fair and equi- (o). table division between the State and Federal Govern- Subsec. (j). Pub. L. 95–372, § 205(b), redesignated ment.’’ former subsec. (d) as (j). Former subsec. (j), which pro- Subsec. (g)(3). Pub. L. 99–272 amended par. (3) gener- vided that any person complaining of the cancellation ally. Prior to amendment, par. (3) read as follows: of a lease by the Secretary could have the Secretary’s ‘‘Within ninety days after the offer by the Secretary action reviewed in the United States District Court for pursuant to paragraph (2) of this subsection, the Gov- the District of Columbia by filing a petition for review, ernor shall elect whether to enter into such agreement was struck out. See section 1349 of this title. and shall notify the Secretary of his decision. If the Subsecs. (k) to (o). Pub. L. 95–372, § 205(b), redesig- Governor accepts the offer, the terms of any lease is- nated former subsecs. (e) to (i) as (k) to (o), respec- sued shall be consistent with the provisions of this sub- tively. Page 319 TITLE 43—PUBLIC LANDS § 1337

REGULATIONS ‘‘(3) INCLUSIONS.—Mapping carried out under the map- ping initiative shall include an indication of the loca- Section 305 of title III of Pub. L. 104–58 provided that: tions on the outer Continental Shelf of— ‘‘The Secretary shall promulgate such rules and regula- ‘‘(A) Federally-permitted activities; tions as are necessary to implement the provisions of ‘‘(B) obstructions to navigation; this title [amending this section and enacting provi- ‘‘(C) submerged cultural resources; sions set out as notes under this section] within 180 ‘‘(D) undersea cables; days after the enactment of this Act [Nov. 28, 1995].’’ ‘‘(E) offshore aquaculture projects; and SAVINGS PROVISION ‘‘(F) any area designated for the purpose of safety, national security, environmental protection, or con- Pub. L. 109–58, title III, § 388(d), Aug. 8, 2005, 119 Stat. servation and management of living marine re- 747, provided that: ‘‘Nothing in the amendment made sources.’’ by subsection (a) [amending this section] requires the resubmittal of any document that was previously sub- STATE CLAIMS TO JURISDICTION OVER SUBMERGED mitted or the reauthorization of any action that was LANDS previously authorized with respect to a project for Pub. L. 109–58, title III, § 388(e), Aug. 8, 2005, 119 Stat. which, before the date of enactment of this Act [Aug. 747, provided that: ‘‘Nothing in this section [amending 8, 2005]— this section and enacting provisions set out as notes ‘‘(1) an offshore test facility has been constructed; under this section] shall be construed to alter, limit, or or modify any claim of any State to any jurisdiction over, ‘‘(2) a request for a proposal has been issued by a or any right, title, or interest in, any submerged public authority.’’ lands.’’ Section 306 of title III of Pub. L. 104–58 provided that: ‘‘Nothing in this title [amending this section and en- REIMBURSEMENT OF LOCAL INTERESTS acting provisions set out as notes under this section] Pub. L. 106–53, title II, § 215(b)(2), Aug. 17, 1999, 113 shall be construed to affect any offshore pre-leasing, Stat. 293, provided that: ‘‘Any amounts paid by non- leasing, or development moratorium, including any Federal interests for beach erosion control, hurricane moratorium applicable to the Eastern Planning Area of protection, shore protection, or storm damage reduc- the Gulf of Mexico located off the Gulf Coast of Flor- tion projects as a result of an assessment under section ida.’’ 8(k) of the Outer Continental Shelf Lands Act (43 U.S.C. ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE 1337(k)) shall be fully reimbursed.’’ AND FISHERIES FEES FOR ROYALTY RATE RELIEF APPLICATIONS Committee on Merchant Marine and Fisheries of Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, House of Representatives abolished and its jurisdiction 110 Stat. 1321–156, 1321–166; renumbered title I, Pub. L. transferred by House Resolution No. 6, One Hundred 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in Fourth Congress, Jan. 4, 1995. For treatment of ref- part: ‘‘That beginning in fiscal year 1996 and thereafter, erences to Committee on Merchant Marine and Fish- fees for royalty rate relief applications shall be estab- eries, see section 1(b)(3) of Pub. L. 104–14, set out as a lished (and revised as needed) in Notices to Lessees, and note preceding section 21 of Title 2, The Congress. shall be credited to this account in the program areas TRANSFER OF FUNCTIONS performing the function, and remain available until ex- pended for the costs of administering the royalty rate Functions vested in, or delegated to, Secretary of En- relief authorized by 43 U.S.C. 1337(a)(3)’’. ergy and Department of Energy under or with respect to subsec. (a)(4) of this section, transferred to, and vest- LEASE SALES ed in, Secretary of the Interior, by section 100 of Pub. Section 304 of title III of Pub. L. 104–58 provided that: L. 97–257, 96 Stat. 841, set out as a note under section ‘‘For all tracts located in water depths of 200 meters or 7152 of Title 42, The Public Health and Welfare. greater in the Western and Central Planning Area of Functions of Secretary of the Interior to promulgate the Gulf of Mexico, including that portion of the East- regulations under this subchapter which relate to fos- ern Planning Area of the Gulf of Mexico encompassing tering of competition for Federal leases, implementa- whole lease blocks lying west of 87 degrees, 30 minutes tion of alternative bidding systems authorized for West longitude, any lease sale within five years of the award of Federal leases, establishment of diligence re- date of enactment of this title [Nov. 28, 1995], shall use quirements for operations conducted on Federal leases, the bidding system authorized in section 8(a)(1)(H) of setting of rates for production of Federal leases, and the Outer Continental Shelf Lands Act, as amended by specifying of procedures, terms, and conditions for ac- this title [43 U.S.C. 1337(a)(1)(H)], except that the sus- quisition and disposition of Federal royalty interests pension of royalties shall be set at a volume of not less taken in kind, transferred to Secretary of Energy by than the following: section 7152(b) of Title 42. Section 7152(b) of Title 42 was ‘‘(1) 17.5 million barrels of oil equivalent for leases repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 in water depths of 200 to 400 meters; Stat. 1407, and functions of Secretary of Energy re- ‘‘(2) 52.5 million barrels of oil equivalent for leases turned to Secretary of the Interior. See House Report in 400 to 800 meters of water; and No. 97–315, pp. 25, 26, Nov. 5, 1981. ‘‘(3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters.’’ COORDINATED OCS MAPPING INITIATIVE Pub. L. 109–58, title III, § 388(b), Aug. 8, 2005, 119 Stat. DISTRIBUTION OF SECTION 1337(g) ACCOUNT 746, provided that: Section 8004 of title VIII of Pub. L. 99–272 provided ‘‘(1) IN GENERAL.—The Secretary of the Interior, in that: cooperation with the Secretary of Commerce, the Com- ‘‘(a) Prior to April 15, 1986, the Secretary shall dis- mandant of the Coast Guard, and the Secretary of De- tribute to the designated coastal States the sum of— fense, shall establish an interagency comprehensive ‘‘(1) the amounts due and payable to each such digital mapping initiative for the outer Continental State under paragraph (2) of section 8(g) of the Outer Shelf to assist in decisionmaking relating to the siting Continental Shelf Lands Act, as amended by this title of activities under subsection (p) of section 8 of the [43 U.S.C. 1337(g)(2)], for the period between October 1, Outer Continental Shelf Lands Act (43 U.S.C. 1337) (as 1985, and the date of such distribution, and added by subsection (a)). ‘‘(2) the amounts due each such State under sub- ‘‘(2) USE OF DATA.—The mapping initiative shall use, section (b)(1)(A) of this section for the period prior to and develop procedures for accessing, data collected be- October 1, 1985. fore the date on which the mapping initiative is estab- ‘‘(b)(1) As a fair and equitable disposition of all reve- lished, to the maximum extent practicable. nues (including interest thereon) derived from any § 1338 TITLE 43—PUBLIC LANDS Page 320 lease of Federal lands wholly or partially within 3 § 1338a. Moneys received as a result of forfeiture miles of the seaward boundary of a coastal State prior by Outer Continental Shelf permittee, lessee, to October 1, 1985, the Secretary shall distribute: or right-of-way holder; return of excess ‘‘(A) from the funds which were deposited in the amounts separate account in the Treasury of the United States under section 8(g)(4) of the Outer Continental Notwithstanding section 3302 of title 31, any Shelf Lands Act (43 U.S.C. 1337(g)(4)) which was in ef- moneys on and after November 5, 1990, received fect prior to the date of enactment of section 8003 of as a result of the forfeiture of a bond or other se- this title [Apr. 7, 1986] the following sums: curity by an Outer Continental Shelf permittee, ($ million) lessee, or right-of-way holder which does not ful- Louisiana ...... 572 fill the requirements of its permit, lease, or Texas...... 382 right-of-way or does not comply with the regula- California...... 338 tions of the Secretary shall be credited to the Alabama...... 66 royalty and offshore minerals management ac- Alaska...... 51 count of the Minerals Management Service to Mississippi ...... 14 cover the cost to the United States of any im- Florida ...... 0.03 provement, protection, or rehabilitation work as well as 27 percent of the royalties, derived from rendered necessary by the action or inaction any lease of Federal lands, which have been deposited that led to the forfeiture, to remain available through September 30, 1985, in the separate account until expended: Provided further, That any por- described in this paragraph and interest thereon ac- tion of the moneys so credited shall be returned crued through September 30, 1985, and shall transmit to the permittee, lessee, or right-of-way holder any remaining amounts to the miscellaneous receipts account of the Treasury of the United States; and to the extent that the money is in excess of the ‘‘(B) from revenues derived from any lease of Fed- amount expended in performing the work neces- eral lands under the Outer Continental Shelf Lands sitated by the action or inaction which led to Act, as amended [43 U.S.C. 1331 et seq.], prior to April their receipt or, if the bond or security was for- 15 of each of the fifteen fiscal years following the fis- feited for failure to pay the civil penalty, in ex- cal year in which this title is enacted, 3 percent of cess of the civil penalty imposed. the following sums in each of the five fiscal years fol- lowing the date of enactment of this Act [Apr. 7, (Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1986], 7 percent of such sums in each of the next five 1926; Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. fiscal years, and 10 percent of such sums in each of 1386; Pub. L. 103–332, title I, Sept. 30, 1994, 108 the following five fiscal years: Stat. 2508.)

($ million) CODIFICATION Louisiana ...... 84 Section enacted as part of the Department of the In- Texas...... 134 terior and Related Agencies Appropriations Act, 1991, California...... 289 and not as part of the Outer Continental Shelf Lands Alabama...... 7 Act which comprises this subchapter. Alaska...... 134 Mississippi ...... 2. AMENDMENTS ‘‘(2) The acceptance of any payment by a State under 1994—Pub. L. 103–332 struck out ‘‘or payment of civil this section shall satisfy and release any and all claims penalty’’ after ‘‘result of the forfeiture of a bond or of such State against the United States arising under, other security’’, substituted ‘‘royalty and offshore min- or related to, section 8(g) of the Outer Continental erals’’ for ‘‘leasing and royalty’’, and struck out ‘‘or Shelf Lands Act [43 U.S.C. 1337(g)], as it was in effect imposition of the civil penalty’’ after ‘‘rendered nec- prior to the date of enactment of this Act [Apr. 7, 1986] essary by the action or inaction that led to the forfeit- and shall vest in such State the right to receive pay- ure’’. 1992—Pub. L. 102–381 substituted ‘‘shall be credited to ments as set forth in this section. the leasing and royalty management account of the ‘‘(c) Notwithstanding any other provision of this Act, Minerals Management Service’’ for ‘‘shall be credited the amounts due and payable to the State of Louisiana to this account’’. prior to October 1, 1986, under subtitle A of title VIII (Outer Continental Shelf and Related Programs) of this CHANGE OF NAME Act [title VIII does not contain a subtitle A, see Short Title I of Pub. L. 103–332, 108 Stat. 2508, provided in Title of 1986 Amendment note set out under section 1301 part: ‘‘That where the account title ‘Leasing and Roy- of this title] shall remain in their separate accounts in alty Management’ appears in any public law, the words the Treasury of the United States and continue to ac- ‘Leasing and Royalty Management’ beginning in fiscal crue interest until October 1, 1986, except that the year 1995 and thereafter shall be construed to mean $572,000,000 set forth in subsection 8004(b)(1)(A) of this ‘Royalty and Offshore Minerals Management’.’’ section shall only accrue interest from April 15, 1986 to October 1, 1986, at which time the Secretary shall im- EFFECTIVE DATE OF 1994 AMENDMENT mediately distribute such sums with accrued interest Title I of Pub. L. 103–332, 108 Stat. 2508, provided that to the State of Louisiana.’’ the amendment made by Pub. L. 103–332 substituting ‘‘royalty and offshore minerals’’ for ‘‘leasing and roy- § 1338. Disposition of revenues alty’’ is effective beginning in fiscal year 1995 and thereafter. All rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy § 1339. Repealed. Pub. L. 104–185, § 8(b), Aug. 13, under any lease on the outer Continental Shelf 1996, 110 Stat. 1717 for the period from June 5, 1950, to date, and Section, act Aug. 7, 1953, ch. 345, § 10, 67 Stat. 469, re- thereafter shall be deposited in the Treasury of lated to requirements for refund of excess payments. the United States and credited to miscellaneous EFFECTIVE DATE OF REPEAL receipts. Section 8(b) of Pub. L. 104–185 provided in part that (Aug. 7, 1953, ch. 345, § 9, 67 Stat. 469.) the repeal of this section is effective Aug. 13, 1996. Page 321 TITLE 43—PUBLIC LANDS § 1340

APPLICABILITY OF REPEAL or water use in the coastal zone of a State with Repeal of section not applicable to any privately a coastal zone management program approved owned minerals or with respect to Indian lands, see sec- pursuant to section 1455 of title 16, unless the tions 9 and 10 of Pub. L. 104–185, set out as an Applica- State concurs or is conclusively presumed to bility of 1996 Amendment note under section 1701 of concur with the consistency certification ac- Title 30, Mineral Lands and Mining. companying such plan pursuant to section 1456(c)(3)(B)(i) or (ii) of title 16, or the Secretary § 1340. Geological and geophysical explorations of Commerce makes the finding authorized by (a) Approved exploration plans section 1456(c)(3)(B)(iii) of title 16. (1) Any agency of the United States and any (3) An exploration plan submitted under this person authorized by the Secretary may conduct subsection shall include, in the degree of detail geological and geophysical explorations in the which the Secretary may by regulation re- outer Continental Shelf, which do not interfere quire— (A) a schedule of anticipated exploration ac- with or endanger actual operations under any tivities to be understaken; 1 lease maintained or granted pursuant to this (B) a description of equipment to be used for subchapter, and which are not unduly harmful such activities; to aquatic life in such area. (C) the general location of each well to be (2) The provisions of paragraph (1) of this sub- drilled; and section shall not apply to any person conducting (D) such other information deemed pertinent explorations pursuant to an approved explo- by the Secretary. ration plan on any area under lease to such per- son pursuant to the provisions of this sub- (4) The Secretary may, by regulation, require chapter. that such plan be accompanied by a general statement of development and production inten- (b) Oil and gas exploration tions which shall be for planning purposes only Except as provided in subsection (f) of this sec- and which shall not be binding on any party. tion, beginning ninety days after September 18, (d) Drilling permit 1978, no exploration pursuant to any oil and gas The Secretary may, by regulation, require any lease issued or maintained under this sub- lessee operating under an approved exploration chapter may be undertaken by the holder of plan to obtain a permit prior to drilling any well such lease, except in accordance with the provi- in accordance with such plan. sions of this section. (e) Plan revisions; conduct of exploration activi- (c) Plan approval; State concurrence; plan provi- ties sions (1) If a significant revision of an exploration (1) Except as otherwise provided in this sub- plan approved under this subsection is submit- chapter, prior to commencing exploration pursu- ted to the Secretary, the process to be used for ant to any oil and gas lease issued or maintained the approval of such revision shall be the same under this subchapter, the holder thereof shall as set forth in subsection (c) of this section. submit an exploration plan to the Secretary for (2) All exploration activities pursuant to any approval. Such plan may apply to more than one lease shall be conducted in accordance with an lease held by a lessee in any one region of the approved exploration plan or an approved revi- outer Continental Shelf, or by a group of lessees sion of such plan. acting under a unitization, pooling, or drilling (f) Drilling permits issued and exploration plans agreement, and shall be approved by the Sec- approved within 90-day period after Septem- retary if he finds that such plan is consistent ber 18, 1978 with the provisions of this subchapter, regula- tions prescribed under this subchapter, includ- (1) Exploration activities pursuant to any ing regulations prescribed by the Secretary pur- lease for which a drilling permit has been issued suant to paragraph (8) of section 1334(a) of this or for which an exploration plan has been ap- title, and the provisions of such lease. The Sec- proved, prior to ninety days after September 18, retary shall require such modifications of such 1978, shall be considered in compliance with this plan as are necessary to achieve such consist- section, except that the Secretary may, in ac- ency. The Secretary shall approve such plan, as cordance with section 1334(a)(1)(B) of this title, submitted or modified, within thirty days of its order a suspension or temporary prohibition of submission, except that the Secretary shall dis- any exploration activities and require a revised approve such plan if he determines that (A) any exploration plan. (2) The Secretary may require the holder of a proposed activity under such plan would result lease described in paragraph (1) of this sub- in any condition described in section section to supply a general statement in accord- 1334(a)(2)(A)(i) of this title, and (B) such pro- ance with subsection (c)(4) of this section, or to posed activity cannot be modified to avoid such submit other information. condition. If the Secretary disapproves a plan (3) Nothing in this subsection shall be con- under the preceding sentence, he may, subject to strued to amend the terms of any permit or plan section 1334(a)(2)(B) of this title, cancel such to which this subsection applies. lease and the lessee shall be entitled to com- pensation in accordance with the regulations (g) Determinations requisite to issuance of per- prescribed under section 1334(a)(2)(C)(i) or (ii) of mits this title. Any permit for geological explorations author- (2) The Secretary shall not grant any license ized by this section shall be issued only if the or permit for any activity described in detail in an exploration plan and affecting any land use 1 So in original. Probably should be ‘‘undertaken;’’. § 1341 TITLE 43—PUBLIC LANDS Page 322

Secretary determines, in accordance with regu- (c) National security clause lations issued by the Secretary, that— All leases issued under this subchapter, and (1) the applicant for such permit is qualified; leases, the maintenance and operation of which (2) the exploration will not interfere with or are authorized under this subchapter, shall con- endanger operations under any lease issued or tain or be construed to contain a provision maintained pursuant to this subchapter; and whereby authority is vested in the Secretary, (3) such exploration will not be unduly upon a recommendation of the Secretary of De- harmful to aquatic life in the area, result in fense, during a state of war or national emer- pollution, create hazardous or unsafe condi- gency declared by the Congress or the President tions, unreasonably interfere with other uses of the United States after August 7, 1953, to sus- of the area, or disturb any site, structure, or pend operations under any lease; and all such object of historical or archeological signifi- leases shall contain or be construed to contain cance. provisions for the payment of just compensation (h) Lands beneath navigable waters adjacent to to the lessee whose operations are thus sus- Phillip Burton Wilderness pended. The Secretary shall not issue a lease or permit (d) National defense areas; suspension of oper- for, or otherwise allow, exploration, develop- ations; extension of leases ment, or production activities within fifteen The United States reserves and retains the miles of the boundaries of the Phillip Burton right to designate by and through the Secretary Wilderness as depicted on a map entitled ‘‘Wil- of Defense, with the approval of the President, derness Plan, Point Reyes National Seashore’’, as areas restricted from exploration and oper- numbered 612–90,000–B and dated September 1976, ation that part of the outer Continental Shelf unless the State of California issues a lease or needed for national defense; and so long as such permit for, or otherwise allows, exploration, de- designation remains in effect no exploration or velopment, or production activities on lands be- operations may be conducted on any part of the neath navigable waters (as such term is defined surface of such area except with the concurrence in section 1301 of this title) of such State which of the Secretary of Defense; and if operations or are adjacent to such Wilderness. production under any lease theretofore issued on (Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469; Pub. L. lands within any such restricted area shall be 95–372, title II, § 206, Sept. 18, 1978, 92 Stat. 647; suspended, any payment of rentals, minimum Pub. L. 99–68, § 1(c), July 19, 1985, 99 Stat. 166.) royalty, and royalty prescribed by such lease likewise shall be suspended during such period AMENDMENTS of suspension of operation and production, and 1978—Pub. L. 95–372 designated existing provisions as the term of such lease shall be extended by add- subsec. (a)(1) and added subsecs. (a)(2) to (h). ing thereto any such suspension period, and the United States shall be liable to the lessee for CHANGE OF NAME such compensation as is required to be paid ‘‘Phillip Burton Wilderness’’ was substituted for under the Constitution of the United States. ‘‘Point Reyes Wilderness’’ in subsec. (h), pursuant to section 1(c) of Pub. L. 99–68. (e) Source materials essential to production of fissionable materials TRANSFER OF FUNCTIONS All uranium, thorium, and all other materials Functions of Secretary of the Interior to promulgate determined pursuant to paragraph (1) of sub- regulations under this subchapter which relate to fos- section (b) of section 5 of the Atomic Energy Act tering of competition for Federal leases, implementa- of 1946, as amended, to be peculiarly essential to tion of alternative bidding systems authorized for award of Federal leases, establishment of diligence re- the production of fissionable material, con- quirements for operations conducted on Federal leases, tained, in whatever concentration, in deposits in setting of rates for production of Federal leases, and the subsoil or seabed of the outer Continental specifying of procedures, terms, and conditions for ac- Shelf are reserved for the use of the United quisition and disposition of Federal royalty interests States. taken in kind, transferred to Secretary of Energy by (f) Helium ownership; rules and regulations gov- section 7152(b) of Title 42, The Public Health and Wel- fare. Section 7152(b) of Title 42 was repealed by Pub. L. erning extraction 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- The United States reserves and retains the tions of Secretary of Energy returned to Secretary of ownership of and the right to extract all helium, the Interior. See House Report No. 97–315, pp. 25, 26, under such rules and regulations as shall be pre- Nov. 5, 1981. scribed by the Secretary, contained in gas pro- § 1341. Reservation of lands and rights duced from any portion of the outer Continental Shelf which may be subject to any lease main- (a) Withdrawal of unleased lands by President tained or granted pursuant to this subchapter, The President of the United States may, from but the helium shall be extracted from such gas time to time, withdraw from disposition any of so as to cause no substantial delay in the deliv- the unleased lands of the outer Continental ery of gas produced to the purchaser of such gas. Shelf. (Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.) (b) First refusal of mineral purchases REFERENCES IN TEXT In time of war, or when the President shall so Paragraph (1) of subsection (b) of section 5 of the prescribe, the United States shall have the right Atomic Energy Act of 1946, as amended, referred to in of first refusal to purchase at the market price subsec. (e), is par. (1) of section 5(b) of act Aug. 1, 1946, all or any portion of any mineral produced from ch. 724, 60 Stat. 755, which was classified to section 1805 the outer Continental Shelf. of Title 42, The Public Health and Welfare, prior to the Page 323 TITLE 43—PUBLIC LANDS § 1344 general amendment of the Atomic Energy Act of 1946 (C) the location of such regions with re- by act Aug. 30, 1954, ch. 1073, 68 Stat. 921. See section spect to, and the relative needs of, regional 2014(z) of Title 42. and national energy markets; KEY LARGO CORAL REEF PRESERVE (D) the location of such regions with re- Withdrawal of area designated Key Largo Coral Reef spect to other uses of the sea and seabed, in- Preserve from disposition, see Proc. No. 3339, Mar. 15, cluding fisheries, navigation, existing or 1960, 25 F.R. 2352, set out as a note under section 461 of proposed sealanes, potential sites of deep- Title 16, Conservation. water ports, and other anticipated uses of the resources and space of the outer Con- § 1342. Prior claims as unaffected tinental Shelf; Nothing herein contained shall affect such (E) the interest of potential oil and gas rights, if any, as may have been acquired under producers in the development of oil and gas any law of the United States by any person in resources as indicated by exploration or lands subject to this subchapter and such rights, nomination; if any, shall be governed by the law in effect at (F) laws, goals, and policies of affected the time they may have been acquired: Provided, States which have been specifically identi- however, That nothing herein contained is in- fied by the Governors of such States as rel- tended or shall be construed as a finding, inter- evant matters for the Secretary’s consider- pretation, or construction by the Congress that ation; the law under which such rights may be claimed (G) the relative environmental sensitivity in fact applies to the lands subject to this sub- and marine productivity of different areas of chapter or authorizes or compels the granting of the outer Continental Shelf; and such rights in such lands, and that the deter- (H) relevant environmental and predictive mination of the applicability or effect of such information for different areas of the outer law shall be unaffected by anything herein con- Continental Shelf. tained. (3) The Secretary shall select the timing and (Aug. 7, 1953, ch. 345, § 14, 67 Stat. 470.) location of leasing, to the maximum extent § 1343. Repealed. Pub. L. 105–362, title IX, practicable, so as to obtain a proper balance § 901(l)(1), Nov. 10, 1998, 112 Stat. 3290 between the potential for environmental dam- age, the potential for the discovery of oil and Section, acts Aug. 7, 1953, ch. 345, § 15, 67 Stat. 470; Pub. L. 95–372, title II, § 207, Sept. 18, 1978, 92 Stat. 648; gas, and the potential for adverse impact on Pub. L. 99–367, § 2(a), July 31, 1986, 100 Stat. 774, related the coastal zone. to Secretary’s annual report to Congress concerning (4) Leasing activities shall be conducted to outer Continental Shelf leasing and production pro- assure receipt of fair market value for the gram and promotion of competition in leasing. lands leased and the rights conveyed by the Federal Government. § 1344. Outer Continental Shelf leasing program (b) Estimates of appropriations and staff re- (a) Schedule of proposed oil and gas lease sales quired for management of leasing program The Secretary, pursuant to procedures set The leasing program shall include estimates of forth in subsections (c) and (d) of this section, the appropriations and staff required to— shall prepare and periodically revise, and main- (1) obtain resource information and any tain an oil and gas leasing program to imple- other information needed to prepare the leas- ment the policies of this subchapter. The leasing program shall consist of a schedule of proposed ing program required by this section; lease sales indicating, as precisely as possible, (2) analyze and interpret the exploratory the size, timing, and location of leasing activity data and any other information which may be which he determines will best meet national en- compiled under the authority of this sub- ergy needs for the five-year period following its chapter; approval or reapproval. Such leasing program (3) conduct environmental studies and pre- shall be prepared and maintained in a manner pare any environmental impact statement re- consistent with the following principles: quired in accordance with this subchapter and (1) Management of the outer Continental with section 4332(2)(C) of title 42; and Shelf shall be conducted in a manner which (4) supervise operations conducted pursuant considers economic, social, and environmental to each lease in the manner necessary to as- values of the renewable and nonrenewable re- sure due diligence in the exploration and de- sources contained in the outer Continental velopment of the lease area and compliance Shelf, and the potential impact of oil and gas with the requirements of applicable law and exploration on other resource values of the regulations, and with the terms of the lease. outer Continental Shelf and the marine, coast- (c) Suggestions from Federal agencies and af- al, and human environments. fected State and local governments; submis- (2) Timing and location of exploration, de- sion of proposed program to Governors of af- velopment, and production of oil and gas fected States and Congress; publication in among the oil- and gas-bearing physiographic Federal Register regions of the outer Continental Shelf shall be based on a consideration of— (1) During the preparation of any proposed (A) existing information concerning the leasing program under this section, the Sec- geographical, geological, and ecological retary shall invite and consider suggestions for characteristics of such regions; such program from any interested Federal agen- (B) an equitable sharing of developmental cy, including the Attorney General, in consulta- benefits and environmental risks among the tion with the Federal Trade Commission, and various regions; from the Governor of any State which may be- § 1344 TITLE 43—PUBLIC LANDS Page 324 come an affected State under such proposed pro- such program is approved and for so long there- gram. The Secretary may also invite or consider after as such program is under judicial or ad- any suggestions from the executive of any af- ministrative review pursuant to the provisions fected local government in such an affected of this subchapter. State, which have been previously submitted to (e) Review, revision, and reapproval of program the Governor of such State, and from any other The Secretary shall review the leasing pro- person. gram approved under this section at least once (2) After such preparation and at least sixty each year. He may revise and reapprove such days prior to publication of a proposed leasing program, at any time, and such revision and re- program in the Federal Register pursuant to approval, except in the case of a revision which paragraph (3) of this subsection, the Secretary is not significant, shall be in the same manner shall submit a copy of such proposed program to as originally developed. the Governor of each affected State for review and comment. The Governor may solicit com- (f) Procedural regulations for management of ments from those executives of local govern- program ments in his State which he, in his discretion, The Secretary shall, by regulation, establish determines will be affected by the proposed pro- procedures for— gram. If any comment by such Governor is re- (1) receipt and consideration of nominations ceived by the Secretary at least fifteen days for any area to be offered for lease or to be ex- prior to submission to the Congress pursuant to cluded from leasing; such paragraph (3) and includes a request for (2) public notice of and participation in de- any modification of such proposed program, the velopment of the leasing program; Secretary shall reply in writing, granting or de- (3) review by State and local governments nying such request in whole or in part, or grant- which may be impacted by the proposed leas- ing such request in such modified form as the ing; Secretary considers appropriate, and stating his (4) periodic consultation with State and reasons therefor. All such correspondence be- local governments, oil and gas lessees and per- tween the Secretary and the Governor of any af- mittees, and representatives of other individ- fected State, together with any additional infor- uals or organizations engaged in activity in or mation and data relating thereto, shall accom- on the outer Continental Shelf, including pany such proposed program when it is submit- those involved in fish and shellfish recovery, ted to the Congress. and recreational activities; and (3) Within nine months after September 18, (5) consideration of the coastal zone manage- 1978, the Secretary shall submit a proposed leas- ment program being developed or adminis- ing program to the Congress, the Attorney Gen- tered by an affected coastal State pursuant to eral, and the Governors of affected States, and section 1454 or section 1455 of title 16. shall publish such proposed program in the Fed- Such procedures shall be applicable to any sig- eral Register. Each Governor shall, upon re- nificant revision or reapproval of the leasing quest, submit a copy of the proposed leasing pro- program. gram to the executive of any local government affected by the proposed program. (g) Information from public and private sources; confidentiality of classified or privileged (d) Comments by Attorney General on antici- data pated effect on competition; comments by State or local governments; submission of The Secretary may obtain from public program to President and Congress; issuance sources, or purchase from private sources, any of leases in accordance with program survey, data, report, or other information (in- cluding interpretations of such data, survey, re- (1) Within ninety days after the date of publi- port, or other information) which may be nec- cation of a proposed leasing program, the Attor- essary to assist him in preparing any environ- ney General may, after consultation with the mental impact statement and in making other Federal Trade Commission, submit comments evaluations required by this subchapter. Data of on the anticipated effects of such proposed pro- a classified nature provided to the Secretary gram upon competition. Any State, local gov- under the provisions of this subsection shall re- ernment, or other person may submit comments main confidential for such period of time as and recommendations as to any aspect of such agreed to by the head of the department or proposed program. agency from whom the information is requested. (2) At least sixty days prior to approving a The Secretary shall maintain the confidential- proposed leasing program, the Secretary shall ity of all privileged or proprietary data or infor- submit it to the President and the Congress, to- mation for such period of time as is provided for gether with any comments received. Such sub- in this subchapter, established by regulation, or mission shall indicate why any specific recom- agreed to by the parties. mendation of the Attorney General or a State or (h) Information from all Federal departments local government was not accepted. and agencies; confidentiality of privileged or (3) After the leasing program has been ap- proprietary information proved by the Secretary, or after eighteen months following September 18, 1978, whichever The heads of all Federal departments and first occurs, no lease shall be issued unless it is agencies shall provide the Secretary with any for an area included in the approved leasing pro- nonpriviledged 1 or nonproprietary information gram and unless it contains provisions consist- he requests to assist him in preparing the leas- ent with the approved leasing program, except that leasing shall be permitted to continue until 1 So in original. Probably should be ‘‘nonprivileged’’. Page 325 TITLE 43—PUBLIC LANDS § 1346 ing program and may provide the Secretary Governor to provide for a reasonable balance be- with any privileged or proprietary information tween the national interest and the well-being he requests to assist him in preparing the leas- of the citizens of the affected State. ing program. Privileged or proprietary informa- (d) Finality of acceptance or rejection of recom- tion provided to the Secretary under the provi- mendations sions of this subsection shall remain confiden- The Secretary’s determination that recom- tial for such period of time as agreed to by the mendations provide, or do not provide, for a rea- head of the department or agency from whom sonable balance between the national interest the information is requested. In addition, the and the well-being of the citizens of the affected Secretary shall utilize the existing capabilities State shall be final and shall not, alone, be a and resources of such Federal departments and basis for invalidation of a proposed lease sale or agencies by appropriate agreement. a proposed development and production plan in (Aug. 7, 1953, ch. 345, § 18, as added Pub. L. 95–372, any suit or judicial review pursuant to section title II, § 208, Sept. 18, 1978, 92 Stat. 649.) 1349 of this title, unless found to be arbitrary or capricious. TRANSFER OF FUNCTIONS (e) Cooperative agreements Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fos- The Secretary is authorized to enter into co- tering of competition for Federal leases, implementa- operative agreements with affected States for tion of alternative bidding systems authorized for purposes which are consistent with this sub- award of Federal leases, establishment of diligence re- chapter and other applicable Federal law. Such quirements for operations conducted on Federal leases, agreements may include, but need not be lim- setting of rates for production of Federal leases, and ited to, the sharing of information (in accord- specifying of procedures, terms, and conditions for ac- ance with the provisions of section 1352 of this quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by title), the joint utilization of available exper- section 7152(b) of Title 42, The Public Health and Wel- tise, the facilitating of permitting procedures, fare. Section 7152(b) of Title 42 was repealed by Pub. L. joint planning and review, and the formation of 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- joint surveillance and monitoring arrangements tions of Secretary of Energy returned to Secretary of to carry out applicable Federal and State laws, the Interior. See House Report No. 97–315, pp. 25, 26, regulations, and stipulations relevant to outer Nov. 5, 1981. Continental Shelf operations both onshore and offshore. § 1345. Coordination and consultation with af- fected State and local governments (Aug. 7, 1953, ch. 345, § 19, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 652.) (a) Recommendations regarding size, time, or lo- cation of proposed lease sales § 1346. Environmental studies Any Governor of any affected State or the ex- (a) Information for assessment and management ecutive of any affected local government in such of impacts on environment; time for study; State may submit recommendations to the Sec- impacts on marine biota from pollution or retary regarding the size, timing, or location of large spills a proposed lease sale or with respect to a pro- (1) The Secretary shall conduct a study of any posed development and production plan. Prior to area or region included in any oil and gas lease submitting recommendations to the Secretary, sale or other lease in order to establish informa- the executive of any affected local government tion needed for assessment and management of in any affected State must forward his recom- environmental impacts on the human, marine, mendations to the Governor of such State. and coastal environments of the outer Continen- (b) Time for submission of recommendations tal Shelf and the coastal areas which may be af- Such recommendations shall be submitted fected by oil and gas or other mineral develop- within sixty days after notice of such proposed ment in such area or region. lease sale or after receipt of such development (2) Each study required by paragraph (1) of and production plan. this subsection shall be commenced not later than six months after September 18, 1978, with (c) Acceptance or rejection of recommendations respect to any area or region where a lease sale The Secretary shall accept recommendations has been held or announced by publication of a of the Governor and may accept recommenda- notice of proposed lease sale before September tions of the executive of any affected local gov- 18, 1978, and not later than six months prior to ernment if he determines, after having provided the holding of a lease sale with respect to any the opportunity for consultation, that they pro- area or region where no lease sale has been held vide for a reasonable balance between the na- or scheduled before September 18, 1978. In the tional interest and the well-being of the citizens case of an agreement under section 1337(k)(2) of of the affected State. For purposes of this sub- this title, each study required by paragraph (1) section, a determination of the national interest of this subsection shall be commenced not later shall be based on the desirability of obtaining than 6 months prior to commencing negotia- oil and gas supplies in a balanced manner and on tions for such agreement or the entering into the findings, purposes, and policies of this sub- the memorandum of agreement as the case may chapter. The Secretary shall communicate to be. The Secretary may utilize information col- the Governor, in writing, the reasons for his de- lected in any study prior to September 18, 1978. termination to accept or reject such Governor’s (3) In addition to developing environmental in- recommendations, or to implement any alter- formation, any study of an area or region, to the native means identified in consultation with the extent practicable, shall be designed to predict § 1347 TITLE 43—PUBLIC LANDS Page 326 impacts on the marine biota which may result extent practicable, enter into appropriate ar- from chronic low level pollution or large spills rangements to utilize on a reimbursable basis associated with outer Continental Shelf produc- the capabilities of the Department of Com- tion, from the introduction of drill cuttings and merce. In carrying out such arrangements, the drilling muds in the area, and from the laying of Secretary of Commerce is authorized to enter pipe to serve the offshore production area, and into contracts or grants with any person, orga- the impacts of development offshore on the af- nization, or entity with funds appropriated to fected and coastal areas. the Secretary of the Interior pursuant to this (b) Additional studies subsequent to leasing and subchapter. development of area (Aug. 7, 1953, ch. 345, § 20, as added Pub. L. 95–372, Subsequent to the leasing and developing of title II, § 208, Sept. 18, 1978, 92 Stat. 653; amended any area or region, the Secretary shall conduct Pub. L. 103–426, § 1(b), Oct. 31, 1994, 108 Stat. 4371; such additional studies to establish environ- Pub. L. 104–66, title I, § 1082(b), Dec. 21, 1995, 109 mental information as he deems necessary and Stat. 722.) shall monitor the human, marine, and coastal environments of such area or region in a manner AMENDMENTS designed to provide time-series and data trend 1995—Subsec. (e). Pub. L. 104–66 substituted ‘‘every 3 information which can be used for comparison fiscal years’’ for ‘‘each fiscal year’’. with any previously collected data for the pur- 1994—Subsec. (a)(1). Pub. L. 103–426, § 1(b)(1), inserted pose of identifying any significant changes in ‘‘or other lease’’ after ‘‘any oil and gas lease sale’’ and ‘‘or other mineral’’ after ‘‘affected by oil and gas’’. the quality and productivity of such environ- Subsec. (a)(2). Pub. L. 103–426, § 1(b)(2), inserted before ments, for establishing trends in the areas stud- last sentence ‘‘In the case of an agreement under sec- ied and monitored, and for designing experi- tion 1337(k)(2) of this title, each study required by para- ments to identify the causes of such changes. graph (1) of this subsection shall be commenced not (c) Procedural regulations for conduct of studies; later than 6 months prior to commencing negotiations cooperation with affected States; utilization for such agreement or the entering into the memoran- of information from Federal, State and local dum of agreement as the case may be.’’ governments and agencies TERMINATION OF REPORTING REQUIREMENTS The Secretary shall, by regulation, establish For termination, effective May 15, 2000, of provisions procedures for carrying out his duties under this of law requiring submittal to Congress of any annual, section, and shall plan and carry out such duties semiannual, or other regular periodic report listed in in full cooperation with affected States. To the House Document No. 103–7 (in which the 15th item on extent that other Federal agencies have pre- page 111 identifies a reporting provision which, as sub- pared environmental impact statements, are sequently amended, is contained in subsec. (e) of this section), see section 3003 of Pub. L. 104–66, as amended, conducting studies, or are monitoring the af- set out as a note under section 1113 of Title 31, Money fected human, marine, or coastal environment, and Finance. the Secretary may utilize the information de- rived therefrom in lieu of directly conducting § 1347. Safety and health regulations such activities. The Secretary may also utilize (a) Joint study of adequacy of existing safety and information obtained from any State or local health regulations; submission to President government, or from any person, for the pur- and Congress poses of this section. For the purpose of carrying out his responsibilities under this section, the Upon September 18, 1978, the Secretary and Secretary may by agreement utilize, with or the Secretary of the Department in which the without reimbursement, the services, personnel, Coast Guard is operating shall, in consultation or facilities of any Federal, State, or local gov- with each other and, as appropriate, with the ernment agency. heads of other Federal departments and agen- cies, promptly commence a joint study of the (d) Consideration of relevant environmental in- adequacy of existing safety and health regula- formation in developing regulations, lease tions and of the technology, equipment, and conditions and operating orders techniques available for the exploration, devel- The Secretary shall consider available rel- opment, and production of the minerals of the evant environmental information in making de- outer Continental Shelf. The results of such cisions (including those relating to exploration study shall be submitted to the President who plans, drilling permits, and development and shall submit a plan to the Congress of his pro- production plans), in developing appropriate reg- posals to promote safety and health in the ex- ulations and lease conditions, and in issuing op- ploration, development, and production of the erating orders. minerals of the outer Continental Shelf. (e) Assessment of cumulative effects of activities (b) Use of best available and safest economically on environment; submission to Congress feasible technologies As soon as practicable after the end of every 3 In exercising their respective responsibilities fiscal years, the Secretary shall submit to the for the artificial islands, installations, and other Congress and make available to the general pub- devices referred to in section 1333(a)(1) of this lic an assessment of the cumulative effect of ac- title, the Secretary, and the Secretary of the tivities conducted under this subchapter on the Department in which the Coast Guard is operat- human, marine, and coastal environments. ing, shall require, on all new drilling and pro- (f) Utilization of capabilities of Department of duction operations and, wherever practicable, on Commerce existing operations, the use of the best available In executing his responsibilities under this and safest technologies which the Secretary de- section, the Secretary shall, to the maximum termines to be economically feasible, wherever Page 327 TITLE 43—PUBLIC LANDS § 1348 failure of equipment would have a significant ef- and functions of the Secretary of Transportation relat- fect on safety, health, or the environment, ex- ing thereto, to the Department of Homeland Security, cept where the Secretary determines that the and for treatment of related references, see sections incremental benefits are clearly insufficient to 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- justify the incremental costs of utilizing such ganization Plan of November 25, 2002, as modified, set technologies. out as a note under section 542 of Title 6. (c) Regulations applying to unregulated hazard- ous working conditions § 1348. Enforcement of safety and environmental regulations The Secretary of the Department in which the Coast Guard is operating shall promulgate regu- (a) Utilization of Federal departments and agen- lations or standards applying to unregulated cies hazardous working conditions related to activi- The Secretary, the Secretary of the Depart- ties on the outer Continental Shelf when he de- ment in which the Coast Guard is operating, and termines such regulations or standards are nec- the Secretary of the Army shall enforce safety essary. The Secretary of the Department in and environmental regulations promulgated which the Coast Guard is operating may from pursuant to this subchapter. Each such Federal time to time modify any regulations, interim or department may by agreement utilize, with or final, dealing with hazardous working condi- without reimbursement, the services, personnel, tions on the outer Continental Shelf. or facilities of other Federal departments and (d) Application of other laws agencies for the enforcement of their respective Nothing in this subchapter shall affect the au- regulations. thority provided by law to the Secretary of (b) Duties of holders of lease or permit Labor for the protection of occupational safety It shall be the duty of any holder of a lease or and health, the authority provided by law to the permit under this subchapter to— Administrator of the Environmental Protection (1) maintain all places of employment within Agency for the protection of the environment, the lease area or within the area covered by or the authority provided by law to the Sec- such permit in compliance with occupational retary of Transportation with respect to pipe- safety and health standards and, in addition, line safety. free from recognized hazards to employees of (e) Studies of underwater diving techniques and the lease holder or permit holder or of any equipment contractor or subcontractor operating within The Secretary of Commerce, in cooperation such lease area or within the area covered by with the Secretary of the Department in which such permit on the outer Continental Shelf; the Coast Guard is operating, and the Director (2) maintain all operations within such lease of the National Institute of Occupational Safety area or within the area covered by such permit and Health, shall conduct studies of underwater in compliance with regulations intended to diving techniques and equipment suitable for protect persons, property, and the environ- protection of human safety and improvement of ment on the outer Continental Shelf; and diver performance. Such studies shall include, (3) allow prompt access, at the site of any but need not be limited to, decompression and operation subject to safety regulations, to any excursion table development and improvement inspector, and to provide such documents and and all aspects of diver physiological restraints records which are pertinent to occupational or and protective gear for exposure to hostile envi- public health, safety, or environmental protec- ronments. tion, as may be requested. (f) Coordination and consultation with Federal (c) Onsite inspection of facilities departments and agencies; availability to in- The Secretary and the Secretary of the De- terested persons of compilation of safety reg- partment in which the Coast Guard is operating ulations shall individually, or jointly if they so agree, (1) In administering the provisions of this sec- promulgate regulations to provide for— tion, the Secretary shall consult and coordinate (1) scheduled onsite inspection, at least once with the heads of other appropriate Federal de- a year, of each facility on the outer Continen- partments and agencies for purposes of assuring tal Shelf which is subject to any environ- that, to the maximum extent practicable, incon- mental or safety regulation promulgated pur- sistent or duplicative requirements are not im- suant to this subchapter, which inspection posed. shall include all safety equipment designed to (2) The Secretary shall make available to any prevent or ameliorate blowouts, fires, spill- interested person a compilation of all safety and ages, or other major accidents; and other regulations which are prepared and pro- (2) periodic onsite inspection without ad- mulgated by any Federal department or agency vance notice to the operator of such facility to and applicable to activities on the outer Con- assure compliance with such environmental or tinental Shelf. Such compilation shall be re- safety regulations. vised and updated annually. (d) Investigation and report on major fires, oil spills, death, or serious injury (Aug. 7, 1953, ch. 345, § 21, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 654.) (1) The Secretary or the Secretary of the De- partment in which the Coast Guard is operating TRANSFER OF FUNCTIONS shall make an investigation and public report on For transfer of authorities, functions, personnel, and each major fire and each major oil spillage oc- assets of the Coast Guard, including the authorities curring as a result of operations conducted pur- § 1349 TITLE 43—PUBLIC LANDS Page 328 suant to this subchapter, and may, in his discre- ganization Plan of November 25, 2002, as modified, set tion, make an investigation and report of lesser out as a note under section 542 of Title 6. oil spillages. For purposes of this subsection, a REPORT AND RECOMMENDATIONS BY SECRETARY TO major oil spillage is any spillage in one instance CONGRESS FOR TRAINING PROGRAM of more than two hundred barrels of oil during Pub. L. 95–372, title VI, § 607, Sept. 18, 1978, 92 Stat. a period of thirty days. All holders of leases or 697, required the Secretary of the Interior, in consulta- permits issued or maintained under this sub- tion with the Secretary of the Department in which the chapter shall cooperate with the appropriate Coast Guard is operating, not later than ninety days Secretary in the course of any such investiga- after Sept. 18, 1978, to prepare and submit to the Con- tion. gress a training program report concerning individuals (2) The Secretary or the Secretary of the De- employed on any artificial island, installation, or other partment in which the Coast Guard is operating device located on the Outer Continental Shelf and who, shall make an investigation and public report on as part of their employment, operate or supervise the operation of pollution-prevention equipment. any death or serious injury occurring as a result of operations conducted pursuant to this sub- § 1349. Citizens suits, jurisdiction and judicial re- chapter, and may, in his discretion, make an in- view vestigation and report of any injury. For pur- poses of this subsection, a serious injury is one (a) Persons who may bring actions; persons resulting in substantial impairment of any bod- against whom action may be brought; time of ily unit or function. All holders of leases or per- action; intervention by Attorney General; mits issued or maintained under this subchapter costs and fees; security shall cooperate with the appropriate Secretary (1) Except as provided in this section, any per- in the course of any such investigation. son having a valid legal interest which is or may (e) Review of allegations of violations be adversely affected may commence a civil ac- tion on his own behalf to compel compliance The Secretary, or, in the case of occupational with this subchapter against any person, includ- safety and health, the Secretary of the Depart- ing the United States, and any other govern- ment in which the Coast Guard is operating, ment instrumentality or agency (to the extent may review any allegation from any person of permitted by the eleventh amendment to the the existence of a violation of a safety regula- Constitution) for any alleged violation of any tion issued under this subchapter. provision of this subchapter or any regulation (f) Summoning of witnesses and production of promulgated under this subchapter, or of the evidence terms of any permit or lease issued by the Sec- In any investigation conducted pursuant to retary under this subchapter. this section, the Secretary or the Secretary of (2) Except as provided in paragraph (3) of this the Department in which the Coast Guard is op- subsection, no action may be commenced under erating shall have power to summon witnesses subsection (a)(1) of this section— and to require the production of books, papers, (A) prior to sixty days after the plaintiff has documents, and any other evidence. Attendance given notice of the alleged violation, in writ- of witnesses or the production of books, papers, ing under oath, to the Secretary and any other documents, or any other evidence shall be com- appropriate Federal official, to the State in pelled by a similar process, as in the district which the violation allegedly occurred or is courts of the United States. Such Secretary, or occurring, and to any alleged violator; or his designee, shall administer all necessary (B) if the Attorney General has commenced oaths to any witnesses summoned before such and is diligently prosecuting a civil action in investigation. a court of the United States or a State with respect to such matter, but in any such action (Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372, in a court of the United States any person title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended having a legal interest which is or may be ad- Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998, versely affected may intervene as a matter of 112 Stat. 3290.) right. AMENDMENTS (3) An action may be brought under this sub- 1998—Subsec. (g). Pub. L. 105–362 struck out subsec. section immediately after notification of the al- (g) which read as follows: ‘‘The Secretary shall, after leged violation in any case in which the alleged consultation with the Secretary of the Department in violation constitutes an imminent threat to the which the Coast Guard is operating, include in his an- public health or safety or would immediately af- nual report to the Congress required by section 1343 of this title the number of violations of safety regulations fect a legal interest of the plaintiff. reported or alleged, any investigations undertaken, the (4) In any action commenced pursuant to this results of such investigations, and any administrative section, the Attorney General, upon the request or judicial action taken as a result of such investiga- of the Secretary or any other appropriate Fed- tions, and the results of the diving studies conducted eral official, may intervene as a matter of right. under section 1347(e) of this title.’’ (5) A court, in issuing any final order in any TRANSFER OF FUNCTIONS action brought pursuant to subsection (a)(1) or subsection (c) of this section, may award costs For transfer of authorities, functions, personnel, and of litigation, including reasonable attorney and assets of the Coast Guard, including the authorities expert witness fees, to any party, whenever such and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, court determines such award is appropriate. The and for treatment of related references, see sections court may, if a temporary restraining order or 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- preliminary injunction is sought, require the fil- rity, and the Department of Homeland Security Reor- ing of a bond or equivalent security in a suffi- Page 329 TITLE 43—PUBLIC LANDS § 1350 cient amount to compensate for any loss or (4) Any action of the Secretary specified in damage suffered, in accordance with the Federal paragraph (1) or (2) shall only be subject to re- Rules of Civil Procedure. view pursuant to the provisions of this sub- (6) Except as provided in subsection (c) of this section, and shall be specifically excluded from section, all suits challenging actions or deci- citizen suits which are permitted pursuant to sions allegedly in violation of, or seeking en- subsection (a) of this section. forcement of, the provisions of this subchapter, (5) The Secretary shall file in the appropriate or any regulation promulgated under this sub- court the record of any public hearings required chapter, or the terms of any permit or lease is- by this subchapter and any additional informa- sued by the Secretary under this subchapter, tion upon which the Secretary based his deci- shall be undertaken in accordance with the pro- sion, as required by section 2112 of title 28. Spe- cedures described in this subsection. Nothing in cific objections to the action of the Secretary this section shall restrict any right which any shall be considered by the court only if the is- person or class of persons may have under any sues upon which such objections are based have other Act or common law to seek appropriate been submitted to the Secretary during the ad- relief. ministrative proceedings related to the actions (b) Jurisdiction and venue of actions involved. (1) Except as provided in subsection (c) of this (6) The court of appeals conducting a proceed- section, the district courts of the United States ing pursuant to this subsection shall consider shall have jurisdiction of cases and controver- the matter under review solely on the record sies arising out of, or in connection with (A) any made before the Secretary. The findings of the operation conducted on the outer Continental Secretary, if supported by substantial evidence Shelf which involves exploration, development, on the record considered as a whole, shall be or production of the minerals, of the subsoil and conclusive. The court may affirm, vacate, or seabed of the outer Continental Shelf, or which modify any order or decision or may remand the involves rights to such minerals, or (B) the can- proceedings to the Secretary for such further ac- cellation, suspension, or termination of a lease tion as it may direct. or permit under this subchapter. Proceedings (7) Upon the filing of the record with the with respect to any such case or controversy court, pursuant to paragraph (5), the jurisdic- may be instituted in the judicial district in tion of the court shall be exclusive and its judg- which any defendant resides or may be found, or ment shall be final, except that such judgment in the judicial district of the State nearest the shall be subject to review by the Supreme Court place the cause of action arose. of the United States upon writ of certiorari. (2) Any resident of the United States who is (Aug. 7, 1953, ch. 345, § 23, as added Pub. L. 95–372, injured in any manner through the failure of title II, § 208, Sept. 18, 1978, 92 Stat. 657; amended any operator to comply with any rule, regula- Pub. L. 98–620, title IV, § 402(44), Nov. 8, 1984, 98 tion, order, or permit issued pursuant to this Stat. 3360.) subchapter may bring an action for damages (in- cluding reasonable attorney and expert witness REFERENCES IN TEXT fees) only in the judicial district having juris- The Federal Rules of Civil Procedure, referred to in diction under paragraph (1) of this subsection. subsec. (a)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. (c) Review of Secretary’s approval of leasing pro- gram; review of approval, modification or AMENDMENTS disapproval of exploration or production 1984—Subsec. (d). Pub. L. 98–620 struck out subsec. (d) plan; persons who may seek review; scope of which provided that except as to causes of action con- review; certiorari to Supreme Court sidered by the court to be of greater importance, any (1) Any action of the Secretary to approve a action under this section would take precedence on the leasing program pursuant to section 1344 of this docket over all other causes of action and would be set for hearing at the earliest practical date and expedited title shall be subject to judicial review only in in every way. the United States Court of Appeal 1 for the Dis- trict of Columbia. EFFECTIVE DATE OF 1984 AMENDMENT (2) Any action of the Secretary to approve, re- Amendment by Pub. L. 98–620 not applicable to cases quire modification of, or disapprove any explo- pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, ration plan or any development and production set out as a note under section 1657 of Title 28, Judici- plan under this subchapter shall be subject to ary and Judicial Procedure. judicial review only in a United States court of § 1350. Remedies and penalties appeals for a circuit in which an affected State is located. (a) Injunctions, restraining orders, etc. (3) The judicial review specified in paragraphs At the request of the Secretary, the Secretary (1) and (2) of this subsection shall be available of the Army, or the Secretary of the Department only to a person who (A) participated in the ad- in which the Coast Guard is operating, the At- ministrative proceedings related to the actions torney General or a United States attorney shall specified in such paragraphs, (B) is adversely af- institute a civil action in the district court of fected or aggrieved by such action, (C) files a pe- the United States for the district in which the tition for review of the Secretary’s action with- affected operation is located for a temporary re- in sixty days after the date of such action, and straining order, injunction, or other appropriate (D) promptly transmits copies of the petition to remedy to enforce any provision of this sub- the Secretary and to the Attorney General. chapter, any regulation or order issued under this subchapter, or any term of a lease, license, 1 So in original. Probably should be ‘‘Appeals’’. or permit issued pursuant to this subchapter. § 1351 TITLE 43—PUBLIC LANDS Page 330

(b) Civil penalties; hearing and the exercise of one shall not preclude the ex- (1) Except as provided in paragraph (2), if any ercise of the others. Further, the remedies and person fails to comply with any provision of this penalties prescribed in this subchapter shall be subchapter, or any term of a lease, license, or in addition to any other remedies and penalties permit issued pursuant to this subchapter, or afforded by any other law or regulation. any regulation or order issued under this sub- (Aug. 7, 1953, ch. 345, § 24, as added Pub. L. 95–372, chapter, after notice of such failure and expira- title II, § 208, Sept. 18, 1978, 92 Stat. 659; amended tion of any reasonable period allowed for correc- Pub. L. 101–380, title VIII, § 8201, Aug. 18, 1990, 104 tive action, such person shall be liable for a civil Stat. 570.) penalty of not more than $20,000 for each day of the continuance of such failure. The Secretary AMENDMENTS may assess, collect, and compromise any such 1990—Subsec. (b). Pub. L. 101–380 substituted ‘‘(1) Ex- penalty. No penalty shall be assessed until the cept as provided in paragraph (2), if any’’ for ‘‘If any’’, person charged with a violation has been given substituted ‘‘$20,000’’ for ‘‘$10,000’’, inserted at end ‘‘The an opportunity for a hearing. The Secretary Secretary shall, by regulation at least every 3 years, shall, by regulation at least every 3 years, ad- adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, just the penalty specified in this paragraph to United States city average) as prepared by the Depart- reflect any increases in the Consumer Price ment of Labor’’, and added par. (2). Index (all items, United States city average) as prepared by the Department of Labor. EFFECTIVE DATE OF 1990 AMENDMENT (2) If a failure described in paragraph (1) con- Amendment by Pub. L. 101–380 applicable to incidents stitutes or constituted a threat of serious, irrep- occurring after Aug. 18, 1990, see section 1020 of Pub. L. arable, or immediate harm or damage to life (in- 101–380, set out as an Effective Date note under section cluding fish and other aquatic life), property, 2701 of Title 33, Navigation and Navigable Waters. any mineral deposit, or the marine, coastal, or TRANSFER OF FUNCTIONS human environment, a civil penalty may be as- sessed without regard to the requirement of ex- For transfer of authorities, functions, personnel, and piration of a period allowed for corrective ac- assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- tion. ing thereto, to the Department of Homeland Security, (c) Criminal penalties and for treatment of related references, see sections Any person who knowingly and willfully (1) 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- violates any provision of this subchapter, any rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set term of a lease, license, or permit issued pursu- out as a note under section 542 of Title 6. ant to this subchapter, or any regulation or order issued under the authority of this sub- § 1351. Oil and gas development and production chapter designed to protect health, safety, or the environment or conserve natural resources, (a) Development and production plans; submis- (2) makes any false statement, representation, sion to Secretary; statement of facilities and or certification in any application, record, re- operation; submission to Governors of af- port, or other document filed or required to be fected States and local governments maintained under this subchapter, (3) falsifies, (1) Prior to development and production pur- tampers with, or renders inaccurate any mon- suant to an oil and gas lease issued after Sep- itoring device or method of record required to be tember 18, 1978, in any area of the outer Con- maintained under this subchapter, or (4) reveals tinental Shelf, other than the Gulf of Mexico, or any data or information required to be kept con- issued or maintained prior to September 18, 1978, fidential by this subchapter shall, upon convic- in any area of the outer Continental Shelf, other tion, be punished by a fine of not more than than the Gulf of Mexico, with respect to which $100,000, or by imprisonment for not more than no oil or gas has been discovered in paying quan- ten years, or both. Each day that a violation tities prior to September 18, 1978, the lessee under clause (1) of this subsection continues, or shall submit a development and production plan each day that any monitoring device or data re- (hereinafter in this section referred to as a corder remains inoperative or inaccurate be- ‘‘plan’’) to the Secretary, for approval pursuant cause of any activity described in clause (3) of to this section. this subsection, shall constitute a separate vio- (2) A plan shall be accompanied by a state- lation. ment describing all facilities and operations, (d) Liability of corporate officers and agents for other than those on the outer Continental Shelf, violations by corporation proposed by the lessee and known by him (whether or not owned or operated by such les- Whenever a corporation or other entity is sub- see) which will be constructed or utilized in the ject to prosecution under subsection (c) of this development and production of oil or gas from section, any officer or agent of such corporation the lease area, including the location and site of or entity who knowingly and willfully author- such facilities and operations, the land, labor, ized, ordered, or carried out the proscribed ac- material, and energy requirements associated tivity shall be subject to the same fines or im- with such facilities and operations, and all envi- prisonment, or both, as provided for under sub- ronmental and safety safeguards to be imple- section (c) of this section. mented. (e) Concurrent and cumulative nature of pen- (3) Except for any privileged or proprietary in- alties formation (as such term is defined in regula- The remedies and penalties prescribed in this tions issued by the Secretary), the Secretary, subchapter shall be concurrent and cumulative within ten days after receipt of a plan and state- Page 331 TITLE 43—PUBLIC LANDS § 1351 ment, shall (A) submit such plan and statement (2) The Secretary may require lessees of tracts to the Governor of any affected State, and, upon for which development and production plans request to the executive of any affected local have not been approved, to submit preliminary government, and (B) make such plan and state- or final plans for their leases, prior to or imme- ment available to any appropriate interstate re- diately after a determination by the Secretary gional entity and the public. that the procedures under the National Environ- (b) Development and production activities in ac- mental Policy Act of 1969 [42 U.S.C. 4321 et seq.] cordance with plan as lease requirement shall commence. After September 18, 1978, no oil and gas lease (f) Plans considered major Federal actions; sub- may be issued pursuant to this subchapter in mission of draft environmental impact state- any region of the outer Continental Shelf, other ment to Governors of affected States and than the Gulf of Mexico, unless such lease re- local governments quires that development and production activi- If approval of a development and production ties be carried out in accordance with a plan plan is found to be a major Federal action, the which complies with the requirements of this Secretary shall transmit the draft environ- section. mental impact statement to the Governor of any affected State, and upon request, to the ex- (c) Scope and contents of plan ecutive of any local government, and shall make A plan may apply to more than one oil and gas such draft available to any appropriate inter- lease, and shall set forth, in the degree of detail state regional entity and the public. established by regulations issued by the Sec- (g) Plans considered nonmajor Federal actions; retary— comments and recommendations from States (1) the specific work to be performed; (2) a description of all facilities and oper- If approval of a development and production ations located on the outer Continental Shelf plan is not found to be a major Federal action, which are proposed by the lessee or known by the Governor of any affected State and the exec- him (whether or not owned or operated by utive of any affected local government shall such lessee) to be directly related to the pro- have sixty days from the date of receipt of the posed development, including the location and plan from the Secretary to submit comments size of such facilities and operations, and the and recommendations. Prior to submitting rec- land, labor, material, and energy requirements ommendations to the Secretary, the executive associated with such facilities and operations; of any affected local government must forward (3) the environmental safeguards to be im- his recommendations to the Governor of his plemented on the outer Continental Shelf and State. Such comments and recommendations how such safeguards are to be implemented; shall be made available to the public upon re- (4) all safety standards to be met and how quest. In addition, any interested person may such standards are to be met; submit comments and recommendations. (5) an expected rate of development and pro- (h) Approval, disapproval or modification of duction and a time schedule for performance; plan; reapplication; periodic review and (1) After reviewing the record of any public (6) such other relevant information as the hearing held with respect to the approval of a Secretary may by regulation require. plan pursuant to the National Environmental (d) State concurrence in land or water zone use Policy Act of 1969 [42 U.S.C. 4321 et seq.] or the in coastal zone of State comments and recommendations submitted The Secretary shall not grant any license or under subsection (g) of this section, the Sec- permit for any activity described in detail in a retary shall, within sixty days after the release plan and affecting any land use or water use in of the final environmental impact statement the coastal zone of a State with a coastal zone prepared pursuant to the National Environ- management program approved pursuant to sec- mental Policy Act of 1969 in accordance with tion 306 of the Coastal Zone Management Act of subsection (e) of this section, or sixty days after 1972 (16 U.S.C. 1455), unless the State concurs or the period provided for comment under sub- is conclusively presumed to concur with the section (g) of this section, approve, disapprove, consistency certification accompanying such or require modifications of the plan. The Sec- plan pursuant to section 307(c)(3)(B)(i) or (ii) of retary shall require modification of a plan if he such Act [16 U.S.C. 1456(c)(3)(B)(i) or (ii)], or the determines that the lessee has failed to make Secretary of Commerce makes the finding au- adequate provision in such plan for safe oper- thorized by section 307(c)(3)(B)(iii) of such Act ations on the lease area or for protection of the [16 U.S.C. 1456(c)(3)(B)(iii)]. human, marine, or coastal environment, includ- ing compliance with the regulations prescribed (e) Declaration of approval of development and by the Secretary pursuant to paragraph (8) of production plan as major Federal action; section 1334(a) of this title. Any modification re- submission of preliminary or final lease quired by the Secretary which involves activi- plans prior to commencement of National ties for which a Federal license or permit is re- Environmental Policy provisions procedures quired and which affects any land use or water (1) At least once the Secretary shall declare use in the coastal zone of a State with a coastal the approval of a development and production zone management program approved pursuant plan in any area or region (as defined by the to section 306 of the Coastal Zone Management Secretary) of the outer Continental Shelf, other Act of 1972 (16 U.S.C. 1455) must receive concur- than the Gulf of Mexico, to be a major Federal rence by such State with respect to the consist- action. ency certification accompanying such plan pur- § 1351 TITLE 43—PUBLIC LANDS Page 332 suant to section 307(c)(3)(B)(i) or (ii) of such Act tions of such plan in accordance with this sub- [16 U.S.C. 1456(c)(3)(B)(i) or (ii)] unless the Sec- section. retary of Commerce makes the finding author- (C) Upon expiration of the five-year period de- ized by section 307(c)(3)(B)(iii) of such Act [16 scribed in subparagraph (B) of this paragraph, U.S.C. 1456(c)(3)(B)(iii)]. The Secretary shall dis- or, in the Secretary’s discretion, at an earlier approve a plan— time upon request of a lessee, if the Secretary (A) if the lessee fails to demonstrate that he has not approved a plan, the Secretary shall can comply with the requirements of this sub- cancel the lease and the lessee shall be entitled chapter or other applicable Federal law, in- to receive compensation in accordance with sec- cluding the regulations prescribed by the Sec- tion 1334(a)(2)(C) of this title. The Secretary retary pursuant to paragraph (8) of section may, at any time within the five-year period de- 1334(a) of this title; scribed in subparagraph (B) of this paragraph, (B) if any of the activities described in detail require the lessee to submit a development and in the plan for which a Federal license or per- production plan for approval, disapproval, or mit is required and which affects any land use modification. If the lessee fails to submit a re- or water use in the coastal zone of a State quired plan expeditiously and in good faith, the with a coastal zone management program ap- Secretary shall find that the lessee has not been proved pursuant to section 306 of the Coastal duly diligent in pursuing his obligations under Zone Management Act of 1972 (16 U.S.C. 1455) the lease, and shall immediately initiate proce- do not receive concurrence by such State with dures to cancel such lease, without compensa- respect to the consistency certification ac- tion, under the provisions of section 1334(c) of companying such plan pursuant to section this title. 307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C. (3) The Secretary shall, from time to time, re- 1456(c)(3)(B)(i) or (ii)] and the Secretary of view each plan approved under this section. Commerce does not make the finding author- Such review shall be based upon changes in ized by section 307(c)(3)(B)(iii) of such Act [16 available information and other onshore or off- U.S.C. 1456(c)(3)(B)(iii)]; shore conditions affecting or impacted by devel- (C) if operations threaten national security opment and production pursuant to such plan. If or national defense; or the review indicates that the plan should be re- (D) if the Secretary determines, because of vised to meet the requirements of this sub- exceptional geological conditions in the lease section, the Secretary shall require such revi- areas, exceptional resource values in the ma- sion. rine or coastal environment, or other excep- (i) Approval of revision of approved plan tional circumstances, that (i) implementation of the plan would probably cause serious harm The Secretary may approve any revision of an or damage to life (including fish and other approved plan proposed by the lessee if he deter- aquatic life), to property, to any mineral de- mines that such revision will lead to greater re- posits (in areas leased or not leased), to the covery of oil and natural gas, improve the effi- national security or defense, or to the marine, ciency, safety, and environmental protection of coastal or human environments, (ii) the threat the recovery operation, is the only means avail- of harm or damage will not disappear or de- able to avoid substantial economic hardship to crease to an acceptable extent within a rea- the lessee, or is otherwise not inconsistent with sonable period of time, and (iii) the advan- the provisions of this subchapter, to the extent tages of disapproving the plan outweigh the such revision is consistent with protection of advantages of development and production. the human, marine, and coastal environments. Any revision of an approved plan which the Sec- (2)(A) If a plan is disapproved— retary determines is significant shall be re- (i) under subparagraph (A) of paragraph (1); viewed in accordance with subsections (d) or through (f) of this section. (ii) under subparagraph (B) of paragraph (1) with respect to a lease issued after approval of (j) Cancellation of lease on failure to submit plan a coastal zone management program pursuant or comply with approved plan to the Coastal Zone Management Act of 1972 Whenever the owner of any lease fails to sub- (16 U.S.C. 1455), mit a plan in accordance with regulations issued the lessee shall not be entitled to compensation under this section, or fails to comply with an ap- because of such disapproval. proved plan, the lease may be canceled in ac- (B) If a plan is disapproved— cordance with section 1334(c) and (d) of this (i) under subparagraph (C) or (D) of para- title. Termination of a lease because of failure graph (1); or to comply with an approved plan, including re- (ii) under subparagraph (B) of paragraph (1) quired modifications or revisions, shall not enti- with respect to a lease issued before approval tle a lessee to any compensation. of a coastal zone management program pursu- (k) Production and transportation of natural gas; ant to the Coastal Zone Management Act of submission of plan to Federal Energy Regu- 1972 [16 U.S.C. 1451 et seq.], and such approval latory Commission; impact statement occurs after the lessee has submitted a plan to If any development and production plan sub- the Secretary, mitted to the Secretary pursuant to this section the term of the lease shall be duly extended, and provides for the production and transportation at any time within five years after such dis- of natural gas, the lessee shall contempora- approval, the lessee may reapply for approval of neously submit to the Federal Energy Regu- the same or a modified plan, and the Secretary latory Commission that portion of such plan shall approve, disapprove, or require modifica- which relates to production of natural gas and Page 333 TITLE 43—PUBLIC LANDS § 1352 the facilities for transportation of natural gas. of, oil or gas pursuant to this subchapter shall The Secretary and the Federal Energy Regu- provide the Secretary access to all data and in- latory Commission shall agree as to which of formation (including processed, analyzed, and them shall prepare an environmental impact interpreted information) obtained from such ac- statement pursuant to the National Environ- tivity and shall provide copies of such data and mental Policy Act of 1969 [42 U.S.C. 4321 et seq.] information as the Secretary may request. Such applicable to such portion of such plan, or con- data and information shall be provided in ac- duct studies as to the effect on the environment cordance with regulations which the Secretary of implementing it. Thereafter, the findings and shall prescribe. recommendations by the agency preparing such (B) If an interpretation provided pursuant to environmental impact statement or conducting subparagraph (A) of this paragraph is made in such studies pursuant to such agreement shall good faith by the lessee or permittee, such les- be adopted by the other agency, and such other see or permittee shall not be held responsible for agency shall not independently prepare another any consequence of the use of or reliance upon environmental impact statement or duplicate such interpretation. such studies with respect to such portion of such (C) Whenever any data and information is pro- plan, but the Federal Energy Regulatory Com- vided to the Secretary, pursuant to subpara- mission, in connection with its review of an ap- graph (A) of this paragraph— plication for a certificate of public convenience (i) by a lessee, in the form and manner of and necessity applicable to such transportation processing which is utilized by such lessee in facilities pursuant to section 717f of title 15, the normal conduct of his business, the Sec- may prepare such environmental studies or retary shall pay the reasonable cost of repro- statement relevant to certification of such ducing such data and information; transportation facilities as have not been cov- (ii) by a lessee, in such other form and man- ered by an environmental impact statement or ner of processing as the Secretary may re- studies prepared by the Secretary. The Sec- quest, the Secretary shall pay the reasonable retary, in consultation with the Federal Energy cost of processing and reproducing such data Regulatory Commission, shall promulgate rules and information; to implement this subsection, but the Federal (iii) by a permittee, in the form and manner Energy Regulatory Commission shall retain sole of processing which is utilized by such permit- authority with respect to rules and procedures tee in the normal conduct of his business, the applicable to the filing of any application with Secretary shall pay such permittee the reason- the Commission and to all aspects of the Com- able cost of reproducing such data and infor- mission’s review of, and action on, any such ap- mation for the Secretary and shall pay at the plication. lowest rate available to any purchaser for (l) Application of provisions to leases in Gulf of processing such data and information the Mexico costs attributable to such processing; and The Secretary may require the provisions of (iv) by a permittee, in such other form and this section to apply to an oil and gas lease is- manner of processing as the Secretary may re- sued or maintained under this subchapter, which quest, the Secretary shall pay such permittee is located in that area of the Gulf of Mexico the reasonable cost of processing and repro- which is adjacent to the State of Florida, as de- ducing such data and information for the Sec- termined pursuant to section 1333(a)(2) of this retary, title. pursuant to such regulations as he may pre- (Aug. 7, 1953, ch. 345, § 25, as added Pub. L. 95–372, scribe. title II, § 208, Sept. 18, 1978, 92 Stat. 659.) (2) Each Federal department and agency shall provide the Secretary with any data obtained by REFERENCES IN TEXT such Federal department or agency pursuant to The National Environmental Policy Act of 1969, re- section 1340 of this title, and any other informa- ferred to in subsecs. (e)(2), (h)(1), and (k), is Pub. L. tion which may be necessary or useful to assist 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is him in carrying out the provisions of this sub- classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classi- chapter. fication of this Act to the Code, see Short Title note (b) Processing, analyzing, and interpreting infor- set out under section 4321 of Title 42 and Tables. mation; availability of summary of data to af- The Coastal Zone Management Act of 1972, referred to fected States and local government 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. (1) Data and information provided to the Sec- 1280, as amended, which is classified generally to chap- retary pursuant to subsection (a) of this section ter 33 (§ 1451 et seq.) of Title 16, Conservation. For com- shall be processed, analyzed, and interpreted by plete classification of this Act to the Code, see Short the Secretary for purposes of carrying out his Title note set out under section 1451 of Title 16 and duties under this subchapter. Tables. (2) As soon as practicable after information § 1352. Oil and gas information program provided to the Secretary pursuant to sub- section (a) of this section is processed, analyzed, (a) Access to data and information obtained by and interpreted, the Secretary shall make avail- lessee or permittee from oil or gas explo- able to the affected States, and upon request, to ration, etc., data obtained by Federal depart- any affected local government, a summary of ment or agency from geological and geo- data designed to assist them in planning for the physical explorations onshore impacts of possible oil and gas develop- (1)(A) Any lessee or permittee conducting any ment and production. Such summary shall in- exploration for, or development or production clude estimates of (A) the oil and gas reserves in § 1352 TITLE 43—PUBLIC LANDS Page 334 areas leased or to be leased, (B) the size and tim- ments as to confidentiality which are set forth ing of development if and when oil or gas, or in regulations prescribed under subsection (c) of both, is found, (C) the location of pipelines, and this section. (D) the general location and nature of onshore (e) Agreement with State to waive defenses and facilities. hold United States harmless from failure to (c) Confidentiality of information; regulations maintain confidentiality of information The Secretary shall prescribe regulations to Prior to transmitting any privileged informa- (1) assure that the confidentiality of privileged tion to any State, or granting such State access or proprietary information received by the Sec- to such information, the Secretary shall enter retary under this section will be maintained, into a written agreement with the Governor of and (2) set forth the time periods and conditions such State in which such State agrees, as a con- which shall be applicable to the release of such dition precedent to receiving or being granted information. Such regulations shall include a access to such information, to waive the de- provision that no such information will be fenses set forth in subsection (f)(2) of this sec- transmitted to any affected State unless the les- tion, and to hold the United States harmless see, or the permittee and all persons to whom from any violations of the regulations pre- such permittee has sold such information under scribed pursuant to subsection (c) of this section promise of confidentiality, agree to such trans- that the State or its employees may commit. mittal. (f) Civil action against United States or State for (d) Transmittal of information to affected State; failure to maintain confidentiality of infor- protection of competitive position mation; certain defenses unavailable (1) The Secretary shall transmit to any af- (1) Whenever any employee of the Federal fected State— Government or of any State reveals information (A) an index, and upon request copies of, all in violation of the regulations prescribed pursu- relevant actual or proposed programs, plans, ant to subsection (c) of this section, the lessee reports, environmental impact statements, or permittee who supplied such information to tract nominations (including negative nomi- the Secretary or to any other Federal official, nations) and other lease sale information, any and any person to whom such lessee or permit- similar type of relevant information, and all tee has sold such information under promise of modifications and revisions thereof and com- confidentiality, may commence a civil action ments thereon, prepared or obtained by the for damages in the appropriate district court of Secretary pursuant to this subchapter, but no the United States against the Federal Govern- information transmitted by the Secretary ment or such State, as the case may be. under this subsection shall identify any par- (2) In any action commenced against the Fed- ticular tract with the name or names of any eral Government or a State pursuant to para- particular party so as not to compromise the graph (1) of this subsection, the Federal Govern- competitive position of any party or parties ment or such State, as the case may be, may not participating in the nominations; raise as a defense (A) any claim of sovereign im- (B)(i) the summary of data prepared by the munity, or (B) any claim that the employee who Secretary pursuant to subsection (b)(2) of this revealed the privileged information which is the section, and (ii) any other processed, analyzed, basis of such suit was acting outside the scope of or interpreted data prepared by the Secretary his employment in revealing such information. pursuant to subsection (b)(1) of this section, (g) Preemption of State law by Federal law unless the Secretary determines that trans- Any provision of State or local law which pro- mittal of such data prepared pursuant to sub- vides for public access to any privileged infor- section (b)(1) of this section would unduly mation received or obtained by any person pur- damage the competitive position of the lessee suant to this subchapter is expressly preempted or permittee who provided the Secretary with by the provisions of this section, to the extent the information which the Secretary had proc- that it applies to such information. essed, analyzed, or interpreted; and (C) any relevant information received by the (h) Failure by State to comply with regulations; Secretary pursuant to subsection (a) of this withholding of information section, subject to any applicable require- If the Secretary finds that any State cannot or ments as to confidentiality which are set forth does not comply with the regulations issued in regulations prescribed under subsection (c) under subsection (c) of this section, he shall of this section. thereafter withhold transmittal and deny in- spection of privileged information to such State (2) Notwithstanding the provisions of any reg- until he finds that such State can and will com- ulation required pursuant to the second sen- ply with such regulations. tence of subsection (c) of this section, the Gov- ernor of any affected State may designate an ap- (Aug. 7, 1953, ch. 345, § 26, as added Pub. L. 95–372, propriate State official to inspect, at a regional title II, § 208, Sept. 18, 1978, 92 Stat. 664.) location which the Secretary shall designate, PAYMENT OF PROCESSING COSTS FOR DATA AND any privileged information received by the Sec- INFORMATION ACQUIRED; PERMITTEES ELIGIBLE retary regarding any activity adjacent to such State, except that no such inspection shall take Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 732, pro- vided that: ‘‘Notwithstanding any other provision of place prior to the sale of a lease covering the law, for data and information acquired in fiscal year area in which such activity was conducted. 1986 or thereafter, by the Secretary, pursuant to sec- Knowledge obtained by such State during such tion 1352(a)(1)(C)(iii) of title 43, United States Code, inspection shall be subject to applicable require- payment shall be made for processing costs to permit- Page 335 TITLE 43—PUBLIC LANDS § 1353 tees with permits issued on or before September 30, no regulated price applies, at its fair market 1985.’’ value. The Secretary shall limit participation in PAYMENT OF COSTS OF REPRODUCING DATA AND any allocation or lottery sale to assure such ac- INFORMATION PROVIDED TO SECRETARY cess and shall publish notice of such allocation or sale, and the terms thereof, at least thirty Pub. L. 99–190, § 101(d) [title I, § 100], Dec. 19, 1985, 99 Stat. 1224, 1232, provided: ‘‘That notwithstanding any days in advance. Such notice shall include quali- other provision of law, when in fiscal year 1986 and fications for participation, the amount of oil to thereafter any permittee provides data and information be sold, and any limitation in the amount of oil to the Secretary pursuant to section 1352(a)(1)(C)(iii) of which any participant may be entitled to pur- title 43, United States Code, the Secretary shall pay chase. only the reasonable cost of reproducing such data and (3) The Secretary may only sell or otherwise information.’’ dispose of oil described in paragraph (1) of this subsection in accordance with any provision of § 1353. Federal purchase and disposition of oil law, or regulations issued in accordance with and gas such provisions, which provide for the Secretary (a) Payment of royalties or net profit shares in of Energy to allocate, transfer, exchange, or sell oil and gas; purchase of oil and gas by oil in amounts or at prices determined by such United States; transfer of title to Federal provision of law or regulations. agencies (c) Sale of gas by United States to public (1) Except as may be necessary to comply with (1) Except as provided in paragraph (2) of this the provisions of sections 1335 and 1336 of this subsection, the Secretary, pursuant to such title, all royalties or net profit shares, or both, terms as he determines, many 1 offer to the pub- accruing to the United States under any oil and lic and sell by competitive bidding for not more gas lease issued or maintained in accordance than its regulated price, or, if no regulated price with this subchapter, shall, on demand of the applies, not less than its fair market value any Secretary, be paid in oil or gas. part of the gas (A) obtained by the United States (2) The United States shall have the right to pursuant to a lease as royalty or net profit purchase not to exceed 162⁄3 per centum by vol- share, or (B) purchased by the United States ume of the oil and gas produced pursuant to a pursuant to subsection (a)(2) of this section. lease issued or maintained in accordance with (2) Whenever, after consultation with and ad- this subchapter, at the regulated price, or, if no vice from the Secretary of Energy, the Federal regulated price applies, at the fair market value Energy Regulatory Commission determines that at the well head of the oil and gas saved, re- an emergency shortage of natural gas is threat- moved, or sold, except that any oil or gas ob- ening to cause severe economic or social disloca- tained by the United States as royalty or net tion in any region of the United States and that profit share shall be credited against the such region can be serviced in a practical, fea- amount that may be purchased under this sub- sible, and efficient manner by royalty, net profit section. share, or purchased gas obtained pursuant to the (3) Title to any royalty, net profit share, or provisions of this section, the Secretary of the purchased oil or gas may be transferred, upon Interior may allocate or conduct a lottery for request, by the Secretary to the Secretary of the sale of such gas, and shall limit participa- Defense, to the Administrator of the General tion in any allocation or lottery sale of such gas Services Administration, or to the Secretary of to any person servicing such region, but he shall Energy, for disposal within the Federal Govern- not sell any such gas for more than its regulated ment. price, or, if no regulated price applies, less than (b) Sale of oil by United States to public; disposi- its fair market value. Prior to selling or allocat- tion of oil to small refiners; application of ing any gas pursuant to this subsection, the Sec- other laws retary shall consult with the Federal Energy Regulatory Commission. (1) The Secretary, except as provided in this (d) Purchase by lessee of Federal oil or gas for subsection, may offer to the public and sell by which no bids received competitive bidding for not more than its regu- lated price, or, if no regulated price applies, not The lessee shall take any Federal oil or gas for less than its fair market value, any part of the which no acceptable bids are received, as deter- oil (A) obtained by the United States pursuant mined by the Secretary, and which is not trans- to any lease as royalty or net profit share, or (B) ferred pursuant to subsection (a)(3) of this sec- purchased by the United States pursuant to sub- tion, and shall pay to the United States a cash section (a)(2) of this section. amount equal to the regulated price, or, if no (2) Whenever, after consultation with the Sec- regulated price applies, the fair market value of retary of Energy, the Secretary determines that the oil or gas so obtained. small refiners do not have access to adequate (e) Definitions supplies of oil at equitable prices, the Secretary As used in this section— may dispose of any oil which is taken as a roy- (1) the term ‘‘regulated price’’ means the alty or net profit share accruing or reserved to highest price— the United States pursuant to any lease issued (A) at which oil many 1 be sold pursuant to or maintained under this subchapter, or pur- the Emergency Petroleum Allocation Act of chased by the United States pursuant to sub- 1973 2 [15 U.S.C. 751 et seq.] and any rule or section (a)(2) of this section, by conducting a order issued under such Act; lottery for the sale of such oil, or may equitably allocate such oil among the competitors for the 1 So in original. Probably should be ‘‘may’’. purchase of such oil, at the regulated price, or if 2 See References in Text note below. § 1354 TITLE 43—PUBLIC LANDS Page 336

(B) at which natural gas may be sold to tion, and after the date of receipt of such report natural-gas companies pursuant to the Natu- Congress shall have a period of sixty calendar ral Gas Act [15 U.S.C. 717 et seq.], any other days, thirty days of which Congress must have Act, regulations governing natural gas pric- been in session, to consider whether exports ing, or any rule or order issued under any under the terms of this section are in the na- such Act or any such regulations; or tional interest. If the Congress within such time (C) at which either Federal oil or gas may period passes a concurrent resolution of dis- be sold under any other provision of law or approval stating disagreement with the Presi- rule or order thereunder which sets a price dent’s finding concerning the national interest, (or manner for determining a price) for oil or further exports made pursuant to such Presi- gas; and dential findings shall cease. (2) the term ‘‘small refiner’’ has the meaning (d) Exchange or temporary exportation of oil given such term by Small Business Adminis- and gas for convenience or efficiency of tration Standards 128.3–8(d) and (g), as in ef- transportation fect on September 18, 1978, or as there-after re- The provisions of this section shall not apply vised or amended. to any oil or gas which is either exchanged in (f) Purchase of oil and gas in time of war similar quantity for convenience or increased ef- Nothing in this section shall prohibit the right ficiency of transportation with persons or the of the United States to purchase any oil or gas government of a foreign state, or which is tem- produced on the outer Continental Shelf as pro- porarily exported for convenience or increased vided by section 1341(b) of this title. efficiency of transportation across parts of an adjacent foreign state and reenters the United (Aug. 7, 1953, ch. 345, § 27, as added Pub. L. 95–372, States, or which is exchanged or exported pursu- title II, § 208, Sept. 18, 1978, 92 Stat. 666.) ant to an existing international agreement. REFERENCES IN TEXT (Aug. 7, 1953, ch. 345, § 28, as added Pub. L. 95–372, The Emergency Petroleum Allocation Act of 1973, re- title II, § 208, Sept. 18, 1978, 92 Stat. 668.) ferred to in subsec. (e)(1)(A), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, as amended, which was classified gen- REFERENCES IN TEXT erally to chapter 16A (§ 751 et seq.) of Title 15, Com- The Export Administration Act of 1969, referred to in merce and Trade, and was omitted from the Code pur- subsecs. (a) and (b), is Pub. L. 91–184, Dec. 30, 1969, 83 suant to section 760g of Title 15, which provided for the Stat. 841, as amended, which was formerly classified to expiration of the President’s authority under that sections 2401 to 2413 of Title 50, Appendix, War and Na- chapter on Sept. 30, 1981. tional Defense, and which terminated on Sept. 30, 1979, The Natural Gas Act, referred to in subsec. (e)(1)(B), pursuant to the terms of that Act. is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et § 1355. Restrictions on employment of former of- seq.) of Title 15. For complete classification of that Act ficers or employees of Department of the In- to the Code, see section 717w of Title 15 and Tables. terior TRANSFER OF FUNCTIONS No full-time officer or employee of the Depart- Functions vested in Secretary of Energy and Depart- ment of the Interior who directly or indirectly ment of Energy under or with respect to subsec. (b)(2), discharged duties or responsibilities under this (3) of this section, transferred to, and vested in, Sec- subchapter, and who was at any time during the retary of the Interior, by section 100 of Pub. L. 97–257, 96 Stat. 841, set out as a note under section 7152 of Title twelve months preceding the termination of his 42, The Public Health and Welfare. employment with the Department compensated under the Executive Schedule or compensated at § 1354. Limitations on export of oil or gas or above the annual rate of basic pay for grade (a) Application of Export Administration provi- GS–16 of the General Schedule shall— sions (1) within two years after his employment with the Department has ceased— Except as provided in subsection (d) of this (A) knowingly act as agent or attorney for, section, any oil or gas produced from the outer or otherwise represent, any other person (ex- Continental Shelf shall be subject to the re- cept the United States) in any formal or in- quirements and provisions of the Export Admin- formal appearance before; istration Act of 1969. (B) with the intent to influence, make any (b) Condition precedent to exportation; express oral or written communication on behalf of finding by President of no increase in reli- any other person (except the United States) ance on imported oil or gas to; or Before any oil or gas subject to this section (C) knowingly aid or assist in representing may be exported under the requirements and any other person (except the United States) provisions of the Export Administration Act of in any formal or informal appearance before, 1969, the President shall make and publish an ex- any department, agency, or court of the press finding that such exports will not increase United States, or any officer or employee reliance on imported oil or gas, are in the na- thereof, in connection with any judicial or tional interest, and are in accord with the provi- other proceeding, application, request for a sions of the Export Administration Act of 1969. ruling or other determination, regulation, (c) Report of findings by President to Congress; order, lease, permit, rulemaking, or other par- joint resolution of disagreement with find- ticular matter involving a specific party or ings of President parties in which the United States is a party The President shall submit reports to the Con- or has a direct and substantial interest which gress containing findings made under this sec- was actually pending under his official respon- Page 337 TITLE 43—PUBLIC LANDS § 1356a

sibility as an officer or employee within a pe- (b) Exceptions from design, construction, alter- riod of one year prior to the termination of ation, and repair requirements such responsibility or in which he participated The regulations issued under subsection (a)(2) personally and substantially as an officer or of this section shall not apply to any vessel, rig, employee; or platform, or other vehicle or structure built (2) within one year after his employment prior to September 18, 1978, until such time after with the Department has ceased— such date as such vehicle or structure is rebuilt. (A) knowingly act as agent or attorney for, (c) Exceptions from manning requirements or otherwise represent, any other person (ex- cept the United States) in any formal or in- The regulations issued under subsection (a)(3) formal appearance before; or of this section shall not apply— (B) with the intent to influence, make any (1) to any vessel, rig, platform, or other ve- oral or written communication on behalf of hicle or structure if— (A) specific contractual provisions or na- any other person (except the United States) tional registry manning requirements in ef- to, fect on September 18, 1978, provide to the the Department of the Interior, or any officer contrary; or employee thereof, in connection with any (B) there are not a sufficient number of judicial, rulemaking, regulation, order, lease, citizens of the United States, or aliens law- permit, regulation, or other particular matter fully admitted to the United States for per- which is pending before the Department of the manent residence, qualified and available for Interior or in which the Department has a di- such work; or rect and substantial interest. (C) the President makes a specific finding, with respect to the particular vessel, rig, (Aug. 7, 1953, ch. 345, § 29, as added Pub. L. 95–372, platform, or other vehicle or structure, that title II, § 208, Sept. 18, 1978, 92 Stat. 668.) application would not be consistent with the REFERENCES IN TEXT national interest; and The Executive Schedule, referred to in text, is set out (2) to any vessel, rig, platform, or other ve- in section 5311 et seq. of Title 5, Government Organiza- hicle or structure, over 50 percent of which is tion and Employees. owned by citizens of a foreign nation or with REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY respect to which the citizens of a foreign na- RATES tion have the right effectively to control, ex- References in laws to the rates of pay for GS–16, 17, cept to the extent and to the degree that the or 18, or to maximum rates of pay under the General President determines that the government of Schedule, to be considered references to rates payable such foreign nation or any of its political sub- under specified sections of Title 5, Government Organi- divisions has implemented, by statute, regula- zation and Employees, see section 529 [title I, § 101(c)(1)] tion, policy, or practice, a national manning of Pub. L. 101–509, set out in a note under section 5376 requirement for equipment engaged in the ex- of Title 5. ploration, development, or production of oil § 1356. Documentary, registry and manning re- and gas in its offshore areas. quirements (Aug. 7, 1953, ch. 345, § 30, as added Pub. L. 95–372, (a) Regulations title II, § 208, Sept. 18, 1978, 92 Stat. 669.) Within six months after September 18, 1978, TRANSFER OF FUNCTIONS the Secretary of the Department in which the For transfer of authorities, functions, personnel, and Coast Guard is operating shall issue regulations assets of the Coast Guard, including the authorities which require that any vessel, rig, platform, or and functions of the Secretary of Transportation relat- other vehicle or structure— ing thereto, to the Department of Homeland Security, (1) which is used at any time after the one- and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- year period beginning on the effective date of rity, and the Department of Homeland Security Reor- such regulations for activities pursuant to this ganization Plan of November 25, 2002, as modified, set subchapter and which is built or rebuilt at any out as a note under section 542 of Title 6. time after such one-year period, when required to be documented by the laws of the United § 1356a. Coastal impact assistance program States, be documented under the laws of the (a) Definitions United States; In this section: (2) which is used for activities pursuant to this subchapter, comply, except as provided in (1) Coastal political subdivision subsection (b) of this section, with such mini- The term ‘‘coastal political subdivision’’ mum standards of design, construction, alter- means a political subdivision of a coastal ation, and repair as the Secretary or the Sec- State any part of which political subdivision retary of the Department in which the Coast is— Guard is operating establishes; and (A) within the coastal zone (as defined in (3) which is used at any time after the one- section 304 of the Coastal Zone Management year period beginning on the effective date of Act of 1972 (16 U.S.C. 1453)) of the coastal such regulations for activities pursuant to this State as of August 8, 2005; and subchapter, be manned or crewed, except as (B) not more than 200 nautical miles from provided in subsection (c) of this section, by the geographic center of any leased tract. citizens of the United States or aliens lawfully (2) Coastal population admitted to the United States for permanent The term ‘‘coastal population’’ means the residence. population, as determined by the most recent § 1356a TITLE 43—PUBLIC LANDS Page 338

official data of the Census Bureau, of each po- (ii) the geographic center of which lies litical subdivision any part of which lies with- within a distance of 200 nautical miles in the designated coastal boundary of a State from any part of the coastline of any (as defined in a State’s coastal zone manage- coastal State. ment program under the Coastal Zone Man- (B) Inclusions agement Act of 1972 (16 U.S.C. 1451 et seq.)). The term ‘‘qualified Outer Continental (3) Coastal State Shelf revenues’’ includes bonus bids, rents, The term ‘‘coastal State’’ has the meaning royalties (including payments for royalty given the term in section 304 of the Coastal taken in kind and sold), net profit share pay- Zone Management Act of 1972 (16 U.S.C. 1453). ments, and related late-payment interest (4) Coastline from natural gas and oil leases issued under this subchapter. The term ‘‘coastline’’ has the meaning given (C) Exclusion the term ‘‘coast line’’ in section 1301 of this title. The term ‘‘qualified Outer Continental Shelf revenues’’ does not include any reve- (5) Distance nues from a leased tract or portion of a The term ‘‘distance’’ means the minimum leased tract that is located in a geographic great circle distance, measured in statute area subject to a leasing moratorium on miles. January 1, 2005, unless the lease was in pro- (6) Leased tract duction on January 1, 2005. The term ‘‘leased tract’’ means a tract that (b) Payments to producing States and coastal po- is subject to a lease under section 1335 or 1337 litical subdivisions of this title for the purpose of drilling for, de- (1) In general veloping, and producing oil or natural gas re- The Secretary shall, without further appro- sources. priation, disburse to producing States and (7) Leasing moratoria coastal political subdivisions in accordance The term ‘‘leasing moratoria’’ means the with this section $250,000,000 for each of fiscal prohibitions on preleasing, leasing, and relat- years 2007 through 2010. ed activities on any geographic area of the (2) Disbursement outer Continental Shelf as contained in sec- In each fiscal year, the Secretary shall dis- tions 107 through 109 of division E of the Con- burse to each producing State for which the solidated Appropriations Act, 2005 (Public Law Secretary has approved a plan under sub- 108–447; 118 Stat. 3063). section (c) of this section, and to coastal polit- (8) Political subdivision ical subdivisions under paragraph (4), such The term ‘‘political subdivision’’ means the funds as are allocated to the producing State local political jurisdiction immediately below or coastal political subdivision, respectively, the level of State government, including coun- under this section for the fiscal year. ties, parishes, and boroughs. (3) Allocation among producing States (9) Producing State (A) In general (A) In general Except as provided in subparagraph (C) and subject to subparagraph (D), the The term ‘‘producing State’’ means a amounts available under paragraph (1) shall coastal State that has a coastal seaward be allocated to each producing State based boundary within 200 nautical miles of the ge- on the ratio that— ographic center of a leased tract within any (i) the amount of qualified outer Con- area of the outer Continental Shelf. tinental Shelf revenues generated off the (B) Exclusion coastline of the producing State; bears to The term ‘‘producing State’’ does not in- (ii) the amount of qualified outer Con- clude a producing State, a majority of the tinental Shelf revenues generated off the coastline of which is subject to leasing mor- coastline of all producing States. atoria, unless production was occurring on (B) Amount of outer Continental Shelf reve- January 1, 2005, from a lease within 10 nau- nues tical miles of the coastline of that State. For purposes of subparagraph (A)— (10) Qualified Outer Continental Shelf reve- (i) the amount of qualified outer Con- nues tinental Shelf revenues for each of fiscal (A) In general years 2007 and 2008 shall be determined using qualified outer Continental Shelf The term ‘‘qualified Outer Continental revenues received for fiscal year 2006; and Shelf revenues’’ means all amounts received (ii) the amount of qualified outer Con- by the United States from each leased tract tinental Shelf revenues for each of fiscal or portion of a leased tract— years 2009 and 2010 shall be determined (i) lying— using qualified outer Continental Shelf (I) seaward of the zone covered by sec- revenues received for fiscal year 2008. tion 1337(g) of this title; or (II) within that zone, but to which sec- (C) Multiple producing States tion 1337(g) of this title does not apply; In a case in which more than one produc- and ing State is located within 200 nautical Page 339 TITLE 43—PUBLIC LANDS § 1356a

miles of any portion of a leased tract, the be excluded if the tract or portion of a leased amount allocated to each producing State tract is located in a geographic area subject for the leased tract shall be inversely pro- to a leasing moratorium on January 1, 2005, portional to the distance between— unless the lease was in production on that (i) the nearest point on the coastline of date. the producing State; and (5) No approved plan (ii) the geographic center of the leased tract. (A) In general (D) Minimum allocation Subject to subparagraph (B) and except as provided in subparagraph (C), in a case in The amount allocated to a producing State which any amount allocated to a producing under subparagraph (A) shall be at least 1 State or coastal political subdivision under percent of the amounts available under para- paragraph (4) or (5) is not disbursed because graph (1). the producing State does not have in effect (4) Payments to coastal political subdivisions a plan that has been approved by the Sec- (A) In general retary under subsection (c) of this section, the Secretary shall allocate the undisbursed The Secretary shall pay 35 percent of the amount equally among all other producing allocable share of each producing State, as States. determined under paragraph (3) to the coast- al political subdivisions in the producing (B) Retention of allocation State. The Secretary shall hold in escrow an un- (B) Formula disbursed amount described in subparagraph Of the amount paid by the Secretary to (A) until such date as the final appeal re- coastal political subdivisions under subpara- garding the disapproval of a plan submitted graph (A)— under subsection (c) of this section is de- (i) 25 percent shall be allocated to each cided. coastal political subdivision in the propor- (C) Waiver tion that— The Secretary may waive subparagraph (I) the coastal population of the coast- (A) with respect to an allocated share of a al political subdivision; bears to producing State and hold the allocable share (II) the coastal population of all coast- in escrow if the Secretary determines that al political subdivisions in the producing the producing State is making a good faith State; effort to develop and submit, or update, a (ii) 25 percent shall be allocated to each plan in accordance with subsection (c) of coastal political subdivision in the propor- this section. tion that— (c) Coastal impact assistance plan (I) the number of miles of coastline of (1) Submission of State plans the coastal political subdivision; bears to (A) In general (II) the number of miles of coastline of Not later than July 1, 2008, the Governor of all coastal political subdivisions in the a producing State shall submit to the Sec- producing State; and retary a coastal impact assistance plan. (iii) 50 percent shall be allocated in (B) Public participation amounts that are inversely proportional to In carrying out subparagraph (A), the Gov- the respective distances between the ernor shall solicit local input and provide for points in each coastal political subdivision public participation in the development of that are closest to the geographic center of the plan. each leased tract, as determined by the (2) Approval Secretary. (A) In general (C) Exception for the State of Louisiana The Secretary shall approve a plan of a For the purposes of subparagraph (B)(ii), producing State submitted under paragraph the coastline for coastal political subdivi- (1) before disbursing any amount to the pro- sions in the State of Louisiana without a ducing State, or to a coastal political sub- coastline shall be considered to be 1⁄3 the av- division located in the producing State, erage length of the coastline of all coastal under this section. political subdivisions with a coastline in the State of Louisiana. (B) Components (D) Exception for the State of Alaska The Secretary shall approve a plan sub- For the purposes of carrying out subpara- mitted under paragraph (1) if— graph (B)(iii) in the State of Alaska, the (i) the Secretary determines that the amounts allocated shall be divided equally plan is consistent with the uses described among the two coastal political subdivisions in subsection (d) of this section; and that are closest to the geographic center of (ii) the plan contains— a leased tract. (I) the name of the State agency that will have the authority to represent and (E) Exclusion of certain leased tracts act on behalf of the producing State in For purposes of subparagraph (B)(iii), a dealing with the Secretary for purposes leased tract or portion of a leased tract shall of this section; § 1356a TITLE 43—PUBLIC LANDS Page 340

(II) a program for the implementation (3) Limitation of the plan that describes how the Not more than 23 percent of amounts re- amounts provided under this section to ceived by a producing State or coastal politi- the producing State will be used; cal subdivision for any 1 fiscal year shall be (III) for each coastal political subdivi- used for the purposes described in subpara- sion that receives an amount under this graphs (C) and (E) of paragraph (1). section— (e) Emergency funding (aa) the name of a contact person; (1) In general and (bb) a description of how the coastal In response to a spill of national significance political subdivision will use amounts under the Oil Pollution Act of 1990 (33 U.S.C. provided under this section; 2701 et seq.), at the request of a producing State or coastal political subdivision and not- (IV) a certification by the Governor withstanding the requirements of part 12 of that ample opportunity has been pro- title 43, Code of Federal Regulations (or a suc- vided for public participation in the de- cessor regulation), the Secretary may imme- velopment and revision of the plan; and diately disburse funds allocated under this (V) a description of measures that will section for 1 or more individual projects that be taken to determine the availability of are— assistance from other relevant Federal (A) consistent with subsection (d); and resources and programs. (B) specifically designed to respond to the (3) Amendment spill of national significance. Any amendment to a plan submitted under (2) Approval by Secretary paragraph (1) shall be— The Secretary may, in the sole discretion of (A) developed in accordance with this sub- the Secretary, approve, on a project by project section; and basis, the immediate disbursal of the funds (B) submitted to the Secretary for ap- under paragraph (1). proval or disapproval under paragraph (4). (3) State requirements (4) Procedure (A) Additional information Not later than 90 days after the date on If the Secretary approves a project for which a plan or amendment to a plan is sub- funding under this subsection that is in- mitted under paragraph (1) or (3), the Sec- cluded in a plan previously approved under retary shall approve or disapprove the plan or subsection (c), not later than 90 days after amendment. the date of the funding approval, the produc- (d) Authorized uses ing State or coastal political subdivision (1) In general shall submit to the Secretary any additional information that the Secretary determines A producing State or coastal political sub- to be necessary to ensure that the project is division shall use all amounts received under in compliance with subsection (d). this section, including any amount deposited (B) Amendment to plan in a trust fund that is administered by the State or coastal political subdivision and dedi- If the Secretary approves a project for cated to uses consistent with this section, in funding under this subsection that is not in- accordance with all applicable Federal and cluded in a plan previously approved under State laws, only for one or more of the follow- subsection (c), not later than 90 days after ing purposes: the date of the funding approval, the produc- (A) Projects and activities for the con- ing State or coastal political subdivision servation, protection, or restoration of shall submit to the Secretary for approval coastal areas, including wetland. an amendment to the plan that includes any (B) Mitigation of damage to fish, wildlife, projects funded under paragraph (1), as well or natural resources. as any information about such projects that (C) Planning assistance and the adminis- the Secretary determines to be necessary to trative costs of complying with this section. ensure that the project is in compliance (D) Implementation of a federally-ap- with subsection (d). proved marine, coastal, or comprehensive (C) Limitation conservation management plan. If a producing State or coastal political (E) Mitigation of the impact of outer Con- subdivision does not submit the additional tinental Shelf activities through funding of information or amendments to the plan re- onshore infrastructure projects and public quired by this paragraph, or if, based on the service needs. information submitted by the Secretary de- (2) Compliance with authorized uses termines that the project is not in compli- If the Secretary determines that any ex- ance with subsection (d), by the deadlines penditure made by a producing State or coast- specified in this paragraph, the Secretary al political subdivision is not consistent with shall not disburse any additional funds to this subsection, the Secretary shall not dis- the producing State or the coastal political burse any additional amount under this sec- subdivisions until the date on which the ad- tion to the producing State or the coastal po- ditional information or amendment to the litical subdivision until such time as all plan has been approved by the Secretary. amounts obligated for unauthorized uses have (Aug. 7, 1953, ch. 345, § 31, as added Pub. L. been repaid or reobligated for authorized uses. 106–553, § 1(a)(2) [title IX, § 903], Dec. 21, 2000, 114 Page 341 TITLE 43—PUBLIC LANDS §§ 1371, 1372

Stat. 2762, 2762A–124; amended Pub. L. 109–58, SUBCHAPTER I—GENERAL PROVISIONS title III, § 384, Aug. 8, 2005, 119 Stat. 739; Pub. L. 111–212, title III, § 3013, July 29, 2010, 124 Stat. §§ 1361 to 1364. Repealed. Pub. L. 94–579, title 2341.) VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792 Section 1361, Pub. L. 86–649, § 2, July 14, 1960, 74 Stat. REFERENCES IN TEXT 506, defined ‘‘public lands’’. The Coastal Zone Management Act of 1972, referred to Section 1362, Pub. L. 86–649, title I, § 101, July 14, 1960, in subsec. (a)(2), is title III of Pub. L. 89–454, as added 74 Stat. 506, authorized the Secretary of the Interior to by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amend- conduct investigations, etc., for improvement, manage- ed, which is classified generally to chapter 33 (§ 1451 et ment, use, and protection of public lands and resources. seq.) of Title 16, Conservation. For complete classifica- Section 1362a, Pub. L. 91–429, Sept. 26, 1970, 84 Stat. tion of this Act to the Code, see Short Title note set 885, authorized contracts for use of aircraft, services, out under section 1451 of Title 16 and Tables. and supplies for protection from fire of public lands ad- Sections 107 through 109 of division E of the Consoli- ministered by the Secretary of the Interior. dated Appropriations Act, 2005, referred to in subsec. Section 1363, Pub. L. 86–649, title I, § 102, July 14, 1960, (a)(7), are sections 107 to 109 of Pub. L. 108–447, div. E, 74 Stat. 506, authorized cooperative agreements by Sec- title I, Dec. 8, 2004, 118 Stat. 3063, 3064, which are not retary of the Interior with respect to improvement, classified to the Code. etc., of public lands and resources. The Oil Pollution Act of 1990, referred to in subsec. Section 1364, Pub. L. 86–649, title I, § 103, July 14, 1960, (e)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, 74 Stat. 506, authorized acceptance of contributions by which is classified principally to chapter 40 (§ 2701 et Secretary of the Interior with respect to improve- seq.) of Title 33, Navigation and Navigable Waters. For ments, etc., of public lands and resources. complete classification of this Act to the Code, see EFFECTIVE DATE OF REPEAL Short Title note set out under section 2701 of Title 33 and Tables. Section 705(a) of Pub. L. 94–579 provided that the re- peal made by that section is effective on and after Oct. AMENDMENTS 21, 1976. 2010—Subsec. (e). Pub. L. 111–212 added subsec. (e). SAVINGS PROVISION 2005—Pub. L. 109–58 amended section catchline and Repeal by Pub. L. 94–579 not to be construed as termi- text generally. Prior to amendment, section consisted nating any valid lease, permit, patent, etc., existing on of subsecs. (a) to (g) relating to construction of section, Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as definitions, authorization of appropriations, payments a note under section 1701 of this title. to States and political subdivisions, coastal impact as- sistance plan by the Governor of each producing coast- SUBCHAPTER II—SERVICE CHARGES AND al State, authorized uses of amounts provided, and re- EXCESS PAYMENTS payment of amounts inconsistent with authorized uses. §§ 1371, 1372. Repealed. Pub. L. 94–579, title VII, CHAPTER 30—ADMINISTRATION OF PUBLIC § 705(a), Oct. 21, 1976, 90 Stat. 2792 LANDS Section 1371, Pub. L. 86–649, title II, § 201, July 14, 1960, SUBCHAPTER I—GENERAL PROVISIONS 74 Stat. 506, related to fees, charges, and commissions for applications and other documents relating to public Sec. lands and resources. 1361 to 1364. Repealed. Section 1372, Pub. L. 86–649, title II, § 202(a), July 14, SUBCHAPTER II—SERVICE CHARGES AND EXCESS 1960, 74 Stat. 506, provided that existing fees, charges, PAYMENTS and commissions remain in effect until changed or abolished by the Secretary. 1371 to 1374. Repealed. REPEALS SUBCHAPTER III—DEPOSITS AND FORFEITURES Section 202(b) of Pub. L. 86–649 provided that: ‘‘Sub- 1381 to 1383. Repealed. ject to the provisions of this section, any provisions in statutes which fix fees, service fees or charges, or com- SUBCHAPTER IV—PUBLIC LAND LAW REVIEW missions for the purposes covered in this title, are here- COMMISSION by repealed, including, without limitation, the first 1391 to 1400. Omitted. proviso of the General Land Office appropriations in the Act of February 14, 1931 (46 Stat. 1115, 1118; 43 U.S.C. SUBCHAPTER V—CLASSIFICATION OF LANDS TO 23), section 2239 of the Revised Statutes (43 U.S.C. 84), PROVIDE FOR DISPOSAL OR INTERIM MANAGE- and such provisions of the following Acts as are con- MENT tained in section 82, title 43, United States Code:

1411 to 1418. Omitted. Act Citation

SUBCHAPTER VI—SALE OF PUBLIC LAND ‘‘Revised Statutes ...... Section 2238. ‘‘May 14, 1880 (in sec. 2) ...... 21 Stat. 140, 141. 1421 to 1427. Omitted. ‘‘December 17, 1880 ...... 21 Stat. 311. ‘‘July 26, 1892 ...... 27 Stat. 270. SUBCHAPTER VII—SALE OF PUBLIC LANDS ‘‘March 22, 1904 ...... 33 Stat. 144. SUBJECT TO UNINTENTIONAL TRESPASS ‘‘May 29, 1908 (in sec. 14) ...... 35 Stat. 465, 468. ‘‘January 24, 1923 ...... 42 Stat. 1174, 1179. 1431 to 1435. Omitted. ‘‘June 5, 1924 ...... 43 Stat. 390, 395. ‘‘March 3, 1925 ...... 43 Stat. 1141, 1145.’’ SUBCHAPTER VIII—PUBLIC AIRPORTS EFFECTIVE DATE OF REPEAL 1441. Lease of contiguous public lands for public airports; authority of Secretary of the Inte- Section 705(a) of Pub. L. 94–579 provided that the re- rior. peal made by that section is effective on and after Oct. 1442. Terms of lease; public lands for public air- 21, 1976. ports. SAVINGS PROVISION 1443. Cancellation of leases of public lands used as airports made under law in force May 24, Repeal by Pub. L. 94–579 not to be construed as termi- 1928. nating any valid lease, permit, patent, etc., existing on