Laws: Cases and Codes : U.S. Code : Title 43
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U.S. Code as of:
01/19/04
Chapter 29 - Notes
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1301. Definitions.
1302. Resources seaward of Continental Shelf.
1303. Amendment, modification, or repeal of other laws.
SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
BOUNDARIES
1311. Rights of States.
(a) Confirmation and establishment of title and
ownership of lands and resources; management,
administration, leasing, development, and use.
(b) Release and relinquishment of title and claims
of United States; payment to States of moneys
paid under leases.
(c) Leases in effect on June 5, 1950.
(d) Authority and rights of United States
respecting navigation, flood control and
production of power.
(e) Ground and surface waters west of 98th
meridian.
1312. Seaward boundaries of States.
1313. Exceptions from operation of section 1311 of this
title.
1314. Rights and powers retained by United States; purchase
of natural resources; condemnation of lands.
1315. Rights acquired under laws of United States
unaffected.
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
1331. Definitions.
1332. Congressional declaration of policy.
1333. Laws and regulations governing lands.
(a) Constitution and United States laws; laws of
adjacent States; publication of projected
State lines; international boundary disputes;
restriction on State taxation and
jurisdiction.
(b) Longshore and Harbor Workers' Compensation Act
applicable; definitions.
(c) National Labor Relations Act applicable.
(d) Coast Guard regulations; marking of artificial
islands, installations, and other devices;
failure of owner suitably to mark according to
regulations.
(e) Authority of Secretary of the Army to prevent
obstruction to navigation.
(f) Provisions as nonexclusive.
1334. Administration of leasing.
(a) Rules and regulations; amendment; cooperation
with State agencies; subject matter and scope
of regulations.
(b) Compliance with regulations as condition for
issuance, continuation, assignment, or other
transfer of leases.
(c) Cancellation of nonproducing lease.
(d) Cancellation of producing lease.
(e) Pipeline rights-of-way; forfeiture of grant.
(f) Competitive principles governing pipeline
operation.
(g) Rates of production.
(h) Federal action affecting outer Continental
Shelf; notification; recommended changes.
(i) Flaring of natural gas.
(j) Cooperative development of common
hydrocarbon-bearing areas.
1335. Validation and maintenance of prior leases.
(a) Requirements for validation.
(b) Conduct of operations under lease; sulphur
rights.
(c) Nonwaiver of United States claims.
(d) Judicial review of determination.
(e) Lands beneath navigable waters.
1336. Controversies over jurisdiction; agreements; payments;
final settlement or adjudication; approval of notice
concerning oil and gas operations in Gulf of Mexico.
1337. Grant of leases by Secretary.
(a) Oil and gas leases; award to highest
responsible qualified bidder; method of
bidding; royalty relief; Congressional
consideration of bidding system; notice.
(b) Terms and provisions of oil and gas leases.
(c) Antitrust review of lease sales.
(d) Due diligence.
(e) Secretary's approval for sale, exchange,
assignment, or other transfer of leases.
(f) Antitrust immunity or defenses.
(g) Leasing of lands within three miles of seaward
boundaries of coastal States; deposit of
revenues; distribution of revenues.
(h) State claims to jurisdiction over submerged
lands.
(i) Sulphur leases; award to highest bidder; method
of bidding.
(j) Terms and provisions of sulphur leases.
(k) Other mineral leases; award to highest bidder;
terms and conditions; agreements for use of
resources for shore protection, beach or
coastal wetlands restoration, or other
projects.
(l) Publication of notices of sale and terms of
bidding.
(m) Disposition of revenues.
(n) Issuance of lease as nonprejudicial to ultimate
settlement or adjudication of controversies.
(o) Cancellation of leases for fraud.
1338. Disposition of revenues.
1338a. Moneys received as a result of forfeiture by Outer
Continental Shelf permittee, lessee, or right-of-way
holder; return of excess amounts.
1339. Repealed.
1340. Geological and geophysical explorations.
(a) Approved exploration plans.
(b) Oil and gas exploration.
(c) Plan approval; State concurrence; plan
provisions.
(d) Drilling permit.
(e) Plan revisions; conduct of exploration
activities.
(f) Drilling permits issued and exploration plans
approved within 90-day period after September
18, 1978.
(g) Determinations requisite to issuance of
permits.
(h) Lands beneath navigable waters adjacent to
Phillip Burton Wilderness.
1341. Reservation of lands and rights.
(a) Withdrawal of unleased lands by President.
(b) First refusal of mineral purchases.
(c) National security clause.
(d) National defense areas; suspension of
operations; extension of leases.
(e) Source materials essential to production of
fissionable materials.
(f) Helium ownership; rules and regulations
governing extraction.
1342. Prior claims as unaffected.
1343. Repealed.
1344. Outer Continental Shelf leasing program.
(a) Schedule of proposed oil and gas lease sales.
(b) Estimates of appropriations and staff required
for management of leasing program.
(c) Suggestions from Federal agencies and affected
State and local governments; submission of
proposed program to Governors of affected
States and Congress; publication in Federal
Register.
(d) Comments by Attorney General on anticipated
effect on competition; comments by State or
local governments; submission of program to
President and Congress; issuance of leases in
accordance with program.
(e) Review, revision, and reapproval of program.
(f) Procedural regulations for management of
program.
(g) Information from public and private sources;
confidentiality of classified or privileged
data.
(h) Information from all Federal departments and
agencies; confidentiality of privileged or
proprietary information.
1345. Coordination and consultation with affected State and
local governments.
(a) Recommendations regarding size, time, or
location of proposed lease sales.
(b) Time for submission of recommendations.
(c) Acceptance or rejection of recommendations.
(d) Finality of acceptance or rejection of
recommendations.
(e) Cooperative agreements.
1346. Environmental studies.
(a) Information for assessment and management of
impacts on environment; time for study;
impacts on marine biota from pollution or
large spills.
(b) Additional studies subsequent to leasing and
development of area.
(c) Procedural regulations for conduct of studies;
cooperation with affected States; utilization
of information from Federal, State and local
governments and agencies.
(d) Consideration of relevant environmental
information in developing regulations, lease
conditions and operating orders.
(e) Assessment of cumulative effects of activities
on environment; submission to Congress.
(f) Utilization of capabilities of Department of
Commerce.
1347. Safety and health regulations.
(a) Joint study of adequacy of existing safety and
health regulations; submission to President
and Congress.
(b) Use of best available and safest economically
feasible technologies.
(c) Regulations applying to unregulated hazardous
working conditions.
(d) Application of other laws.
(e) Studies of underwater diving techniques and
equipment.
(f) Coordination and consultation with Federal
departments and agencies; availability to
interested persons of compilation of safety
regulations.
1348. Enforcement of safety and environmental regulations.
(a) Utilization of Federal departments and
agencies.
(b) Duties of holders of lease or permit.
(c) Onsite inspection of facilities.
(d) Investigation and report on major fires, oil
spills, death, or serious injury.
(e) Review of allegations of violations.
(f) Summoning of witnesses and production of
evidence.
1349. Citizens suits, jurisdiction and judicial review.
(a) Persons who may bring actions; persons against
whom action may be brought; time of action;
intervention by Attorney General; costs and
fees; security.
(b) Jurisdiction and venue of actions.
(c) Review of Secretary's approval of leasing
program; review of approval, modification or
disapproval of exploration or production plan;
persons who may seek review; scope of review;
certiorari to Supreme Court.
1350. Remedies and penalties.
(a) Injunctions, restraining orders, etc.
(b) Civil penalties; hearing.
(c) Criminal penalties.
(d) Liability of corporate officers and agents for
violations by corporation.
(e) Concurrent and cumulative nature of penalties.
1351. Oil and gas development and production.
(a) Development and production plans; submission to
Secretary; statement of facilities and
operation; submission to Governors of affected
States and local governments.
(b) Development and production activities in
accordance with plan as lease requirement.
(c) Scope and contents of plan.
(d) State concurrence in land or water zone use in
coastal zone of State.
(e) Declaration of approval of development and
production plan as major Federal action;
submission of preliminary or final lease plans
prior to commencement of National
Environmental Policy provisions procedures.
(f) Plans considered major Federal actions;
submission of draft environmental impact
statement to Governors of affected States and
local governments.
(g) Plans considered nonmajor Federal actions;
comments and recommendations from States.
(h) Approval, disapproval or modification of plan;
reapplication; periodic review.
(i) Approval of revision of approved plan.
(j) Cancellation of lease on failure to submit plan
or comply with approved plan.
(k) Production and transportation of natural gas;
submission of plan to Federal Energy
Regulatory Commission; impact statement.
(l) Application of provisions to leases in Gulf of
Mexico.
1352. Oil and gas information program.
(a) Access to data and information obtained by
lessee or permittee from oil or gas
exploration, etc., data obtained by Federal
department or agency from geological and
geophysical explorations.
(b) Processing, analyzing, and interpreting
information; availability of summary of data
to affected States and local government.
(c) Confidentiality of information; regulations.
(d) Transmittal of information to affected State;
protection of competitive position.
(e) Agreement with State to waive defenses and hold
United States harmless from failure to
maintain confidentiality of information.
(f) Civil action against United States or State for
failure to maintain confidentiality of
information; certain defenses unavailable.
(g) Preemption of State law by Federal law.
(h) Failure by State to comply with regulations;
withholding of information.
1353. Federal purchase and disposition of oil and gas.
(a) Payment of royalties or net profit shares in
oil and gas; purchase of oil and gas by United
States; transfer of title to Federal agencies.
(b) Sale of oil by United States to public;
disposition of oil to small refiners;
application of other laws.
(c) Sale of gas by United States to public.
(d) Purchase by lessee of Federal oil or gas for
which no bids received.
(e) Definitions.
(f) Purchase of oil and gas in time of war.
1354. Limitations on export of oil or gas.
(a) Application of Export Administration
provisions.
(b) Condition precedent to exportation; express
finding by President of no increase in
reliance on imported oil or gas.
(c) Report of findings by President to Congress;
joint resolution of disagreement with findings
of President.
(d) Exchange or temporary exportation of oil and
gas for convenience or efficiency of
transportation.
1355. Restrictions on employment of former officers or
employees of Department of the Interior.
1356. Documentary, registry and manning requirements.
(a) Regulations.
(b) Exceptions from design, construction,
alteration, and repair requirements.
(c) Exceptions from manning requirements.
1356a. Coastal impact assistance.
(a) In general.
(b) Definitions.
(c) Authorization.
(d) Impact assistance payments to States and
political subdivisions.
(e) Coastal Impact Assistance Plan.
(f) Authorized uses.
(g) Compliance with authorized uses.
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