1625-0044 Statutory Authority

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 43USC1333]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 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
(1) The Constitution and laws and civil and political jurisdiction
of the United States are extended to the subsoil and seabed of the outer
Continental Shelf and to all artificial islands, and all installations
and other devices permanently or temporarily attached to the seabed,
which may be erected thereon for the purpose of exploring for,
developing, or producing resources therefrom, or any such installation
or other device (other than a ship or vessel) for the purpose of
transporting such resources, to the same extent as if the outer
Continental Shelf were an area of exclusive Federal jurisdiction located
within a State: Provided, however, That mineral leases on the outer
Continental Shelf shall be maintained or issued only under the
provisions of this subchapter.
(2)(A) To the extent that they are applicable and not inconsistent
with this subchapter or with other Federal laws and regulations of the
Secretary now in effect or hereafter adopted, the civil and criminal
laws of each adjacent State, now in effect or hereafter adopted,
amended, or repealed are declared to be the law of the United States for
that portion of the subsoil and seabed of the outer Continental Shelf,
and artificial islands and fixed structures erected thereon, which would
be within the area of the State if its boundaries were extended seaward
to the outer margin of the outer Continental Shelf, and the President
shall determine and publish in the Federal Register such projected lines
extending seaward and defining each such area. All of such applicable
laws shall be administered and enforced by the appropriate officers and
courts of the United States. State taxation laws shall not apply to the
outer Continental Shelf.
(B) Within one year after September 18, 1978, the President shall
establish procedures for setting \1\ any outstanding international
boundary dispute respecting the outer Continental Shelf.
--------------------------------------------------------------------------\1\ So in original. Probably should be ``settling''.
--------------------------------------------------------------------------(3) The provisions of this section for adoption of State law as the
law of the United States shall never be interpreted as a basis for
claiming any interest in or jurisdiction on behalf of any State for any
purpose over the seabed and subsoil of the outer Continental Shelf, or
the property and natural resources thereof or the revenues therefrom.
(b) Longshore and Harbor Workers' Compensation Act applicable;
definitions
With respect to disability or death of an employee resulting from
any injury occurring as the result of operations conducted on the outer
Continental Shelf for the purpose of exploring for, developing,

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removing, or transporting by pipeline the natural resources, or
involving rights to the natural resources, of the subsoil and seabed of
the outer Continental Shelf, compensation shall be payable under the
provisions of the Longshore and Harbor Workers' Compensation Act [33
U.S.C. 901 et seq.]. For the purposes of the extension of the provisions
of the Longshore and Harbor Workers' Compensation Act under this
section-(1) the term ``employee'' does not include a master or member of
a crew of any vessel, or an officer or employee of the United States
or any agency thereof or of any State or foreign government, or of
any political subdivision thereof;
(2) the term ``employer'' means an employer any of whose
employees are employed in such operations; and
(3) the term ``United States'' when used in a geographical sense
includes the outer Continental Shelf and artificial islands and
fixed structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended [29
U.S.C. 151 et seq.], any unfair labor practice, as defined in such Act,
occurring upon any artificial island, installation, or other device
referred to in subsection (a) of this section shall be deemed to have
occurred within the judicial district of the State, the laws of which
apply to such artificial island, installation, or other device pursuant
to such subsection, except that until the President determines the areas
within which such State laws are applicable, the judicial district shall
be that of the State nearest the place of location of such artificial
island, installation, or other device.
(d) Coast Guard regulations; marking of artificial islands,
installations, and other devices; failure of owner suitably to
mark according to regulations
(1) The Secretary of the Department in which the Coast Guard is
operating shall have authority to promulgate and enforce such reasonable
regulations with respect to lights and other warning devices, safety
equipment, and other matters relating to the promotion of safety of life
and property on the artificial islands, installations, and other devices
referred to in subsection (a) of this section or on the waters adjacent
thereto, as he may deem necessary.
(2) The Secretary of the Department in which the Coast Guard is
operating may mark for the protection of navigation any artificial
island, installation, or other device referred to in subsection (a) of
this section whenever the owner has failed suitably to mark such island,
installation, or other device in accordance with regulations issued
under this subchapter, and the owner shall pay the cost of such marking.
(e) Authority of Secretary of the Army to prevent obstruction to
navigation
The authority of the Secretary of the Army to prevent obstruction to
navigation in the navigable waters of the United States is extended to
the artificial islands, installations, and other devices referred to in
subsection (a) of this section.
(f) Provisions as nonexclusive
The specific application by this section of certain provisions of
law to the subsoil and seabed of the outer Continental Shelf and the
artificial islands, installations, and other devices referred to in
subsection (a) of this section or to acts or offenses occurring or
committed thereon shall not give rise to any inference that the
application to such islands and structures, acts, or offenses of any
other provision of law is not intended.

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(Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627,
Sec. 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II,
Sec. 203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),
Sept. 28, 1984, 98 Stat. 1654.)
References in Text
The Longshore and Harbor Workers' Compensation Act, referred to in
subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as amended,
which is classified generally to chapter 18 (Sec. 901 et seq.) of Title
33, Navigation and Navigable Waters. For complete classification of this
Act to the Code, see section 901 of Title 33 and Tables.
The National Labor Relations Act, as amended, referred to in subsec.
(c), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is
classified generally to subchapter II (Sec. 151 et seq.) of chapter 7 of
Title 29, Labor. For complete classification of this Act to the Code,
see section 167 of Title 29 and Tables.
Amendments
1984--Subsec. (b). Pub. L. 98-426 substituted ``Longshore and Harbor
Workers' Compensation Act'' for ``Longshoremen's and Harbor Workers'
Compensation Act''.
1978--Subsec. (a)(1). Pub. L. 95-372, Sec. 203(a), substituted ``,
and all installations and other devices permanently or temporarily
attached to the seabed, which may be erected thereon for the purpose of
exploring for, developing, or producing resources therefrom, or any such
installation or other device (other than a ship or vessel) for the
purpose of transporting such resources,'' for ``and fixed structures
which may be erected thereon for the purpose of exploring for,
developing, removing, and transporting resources therefrom,''.
Subsec. (a)(2). Pub. L. 95-372, Sec. 203(b), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95-372, Sec. 203(c), (h), redesignated subsec.
(c) as (b) and substituted ``conducted on the outer Continental Shelf
for the purpose of exploring for, developing, removing, or transporting
by pipeline the natural resources, or involving rights to the natural
resources, of the subsoil and seabed of the outer Continental Shelf,''
for ``described in subsection (b) of this section,''. Former subsec.
(b), relating to the jurisdiction of United States district courts over
cases and controversies arising out of or in connection with operations
conducted on the outer Continental Shelf, was struck out. See section
1349(b) of this title.
Subsec. (c). Pub. L. 95-372, Sec. 203(d), (h), redesignated subsec.
(d) as (c) and substituted ``artificial island, installation, or other
device referred to in subsection (a) of this section shall be deemed to
have occurred within the judicial district of the State, the laws of
which apply to such artificial island, installation, or other device
pursuant to such subsection, except that until the President determines
the areas within such State laws are applicable, the judicial district
shall be that of the State nearest the place of location of such
artificial island, installation, or other device'' for ``artificial
island or fixed structure referred to in subsection (a) of this section
shall be deemed to have occurred within the judicial district of the
adjacent State nearest the place of location of such island or
structure''. Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 95-372, Sec. 203(e)(1), (f), (h),
redesignated subsec. (e)(1) as (d)(1), substituted ``Secretary'' for
``head'' and ``artificial islands, installations, and other devices''
for ``islands and structures''. Former subsec. (d) redesignated (c).
Subsec. (d)(2). Pub. L. 95-372, Sec. 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted ``Secretary'' for ``head'' and
``artificial island, installation, or other device referred to in

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subsection (a) of this section whenever the owner has failed suitably to
mark such island, installation, or other device in accordance with
regulations issued under this subchapter, and the owner shall pay the
cost of such marking'' for ``such island or structure whenever the owner
has failed suitably to mark the same in accordance with regulations
issued hereunder, and the owner shall pay the cost thereof'', and struck
out provisions which had made failure or refusal to obey any lawful
rules and regulations a misdemeanor punishable by a fine of not more
than $100, with each day during which such a violation would continue to
be deemed a new offense. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 95-372, Sec. 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted ``the artificial islands,
installations, and other devices referred to in subsection (a) of this
section'' for ``artificial islands and fixed structures located on the
outer Continental Shelf''. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95-372, Sec. 203(e)(3), (h), redesignated
subsec. (g) as (f) and substituted ``the artificial islands,
installations, and other devices'' for ``the artificial islands and
fixed structures''. Former subsec. (f) redesignated (e).
1975--Subsec. (a)(2). Pub. L. 93-627 substituted ``now in effect or
hereafter adopted, amended, or repealed'' for ``as of the effective date
of this Act'' in first sentence.
Section Referred to in Other Sections
This section is referred to in sections 1331, 1347, 1351 of this
title; title 33 sections 905, 941, 2104; title 46 App. section 883.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 43USC1348]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1348. Enforcement of safety and environmental regulations
(a) Utilization of Federal departments and agencies
The Secretary, the Secretary of the Department in which the Coast
Guard is operating, and the Secretary of the Army shall enforce safety
and environmental regulations promulgated pursuant to this subchapter.
Each such Federal department may by agreement utilize, with or without
reimbursement, the services, personnel, or facilities of other Federal
departments and agencies for the enforcement of their respective
regulations.
(b) Duties of holders of lease or permit
It shall be the duty of any holder of a lease or permit under this
subchapter to-(1) maintain all places of employment within the lease area or
within the area covered by such permit in compliance with
occupational safety and health standards and, in addition, free from
recognized hazards to employees of the lease holder or permit holder
or of any contractor or subcontractor operating within such lease
area or within the area covered by such permit on the outer
Continental Shelf;
(2) maintain all operations within such lease area or within the
area covered by such permit in compliance with regulations intended
to protect persons, property, and the environment on the outer
Continental Shelf; and
(3) allow prompt access, at the site of any operation subject to
safety regulations, to any inspector, and to provide such documents
and records which are pertinent to occupational or public health,
safety, or environmental protection, as may be requested.
(c) Onsite inspection of facilities
The Secretary and the Secretary of the Department in which the Coast
Guard is operating shall individually, or jointly if they so agree,
promulgate regulations to provide for-(1) scheduled onsite inspection, at least once a year, of each
facility on the outer Continental Shelf which is subject to any
environmental or safety regulation promulgated pursuant to this
subchapter, which inspection shall include all safety equipment
designed to prevent or ameliorate blowouts, fires, spillages, or
other major accidents; and
(2) periodic onsite inspection without advance notice to the
operator of such facility to assure compliance with such
environmental or safety regulations.
(d) Investigation and report on major fires, oil spills, death, or
serious injury

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(1) The Secretary or the Secretary of the Department in which the
Coast Guard is operating shall make an investigation and public report
on each major fire and each major oil spillage occurring as a result of
operations conducted pursuant to this subchapter, and may, in his
discretion, make an investigation and report of lesser oil spillages.
For purposes of this subsection, a major oil spillage is any spillage in
one instance of more than two hundred barrels of oil during a period of
thirty days. All holders of leases or permits issued or maintained under
this subchapter shall cooperate with the appropriate Secretary in the
course of any such investigation.
(2) The Secretary or the Secretary of the Department in which the
Coast Guard is operating shall make an investigation and public report
on any death or serious injury occurring as a result of operations
conducted pursuant to this subchapter, and may, in his discretion, make
an investigation and report of any injury. For purposes of this
subsection, a serious injury is one resulting in substantial impairment
of any bodily unit or function. All holders of leases or permits issued
or maintained under this subchapter shall cooperate with the appropriate
Secretary in the course of any such investigation.
(e) Review of allegations of violations
The Secretary, or, in the case of occupational safety and health,
the Secretary of the Department in which the Coast Guard is operating,
may review any allegation from any person of the existence of a
violation of a safety regulation issued under this subchapter.
(f) Summoning of witnesses and production of evidence
In any investigation conducted pursuant to this section, the
Secretary or the Secretary of the Department in which the Coast Guard is
operating shall have power to summon witnesses and to require the
production of books, papers, documents, and any other evidence.
Attendance of witnesses or the production of books, papers, documents,
or any other evidence shall be compelled by a similar process, as in the
district courts of the United States. Such Secretary, or his designee,
shall administer all necessary oaths to any witnesses summoned before
such investigation.
(Aug. 7, 1953, ch. 345, Sec. 22, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105-362, title
IX, Sec. 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)
Amendments
1998--Subsec. (g). Pub. L. 105-362 struck out subsec. (g) which read
as follows: ``The Secretary shall, after consultation with the Secretary
of the Department in which the Coast Guard is operating, include in his
annual report to the Congress required by section 1343 of this title the
number of violations of safety regulations reported or alleged, any
investigations undertaken, the results of such investigations, and any
administrative or judicial action taken as a result of such
investigations, and the results of the diving studies conducted under
section 1347(e) of this title.''
Report and Recommendations by Secretary to Congress for Training Program
Pub. L. 95-372, title VI, Sec. 607, Sept. 18, 1978, 92 Stat. 697,
required the Secretary of the Interior, in consultation with the
Secretary of the Department in which the Coast Guard is operating, not
later than ninety days after Sept. 18, 1978, to prepare and submit to
the Congress a training program report concerning individuals employed
on any artificial island, installation, or other device located on the

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Outer Continental Shelf and who, as part of their employment, operate or
supervise the operation of pollution-prevention equipment.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 43USC1350]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1350. Remedies and penalties
(a) Injunctions, restraining orders, etc.
At the request of the Secretary, the Secretary of the Army, or the
Secretary of the Department in which the Coast Guard is operating, the
Attorney General or a United States attorney shall institute a civil
action in the district court of the United States for the district in
which the affected operation is located for a temporary restraining
order, injunction, or other appropriate remedy to enforce any provision
of this subchapter, any regulation or order issued under this
subchapter, or any term of a lease, license, or permit issued pursuant
to this subchapter.
(b) Civil penalties; hearing
(1) Except as provided in paragraph (2), if any person fails to
comply with any provision of this subchapter, or any term of a lease,
license, or permit issued pursuant to this subchapter, or any regulation
or order issued under this subchapter, after notice of such failure and
expiration of any reasonable period allowed for corrective action, such
person shall be liable for a civil penalty of not more than $20,000 for
each day of the continuance of such failure. The Secretary may assess,
collect, and compromise any such penalty. No penalty shall be assessed
until the person charged with a violation has been given an opportunity
for a hearing. The Secretary shall, by regulation at least every 3
years, adjust the penalty specified in this paragraph to reflect any
increases in the Consumer Price Index (all items, United States city
average) as prepared by the Department of Labor.
(2) If a failure described in paragraph (1) constitutes or
constituted a threat of serious, irreparable, or immediate harm or
damage to life (including fish and other aquatic life), property, any
mineral deposit, or the marine, coastal, or human environment, a civil
penalty may be assessed without regard to the requirement of expiration
of a period allowed for corrective action.
(c) Criminal penalties
Any person who knowingly and willfully (1) violates any provision of
this subchapter, any term of a lease, license, or permit issued pursuant
to this subchapter, or any regulation or order issued under the
authority of this subchapter designed to protect health, safety, or the
environment or conserve natural resources, (2) makes any false
statement, representation, or certification in any application, record,
report, or other document filed or required to be maintained under this
subchapter, (3) falsifies, tampers with, or renders inaccurate any
monitoring device or method of record required to be maintained under
this subchapter, or (4) reveals any data or information required to be
kept confidential by this subchapter shall, upon conviction, be punished
by a fine of not more than $100,000, or by imprisonment for not more

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than ten years, or both. Each day that a violation under clause (1) of
this subsection continues, or each day that any monitoring device or
data recorder remains inoperative or inaccurate because of any activity
described in clause (3) of this subsection, shall constitute a separate
violation.
(d) Liability of corporate officers and agents for violations by
corporation
Whenever a corporation or other entity is subject to prosecution
under subsection (c) of this section, any officer or agent of such
corporation or entity who knowingly and willfully authorized, ordered,
or carried out the proscribed activity shall be subject to the same
fines or imprisonment, or both, as provided for under subsection (c) of
this section.
(e) Concurrent and cumulative nature of penalties
The remedies and penalties prescribed in this subchapter shall be
concurrent and cumulative and the exercise of one shall not preclude the
exercise of the others. Further, the remedies and penalties prescribed
in this subchapter shall be in addition to any other remedies and
penalties afforded by any other law or regulation.
(Aug. 7, 1953, ch. 345, Sec. 24, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101-380, title
VIII, Sec. 8201, Aug. 18, 1990, 104 Stat. 570.)
Amendments
1990--Subsec. (b). Pub. L. 101-380 substituted ``(1) Except as
provided in paragraph (2), if any'' for ``If any'', substituted
``$20,000'' for ``$10,000'', inserted at end ``The Secretary shall, by
regulation at least every 3 years, adjust the penalty specified in this
paragraph to reflect any increases in the Consumer Price Index (all
items, United States city average) as prepared by the Department of
Labor'', and added par. (2).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of Title 33, Navigation and
Navigable Waters.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 43USC1356]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1356. Documentary, registry and manning requirements
(a) Regulations
Within six months after September 18, 1978, the Secretary of the
Department in which the Coast Guard is operating shall issue regulations
which require that any vessel, rig, platform, or other vehicle or
structure-(1) which is used at any time after the one-year period
beginning on the effective date of such regulations for activities
pursuant to this subchapter and which is built or rebuilt at any
time after such one-year period, when required to be documented by
the laws of the United States, be documented under the laws of the
United States;
(2) which is used for activities pursuant to this subchapter,
comply, except as provided in subsection (b) of this section, with
such minimum standards of design, construction, alteration, and
repair as the Secretary or the Secretary of the Department in which
the Coast Guard is operating establishes; and
(3) which is used at any time after the one-year period
beginning on the effective date of such regulations for activities
pursuant to this subchapter, be manned or crewed, except as provided
in subsection (c) of this section, by citizens of the United States
or aliens lawfully admitted to the United States for permanent
residence.
(b) Exceptions from design, construction, alteration, and repair
requirements
The regulations issued under subsection (a)(2) of this section shall
not apply to any vessel, rig, platform, or other vehicle or structure
built prior to September 18, 1978, until such time after such date as
such vehicle or structure is rebuilt.
(c) Exceptions from manning requirements
The regulations issued under subsection (a)(3) of this section shall
not apply-(1) to any vessel, rig, platform, or other vehicle or structure
if-(A) specific contractual provisions or national registry
manning requirements in effect on September 18, 1978, provide to
the contrary;
(B) there are not a sufficient number of citizens of the
United States, or aliens lawfully admitted to the United States
for permanent residence, qualified and available for such work;
or
(C) the President makes a specific finding, with respect to
the particular vessel, rig, platform, or other vehicle or
structure, that application would not be consistent with the

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national interest; and
(2) to any vessel, rig, platform, or other vehicle or structure,
over 50 percent of which is owned by citizens of a foreign nation or
with respect to which the citizens of a foreign nation have the
right effectively to control, except to the extent and to the degree
that the President determines that the government of such foreign
nation or any of its political subdivisions has implemented, by
statute, regulation, policy, or practice, a national manning
requirement for equipment engaged in the exploration, development,
or production of oil and gas in its offshore areas.
(Aug. 7, 1953, ch. 345, Sec. 30, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 669.)

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