1625-0011 Stat/Authority

§ 1332

TITLE 43—PUBLIC LANDS

§ 1332. Congressional declaration of policy
It is hereby declared to be the policy of the
United States that—
(1) the subsoil and seabed of the outer Continental Shelf appertain to the United States
and are subject to its jurisdiction, control, and
power of disposition as provided in this subchapter;
(2) this subchapter shall be construed in such
a manner that the character of the waters
above the outer Continental Shelf as high seas
and the right to navigation and fishing therein
shall not be affected;
(3) the outer Continental Shelf is a vital national resource reserve held by the Federal
Government for the public, which should be
made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with
the maintenance of competition and other national needs;
(4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on
coastal and non-coastal areas of the coastal
States, and on other affected States, and, in
recognition of the national interest in the effective management of the marine, coastal,
and human environments—
(A) such States and their affected local
governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts;
(B) the distribution of a portion of the receipts from the leasing of mineral resources
of the outer Continental Shelf adjacent to
State lands, as provided under section 1337(g)
of this title, will provide affected coastal
States and localities with funds which may
be used for the mitigation of adverse economic and environmental effects related to
the development of such resources; and
(C) such States, and through such States,
affected local governments, are entitled to
an opportunity to participate, to the extent
consistent with the national interest, in the
policy and planning decisions made by the
Federal Government relating to exploration
for, and development and production of,
minerals of the outer Continental Shelf.1
(5) the rights and responsibilities of all
States and, where appropriate, local governments, to preserve and protect their marine,
human, and coastal environments through
such means as regulation of land, air, and
water uses, of safety, and of related development and activity should be considered and
recognized; and
(6) operations in the outer Continental Shelf
should be conducted in a safe manner by welltrained personnel using technology, precautions, and techniques sufficient to prevent
or minimize the likelihood of blowouts, loss of
well control, fires, spillages, physical obstruction to other users of the waters or subsoil and
seabed, or other occurrences which may cause
damage to the environment or to property, or
endanger life or health.
1 So

in original. The period probably should be a semicolon.

Page 302

(Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L.
95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634;
Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100
Stat. 148.)
AMENDMENTS
1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B)
and redesignated former subpar. (B) as (C).
1978—Pub. L. 95–372 redesignated subsecs. (a) and (b)
as pars. (1) and (2) and added pars. (3) to (6).

§ 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.
(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
1 So

in original. Probably should be ‘‘settling’’.

Page 303

§ 1333

TITLE 43—PUBLIC LANDS

the result of operations 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, 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.
(Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L.
93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L.
95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635;
Pub. L. 98–426, § 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 (§ 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 (§ 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, § 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, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95–372, § 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, § 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

§ 1334

TITLE 43—PUBLIC LANDS

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, § 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, § 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 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, § 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, § 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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1334. Administration of leasing
(a) Rules and regulations; amendment; cooperation with State agencies; subject matter and
scope of regulations
The Secretary shall administer the provisions
of this subchapter relating to the leasing of the
outer Continental Shelf, and shall prescribe
such rules and regulations as may be necessary
to carry out such provisions. The Secretary may
at any time prescribe and amend such rules and
regulations as he determines to be necessary
and proper in order to provide for the prevention
of waste and conservation of the natural resources of the outer Continental Shelf, and the
protection of correlative rights therein, and,
notwithstanding any other provisions herein,
such rules and regulations shall, as of their effective date, apply to all operations conducted
under a lease issued or maintained under the
provisions of this subchapter. In the enforcement of safety, environmental, and conservation
laws and regulations, the Secretary shall cooperate with the relevant departments and
agencies of the Federal Government and of the

Page 304

affected States. In the formulation and promulgation of regulations, the Secretary shall request and give due consideration to the views of
the Attorney General with respect to matters
which may affect competition. In considering
any regulations and in preparing any such
views, the Attorney General shall consult with
the Federal Trade Commission. The regulations
prescribed by the Secretary under this subsection shall include, but not be limited to, provisions—
(1) for the suspension or temporary prohibition of any operation or activity, including
production, pursuant to any lease or permit
(A) at the request of a lessee, in the national
interest, to facilitate proper development of a
lease or to allow for the construction or negotiation for use of transportation facilities, or
(B) if there is a threat of serious, irreparable,
or immediate harm or damage to life (including fish and other aquatic life), to property, to
any mineral deposits (in areas leased or not
leased), or to the marine, coastal, or human
environment, and for the extension of any permit or lease affected by suspension or prohibition under clause (A) or (B) by a period equivalent to the period of such suspension or prohibition, except that no permit or lease shall be
so extended when such suspension or prohibition is the result of gross negligence or willful
violation of such lease or permit, or of regulations issued with respect to such lease or permit;
(2) with respect to cancellation of any lease
or permit—
(A) that such cancellation may occur at
any time, if the Secretary determines, after
a hearing, that—
(i) continued activity pursuant to such
lease or permit would probably cause serious harm or damage to life (including fish
and other aquatic life), to property, to any
mineral (in areas leased or not leased), to
the national security or defense, or to the
marine, coastal, or human environment;
(ii) the threat of harm or damage will
not disappear or decrease to an acceptable
extent within a reasonable period of time;
and
(iii) the advantages of cancellation outweigh the advantages of continuing such
lease or permit force;
(B) that such cancellation shall not occur
unless and until operations under such lease
or permit shall have been under suspension,
or temporary prohibition, by the Secretary,
with due extension of any lease or permit
term continuously for a period of five years,
or for a lesser period upon request of the lessee;
(C) that such cancellation shall entitle the
lessee to receive such compensation as he
shows to the Secretary as being equal to the
lesser of (i) the fair value of the canceled
rights as of the date of cancellation, taking
account of both anticipated revenues from
the lease and anticipated costs, including
costs of compliance with all applicable regulations and operating orders, liability for
cleanup costs or damages, or both, in the
case of an oilspill, and all other costs rea-