1625-0096 Stat/Authority

Page 565

§ 1801

TITLE 43—PUBLIC LANDS

(C) Additions to the Outstanding Natural
Area
Any land or interest in land adjacent to
the Outstanding Natural Area acquired by
the United States after May 8, 2008, under
subparagraph (A) shall be added to, and administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities
Nothing in this section, the management
plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet
Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects—
(A) any maritime security, maritime safety, or environmental protection mission or
activity of the Coast Guard;
(B) any border security operation or law
enforcement activity by the Department of
Homeland Security or the Department of
Justice; or
(C) any law enforcement activity of any
Federal, State, or local law enforcement
agency in the Outstanding Natural Area.
(7) Future disposition of Coast Guard facilities
If the Commandant determines, after May 8,
2008, that Coast Guard facilities within the
Outstanding Natural Area exceed the needs of
the Coast Guard, the Commandant may relinquish the facilities to the Secretary without
removal, subject only to any environmental
remediation that may be required by law.
(e) Effect on ongoing and future Coast Guard operations
Nothing in this section, the management plan,
or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource
Management Plan) precludes, prohibits, or
otherwise affects ongoing or future Coast Guard
operations or activities in the Outstanding Natural Area, including—
(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on
lot 16;
(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access
to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier
on lot 18;
(4) the existing lease of the Jupiter Inlet
Lighthouse on lot 18 from the Coast Guard to
the Loxahatchee River Historical Society; or
(5) any easements or other less-than-fee interests in property appurtenant to existing
Coast Guard facilities on lots 16 and 18.
(f) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.

(Pub. L. 110–229, title II, § 202, May 8, 2008, 122
Stat. 763.)
REFERENCES IN TEXT
The Executive Order dated October 22, 1854, and Executive Order No. 4254 (June 12, 1925), referred to in subsec. (b)(4)(B)(i), (ii), were not classified to the Code.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (d)(1)(A)(iii), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 1701 of this title and Tables.
CODIFICATION
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the Federal Land Policy and Management Act of 1976 which
comprises this chapter.

CHAPTER 36—OUTER CONTINENTAL SHELF
RESOURCE MANAGEMENT
Sec.

1801.
1802.

Congressional findings.
Congressional declaration of purposes.
SUBCHAPTER I—OFFSHORE OIL SPILL
POLLUTION FUND

1811 to 1824. Repealed.
SUBCHAPTER II—FISHERMEN’S CONTINGENCY
FUND
1841.
Definitions.
1842.
Fishermen’s Contingency Fund.
1843.
Duties and powers of Secretary.
1844.
Burden of proof.
1845.
Claims procedure.
1846, 1847. Repealed.
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
1861.
1862.
1863.
1864.

1865.
1866.

Repealed.
Natural gas distribution.
Unlawful employment practices; regulations.
Disclosure of financial interests by officers
and employees of Department of the Interior.
Investigation of reserves of oil and gas in
Outer Continental Shelf.
Relationship to existing law.

§ 1801. Congressional findings
The Congress finds and declares that—
(1) the demand for energy in the United
States is increasing and will continue to increase for the foreseeable future;
(2) domestic production of oil and gas has declined in recent years;
(3) the United States has become increasingly dependent upon imports of oil from foreign nations to meet domestic energy demand;
(4) increasing reliance on imported oil is not
inevitable, but is rather subject to significant
reduction by increasing the development of
domestic sources of energy supply;
(5) consumption of natural gas in the United
States has greatly exceeded additions to domestic reserves in recent years;
(6) technology is or can be made available
which will allow significantly increased domestic production of oil and gas without
undue harm or damage to the environment;
(7) the Outer Continental Shelf contains significant quantities of oil and natural gas and
is a vital national resource reserve which
must be carefully managed so as to realize fair

§ 1802

TITLE 43—PUBLIC LANDS

value, to preserve and maintain competition,
and to reflect the public interest;
(8) there presently exists a variety of technological, economic, environmental, administrative, and legal problems which tend to retard the development of the oil and natural
gas reserves of the Outer Continental Shelf;
(9) environmental and safety regulations relating to activities on the Outer Continental
Shelf should be reviewed in light of current
technology and information;
(10) the development, processing, and distribution of the oil and gas resources of the
Outer Continental Shelf, and the siting of related energy facilities, may cause adverse impacts on various States and local governments;
(11) policies, plans, and programs developed
by States and local governments in response
to activities on the Outer Continental Shelf
cannot anticipate and ameliorate such adverse
impacts unless such States, working in close
cooperation with affected local governments,
are provided with timely access to information regarding activities on the Outer Continental Shelf and an opportunity to review
and comment on decisions relating to such activities;
(12) funds must be made available to pay for
the prompt removal of any oil spilled or discharged as a result of activities on the Outer
Continental Shelf and for any damages to public or private interests caused by such spills or
discharges;
(13) because of the possible conflicts between
exploitation of the oil and gas resources in the
Outer Continental Shelf and other uses of the
marine environment, including fish and shellfish growth and recovery, and recreational activity, the Federal Government must assume
responsibility for the minimization or elimination of any conflict associated with such exploitation;
(14) the oil and gas resources of the Outer
Continental Shelf are limited, nonrenewable
resources which must be developed in a manner which takes into consideration the Nation’s long-range energy needs and also assures adequate protection of the renewable resources of the Outer Continental Shelf which
are a continuing and increasingly important
source of food and protein to the Nation and
the world; and
(15) funds must be made available to pay for
damage to commercial fishing vessels and gear
resulting from activities involving oil and gas
exploration, development, and production on
the Outer Continental Shelf.
(Pub. L. 95–372, title I, § 101, Sept. 18, 1978, 92
Stat. 630.)
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–610, title I, § 1, Nov. 5, 1988, 102 Stat. 3176,
provided that: ‘‘This Act [probably should be ‘This
title’, which amended section 1815 of this title] may be
cited as the ‘Outer Continental Shelf Operations Indemnification Clarification Act of 1988’.’’
SHORT TITLE
Pub. L. 95–372, § 1, Sept. 18, 1978, 92 Stat. 629, provided:
‘‘That this Act [enacting this chapter, sections 1344 to

Page 566

1356 of this title, and section 237 of Title 30, Mineral
Lands and Mining, amending sections 1331 to 1334, 1337,
1340, and 1343 of this title, sections 1456, 1456a, and 1464
of Title 16, Conservation, and section 6213 of Title 42,
The Public Health and Welfare, and enacting provisions
set out as notes under sections 1348 and 1811 of this
title] may be cited as the ‘Outer Continental Shelf
Lands Act Amendments of 1978’.’’

§ 1802. Congressional declaration of purposes
The purposes of this chapter are to—
(1) establish policies and procedures for managing the oil and natural gas resources of the
Outer Continental Shelf which are intended to
result in expedited exploration and development of the Outer Continental Shelf in order
to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a
favorable balance of payments in world trade;
(2) preserve, protect, and develop oil and
natural gas resources in the Outer Continental
Shelf in a manner which is consistent with the
need (A) to make such resources available to
meet the Nation’s energy needs as rapidly as
possible, (B) to balance orderly energy resource development with protection of the
human, marine, and coastal environments, (C)
to insure the public a fair and equitable return
on the resources of the Outer Continental
Shelf, and (D) to preserve and maintain free
enterprise competition;
(3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of
damage to the human, marine, and coastal environments;
(4) provide States, and through States, local
governments, which are impacted by Outer
Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan
for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States,
local governments, have timely access to information regarding activities on the Outer
Continental Shelf, and opportunity to review
and comment on decisions relating to such activities, in order to anticipate, ameliorate,
and plan for the impacts of such activities;
(6) assure that States, and through States,
local governments, which are directly affected
by exploration, development, and production
of oil and natural gas are provided an opportunity to participate in policy and planning
decisions relating to management of the resources of the Outer Continental Shelf;
(7) minimize or eliminate conflicts between
the exploration, development, and production
of oil and natural gas, and the recovery of
other resources such as fish and shellfish;
(8) establish an oilspill liability fund to pay
for the prompt removal of any oil spilled or
discharged as a result of activities on the
Outer Continental Shelf and for any damages
to public or private interests caused by such
spills or discharges;
(9) insure that the extent of oil and natural
gas resources of the Outer Continental Shelf is
assessed at the earliest practicable time; and
(10) establish a fishermen’s contingency fund
to pay for damages to commercial fishing ves-