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43 U.S.C. § 1335 — Validation and maintenance of prior leases
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements for validation** The provisions of this section shall apply to any mineral lease covering submerged lands of the outer Continental Shelf issued by any State (including any extension, renewal, or replacement thereof heretofore granted pursuant to such lease or under the laws of such State) if—
(1) such lease, or a true copy thereof, is filed with the Secretary by the lessee or his duly authorized agent within ninety days from August 7, 1953, or within such further period or periods as provided in [section 1336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1336&num=0&edition=prelim) or as may be fixed from time to time by the Secretary;
(2) such lease was issued prior to December 21, 1948, and would have been on June 5, 1950, in force and effect in accordance with its terms and provisions and the law of the State issuing it had the State had the authority to issue such lease;
(3) there is filed with the Secretary, within the period or periods specified in paragraph (1) of this subsection, (A) a certificate issued by the State official or agency having jurisdiction over such lease stating that it would have been in force and effect as required by the provisions of paragraph (2) of this subsection, or (B) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents that may be required by the Secretary, sufficient to prove that such lease would have been so in force and effect;
(4) except as otherwise provided in [section 1336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1336&num=0&edition=prelim) hereof, all rents, royalties, and other sums payable under such lease between June 5, 1950, and August 7, 1953
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Source file: Laws/federal/codes/united-states-code/title-43/section-1335-validation-and-maintenance-of-prior-leases--32605c1da5.md
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Source location: Title 43, Chapter 29, § 1335; chapter-029-submerged-lands.md
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**(a) Requirements for validation** The provisions of this section shall apply to any mineral lease covering submerged lands of the outer Continental Shelf issued by any State (including any extension, renewal, or replacement thereof heretofore granted pursuant to such lease or under the laws of such State) if—
(1) such lease, or a true copy thereof, is filed with the Secretary by the lessee or his duly authorized agent within ninety days from August 7, 1953, or within such further period or periods as provided in [section 1336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1336&num=0&edition=prelim) or as may be fixed from time to time by the Secretary;
(2) such lease was issued prior to December 21, 1948, and would have been on June 5, 1950, in force and effect in accordance with its terms and provisions and the law of the State issuing it had the State had the authority to issue such lease;
(3) there is filed with the Secretary, within the period or periods specified in paragraph (1) of this subsection, (A) a certificate issued by the State official or agency having jurisdiction over such lease stating that it would have been in force and effect as required by the provisions of paragraph (2) of this subsection, or (B) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents that may be required by the Secretary, sufficient to prove that such lease would have been so in force and effect;
(4) except as otherwise provided in [section 1336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1336&num=0&edition=prelim) hereof, all rents, royalties, and other sums payable under such lease between June 5, 1950, and August 7, 1953, which have not been paid in accordance with the provisions thereof, or to the Secretary or to the Secretary of the Navy, are paid to the Secretary within the period or periods specified in paragraph (1) of this subsection, and all rents, royalties, and other sums payable under such lease after August 7, 1953, are paid to the Secretary, who shall deposit such payments in the Treasury in accordance with [section 1338 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1338&num=0&edition=prelim);
(5) the holder of such lease certifies that such lease shall continue to be subject to the overriding royalty obligations existing on August 7, 1953;
(6) such lease was not obtained by fraud or misrepresentation;
(7) such lease, if issued on or after June 23, 1947, was issued upon the basis of competitive bidding;
(8) such lease provides for a royalty to the lessor on oil and gas of not less than 12½ per centum and on sulphur of not less than 5 per centum in amount or value of the production saved, removed, or sold from the lease, or, in any case in which the lease provides for a lesser royalty, the holder thereof consents in writing, filed with the Secretary, to the increase of the royalty to the minimum herein specified;
(9) the holder thereof pays to the Secretary within the period or periods specified in paragraph (1) of this subsection an amount equivalent to any severance, gross production, or occupation taxes imposed by the State issuing the lease on the production from the lease, less the State’s royalty interest in such production, between June 5, 1950, and August 7, 1953 and not heretofore paid to the State, and thereafter pays to the Secretary as an additional royalty on the production from the lease, less the United States’ royalty interest in such production, a sum of money equal to the amount of the severance, gross production, or occupation taxes which would have been payable on such production to the State issuing the lease under its laws as they existed on August 7, 1953;
(10) such lease will terminate within a period of not more than five years from August 7, 1953 in the absence of production or operations for drilling, or, in any case in which the lease provides for a longer period, the holder thereof consents in writing, filed with the Secretary, to the reduction of such period so that it will not exceed the maximum period herein specified; and
(11) the holder of such lease furnishes such surety bond, if any, as the Secretary may require and complies with such other reasonable requirements as the Secretary may deem necessary to protect the interests of the United States.
**(b) Conduct of operations under lease; sulphur rights** Any person holding a mineral lease, which as determined by the Secretary meets the requirements of subsection (a) of this section, may continue to maintain such lease, and may conduct operations thereunder, in accordance with (1) its provisions as to the area, the minerals covered, rentals and, subject to the provisions of paragraphs (8)–(10) of subsection (a) of this section, as to royalties and as to the term thereof and of any extensions, renewals, or replacements authorized therein or heretofore authorized by the laws of the State issuing such lease, or, if oil or gas was not being produced in paying quantities from such lease on or before December 11, 1950, or if production in paying quantities has ceased since June 5, 1950, or if the primary term of such lease has expired since December 11, 1950, then for a term from August 7, 1953 equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of such State, and (2) such regulations as the Secretary may under [section 1334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1334&num=0&edition=prelim) prescribe within ninety days after making his determination that such lease meets the requirements of subsection (a) of this section: Provided, however, That any rights to sulphur under any lease maintained under the provisions of this subsection shall not extend beyond the primary term of such lease or any extension thereof under the provisions of this subsection unless sulphur is being produced in paying quantities or drilling, well reworking, plant construction, or other operations for the production of sulphur, as approved by the Secretary, are being conducted on the area covered by such lease on the date of expiration of such primary term or extension: Provided further, That if sulphur is being produced in paying quantities on such date, then such rights shall continue to be maintained in accordance with such lease and the provisions of this subchapter: Provided further, That, if the primary term of a lease being maintained under this subsection has expired prior to August 7, 1953 and oil or gas is being produced in paying quantities on such date, then such rights to sulphur as the lessee may have under such lease shall continue for twenty-four months from August 7, 1953 and as long thereafter as sulphur is produced in paying quantities, or drilling, well working, plant construction, or other operations for the production of sulphur, as approved by the Secretary, are being conducted on the area covered by the lease.
**(c) Nonwaiver of United States claims** The permission granted in subsection (b) of this section shall not be construed to be a waiver of such claims, if any, as the United States may have against the lessor or the lessee or any other person respecting sums payable or paid for or under the lease, or respecting activities conducted under the lease, prior to August 7, 1953.
**(d) Judicial review of determination** Any person complaining of a negative determination by the Secretary of the Interior under this section may have such determination reviewed by the United States District Court for the District of Columbia by filing a petition for review within sixty days after receiving notice of such action by the Secretary.
**(e) Lands beneath navigable waters** In the event any lease maintained under this section covers lands beneath navigable waters, as that term is used in the Submerged Lands Act [[43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.], as well as lands of the outer Continental Shelf, the provisions of this section shall apply to such lease only insofar as it covers lands of the outer Continental Shelf.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1334
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Federal law — U.S. Code and appendices · legal_authorities
In the event of a controversy between the United States and a State as to whether or not lands are subject to the provisions of this subchapter, the Secretary is authorized, notwithstanding the provisions of section 1335(a) and (b) of this title and with the concurrence of the Attorney General of the United States, to negotiate and enter into agreements with the State, its political subdivision or grantee or a lessee thereof, respecting operations under existing mineral leases and payment and impounding of rents, royalties, and other sums payable thereunder, or with the State, its political subdivision or grantee, respecting the issuance or nonissuance of new mineral leases pending the settlement or adjudication of the controversy. The authorization contained in the preceding sentence of this section shall not be construed to be a limitation upon the authority conferred on the Secretary in other sections of this subchapter. Payments made pursuant to such agreement, or pursuant to any stipulation between the United States and a State, shall be considered as compliance with [section 1335(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335/a/4&num=0&edition=prelim). Upon the termination of such agreement or stipulation by reason of the final settlement or adjudication of such controversy, if the lands subject to any mineral lease are determined to be in whole or in part lands subject to the provisions of this subchapter, the lessee, if he has not already done so, shall comply with the requirements of [section 1335(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335/a&num=0&edition=prelim), and thereupon the provisions of [section 1335(b) of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1336
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter and subchapter II—
**(a)** The term “lands beneath navigable waters” means—
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and
(3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined;
**(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
All rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy under any lease on the outer Continental Shelf for the period from June 5, 1950, to date, and thereafter shall be deposited in the Treasury of the United States and credited to miscellaneous receipts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1338
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Oil and gas leases; award to highest responsible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice**
(1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim). Such regulations may provide for the deposit of cash bids in an interest-bearing account until the Secretary announces his decision on whether to accept the bids, with the interest earned thereon to be paid to the Treasury as to bids that are accepted and to the unsuccessful bidders as to bids that are rejected. The bidding shall be by sealed bid and, at the discretion of the Secretary, on the basis of—
(A) cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of the production saved, removed, or sold;
(B) variable royalty bid based on a per centum in amount or value of the production saved, removed, or sold, with either a fixed work commitment based on dollar amount for exploration or a fixed cash bonus as determined by the Secretary, or both;
(C) cash bonus bid, or work commitment bid based on a dollar amount for exploration with a fixed cash bonus, and a diminishing or sliding royalty based on such formulae as the Secretary shall determine as equitable to encourage continued production from the lease area as resources diminish, but not less than 12½ percent, but not more than 16⅔ pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1337
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Federal law — U.S. Code and appendices · legal_authorities
Page 317
TITLE 43—PUBLIC LANDS
§ 1301
1 So in original. The comma probably should be a semicolon.
and tenants of land acquired for developments and to
applications for payments.
Section 1232, Pub. L. 85–433, § 2, May 29, 1958, 72 Stat.
152, related to administration and rules and regula-
tions.
Section 1233, Pub. L. 85–433, § 3, May 29, 1958, 72 Stat.
152, related to definitions.
Section 1234, Pub. L. 85–433, § 4, May 29, 1958, 72 Stat.
152, related to availability of appropriations. See sec-
tion 4601 et seq. of Title 42, The Public Health and Wel-
fare.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 2, 1971, see section 221 of Pub. L.
91–646, set out as an Effective Date note under section
4601 of Title 42, The Public Health and Welfare.
SAVINGS PROVISION
Any rights or liabilities existing under provisions re-
pealed by section 220(a) of Pub. L. 91–646 as not affected
by such repeal, see section 220(b) of Pub. L. 91–646, set
out as a note under section 4621 of Title 42, The Public
Health and Welfare.
SUBCHAPTER XIII—STATE CONTROL OF
NOXIOUS PLANTS ON GOVERNMENT LANDS
§ 1241. Transferred
Editorial Notes
CODIFICATION
Section 1241 was editorially reclassified as section
2701 of this title.
§ 1242. Transferred
Editorial Notes
CODIFICATION
Section 1242 was editorially reclassified as section
2702 of this title.
§ 1243. Transferred
Editorial Notes
CODIFICATION
Section 1243 was editorially reclassified as section
2703 of this title.
CHAPTER 29—SUBMERGED LANDS
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.
Righ
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
Page 333
TITLE 43—PUBLIC LANDS
§ 1335
WEST DELTA FIELD
Pub. L. 101–380, title VI, § 6004(b), Aug. 18, 1990, 104
Stat. 558, provided that: ‘‘Section 5(j) of the Outer Con-
tinental Shelf Lands Act [43 U.S.C. 1334(j)], as added by
this section, shall not be applicable with respect to
Blocks 17 and 18 of the West Delta Field offshore Lou-
isiana.’’
Executive Documents
KEY LARGO CORAL REEF PRESERVE
Secretary of the Interior to prescribe rules and regu-
lations governing the protection and conservation of
the coral and other mineral resources in the area des-
ignated Key Largo Coral Reef Preserve, see Proc. No.
3339, Mar. 15, 1960, 25 F.R. 2352, set out as a note under
section 320101 of Title 54, National Park Service and
Related Programs.
§ 1335. Validation and maintenance of prior
leases
(a) Requirements for validation
The provisions of this section shall apply to
any mineral lease covering submerged lands of
the outer Continental Shelf issued by any State
(including any extension, renewal, or replace-
ment thereof heretofore granted pursuant to
such lease or under the laws of such State) if—
(1) such lease, or a true copy thereof, is filed
with the Secretary by the lessee or his duly
authorized agent within ninety days from Au-
gust 7, 1953, or within such further period or
periods as provided in section 1336 of this title
or as may be fixed from time to time by the
Secretary;
(2) such lease was issued prior to December
21, 1948, and would have been on June 5, 1950,
in force and effect in accordance with its
terms and provisions and the law of the State
issuing it had the State had the authority to
issue such lease;
(3) there is filed with the Secretary, within
the period or periods specified in paragraph (1)
of this subsection, (A) a certi
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1335
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