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43 U.S.C. § 1336 — Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1336 — Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico

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/

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Stable record: federal_law:legal_authorities:record_usc_5307a1e16d918995910debc0
Source file: Laws/federal/codes/united-states-code/title-43/section-1336-controversies-over-jurisdiction-agreements-payments-final-settlement-or--432998c4d7.md
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Source location: Title 43, Chapter 29, § 1336; chapter-029-submerged-lands.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1337 — Leases, easements, and rights-of-way on the outer Continental Shelf

**(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

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1336 — Controversies over jurisdiction; agree-

Page 334 TITLE 43—PUBLIC LANDS § 1336 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 prescribe within ninety days after making his determination that such lease meets the requirements of sub- section (a) of this section: Provided, however, That any rights to sulphur under any lease maintained under the provisions of this sub- section 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 sul- phur, 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 main- tained in accordance with such lease and the provisions of this subchapter: Provided further, That, if the primary term of a lease being main- tained 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 sul- phur is produced in paying quantities, or drill- ing, well working, plant construction, or other operations for the production of sulphur, as ap- proved 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

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