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43 U.S.C. § 1340 — Geological and geophysical explorations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Approved exploration plans**
(1) Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area.
(2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this subchapter.
**(b) Oil and gas exploration** Except as provided in subsection (f) of this section, beginning ninety days after September 18, 1978, no exploration pursuant to any oil and gas lease issued or maintained under this subchapter may be undertaken by the holder of such lease, except in accordance with the provisions of this section.
**(c) Plan approval; State concurrence; plan provisions**
(1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of [section 1334(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
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Source file: Laws/federal/codes/united-states-code/title-43/section-1340-geological-and-geophysical-explorations--7008f563e3.md
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Source location: Title 43, Chapter 29, § 1340; chapter-029-submerged-lands.md
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**(a) Approved exploration plans**
(1) Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area.
(2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this subchapter.
**(b) Oil and gas exploration** Except as provided in subsection (f) of this section, beginning ninety days after September 18, 1978, no exploration pursuant to any oil and gas lease issued or maintained under this subchapter may be undertaken by the holder of such lease, except in accordance with the provisions of this section.
**(c) Plan approval; State concurrence; plan provisions**
(1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of [section 1334(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1334/a&num=0&edition=prelim), and the provisions of such lease. The Secretary shall require such modifications of such plan as are necessary to achieve such consistency. The Secretary shall approve such plan, as submitted or modified, within thirty days of its submission, except that the Secretary shall disapprove such plan if he determines that (A) any proposed activity under such plan would result in any condition described in [section 1334(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1334/a/2/A/i&num=0&edition=prelim), and (B) such proposed activity cannot be modified to avoid such condition. If the Secretary disapproves a plan under the preceding sentence, he may, subject to [section 1334(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1334/a/2/B&num=0&edition=prelim), cancel such lease and the lessee shall be entitled to compensation in accordance with the regulations prescribed under section 1334(a)(2)(C)(i) or (ii) of this title.
(2) The Secretary shall not grant any license or permit for any activity described in detail in an exploration plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to [section 1455 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1455&num=0&edition=prelim), unless the State concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to section 1456(c)(3)(B)(i) or (ii) of title 16, or the Secretary of Commerce makes the finding authorized by [section 1456(c)(3)(B)(iii) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1456/c/3/B/iii&num=0&edition=prelim).
(3) An exploration plan submitted under this subsection shall include, in the degree of detail which the Secretary may by regulation require—
(A) a schedule of anticipated exploration activities to be understaken; 11 So in original. Probably should be “undertaken;”.
(B) a description of equipment to be used for such activities;
(C) the general location of each well to be drilled; and
(D) such other information deemed pertinent by the Secretary.
(4) The Secretary may, by regulation, require that such plan be accompanied by a general statement of development and production intentions which shall be for planning purposes only and which shall not be binding on any party.
**(d) Drilling permit** The Secretary may, by regulation, require any lessee operating under an approved exploration plan to obtain a permit prior to drilling any well in accordance with such plan.
**(e) Plan revisions; conduct of exploration activities**
(1) If a significant revision of an exploration plan approved under this subsection is submitted to the Secretary, the process to be used for the approval of such revision shall be the same as set forth in subsection (c) of this section.
(2) All exploration activities pursuant to any lease shall be conducted in accordance with an approved exploration plan or an approved revision of such plan.
**(f) Drilling permits issued and exploration plans approved within 90-day period after September 18, 1978**
(1) Exploration activities pursuant to any lease for which a drilling permit has been issued or for which an exploration plan has been approved, prior to ninety days after September 18, 1978, shall be considered in compliance with this section, except that the Secretary may, in accordance with [section 1334(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1334/a/1/B&num=0&edition=prelim), order a suspension or temporary prohibition of any exploration activities and require a revised exploration plan.
(2) The Secretary may require the holder of a lease described in paragraph (1) of this subsection to supply a general statement in accordance with subsection (c)(4) of this section, or to submit other information.
(3) Nothing in this subsection shall be construed to amend the terms of any permit or plan to which this subsection applies.
**(g) Determinations requisite to issuance of permits** Any permit for geological explorations authorized by this section shall be issued only if the Secretary determines, in accordance with regulations issued by the Secretary, that—
(1) the applicant for such permit is qualified;
(2) the exploration will not interfere with or endanger operations under any lease issued or maintained pursuant to this subchapter; and
(3) such exploration will not be unduly harmful to aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological significance.
**(h) Lands beneath navigable waters adjacent to Phillip Burton Wilderness** The Secretary shall not issue a lease or permit for, or otherwise allow, exploration, development, or production activities within fifteen miles of the boundaries of the Phillip Burton Wilderness as depicted on a map entitled “Wilderness Plan, Point Reyes National Seashore”, numbered 612–90,000–B and dated September 1976, unless the State of California issues a lease or permit for, or otherwise allows, exploration, development, or production activities on lands beneath navigable waters (as such term is defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim)) of such State which are adjacent to such Wilderness.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; matching funds** The Secretary may make grants to any coastal state for the purpose of administering that State’s management program, if the State matches any such grant according to the following ratios of Federal-to-State contributions for the applicable fiscal year:
(1) For those States for which programs were approved prior to November 5, 1990, 1 to 1 for any fiscal year.
(2) For programs approved after November 5, 1990, 4 to 1 for the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fiscal year, and 1 to 1 for each fiscal year thereafter.
**(b) Grants to coastal states; requirements** The Secretary may make a grant to a coastal state under subsection (a) only if the Secretary finds that the management program of the coastal state meets all applicable requirements of this chapter and has been approved in accordance with subsection (d).
**(c) Allocation of grants to coastal states** Grants under this section shall be allocated to coastal states with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the program, population of the area, and other relevant factors. The Secretary shall establish, after consulting with the coastal states, maximum and minimum grants for any fiscal year to promote equity between coastal states and effective coastal management.
**(d) Mandatory adoption of State management program for coastal zone** Before approving a management program submitted by a coastal state, the Secretary shall find the following:
(1) The State has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, an
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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
For the purposes of this Act, the term—
(1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2) “barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4) “claimant” means any person or government who presents a claim for compensation under this subchapter;
(5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages;
(6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4);
(7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Access to data and information obtained by lessee or permittee from oil or gas exploration, etc., data obtained by Federal department or agency from geological and geophysical explorations**
(1)
(A) Any lessee or permittee conducting any exploration for, or development or production of, oil or gas pursuant to this subchapter shall provide the Secretary access to all data and information (including processed, analyzed, and interpreted information) obtained from such activity and shall provide copies of such data and information as the Secretary may request. Such data and information shall be provided in accordance with regulations which the Secretary shall prescribe.
(B) If an interpretation provided pursuant to subparagraph (A) of this paragraph is made in good faith by the lessee or permittee, such lessee or permittee shall not be held responsible for any consequence of the use of or reliance upon such interpretation.
(C) Whenever any data and information is provided to the Secretary, pursuant to subparagraph (A) of this paragraph—
(i) by a lessee, in the form and manner of processing which is utilized by such lessee in the normal conduct of his business, the Secretary shall pay the reasonable cost of reproducing such data and information;
(ii) by a lessee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay the reasonable cost of processing and reproducing such data and information;
(iii) by a permittee, in the form and manner of processing which is utilized by such permittee in the normal conduct of his business, the Secretary shall pay such permittee the reasonable cost of reproducing such data and information for the Secretary and shall pay at the lowest rate available to any purchaser for
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; availability; source of deposits; limitation on amount; interest-bearing accounts; litigation**
(1) There is established in the Treasury of the United States a Fishermen’s Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments pursuant to this section. The Fund shall consist of—
(A) revenues received from investments made under paragraph (3);
(B) amounts collected under subsection (b); and
(C) amounts recovered by the Secretary under [section 1845(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1845/h/2&num=0&edition=prelim).
The total amount in the Fund that is collected under subsection (b) may at no time exceed $2,000,000; and the total amount in the Fund which is attributable to revenue received under paragraph (3) or recovered by the Secretary under [section 1845(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1845/h/2&num=0&edition=prelim) shall be expended prior to amounts collected under subsection (b). Not more than 8 percent of the total amount in the Fund may be expended in any fiscal year for paying the administrative and personnel expenses referred to in paragraph (2)(A).
(2) The Fund shall be available, as provided for in appropriation Acts solely for the payment of—
(A) the personnel and administrative expenses incurred in carrying out this subchapter;
(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and
(C) attorney and other fees awarded under [section 1845(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
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Federal law — U.S. Code and appendices · legal_authorities
Page 346
TITLE 43—PUBLIC LANDS
§ 1339
1 So in original. Probably should be ‘‘undertaken;’’.
PRIOR PROVISIONS
A prior section 1338a, Pub. L. 101–512, title I, Nov. 5,
1990, 104 Stat. 1926; Pub. L. 102–381, title I, Oct. 5, 1992,
106 Stat. 1386; Pub. L. 103–332, title I, Sept. 30, 1994, 108
Stat. 2508, related to moneys received as a result of for-
feiture by Outer Continental Shelf permittee, lessee, or
right-of-way holder and return of excess amounts, prior
to repeal by Pub. L. 118–42, div. E, title I, § 123, Mar. 9,
2024, 138 Stat. 249.
§ 1339. Repealed. Pub. L. 104–185, § 8(b), Aug. 13,
1996, 110 Stat. 1717
Section, act Aug. 7, 1953, ch. 345, § 10, 67 Stat. 469, re-
lated to requirements for refund of excess payments.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 104–185, § 8(b), Aug. 13, 1996, 110 Stat. 1717, pro-
vided in part that the repeal of this section is effective
Aug. 13, 1996.
APPLICABILITY OF REPEAL
Repeal of section not applicable to any privately
owned minerals or with respect to Indian lands, see sec-
tions 9 and 10 of Pub. L. 104–185, set out as an Applica-
bility of 1996 Amendment note under section 1701 of
Title 30, Mineral Lands and Mining.
§ 1340. Geological and geophysical explorations
(a) Approved exploration plans
(1) Any agency of the United States and any
person authorized by the Secretary may conduct
geological and geophysical explorations in the
outer Continental Shelf, which do not interfere
with or endanger actual operations under any
lease maintained or granted pursuant to this
subchapter, and which are not unduly harmful
to aquatic life in such area.
(2) The provisions of paragraph (1) of this sub-
section shall not apply to any person conducting
explorations pursuant to an approve
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1340
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