43 U.S.C. § 1339 — Repealed. Pub. L. 104–185, § 8(b), Aug. 13,

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 Repealed.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 approved explo- ration plan on any area under lease to such per- son pursuant to the provisions of this sub- chapter. (b) Oil and gas exploration Except as provided in subsection (f) of this sec- tion, beginning ninety days after September 18, 1978, no exploration pursuant to any oil and gas lease issued or maintained under this sub- chapter may be undertaken by the holder of such lease, except in accordance with the provi- sions of this section. (c) Plan approval; State concurrence; plan provi- sions (1) Except as otherwise provided in this sub- chapter, prior to commencing exploration pursu- ant 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 Sec- retary if he finds that such plan is consistent with the provisions of this subchapter, regula- tions prescribed under this subchapter, includ- ing regulations prescribed by the Secretary pur- suant to paragraph (8) of section 1334(a) of this title, and the provisions of such lease. The Sec- retary shall require such modifications of such plan as are necessary to achieve such consist- ency. The Secretary shall approve such plan, as submitted or modified, within thirty days of its submission, except that the Secretary shall dis- approve 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, and (B) such pro- posed 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, cancel such lease and the lessee shall be entitled to com- pensation 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, unless the State concurs or is conclusively presumed to concur with the consistency certification ac- companying 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. (3) An exploration plan submitted under this subsection shall include, in the degree of detail which the Secretary may by regulation re- quire— (A) a schedule of anticipated exploration ac- tivities to be understaken; 1 (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 inten- tions 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 activi- ties (1) If a significant revision of an exploration plan approved under this subsection is sub- mitted 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 sec- tion. (2) All exploration activities pursuant to any lease shall be conducted in accordance with an approved exploration plan or an approved revi- sion of such plan.