43 U.S.C. § 1343 — Repealed. Pub. L. 105–362, title IX,

Page 348 TITLE 43—PUBLIC LANDS § 1342 (e) Source materials essential to production of fissionable materials All uranium, thorium, and all other materials determined pursuant to paragraph (1) of sub- section (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, con- tained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States. (f) Helium ownership; rules and regulations gov- erning extraction The United States reserves and retains the ownership of and the right to extract all helium, under such rules and regulations as shall be pre- scribed by the Secretary, contained in gas pro- duced from any portion of the outer Continental Shelf which may be subject to any lease main- tained or granted pursuant to this subchapter, but the helium shall be extracted from such gas so as to cause no substantial delay in the deliv- ery of gas produced to the purchaser of such gas. (Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.) Editorial Notes REFERENCES IN TEXT Paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, referred to in subsec. (e), is par. (1) of section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified to section 1805 of Title 42, The Public Health and Welfare, prior to the general amendment of the Atomic Energy Act of 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. See section 2014(z) of Title 42. Executive Documents KEY LARGO CORAL REEF PRESERVE Withdrawal of area designated Key Largo Coral Reef Preserve from disposition, 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 Pro- grams. § 1342. Prior claims as unaffected Nothing herein contained shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing herein contained is in- tended or shall be construed as a finding, inter- pretation, or construction by the Congress that the law under which such rights may be claimed in fact applies to the lands subject to this sub- chapter or authorizes or compels the granting of such rights in such lands, and that the deter- mination of the applicability or effect of such law shall be unaffected by anything herein con- tained. (Aug. 7, 1953, ch. 345, § 14, 67 Stat. 470.) § 1343. Repealed. Pub. L. 105–362, title IX, § 901(l)(1), Nov. 10, 1998, 112 Stat. 3290 Section, acts Aug. 7, 1953, ch. 345, § 15, 67 Stat. 470; Pub. L. 95–372, title II, § 207, Sept. 18, 1978, 92 Stat. 648; Pub. L. 99–367, § 2(a), July 31, 1986, 100 Stat. 774, related to Secretary’s annual report to Congress concerning outer Continental Shelf leasing and production pro- gram and promotion of competition in leasing. § 1344. Outer Continental Shelf leasing program (a) Schedule of proposed oil and gas lease sales The Secretary, pursuant to procedures set forth in subsections (c) and (d) of this section, shall prepare and periodically revise, and main- tain an oil and gas leasing program to imple- ment the policies of this subchapter. The leasing program shall consist of a schedule of proposed lease sales indicating, as precisely as possible, the size, timing, and location of leasing activity which he determines will best meet national en- ergy needs for the five-year period following its approval or reapproval. Such leasing program shall be prepared and maintained in a manner consistent with the following principles: (1) Management of the outer Continental Shelf shall be conducted in a manner which considers economic, social, and environmental values of the renewable and nonrenewable re- sources contained in the outer Continental Shelf, and the potential impact of oil and gas exploration on other resource values of the outer Continental Shelf and the marine, coast- al, and human environments. (2) Timing and location of exploration, de- velopment, and production of oil and gas among the oil- and gas-bearing physiographic regions of the outer Continental Shelf shall be based on a consideration of— (A) existing information concerning the geographical, geological, and ecological characteristics of such regions; (B) an equitable sharing of developmental benefits and environmental risks among the various regions; (C) the location of such regions with re- spect to, and the relative needs of, regional and national energy markets; (D) the location of such regions with re- spect to other uses of the sea and seabed, in- cluding fisheries, navigation, existing or proposed sealanes, potential sites of deep- water ports, and other anticipated uses of the resources and space of the outer Conti- nental Shelf; (E) the interest of potential oil and gas producers in the development of oil and gas resources as indicated by exploration or nomination; (F) laws, goals, and policies of affected States which have been specifically identi- fied by the Governors of such States as rel- evant matters for the Secretary’s consider- ation; (G) the relative environmental sensitivity and marine productivity of different areas of the outer Continental Shelf; and (H) relevant environmental and predictive information for different areas of the outer Continental Shelf. (3) The Secretary shall select the timing and location of leasing, to the maximum extent practicable, so as to obtain a proper balance between the potential for environmental dam- age, the potential for the discovery of oil and gas, and the potential for adverse impact on the coastal zone.