43 U.S.C. § 1344 — Outer Continental Shelf leasing program

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. Page 349 TITLE 43—PUBLIC LANDS § 1344 (4) Leasing activities shall be conducted to assure receipt of fair market value for the lands leased and the rights conveyed by the Federal Government. (b) Estimates of appropriations and staff re- quired for management of leasing program The leasing program shall include estimates of the appropriations and staff required to— (1) obtain resource information and any other information needed to prepare the leas- ing program required by this section; (2) analyze and interpret the exploratory data and any other information which may be compiled under the authority of this sub- chapter; (3) conduct environmental studies and pre- pare any environmental impact statement re- quired in accordance with this subchapter and with section 4332(2)(C) of title 42; and (4) supervise operations conducted pursuant to each lease in the manner necessary to as- sure due diligence in the exploration and de- velopment of the lease area and compliance with the requirements of applicable law and regulations, and with the terms of the lease. (c) Suggestions from Federal agencies and af- fected State and local governments; submis- sion of proposed program to Governors of af- fected States and Congress; publication in Federal Register (1) During the preparation of any proposed leasing program under this section, the Sec- retary shall invite and consider suggestions for such program from any interested Federal agen- cy, including the Attorney General, in consulta- tion with the Federal Trade Commission, and from the Governor of any State which may be- come an affected State under such proposed pro- gram. The Secretary may also invite or consider any suggestions from the executive of any af- fected local government in such an affected State, which have been previously submitted to the Governor of such State, and from any other person. (2) After such preparation and at least sixty days prior to publication of a proposed leasing program in the Federal Register pursuant to paragraph (3) of this subsection, the Secretary shall submit a copy of such proposed program to the Governor of each affected State for review and comment. The Governor may solicit com- ments from those executives of local govern- ments in his State which he, in his discretion, determines will be affected by the proposed pro- gram. If any comment by such Governor is re- ceived by the Secretary at least fifteen days prior to submission to the Congress pursuant to such paragraph (3) and includes a request for any modification of such proposed program, the Secretary shall reply in writing, granting or de- nying such request in whole or in part, or grant- ing such request in such modified form as the Secretary considers appropriate, and stating his reasons therefor. All such correspondence be- tween the Secretary and the Governor of any af- fected State, together with any additional infor- mation and data relating thereto, shall accom- pany such proposed program when it is sub- mitted to the Congress. (3) Within nine months after September 18, 1978, the Secretary shall submit a proposed leas- ing program to the Congress, the Attorney Gen- eral, and the Governors of affected States, and shall publish such proposed program in the Fed- eral Register. Each Governor shall, upon re- quest, submit a copy of the proposed leasing pro- gram to the executive of any local government affected by the proposed program. (d) Comments by Attorney General on antici- pated effect on competition; comments by State or local governments; submission of program to President and Congress; issuance of leases in accordance with program (1) Within ninety days after the date of publi- cation of a proposed leasing program, the Attor- ney General may, after consultation with the Federal Trade Commission, submit comments on the anticipated effects of such proposed pro- gram upon competition. Any State, local gov- ernment, or other person may submit comments and recommendations as to any aspect of such proposed program. (2) At least sixty days prior to approving a proposed leasing program, the Secretary shall submit it to the President and the Congress, to- gether with any comments received. Such sub- mission shall indicate why any specific rec- ommendation of the Attorney General or a State or local government was not accepted. (3) After the leasing program has been ap- proved by the Secretary, or after eighteen months following September 18, 1978, whichever first occurs, no lease shall be issued unless it is for an area included in the approved leasing pro- gram and unless it contains provisions con- sistent with the approved leasing program, ex- cept that leasing shall be permitted to continue until such program is approved and for so long thereafter as such program is under judicial or administrative review pursuant to the provi- sions of this subchapter. (e) Review, revision, and reapproval of program The Secretary shall review the leasing pro- gram approved under this section at least once each year. He may revise and reapprove such program, at any time, and such revision and re- approval, except in the case of a revision which is not significant, shall be in the same manner as originally developed. (f) Procedural regulations for management of program The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of nominations for any area to be offered for lease or to be ex- cluded from leasing; (2) public notice of and participation in de- velopment of the leasing program; (3) review by State and local governments which may be impacted by the proposed leas- ing; (4) periodic consultation with State and local governments, oil and gas lessees and per- mittees, and representatives of other individ- uals or organizations engaged in activity in or on the outer Continental Shelf, including those involved in fish and shellfish recovery, and recreational activities; and (5) consideration of the coastal zone manage- ment program being developed or adminis- Page 350 TITLE 43—PUBLIC LANDS § 1345 1 So in original. Probably should be ‘‘nonprivileged’’. tered by an affected coastal State pursuant to section 1454 or section 1455 of title 16. Such procedures shall be applicable to any sig- nificant revision or reapproval of the leasing program. (g) Information from public and private sources; confidentiality of classified or privileged data The Secretary may obtain from public sources, or purchase from private sources, any survey, data, report, or other information (in- cluding interpretations of such data, survey, re- port, or other information) which may be nec- essary to assist him in preparing any environ- mental impact statement and in making other evaluations required by this subchapter. Data of a classified nature provided to the Secretary under the provisions of this subsection shall re- main confidential for such period of time as agreed to by the head of the department or agency from whom the information is requested. The Secretary shall maintain the confiden- tiality of all privileged or proprietary data or information for such period of time as is pro- vided for in this subchapter, established by regu- lation, or agreed to by the parties. (h) Information from all Federal departments and agencies; confidentiality of privileged or proprietary information The heads of all Federal departments and agencies shall provide the Secretary with any nonpriviledged 1 or nonproprietary information he requests to assist him in preparing the leas- ing program and may provide the Secretary with any privileged or proprietary information he requests to assist him in preparing the leas- ing program. Privileged or proprietary informa- tion provided to the Secretary under the provi- sions of this subsection shall remain confiden- tial for such period of time as agreed to by the head of the department or agency from whom the information is requested. In addition, the Secretary shall utilize the existing capabilities and resources of such Federal departments and agencies by appropriate agreement. (i) Application This section shall not apply to the scheduling of any lease sale in an area of the outer Conti- nental Shelf that is adjacent to the Common- wealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Com- monwealth of the Northern Mariana Islands. (Aug. 7, 1953, ch. 345, § 18, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 649; Pub. L. 117–169, title V, § 50251(b)(1)(B), Aug. 16, 2022, 136 Stat. 2055.) Editorial Notes AMENDMENTS 2022—Subsec. (i). Pub. L. 117–169 added subsec. (i). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fos- tering of competition for Federal leases, implementa- tion of alternative bidding systems authorized for award of Federal leases, establishment of diligence re- quirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for ac- quisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Wel- fare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and func- tions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. § 1345. Coordination and consultation with af- fected State and local governments (a) Recommendations regarding size, time, or lo- cation of proposed lease sales Any Governor of any affected State or the ex- ecutive of any affected local government in such State may submit recommendations to the Sec- retary regarding the size, timing, or location of a proposed lease sale or with respect to a pro- posed development and production plan. Prior to submitting recommendations to the Secretary, the executive of any affected local government in any affected State must forward his rec- ommendations to the Governor of such State. (b) Time for submission of recommendations Such recommendations shall be submitted within sixty days after notice of such proposed lease sale or after receipt of such development and production plan. (c) Acceptance or rejection of recommendations The Secretary shall accept recommendations of the Governor and may accept recommenda- tions of the executive of any affected local gov- ernment if he determines, after having provided the opportunity for consultation, that they pro- vide for a reasonable balance between the na- tional interest and the well-being of the citizens of the affected State. For purposes of this sub- section, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on the findings, purposes, and policies of this sub- chapter. The Secretary shall communicate to the Governor, in writing, the reasons for his de- termination to accept or reject such Governor’s recommendations, or to implement any alter- native means identified in consultation with the Governor to provide for a reasonable balance be- tween the national interest and the well-being of the citizens of the affected State. (d) Finality of acceptance or rejection of rec- ommendations The Secretary’s determination that rec- ommendations provide, or do not provide, for a reasonable balance between the national inter- est and the well-being of the citizens of the af- fected State shall be final and shall not, alone, be a basis for invalidation of a proposed lease sale or a proposed development and production plan in any suit or judicial review pursuant to section 1349 of this title, unless found to be arbi- trary or capricious. (e) Cooperative agreements The Secretary is authorized to enter into co- operative agreements with affected States for