43 U.S.C. § 1340 — Geological and geophysical explorations

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 Repealed.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. Page 347 TITLE 43—PUBLIC LANDS § 1341 (f) Drilling permits issued and exploration plans approved within 90-day period after Sep- tember 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 ap- proved, prior to ninety days after September 18, 1978, shall be considered in compliance with this section, except that the Secretary may, in ac- cordance with section 1334(a)(1)(B) of this title, 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 sub- section to supply a general statement in accord- ance with subsection (c)(4) of this section, or to submit other information. (3) Nothing in this subsection shall be con- strued to amend the terms of any permit or plan to which this subsection applies. (g) Determinations requisite to issuance of per- mits Any permit for geological explorations author- ized by this section shall be issued only if the Secretary determines, in accordance with regu- lations 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 condi- tions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological signifi- cance. (h) Lands beneath navigable waters adjacent to Phillip Burton Wilderness The Secretary shall not issue a lease or permit for, or otherwise allow, exploration, develop- ment, or production activities within fifteen miles of the boundaries of the Phillip Burton Wilderness as depicted on a map entitled ‘‘Wil- derness 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, de- velopment, or production activities on lands be- neath navigable waters (as such term is defined in section 1301 of this title) of such State which are adjacent to such Wilderness. (Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469; Pub. L. 95–372, title II, § 206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99–68, § 1(c), July 19, 1985, 99 Stat. 166.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–372 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) to (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Phillip Burton Wilderness’’ was substituted for ‘‘Point Reyes Wilderness’’ in subsec. (h), pursuant to section 1(c) of Pub. L. 99–68. 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. § 1341. Reservation of lands and rights (a) Withdrawal of unleased lands by President The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf. (b) First refusal of mineral purchases In time of war, or when the President shall so prescribe, the United States shall have the right of first refusal to purchase at the market price all or any portion of any mineral produced from the outer Continental Shelf. (c) National security clause All leases issued under this subchapter, and leases, the maintenance and operation of which are authorized under this subchapter, shall con- tain or be construed to contain a provision whereby authority is vested in the Secretary, upon a recommendation of the Secretary of De- fense, during a state of war or national emer- gency declared by the Congress or the President of the United States after August 7, 1953, to sus- pend operations under any lease; and all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus sus- pended. (d) National defense areas; suspension of oper- ations; extension of leases The United States reserves and retains the right to designate by and through the Secretary of Defense, with the approval of the President, as areas restricted from exploration and oper- ation that part of the outer Continental Shelf needed for national defense; and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense; and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended, any payment of rentals, minimum royalty, and royalty prescribed by such lease likewise shall be suspended during such period of suspension of operation and production, and the term of such lease shall be extended by add- ing thereto any such suspension period, and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States.