43 U.S.C. § 1333 — Laws and regulations governing lands

Page 328 TITLE 43—PUBLIC LANDS § 1333 1 So in original. Probably should be ‘‘settling’’. (Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L. 95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634; Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100 Stat. 148.) Editorial Notes AMENDMENTS 1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B) and redesignated former subpar. (B) as (C). 1978—Pub. L. 95–372 redesignated subsecs. (a) and (b) as pars. (1) and (2) and added pars. (3) to (6). § 1333. Laws and regulations governing lands (a) Constitution and United States laws; laws of adjacent States; publication of projected State lines; international boundary disputes; restriction on State taxation and jurisdiction (1) JURISDICTION OF THE UNITED STATES ON THE OUTER CONTINENTAL SHELF.— (A) IN GENERAL.—The Constitution and laws and civil and political jurisdiction of the United States are extended, to the same ex- tent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State, to— (i) the subsoil and seabed of the outer Con- tinental Shelf; (ii) all artificial islands on the outer Con- tinental Shelf; (iii) installations and other devices perma- nently or temporarily attached to the sea- bed, which may be erected thereon for the purpose of exploring for, developing, or pro- ducing resources, including non-mineral en- ergy resources; or (iv) any such installation or other device (other than a ship or vessel) for the purpose of transporting or transmitting such re- sources. (B) LEASES ISSUED EXCLUSIVELY UNDER THIS ACT.—Mineral or energy leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this sub- chapter. (2)(A) To the extent that they are applicable and not inconsistent with this subchapter or with other Federal laws and regulations of the Secretary now in effect or hereafter adopted, the civil and criminal laws of each adjacent State, now in effect or hereafter adopted, amended, or repealed are declared to be the law of the United States for that portion of the subsoil and seabed of the outer Continental Shelf, and artificial is- lands and fixed structures erected thereon, which would be within the area of the State if its boundaries were extended seaward to the outer margin of the outer Continental Shelf, and the President shall determine and publish in the Federal Register such projected lines extending seaward and defining each such area. All of such applicable laws shall be administered and en- forced by the appropriate officers and courts of the United States. State taxation laws shall not apply to the outer Continental Shelf. (B) Within one year after September 18, 1978, the President shall establish procedures for setting 1 any outstanding international bound- ary dispute respecting the outer Continental Shelf. (3) The provisions of this section for adoption of State law as the law of the United States shall never be interpreted as a basis for claiming any interest in or jurisdiction on behalf of any State for any purpose over the seabed and sub- soil of the outer Continental Shelf, or the prop- erty and natural resources thereof or the reve- nues therefrom. (b) Longshore and Harbor Workers’ Compensa- tion Act applicable; definitions With respect to disability or death of an em- ployee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer Continental Shelf, com- pensation shall be payable under the provisions of the Longshore and Harbor Workers’ Com- pensation Act [33 U.S.C. 901 et seq.]. For the pur- poses of the extension of the provisions of the Longshore and Harbor Workers’ Compensation Act under this section— (1) the term ‘‘employee’’ does not include a master or member of a crew of any vessel, or an officer or employee of the United States or any agency thereof or of any State or foreign government, or of any political subdivision thereof; (2) the term ‘‘employer’’ means an employer any of whose employees are employed in such operations; and (3) the term ‘‘United States’’ when used in a geographical sense includes the outer Conti- nental Shelf and artificial islands and fixed structures thereon. (c) National Labor Relations Act applicable For the purposes of the National Labor Rela- tions Act, as amended [29 U.S.C. 151 et seq.], any unfair labor practice, as defined in such Act, oc- curring upon any artificial island, installation, or other device referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the State, the laws of which apply to such artificial island, in- stallation, or other device pursuant to such sub- section, except that until the President deter- mines the areas within which such State laws are applicable, the judicial district shall be that of the State nearest the place of location of such artificial island, installation, or other device. (d) Coast Guard regulations; marking of artifi- cial islands, installations, and other devices; failure of owner suitably to mark according to regulations (1) The Secretary of the Department in which the Coast Guard is operating shall have author- ity to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, instal- lations, and other devices referred to in sub- section (a) or on the waters adjacent thereto, as he may deem necessary. (2) The Secretary of the Department in which the Coast Guard is operating may mark for the Page 329 TITLE 43—PUBLIC LANDS § 1333 protection of navigation any artificial island, installation, or other device referred to in sub- section (a) whenever the owner has failed suit- ably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the owner shall pay the cost of such marking. (e) Authority of Secretary of the Army to prevent obstruction to navigation The authority of the Secretary of the Army to prevent obstruction to navigation in the navi- gable waters of the United States is extended to the artificial islands, installations, and other devices referred to in subsection (a). (f) Provisions as nonexclusive The specific application by this section of cer- tain provisions of law to the subsoil and seabed of the outer Continental Shelf and the artificial islands, installations, and other devices referred to in subsection (a) or to acts or offenses occur- ring or committed thereon shall not give rise to any inference that the application to such is- lands and structures, acts, or offenses of any other provision of law is not intended. (Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L. 93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654; Pub. L. 116–283, div. H, title XCV, § 9503, Jan. 1, 2021, 134 Stat. 4822.) Editorial Notes REFERENCES IN TEXT The Longshore and Harbor Workers’ Compensation Act, referred to in subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chap- ter 18 (§ 901 et seq.) of Title 33, Navigation and Navi- gable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. The National Labor Relations Act, as amended, re- ferred to in subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For com- plete classification of this Act to the Code, see section 167 of Title 29 and Tables. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Constitution and laws and civil and political ju- risdiction of the United States are extended to the sub- soil and seabed of the outer Continental Shelf and to all artificial islands, and all installations and other de- vices permanently or temporarily attached to the sea- bed, which may be erected thereon for the purpose of exploring for, developing, or producing resources there- from, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources, to the same extent as if the outer Con- tinental Shelf were an area of exclusive Federal juris- diction located within a State: Provided, however, That mineral leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this subchapter.’’ 1984—Subsec. (b). Pub. L. 98–426 substituted ‘‘Longshore and Harbor Workers’ Compensation Act’’ for ‘‘Longshoremen’s and Harbor Workers’ Compensa- tion Act’’. 1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), sub- stituted ‘‘, and all installations and other devices per- manently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources,’’ for ‘‘and fixed structures which may be erected thereon for the purpose of exploring for, developing, removing, and transporting resources therefrom,’’. Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated subsec. (c) as (b) and substituted ‘‘conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the nat- ural resources, of the subsoil and seabed of the outer Continental Shelf,’’ for ‘‘described in subsection (b) of this section,’’. Former subsec. (b), relating to the juris- diction of United States district courts over cases and controversies arising out of or in connection with oper- ations conducted on the outer Continental Shelf, was struck out. See section 1349(b) of this title. Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated subsec. (d) as (c) and substituted ‘‘artificial island, in- stallation, or other device referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the State, the laws of which apply to such artificial island, installation, or other de- vice pursuant to such subsection, except that until the President determines the areas within such State laws are applicable, the judicial district shall be that of the State nearest the place of location of such artificial is- land, installation, or other device’’ for ‘‘artificial is- land or fixed structure referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the adjacent State nearest the place of location of such island or structure’’. Former subsec. (c) redesignated (b). Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redes- ignated subsec. (e)(1) as (d)(1), substituted ‘‘Secretary’’ for ‘‘head’’ and ‘‘artificial islands, installations, and other devices’’ for ‘‘islands and structures’’. Former subsec. (d) redesignated (c). Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated subsec. (e)(2) as (d)(2) and substituted ‘‘Secretary’’ for ‘‘head’’ and ‘‘artificial island, installation, or other de- vice referred to in subsection (a) whenever the owner has failed suitably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the owner shall pay the cost of such marking’’ for ‘‘such island or structure when- ever the owner has failed suitably to mark the same in accordance with regulations issued hereunder, and the owner shall pay the cost thereof’’, and struck out pro- visions which had made failure or refusal to obey any lawful rules and regulations a misdemeanor punishable by a fine of not more than $100, with each day during which such a violation would continue to be deemed a new offense. Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated subsec. (f) as (e) and substituted ‘‘the artificial islands, installations, and other devices referred to in sub- section (a)’’ for ‘‘artificial islands and fixed structures located on the outer Continental Shelf’’. Former sub- sec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesig- nated subsec. (g) as (f) and substituted ‘‘the artificial islands, installations, and other devices’’ for ‘‘the arti- ficial islands and fixed structures’’. Former subsec. (f) redesignated (e). 1975—Subsec. (a)(2). Pub. L. 93–627 substituted ‘‘now in effect or hereafter adopted, amended, or repealed’’ for ‘‘as of the effective date of this Act’’ in first sen- tence. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- Page 330 TITLE 43—PUBLIC LANDS § 1334 ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1334. Administration of leasing (a) Rules and regulations; amendment; coopera- tion with State agencies; subject matter and scope of regulations The Secretary shall administer the provisions of this subchapter relating to the leasing of the outer Continental Shelf, and shall prescribe such rules and regulations as may be necessary to carry out such provisions. The Secretary may at any time prescribe and amend such rules and regulations as he determines to be necessary and proper in order to provide for the prevention of waste and conservation of the natural re- sources of the outer Continental Shelf, and the protection of correlative rights therein, and, notwithstanding any other provisions herein, such rules and regulations shall, as of their ef- fective date, apply to all operations conducted under a lease issued or maintained under the provisions of this subchapter. In the enforce- ment of safety, environmental, and conservation laws and regulations, the Secretary shall co- operate with the relevant departments and agencies of the Federal Government and of the affected States. In the formulation and promul- gation of regulations, the Secretary shall re- quest and give due consideration to the views of the Attorney General with respect to matters which may affect competition. In considering any regulations and in preparing any such views, the Attorney General shall consult with the Federal Trade Commission. The regulations prescribed by the Secretary under this sub- section shall include, but not be limited to, pro- visions— (1) for the suspension or temporary prohibi- tion of any operation or activity, including production, pursuant to any lease or permit (A) at the request of a lessee, in the national interest, to facilitate proper development of a lease or to allow for the construction or nego- tiation for use of transportation facilities, or (B) if there is a threat of serious, irreparable, or immediate harm or damage to life (includ- ing fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), or to the marine, coastal, or human environment, and for the extension of any per- mit or lease affected by suspension or prohibi- tion under clause (A) or (B) by a period equiva- lent to the period of such suspension or prohi- bition, except that no permit or lease shall be so extended when such suspension or prohibi- tion is the result of gross negligence or willful violation of such lease or permit, or of regula- tions issued with respect to such lease or per- mit; (2) with respect to cancellation of any lease or permit— (A) that such cancellation may occur at any time, if the Secretary determines, after a hearing, that— (i) continued activity pursuant to such lease or permit would probably cause seri- ous harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment; (ii) the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and (iii) the advantages of cancellation out- weigh the advantages of continuing such lease or permit force; (B) that such cancellation shall not occur unless and until operations under such lease or permit shall have been under suspension, or temporary prohibition, by the Secretary, with due extension of any lease or permit term continuously for a period of five years, or for a lesser period upon request of the les- see; (C) that such cancellation shall entitle the lessee to receive such compensation as he shows to the Secretary as being equal to the lesser of (i) the fair value of the canceled rights as of the date of cancellation, taking account of both anticipated revenues from the lease and anticipated costs, including costs of compliance with all applicable regu- lations and operating orders, liability for cleanup costs or damages, or both, in the case of an oilspill, and all other costs rea- sonably anticipated on the lease, or (ii) the excess, if any, over the lessee’s revenues, from the lease (plus interest thereon from the date of receipt to date of reimburse- ment) of all consideration paid for the lease and all direct expenditures made by the les- see after the date of issuance of such lease and in connection with exploration or devel- opment, or both, pursuant to the lease (plus interest on such consideration and such ex- penditures from date of payment to date of reimbursement), except that (I) with respect to leases issued before September 18, 1978, such compensation shall be equal to the amount specified in clause (i) of this sub- paragraph; and (II) in the case of joint leases which are canceled due to the failure of one or more partners to exercise due diligence, the innocent parties shall have the right to seek damages for such loss from the respon- sible party or parties and the right to ac- quire the interests of the negligent party or parties and be issued the lease in question; (3) for the assignment or relinquishment of a lease; (4) for unitization, pooling, and drilling agreements; (5) for the subsurface storage of oil and gas from any source other than by the Federal Government; (6) for drilling or easements necessary for exploration, development, and production; (7) for the prompt and efficient exploration and development of a lease area; and (8) for compliance with the national ambient air quality standards pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), to the extent that activities authorized under this sub- chapter significantly affect the air quality of any State.