§ 1331. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1331]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1331. Definitions
When used in this subchapter--
(a) The term ``outer Continental Shelf'' means all submerged lands
lying seaward and outside of the area of lands beneath navigable waters
as defined in section 1301 of this title, and of which the subsoil and
seabed appertain to the United States and are subject to its
jurisdiction and control;
(b) The term ``Secretary'' means the Secretary of the Interior,
except that with respect to functions under this subchapter transferred
to, or vested in, the Secretary of Energy or the Federal Energy
Regulatory Commission by or pursuant to the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), the term ``Secretary'' means
the Secretary of Energy, or the Federal Energy Regulatory Commission, as
the case may be;
(c) The term ``lease'' means any form of authorization which is
issued under section 1337 of this title or maintained under section 1335
of this title and which authorizes exploration for, and development and
production of, minerals;
(d) The term ``person'' includes, in addition to a natural person,
an association, a State, a political subdivision of a State, or a
private, public, or municipal corporation;
(e) The term ``coastal zone'' means the coastal waters (including
the lands therein and thereunder) and the adjacent shorelands (including
the waters therein and thereunder), strongly influenced by each other
and in proximity to the shorelines of the several coastal States, and
includes islands, transition and intertidal areas, salt marshes,
wetlands, and beaches, which zone extends seaward to the outer limit of
the United States territorial sea and extends inland from the shorelines
to the extent necessary to control shorelands, the uses of which have a
direct and significant impact on the coastal waters, and the inward
boundaries of which may be identified by the several coastal States,
pursuant to the authority of section 1454(b)(1) \1\ of title 16;
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\1\ See References in Text note below.
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(f) The term ``affected State'' means, with respect to any program,
plan, lease sale, or other activity, proposed, conducted, or approved
pursuant to the provisions of this subchapter, any State--
(1) the laws of which are declared, pursuant to section
1333(a)(2) of this title, to be the law of the United States for the
portion of the outer Continental Shelf on which such activity is, or
is proposed to be, conducted;
(2) which is, or is proposed to be, directly connected by
transportation facilities to any artificial island or structure
referred to in section 1333(a)(1) of this title;
(3) which is receiving, or in accordnace \2\ with the proposed
activity will receive, oil for processing, refining, or
transshipment which was extracted from the outer Continental Shelf
and transported directly to such State by means of vessels or by a
combination of means including vessels;
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\2\ So in original. Probably should be ``accordance''.
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(4) which is designated by the Secretary as a State in which
there is a substantial probability of significant impact on or
damage to the coastal, marine, or human environment, or a State in
which there will be significant changes in the social, governmental,
or economic infrastructure, resulting from the exploration,
development, and production of oil and gas anywhere on the outer
Continental Shelf; or
(5) in which the Secretary finds that because of such activity
there is, or will be, a significant risk of serious damage, due to
factors such as prevailing winds and currents, to the marine or
coastal environment in the event of any oilspill, blowout, or
release of oil or gas from vessels, pipelines, or other
transshipment facilities;
(g) The term ``marine environment'' means the physical, atmospheric,
and biological components, conditions, and factors which interactively
determine the productivity, state, condition, and quality of the marine
ecosystem, including the waters of the high seas, the contiguous zone,
transitional and intertidal areas, salt marshes, and wetlands within the
coastal zone and on the outer Continental Shelf;
(h) The term ``coastal environment'' means the physical atmospheric,
and biological components, conditions, and factors which interactively
determine the productivity, state, condition, and quality of the
terrestrial ecosystem from the shoreline inward to the boundaries of the
coastal zone;
(i) The term ``human environment'' means the physical, social, and
economic components, conditions, and factors which interactively
determine the state, condition, and quality of living conditions,
employment, and health of those affected, directly or indirectly, by
activities occurring on the outer Continental Shelf;
(j) The term ``Governor'' means the Governor of a State, or the
person or entity designated by, or pursuant to, State law to exercise
the powers granted to such Governor pursuant to this subchapter;
(k) The term ``exploration'' means the process of searching for
minerals, including (1) geophysical surveys where magnetic, gravity,
seismic, or other systems are used to detect or imply the presence of
such minerals, and (2) any drilling, whether on or off known geological
structures, including the drilling of a well in which a discovery of oil
or natural gas in paying quantities is made and the drilling of any
additional delineation well after such discovery which is needed to
delineate any reservoir and to enable the lessee to determine whether to
proceed with development and production;
(l) The term ``development'' means those activities which take place
following discovery of minerals in paying quantities, including
geophysical activity, drilling, platform construction, and operation of
all onshore support facilities, and which are for the purpose of
ultimately producing the minerals discovered;
(m) The term ``production'' means those activities which take place
after the successful completion of any means for the removal of
minerals, including such removal, field operations, transfer of minerals
to shore, operation monitoring, maintenance, and work-over drilling;
(n) The term ``antitrust law'' means--
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq.);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(4) the Wilson Tariff Act (15 U.S.C. 8 et seq.); or
(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,
13b, and 21a);
(o) The term ``fair market value'' means the value of any mineral
(1) computed at a unit price equivalent to the average unit price at
which such mineral was sold pursuant to a lease during the period for
which any royalty or net profit share is accrued or reserved to the
United States pursuant to such lease, or (2) if there were no such
sales, or if the Secretary finds that there were an insufficient number
of such sales to equitably determine such value, computed at the average
unit price at which such mineral was sold pursuant to other leases in
the same region of the outer Continental Shelf during such period, or
(3) if there were no sales of such mineral from such region during such
period, or if the Secretary finds that there are an insufficient number
of such sales to equitably determine such value, at an appropriate price
determined by the Secretary;
(p) The term ``major Federal action'' means any action or proposal
by the Secretary which is subject to the provisions of section
4332(2)(C) of title 42; and
(q) The term ``minerals'' includes oil, gas, sulphur, geopressured-
geothermal and associated resources, and all other minerals which are
authorized by an Act of Congress to be produced from ``public lands'' as
defined in section 1702 of this title.
(Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462; Pub. L. 95-372, title II,
Sec. 201, Sept. 18, 1978, 92 Stat. 632.)
References in Text
The Department of Energy Organization Act, referred to in subsec.
(b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended, which is
classified principally to chapter 84 (Sec. 7101 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 7101 of Title 42
and Tables.
Section 1454(b) of title 16, referred to in subsec. (e), was amended
generally by Pub. L. 101-508, title VI, Sec. 6205, Nov. 5, 1990, 104
Stat. 1388-302, and, as so amended, does not contain a par. (1).
The Sherman Act, referred to in subsec. (n)(1), is act July 2, 1890,
ch. 647, 26 Stat. 209, as amended, which enacted sections 1 to 7 of
Title 15, Commerce and Trade. For complete classification of this Act to
the Code, see Short Title note set out under section 1 of Title 15 and
Tables.
The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15,
1914, ch. 323, 38 Stat. 730, as amended, which is classified generally
to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15, and
sections 52 and 53 of Title 29, Labor. For further details and complete
classification of this Act to the Code, see References in Text note set
out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (n)(3), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
Title 15. For complete classification of this Act to the Code, see
section 58 of Title 15 and Tables.
The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug.
27, 1894, ch. 349, Secs. 73 to 77, 28 Stat. 570, as amended. Sections 73
to 76 enacted sections 8 to 11 of Title 15. Section 77 is not classified
to the Code. For complete classification of this Act to the Code, see
Short Title note set out under section 8 of Title 15 and Tables.
Act of June 19, 1936, referred to in subsec. (n)(5), is act June 19,
1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman
Act, the Robinson-Patman Antidiscrimination Act, and the Robinson-Patman
Price Discrimination Act, which enacted sections 13a, 13b, and 21a of
Title 15, Commerce and Trade, and amended section 13 of Title 15. For
complete classification of this Act to the Code, see Short Title note
set out under section 13 of Title 15 and Tables.
Amendments
1978--Subsec. (b). Pub. L. 95-372, Sec. 201(a), inserted provision
that, with respect to functions under this subchapter transferred to, or
vested in, the Secretary of Energy or the Federal Energy Regulatory
Commission by or pursuant to the Department of Energy Organization Act,
``Secretary'' means the Secretary of Energy or the Federal Energy
Regulatory Commission, as the case may be.
Subsec. (c). Pub. L. 95-372, Sec. 201(a), substituted ``lease'' for
``mineral lease'' as term defined and in definition of that term
substituted ``any form of authorization which is issued under section
1337 of this title or maintained under section 1335 of this title and
which authorizes exploration for, and development and production of,
minerals;'' for ``any form of authorization for the exploration for, or
development or removal of deposits of, oil, gas, or other minerals;
and''.
Subsec. (d). Pub. L. 95-372, Sec. 201(b)(1), substituted semicolon
for period at end.
Subsecs. (e) to (q). Pub. L. 95-372, Sec. 201(b)(2), added subsecs.
(e) to (q).
Short Title of 1978 Amendment
For short title of Pub. L. 95-372 as the ``Outer Continental Shelf
Lands Act Amendments of 1978'', see section 1 of Pub. L. 95-372, set out
as a Short Title note under section 1801 of this title.
Short Title
For short title of act Aug. 7, 1953, which enacted this subchapter,
as the ``Outer Continental Shelf Lands Act'', see section 1 of act Aug.
7, 1953, set out as a note under section 1301 of this chapter.
Separability
Section 17 of act Aug. 7, 1953, provided that: ``If any provision of
this Act [enacting this subchapter], or any section, subsection,
sentence, clause, phrase or individual word, or the application thereof
to any person or circumstance is held invalid, the validity of the
remainder of the Act and of the application of any such provision,
section, subsection, sentence, clause, phrase or individual word to
other persons and circumstances shall not be affected thereby.''
Transfer of Functions
Functions of Secretary of the Interior to promulgate regulations
under this subchapter which relate to fostering of competition for
Federal leases, implementation of alternative bidding systems authorized
for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates for production
of Federal leases, and specifying of procedures, terms, and conditions
for acquisition 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 Welfare. Section 7152(b) of Title 42 was repealed
by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and
functions of Secretary of Energy returned to Secretary of the Interior.
See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.
Naval Petroleum Reserve
Section 13 of act Aug. 7, 1953, revoked Ex. Ord. No. 10426, Jan. 16,
1953, 18 F.R. 405, which had set aside certain submerged lands as a
naval petroleum reserve and had transferred functions with respect
thereto from the Secretary of the Interior to the Secretary of the Navy.
Authorization of Appropriations
Section 16 of act Aug. 7, 1953, provided that: ``There is hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of this Act [enacting this subchapter].''
Proc. No. 5928. Territorial Sea of United States
Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided:
International law recognizes that coastal nations may exercise
sovereignty and jurisdiction over their territorial seas.
The territorial sea of the United States is a maritime zone
extending beyond the land territory and internal waters of the United
States over which the United States exercises sovereignty and
jurisdiction, a sovereignty and jurisdiction that extend to the airspace
over the territorial sea, as well as to its bed and subsoil.
Extension of the territorial sea by the United States to the limits
permitted by international law will advance the national security and
other significant interests of the United States.
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as
President by the Constitution of the United States of America, and in
accordance with international law, do hereby proclaim the extension of
the territorial sea of the United States of America, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other territory or
possession over which the United States exercises sovereignty.
The territorial sea of the United States henceforth extends to 12
nautical miles from the baselines of the United States determined in
accordance with international law.
In accordance with international law, as reflected in the applicable
provisions of the 1982 United Nations Convention on the Law of the Sea,
within the territorial sea of the United States, the ships of all
countries enjoy the right of innocent passage and the ships and aircraft
of all countries enjoy the right of transit passage through
international straits.
Nothing in this Proclamation:
(a) extends or otherwise alters existing Federal or State law or any
jurisdiction, rights, legal interests, or obligations derived therefrom;
or
(b) impairs the determination, in accordance with international law,
of any maritime boundary of the United States with a foreign
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of
December, in the year of our Lord nineteen hundred and eighty-eight, and
of the Independence of the United States of America the two hundred and
thirteenth.
Ronald Reagan.
Proc. No. 7219. Contiguous Zone of the United States
Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, provided:
International law recognizes that coastal nations may establish
zones contiguous to their territorial seas, known as contiguous zones.
The contiguous zone of the United States is a zone contiguous to the
territorial sea of the United States, in which the United States may
exercise the control necessary to prevent infringement of its customs,
fiscal, immigration, or sanitary laws and regulations within its
territory or territorial sea, and to punish infringement of the above
laws and regulations committed within its territory or territorial sea.
Extension of the contiguous zone of the United States to the limits
permitted by international law will advance the law enforcement and
public health interests of the United States. Moreover, this extension
is an important step in preventing the removal of cultural heritage
found within 24 nautical miles of the baseline.
NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in me
as President by the Constitution of the United States, and in accordance
with international law, do hereby proclaim the extension of the
contiguous zone of the United States of America, including the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession over which the United States exercises
sovereignty, as follows:
The contiguous zone of the United States extends to 24 nautical
miles from the baselines of the United States determined in accordance
with international law, but in no case within the territorial sea of
another nation.
In accordance with international law, reflected in the applicable
provisions of the 1982 Convention on the Law of the Sea, within the
contiguous zone of the United States the ships and aircraft of all
countries enjoy the high seas freedoms of navigation and overflight and
the laying of submarine cables and pipelines, and other internationally
lawful uses of the sea related to those freedoms, such as those
associated with the operation of ships, aircraft, and submarine cables
and pipelines, and compatible with the other provisions of international
law reflected in the 1982 Convention on the Law of the Sea.
Nothing in this proclamation:
(a) amends existing Federal or State law;
(b) amends or otherwise alters the rights and duties of the
United States or other nations in the Exclusive Economic Zone of the
United States established by Proclamation 5030 of March 10, 1983 [16
U.S.C. 1453 note]; or
(c) impairs the determination, in accordance with international
law, of any maritime boundary of the United States with a foreign
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
September, in the year of our Lord nineteen hundred and ninety-nine, and
of the Independence of the United States of America the two hundred and
twenty-fourth.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in sections 155, 168 of this title;
title 15 section 3301; title 16 section 1453; title 30 section 1702;
title 33 section 1205; title 42 sections 6202, 7627; title 46 section
8103; title 50 App. section 2415.
