§ 1333. — Laws and regulations governing lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1333]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 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) The Constitution and laws and civil and political jurisdiction
of the United States are extended to the subsoil and seabed of the outer
Continental Shelf and to all artificial islands, and all installations
and other devices permanently 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, to the same extent as if the outer
Continental Shelf were an area of exclusive Federal jurisdiction 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.
(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amended, or repealed are declared to be the law of the United States for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 islands 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 enforced 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
boundary dispute respecting the outer Continental Shelf.
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\1\ So in original. Probably should be ``settling''.
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(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 subsoil of the outer Continental Shelf, or
the property and natural resources thereof or the revenues therefrom.
(b) Longshore and Harbor Workers' Compensation Act applicable;
definitions
With respect to disability or death of an employee 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, compensation shall be payable under the
provisions of the Longshore and Harbor Workers' Compensation Act [33
U.S.C. 901 et seq.]. For the purposes 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 Continental Shelf and artificial islands and
fixed structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended [29
U.S.C. 151 et seq.], any unfair labor practice, as defined in such Act,
occurring 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, installation, or other device pursuant
to such subsection, except that until the President determines 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 artificial 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 authority 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, installations, and other devices
referred to in subsection (a) of this section 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 protection of navigation any artificial
island, installation, or other device referred to in subsection (a) of
this section 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.
(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 navigable waters of the United States is extended to
the artificial islands, installations, and other devices referred to in
subsection (a) of this section.
(f) Provisions as nonexclusive
The specific application by this section of certain 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) of this section or to acts or offenses occurring or
committed thereon shall not give rise to any inference that the
application to such islands and structures, acts, or offenses of any
other provision of law is not intended.
(Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627,
Sec. 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II,
Sec. 203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),
Sept. 28, 1984, 98 Stat. 1654.)
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, as amended,
which is classified generally to chapter 18 (Sec. 901 et seq.) of Title
33, Navigation and Navigable 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, referred to in subsec.
(c), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is
classified generally to subchapter II (Sec. 151 et seq.) of chapter 7 of
Title 29, Labor. For complete classification of this Act to the Code,
see section 167 of Title 29 and Tables.
Amendments
1984--Subsec. (b). Pub. L. 98-426 substituted ``Longshore and Harbor
Workers' Compensation Act'' for ``Longshoremen's and Harbor Workers'
Compensation Act''.
1978--Subsec. (a)(1). Pub. L. 95-372, Sec. 203(a), substituted ``,
and all installations and other devices permanently 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, Sec. 203(b), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95-372, Sec. 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 natural
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 jurisdiction of United States district courts over
cases and controversies arising out of or in connection with operations
conducted on the outer Continental Shelf, was struck out. See section
1349(b) of this title.
Subsec. (c). Pub. L. 95-372, Sec. 203(d), (h), redesignated subsec.
(d) as (c) and substituted ``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, installation, or other device
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 island, installation, or other device'' for ``artificial
island 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, Sec. 203(e)(1), (f), (h),
redesignated 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, Sec. 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted ``Secretary'' for ``head'' and
``artificial island, installation, or other device referred to in
subsection (a) of this section 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 whenever 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 provisions 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, Sec. 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted ``the artificial islands,
installations, and other devices referred to in subsection (a) of this
section'' for ``artificial islands and fixed structures located on the
outer Continental Shelf''. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95-372, Sec. 203(e)(3), (h), redesignated
subsec. (g) as (f) and substituted ``the artificial islands,
installations, and other devices'' for ``the artificial 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 sentence.
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 relating 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 Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 1331, 1347, 1351 of this
title; title 33 sections 905, 941, 2104; title 46 App. section 883.
