§ 1340. — Geological and geophysical explorations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1340]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 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 subsection shall not
apply to any person conducting explorations pursuant to an approved
exploration plan on any area under lease to such person pursuant to the
provisions of this subchapter.
(b) Oil and gas exploration
Except as provided in subsection (f) of this section, beginning
ninety days after September 18, 1978, no exploration pursuant to any oil
and gas lease issued or maintained under this subchapter may be
undertaken by the holder of such lease, except in accordance with the
provisions of this section.
(c) Plan approval; State concurrence; plan provisions
(1) Except as otherwise provided in this subchapter, prior to
commencing exploration pursuant 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 Secretary
if he finds that such plan is consistent with the provisions of this
subchapter, regulations prescribed under this subchapter, including
regulations prescribed by the Secretary pursuant to paragraph (8) of
section 1334(a) of this title, and the provisions of such lease. The
Secretary shall require such modifications of such plan as are necessary
to achieve such consistency. The Secretary shall approve such plan, as
submitted or modified, within thirty days of its submission, except that
the Secretary shall disapprove 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
proposed 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 compensation 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 accompanying 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
require--
(A) a schedule of anticipated exploration activities to be
understaken; \1\
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\1\ So in original. Probably should be ``undertaken;''.
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(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
intentions 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 activities
(1) If a significant revision of an exploration plan approved under
this subsection is submitted 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 section.
(2) All exploration activities pursuant to any lease shall be
conducted in accordance with an approved exploration plan or an approved
revision of such plan.
(f) Drilling permits issued and exploration plans approved within 90-day
period after September 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 approved, prior to ninety days after September 18, 1978, shall be
considered in compliance with this section, except that the Secretary
may, in accordance 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 subsection to supply a general statement in
accordance with subsection (c)(4) of this section, or to submit other
information.
(3) Nothing in this subsection shall be construed to amend the terms
of any permit or plan to which this subsection applies.
(g) Determinations requisite to issuance of permits
Any permit for geological explorations authorized by this section
shall be issued only if the Secretary determines, in accordance with
regulations 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
conditions, unreasonably interfere with other uses of the area, or
disturb any site, structure, or object of historical or
archeological significance.
(h) Lands beneath navigable waters adjacent to Phillip Burton Wilderness
The Secretary shall not issue a lease or permit for, or otherwise
allow, exploration, development, or production activities within fifteen
miles of the boundaries of the Phillip Burton Wilderness as depicted on
a map entitled ``Wilderness 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, development, or production activities on lands beneath
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, Sec. 11, 67 Stat. 469; Pub. L. 95-372, title II,
Sec. 206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99-68, Sec. 1(c), July
19, 1985, 99 Stat. 166.)
Amendments
1978--Pub. L. 95-372 designated existing provisions as subsec.
(a)(1) and added subsecs. (a)(2) to (h).
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 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.
Section Referred to in Other Sections
This section is referred to in sections 1352, 1842 of this title;
title 33 section 2701.
