§ 1341. — Reservation of lands and rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1341]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 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
contain or be construed to contain a provision whereby authority is
vested in the Secretary, upon a recommendation of the Secretary of
Defense, during a state of war or national emergency declared by the
Congress or the President of the United States after August 7, 1953, to
suspend 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 suspended.
(d) National defense areas; suspension of operations; 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 operation 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 adding 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.
(e) Source materials essential to production of fissionable materials
All uranium, thorium, and all other materials determined pursuant to
paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of
1946, as amended, to be peculiarly essential to the production of
fissionable material, contained, in whatever concentration, in deposits
in the subsoil or seabed of the outer Continental Shelf are reserved for
the use of the United States.
(f) Helium ownership; rules and regulations governing extraction
The United States reserves and retains the ownership of and the
right to extract all helium, under such rules and regulations as shall
be prescribed by the Secretary, contained in gas produced from any
portion of the outer Continental Shelf which may be subject to any lease
maintained or granted pursuant to this subchapter, but the helium shall
be extracted from such gas so as to cause no substantial delay in the
delivery of gas produced to the purchaser of such gas.
(Aug. 7, 1953, ch. 345, Sec. 12, 67 Stat. 469.)
References in Text
Paragraph (1) of subsection (b) of section 5 of the Atomic Energy
Act of 1946, as amended, referred to in subsec. (e), is par. (1) of
section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
classified to section 1805 of Title 42, The Public Health and Welfare,
prior to the general amendment of the Atomic Energy Act of 1946 by act
Aug. 30, 1954, ch. 1073, 68 Stat. 921. See section 2014(z) of Title 42.
Key Largo Coral Reef Preserve
Withdrawal of area designated Key Largo Coral Reef Preserve from
disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set out as
a note under section 461 of Title 16, Conservation.
Section Referred to in Other Sections
This section is referred to in section 1353 of this title.
