§ 1344. — Outer Continental Shelf leasing program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1344]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1344. Outer Continental Shelf leasing program
(a) Schedule of proposed oil and gas lease sales
The Secretary, pursuant to procedures set forth in subsections (c)
and (d) of this section, shall prepare and periodically revise, and
maintain an oil and gas leasing program to implement the policies of
this subchapter. The leasing program shall consist of a schedule of
proposed lease sales indicating, as precisely as possible, the size,
timing, and location of leasing activity which he determines will best
meet national energy needs for the five-year period following its
approval or reapproval. Such leasing program shall be prepared and
maintained in a manner consistent with the following principles:
(1) Management of the outer Continental Shelf shall be conducted
in a manner which considers economic, social, and environmental
values of the renewable and nonrenewable resources contained in the
outer Continental Shelf, and the potential impact of oil and gas
exploration on other resource values of the outer Continental Shelf
and the marine, coastal, and human environments.
(2) Timing and location of exploration, development, and
production of oil and gas among the oil- and gas-bearing
physiographic regions of the outer Continental Shelf shall be based
on a consideration of--
(A) existing information concerning the geographical,
geological, and ecological characteristics of such regions;
(B) an equitable sharing of developmental benefits and
environmental risks among the various regions;
(C) the location of such regions with respect to, and the
relative needs of, regional and national energy markets;
(D) the location of such regions with respect to other uses
of the sea and seabed, including fisheries, navigation, existing
or proposed sealanes, potential sites of deepwater ports, and
other anticipated uses of the resources and space of the outer
Continental Shelf;
(E) the interest of potential oil and gas producers in the
development of oil and gas resources as indicated by exploration
or nomination;
(F) laws, goals, and policies of affected States which have
been specifically identified by the Governors of such States as
relevant matters for the Secretary's consideration;
(G) the relative environmental sensitivity and marine
productivity of different areas of the outer Continental Shelf;
and
(H) relevant environmental and predictive information for
different areas of the outer Continental Shelf.
(3) The Secretary shall select the timing and location of
leasing, to the maximum extent practicable, so as to obtain a proper
balance between the potential for environmental damage, the
potential for the discovery of oil and gas, and the potential for
adverse impact on the coastal zone.
(4) Leasing activities shall be conducted to assure receipt of
fair market value for the lands leased and the rights conveyed by
the Federal Government.
(b) Estimates of appropriations and staff required for management of
leasing program
The leasing program shall include estimates of the appropriations
and staff required to--
(1) obtain resource information and any other information needed
to prepare the leasing program required by this section;
(2) analyze and interpret the exploratory data and any other
information which may be compiled under the authority of this
subchapter;
(3) conduct environmental studies and prepare any environmental
impact statement required in accordance with this subchapter and
with section 4332(2)(C) of title 42; and
(4) supervise operations conducted pursuant to each lease in the
manner necessary to assure due diligence in the exploration and
development of the lease area and compliance with the requirements
of applicable law and regulations, and with the terms of the lease.
(c) Suggestions from Federal agencies and affected State and local
governments; submission of proposed program to Governors of
affected States and Congress; publication in Federal Register
(1) During the preparation of any proposed leasing program under
this section, the Secretary shall invite and consider suggestions for
such program from any interested Federal agency, including the Attorney
General, in consultation with the Federal Trade Commission, and from the
Governor of any State which may become an affected State under such
proposed program. The Secretary may also invite or consider any
suggestions from the executive of any affected local government in such
an affected State, which have been previously submitted to the Governor
of such State, and from any other person.
(2) After such preparation and at least sixty days prior to
publication of a proposed leasing program in the Federal Register
pursuant to paragraph (3) of this subsection, the Secretary shall submit
a copy of such proposed program to the Governor of each affected State
for review and comment. The Governor may solicit comments from those
executives of local governments in his State which he, in his
discretion, determines will be affected by the proposed program. If any
comment by such Governor is received by the Secretary at least fifteen
days prior to submission to the Congress pursuant to such paragraph (3)
and includes a request for any modification of such proposed program,
the Secretary shall reply in writing, granting or denying such request
in whole or in part, or granting such request in such modified form as
the Secretary considers appropriate, and stating his reasons therefor.
All such correspondence between the Secretary and the Governor of any
affected State, together with any additional information and data
relating thereto, shall accompany such proposed program when it is
submitted to the Congress.
(3) Within nine months after September 18, 1978, the Secretary shall
submit a proposed leasing program to the Congress, the Attorney General,
and the Governors of affected States, and shall publish such proposed
program in the Federal Register. Each Governor shall, upon request,
submit a copy of the proposed leasing program to the executive of any
local government affected by the proposed program.
(d) Comments by Attorney General on anticipated effect on competition;
comments by State or local governments; submission of program to
President and Congress; issuance of leases in accordance with
program
(1) Within ninety days after the date of publication of a proposed
leasing program, the Attorney General may, after consultation with the
Federal Trade Commission, submit comments on the anticipated effects of
such proposed program upon competition. Any State, local government, or
other person may submit comments and recommendations as to any aspect of
such proposed program.
(2) At least sixty days prior to approving a proposed leasing
program, the Secretary shall submit it to the President and the
Congress, together with any comments received. Such submission shall
indicate why any specific recommendation of the Attorney General or a
State or local government was not accepted.
(3) After the leasing program has been approved by the Secretary, or
after eighteen months following September 18, 1978, whichever first
occurs, no lease shall be issued unless it is for an area included in
the approved leasing program and unless it contains provisions
consistent with the approved leasing program, except that leasing shall
be permitted to continue until such program is approved and for so long
thereafter as such program is under judicial or administrative review
pursuant to the provisions of this subchapter.
(e) Review, revision, and reapproval of program
The Secretary shall review the leasing program approved under this
section at least once each year. He may revise and reapprove such
program, at any time, and such revision and reapproval, except in the
case of a revision which is not significant, shall be in the same manner
as originally developed.
(f) Procedural regulations for management of program
The Secretary shall, by regulation, establish procedures for--
(1) receipt and consideration of nominations for any area to be
offered for lease or to be excluded from leasing;
(2) public notice of and participation in development of the
leasing program;
(3) review by State and local governments which may be impacted
by the proposed leasing;
(4) periodic consultation with State and local governments, oil
and gas lessees and permittees, and representatives of other
individuals or organizations engaged in activity in or on the outer
Continental Shelf, including those involved in fish and shellfish
recovery, and recreational activities; and
(5) consideration of the coastal zone management program being
developed or administered by an affected coastal State pursuant to
section 1454 or section 1455 of title 16.
Such procedures shall be applicable to any significant revision or
reapproval of the leasing program.
(g) Information from public and private sources; confidentiality of
classified or privileged data
The Secretary may obtain from public sources, or purchase from
private sources, any survey, data, report, or other information
(including interpretations of such data, survey, report, or other
information) which may be necessary to assist him in preparing any
environmental impact statement and in making other evaluations required
by this subchapter. Data of a classified nature provided to the
Secretary under the provisions of this subsection shall remain
confidential for such period of time as agreed to by the head of the
department or agency from whom the information is requested. The
Secretary shall maintain the confidentiality of all privileged or
proprietary data or information for such period of time as is provided
for in this subchapter, established by regulation, or agreed to by the
parties.
(h) Information from all Federal departments and agencies;
confidentiality of privileged or proprietary information
The heads of all Federal departments and agencies shall provide the
Secretary with any nonpriviledged \1\ or nonproprietary information he
requests to assist him in preparing the leasing program and may provide
the Secretary with any privileged or proprietary information he requests
to assist him in preparing the leasing program. Privileged or
proprietary information provided to the Secretary under the provisions
of this subsection shall remain confidential for such period of time as
agreed to by the head of the department or agency from whom the
information is requested. In addition, the Secretary shall utilize the
existing capabilities and resources of such Federal departments and
agencies by appropriate agreement.
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\1\ So in original. Probably should be ``nonprivileged''.
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(Aug. 7, 1953, ch. 345, Sec. 18, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 649.)
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 section 1349 of this title.
