§ 1346. — Environmental studies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1346]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1346. Environmental studies
(a) Information for assessment and management of impacts on environment;
time for study; impacts on marine biota from pollution or large
spills
(1) The Secretary shall conduct a study of any area or region
included in any oil and gas lease sale or other lease in order to
establish information needed for assessment and management of
environmental impacts on the human, marine, and coastal environments of
the outer Continental Shelf and the coastal areas which may be affected
by oil and gas or other mineral development in such area or region.
(2) Each study required by paragraph (1) of this subsection shall be
commenced not later than six months after September 18, 1978, with
respect to any area or region where a lease sale has been held or
announced by publication of a notice of proposed lease sale before
September 18, 1978, and not later than six months prior to the holding
of a lease sale with respect to any area or region where no lease sale
has been held or scheduled before September 18, 1978. In the case of an
agreement under section 1337(k)(2) of this title, each study required by
paragraph (1) of this subsection shall be commenced not later than 6
months prior to commencing negotiations for such agreement or the
entering into the memorandum of agreement as the case may be. The
Secretary may utilize information collected in any study prior to
September 18, 1978.
(3) In addition to developing environmental information, any study
of an area or region, to the extent practicable, shall be designed to
predict impacts on the marine biota which may result from chronic low
level pollution or large spills associated with outer Continental Shelf
production, from the introduction of drill cuttings and drilling muds in
the area, and from the laying of pipe to serve the offshore production
area, and the impacts of development offshore on the affected and
coastal areas.
(b) Additional studies subsequent to leasing and development of area
Subsequent to the leasing and developing of any area or region, the
Secretary shall conduct such additional studies to establish
environmental information as he deems necessary and shall monitor the
human, marine, and coastal environments of such area or region in a
manner designed to provide time-series and data trend information which
can be used for comparison with any previously collected data for the
purpose of identifying any significant changes in the quality and
productivity of such environments, for establishing trends in the areas
studied and monitored, and for designing experiments to identify the
causes of such changes.
(c) Procedural regulations for conduct of studies; cooperation with
affected States; utilization of information from Federal, State
and local governments and agencies
The Secretary shall, by regulation, establish procedures for
carrying out his duties under this section, and shall plan and carry out
such duties in full cooperation with affected States. To the extent that
other Federal agencies have prepared environmental impact statements,
are conducting studies, or are monitoring the affected human, marine, or
coastal environment, the Secretary may utilize the information derived
therefrom in lieu of directly conducting such activities. The Secretary
may also utilize information obtained from any State or local
government, or from any person, for the purposes of this section. For
the purpose of carrying out his responsibilities under this section, the
Secretary may by agreement utilize, with or without reimbursement, the
services, personnel, or facilities of any Federal, State, or local
government agency.
(d) Consideration of relevant environmental information in developing
regulations, lease conditions and operating orders
The Secretary shall consider available relevant environmental
information in making decisions (including those relating to exploration
plans, drilling permits, and development and production plans), in
developing appropriate regulations and lease conditions, and in issuing
operating orders.
(e) Assessment of cumulative effects of activities on environment;
submission to Congress
As soon as practicable after the end of every 3 fiscal years, the
Secretary shall submit to the Congress and make available to the general
public an assessment of the cumulative effect of activities conducted
under this subchapter on the human, marine, and coastal environments.
(f) Utilization of capabilities of Department of Commerce
In executing his responsibilities under this section, the Secretary
shall, to the maximum extent practicable, enter into appropriate
arrangements to utilize on a reimbursable basis the capabilities of the
Department of Commerce. In carrying out such arrangements, the Secretary
of Commerce is authorized to enter into contracts or grants with any
person, organization, or entity with funds appropriated to the Secretary
of the Interior pursuant to this subchapter.
(Aug. 7, 1953, ch. 345, Sec. 20, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 653; amended Pub. L. 103-426,
Sec. 1(b), Oct. 31, 1994, 108 Stat. 4371; Pub. L. 104-66, title I,
Sec. 1082(b), Dec. 21, 1995, 109 Stat. 722.)
Amendments
1995--Subsec. (e). Pub. L. 104-66 substituted ``every 3 fiscal
years'' for ``each fiscal year''.
1994--Subsec. (a)(1). Pub. L. 103-426, Sec. 1(b)(1), inserted ``or
other lease'' after ``any oil and gas lease sale'' and ``or other
mineral'' after ``affected by oil and gas''.
Subsec. (a)(2). Pub. L. 103-426, Sec. 1(b)(2), inserted before last
sentence ``In the case of an agreement under section 1337(k)(2) of this
title, each study required by paragraph (1) of this subsection shall be
commenced not later than 6 months prior to commencing negotiations for
such agreement or the entering into the memorandum of agreement as the
case may be.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which the
15th item on page 111 identifies a reporting provision which, as
subsequently amended, is contained in subsec. (e) of this section), see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.
