1625-0097 Stat/Authority

§ 1333

TITLE 43—PUBLIC LANDS

(Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L.
95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634;
Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100
Stat. 148.)
Editorial Notes
AMENDMENTS
1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B)
and redesignated former subpar. (B) as (C).
1978—Pub. L. 95–372 redesignated subsecs. (a) and (b)
as pars. (1) and (2) and added pars. (3) to (6).

§ 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) JURISDICTION OF THE UNITED STATES ON THE
OUTER CONTINENTAL SHELF.—
(A) IN GENERAL.—The Constitution and laws
and civil and political jurisdiction of the
United States are extended, to the same extent as if the outer Continental Shelf were an
area of exclusive Federal jurisdiction located
within a State, to—
(i) the subsoil and seabed of the outer Continental Shelf;
(ii) all artificial islands on the outer Continental Shelf;
(iii) 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, including non-mineral energy resources; or
(iv) any such installation or other device
(other than a ship or vessel) for the purpose
of transporting or transmitting such resources.
(B) LEASES ISSUED EXCLUSIVELY UNDER THIS
ACT.—Mineral or energy 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repealed are declared to be the law of the United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 bound1 So

in original. Probably should be ‘‘settling’’.

Page 324

ary dispute respecting the outer Continental
Shelf.
(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) 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

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§ 1333

TITLE 43—PUBLIC LANDS

protection of navigation any artificial island,
installation, or other device referred to in subsection (a) 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).
(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) 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, § 4, 67 Stat. 462; Pub. L.
93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L.
95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635;
Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat.
1654; Pub. L. 116–283, div. H, title XCV, § 9503,
Jan. 1, 2021, 134 Stat. 4822.)
Editorial Notes
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 (§ 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 (§ 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
2021—Subsec. (a)(1). Pub. L. 116–283 amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
‘‘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.’’
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, § 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, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95–372, § 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, § 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, § 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, § 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) 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, § 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted ‘‘the artificial islands,
installations, and other devices referred to in subsection (a)’’ for ‘‘artificial islands and fixed structures
located on the outer Continental Shelf’’. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95–372, § 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.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities

§ 1334

TITLE 43—PUBLIC LANDS

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.

§ 1334. Administration of leasing
(a) Rules and regulations; amendment; cooperation with State agencies; subject matter and
scope of regulations
The Secretary shall administer the provisions
of this subchapter relating to the leasing of the
outer Continental Shelf, and shall prescribe
such rules and regulations as may be necessary
to carry out such provisions. The Secretary may
at any time prescribe and amend such rules and
regulations as he determines to be necessary
and proper in order to provide for the prevention
of waste and conservation of the natural resources of the outer Continental Shelf, and the
protection of correlative rights therein, and,
notwithstanding any other provisions herein,
such rules and regulations shall, as of their effective date, apply to all operations conducted
under a lease issued or maintained under the
provisions of this subchapter. In the enforcement of safety, environmental, and conservation
laws and regulations, the Secretary shall cooperate with the relevant departments and
agencies of the Federal Government and of the
affected States. In the formulation and promulgation of regulations, the Secretary shall request and give due consideration to the views of
the Attorney General with respect to matters
which may affect competition. In considering
any regulations and in preparing any such
views, the Attorney General shall consult with
the Federal Trade Commission. The regulations
prescribed by the Secretary under this subsection shall include, but not be limited to, provisions—
(1) for the suspension or temporary prohibition of any operation or activity, including
production, pursuant to any lease or permit
(A) at the request of a lessee, in the national
interest, to facilitate proper development of a
lease or to allow for the construction or negotiation for use of transportation facilities, or
(B) if there is a threat of serious, irreparable,
or immediate harm or damage to life (including fish and other aquatic life), to property, to
any mineral deposits (in areas leased or not
leased), or to the marine, coastal, or human
environment, and for the extension of any permit or lease affected by suspension or prohibition under clause (A) or (B) by a period equivalent to the period of such suspension or prohibition, except that no permit or lease shall be
so extended when such suspension or prohibition is the result of gross negligence or willful
violation of such lease or permit, or of regulations issued with respect to such lease or permit;
(2) with respect to cancellation of any lease
or permit—
(A) that such cancellation may occur at
any time, if the Secretary determines, after
a hearing, that—
(i) continued activity pursuant to such
lease or permit would probably cause seri-

Page 326

ous harm or damage to life (including fish
and other aquatic life), to property, to any
mineral (in areas leased or not leased), to
the national security or defense, or to the
marine, coastal, or human environment;
(ii) the threat of harm or damage will
not disappear or decrease to an acceptable
extent within a reasonable period of time;
and
(iii) the advantages of cancellation outweigh the advantages of continuing such
lease or permit force;
(B) that such cancellation shall not occur
unless and until operations under such lease
or permit shall have been under suspension,
or temporary prohibition, by the Secretary,
with due extension of any lease or permit
term continuously for a period of five years,
or for a lesser period upon request of the lessee;
(C) that such cancellation shall entitle the
lessee to receive such compensation as he
shows to the Secretary as being equal to the
lesser of (i) the fair value of the canceled
rights as of the date of cancellation, taking
account of both anticipated revenues from
the lease and anticipated costs, including
costs of compliance with all applicable regulations and operating orders, liability for
cleanup costs or damages, or both, in the
case of an oilspill, and all other costs reasonably anticipated on the lease, or (ii) the
excess, if any, over the lessee’s revenues,
from the lease (plus interest thereon from
the date of receipt to date of reimbursement) of all consideration paid for the lease
and all direct expenditures made by the lessee after the date of issuance of such lease
and in connection with exploration or development, or both, pursuant to the lease (plus
interest on such consideration and such expenditures from date of payment to date of
reimbursement), except that (I) with respect
to leases issued before September 18, 1978,
such compensation shall be equal to the
amount specified in clause (i) of this subparagraph; and (II) in the case of joint leases
which are canceled due to the failure of one
or more partners to exercise due diligence,
the innocent parties shall have the right to
seek damages for such loss from the responsible party or parties and the right to acquire the interests of the negligent party or
parties and be issued the lease in question;
(3) for the assignment or relinquishment of a
lease;
(4) for unitization, pooling, and drilling
agreements;
(5) for the subsurface storage of oil and gas
from any source other than by the Federal
Government;
(6) for drilling or easements necessary for
exploration, development, and production;
(7) for the prompt and efficient exploration
and development of a lease area; and
(8) for compliance with the national ambient
air quality standards pursuant to the Clean
Air Act (42 U.S.C. 7401 et seq.), to the extent
that activities authorized under this subchapter significantly affect the air quality of
any State.