43 USC 1331 - Definitions

1 See References in Text note below.

of title 16.

2 So in original. Probably should be “accordance”.

with the proposed activity will receive, oil for processing, refining, or transshipment which was extracted from the outer Continental Shelf and transported directly to such State by means of vessels or by a combination of means including vessels;

3 So in original. Probably should be “title.”

4 So in original. Another subsec. (r) is set out following subsec. (s).

5 So in original. Another subsec. (r) is set out following subsec. (q).

The term “State” means—

Editorial Notes

References in Text

The Department of Energy Organization Act, referred to in subsec. (span), is Puspan. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables.

Section 1454(span) of title 16, referred to in subsec. (e), was amended generally by Puspan. L. 101–508, title VI, § 6205, Nov. 5, 1990, 104 Stat. 1388–302, and, as so amended, does not contain a par. (1).

The Sherman Act, referred to in subsec. (n)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which enacted sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (n)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug. 27, 1894, ch. 349, §§ 73 to 77, 28 Stat. 570. Sections 73 to 76 enacted sections 8 to 11 of Title 15. Section 77 is not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8 of Title 15 and Tables.

Act of June 19, 1936, referred to in subsec. (n)(5), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Act, the Robinson-Patman Antidiscrimination Act, and the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13span, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.

Amendments

2022—Subsec. (a). Puspan. L. 117–169, § 50251(span)(1)(A)(i)(I), (III), substituted “means—

“(1) all”

for “means all” and added par. (2).

Subsec. (a)(1). Puspan. L. 117–169, § 50251(span)(1)(A)(i)(II), which directed substitution of “control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and” for “control;”, was executed by making the substitution for “control.” to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 117–58, § 40307(a)(3).

Subsec. (p). Puspan. L. 117–169, § 50251(span)(1)(A)(ii), which directed striking “and” after the semicolon at the end, could not be executed due to the intervening amendment by Puspan. L. 117–58, § 40307(a)(3). See 2021 Amendment note below.

Subsec. (q). Puspan. L. 117–169, § 50251(span)(1)(A)(iii), substituted “title; and” for “title.”

Subsec. (r). Puspan. L. 117–169, § 50251(span)(1)(A)(iv), added at end subsec. (r) defining “State”.

2021—Puspan. L. 117–58, § 40307(a)(1), substituted “In this subchapter:” for “When used in this subchapter—” in introductory provisions.

Subsecs. (a) to (q). Puspan. L. 117–58, § 40307(a)(2), (3), inserted headings in subsecs. (a) to (q) comprised of the term defined in the subsec., substituted a period for semicolon at end of subsecs. (a) to (o) and a period for “; and” at end of subsec. (p).

Subsecs. (r), (s). Puspan. L. 117–58, § 40307(a)(4), added subsec. (r) defining “carbon dioxide stream” and subsec. (s).

1978—Subsec. (span). Puspan. L. 95–372, § 201(a), inserted provision that, with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act, “Secretary” means the Secretary of Energy or the Federal Energy Regulatory Commission, as the case may be.

Subsec. (c). Puspan. L. 95–372, § 201(a), substituted “lease” for “mineral lease” as term defined and in definition of that term substituted “any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes exploration for, and development and production of, minerals;” for “any form of authorization for the exploration for, or development or removal of deposits of, oil, gas, or other minerals; and”.

Subsec. (d). Puspan. L. 95–372, § 201(span)(1), substituted semicolon for period at end.

Subsecs. (e) to (q). Puspan. L. 95–372, § 201(span)(2), added subsecs. (e) to (q).

Statutory Notes and Related Subsidiaries

Short Title of 1978 Amendment

For short title of Puspan. L. 95–372 as the “Outer Continental Shelf Lands Act Amendments of 1978”, see section 1 of Puspan. L. 95–372, set out as a Short Title note under section 1801 of this title.

Short Title

For short title of act Aug. 7, 1953, which enacted this subchapter, as the “Outer Continental Shelf Lands Act”, see section 1 of act Aug. 7, 1953, set out as a note under section 1301 of this chapter.

Separability

Act Aug. 7, 1953, ch. 345, § 17, 67 Stat. 471, provided that: “If any provision of this Act [enacting this subchapter], or any section, subsection, sentence, clause, phrase or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby.”

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(span) of Title 42, The Public Health and Welfare. Section 7152(span) of Title 42 was repealed by Puspan. L. 97–100, title II, § 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.

Regulations

Puspan. L. 117–58, div. D, title III, § 40307(d), Nov. 15, 2021, 135 Stat. 1003, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of the Interior shall promulgate regulations to carry out the amendments made by this section [amending this section and section 1337 of this title].”

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Gulf of Mexico Energy Security

Puspan. L. 109–432, div. C, title I, Dec. 20, 2006, 120 Stat. 3000, as amended by Puspan. L. 113–287, § 5(l)(2), Dec. 19, 2014, 128 Stat. 3270; Puspan. L. 115–97, title II, § 20002, Dec. 22, 2017, 131 Stat. 2237, provided that:

“SEC. 101. SHORT TITLE.

“This title may be cited as the ‘Gulf of Mexico Energy Security Act of 2006’.

“SEC. 102. DEFINITIONS.“In this title:

“(1) 181 area.—The term ‘181 Area’ means the area identified in map 15, page 58, of the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Management Service, available in the Office of the Director of the Minerals Management Service, excluding the area offered in OCS Lease Sale 181, held on December 5, 2001.

“(2) 181 south area.—The term ‘181 South Area’ means any area—

“(A) located—

“(i) south of the 181 Area;

“(ii) west of the Military Mission Line; and

“(iii) in the Central Planning Area;

“(B) excluded from the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Management Service; and

“(C) included in the areas considered for oil and gas leasing, as identified in map 8, page 37 of the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006.

“(3)Bonus or royalty credit.—The term ‘bonus or royalty credit’ means a legal instrument or other written documentation, or an entry in an account managed by the Secretary, that may be used in lieu of any other monetary payment for—

“(A) a bonus bid for a lease on the outer Continental Shelf; or

“(B) a royalty due on oil or gas production from any lease located on the outer Continental Shelf.

“(4)Central planning area.—The term ‘Central Planning Area’ means the Central Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006.

“(5)Eastern planning area.—The term ‘Eastern Planning Area’ means the Eastern Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006.

“(6) 2002–2007 planning area.—The term ‘2002–2007 planning area’ means any area—

“(A) located in—

“(i) the Eastern Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service;

“(ii) the Central Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; or

“(iii) the Western Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; and

“(B) not located in—

“(i) an area in which no funds may be expended to conduct offshore preleasing, leasing, and related activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54; 119 Stat. 521) (as in effect on August 2, 2005);

“(ii) an area withdrawn from leasing under the ‘Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’, from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998; or

“(iii) the 181 Area or 181 South Area.

“(7)Gulf producing state.—The term ‘Gulf producing State’ means each of the States of Alabama, Louisiana, Mississippi, and Texas.

“(8)Military mission line.—The term ‘Military Mission Line’ means the north-south line at 86°41′ W. longitude.

“(9)Qualified outer continental shelf revenues.—

“(A)In general.—The term ‘qualified outer Continental Shelf revenues’ means—

“(i) in the case of each of fiscal years 2007 through 2016, all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act [Dec. 20, 2006] for—

“(I) areas in the 181 Area located in the Eastern Planning Area; and

“(II) the 181 South Area; and

“(ii) in the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after the date of enactment of this Act for—

“(I) the 181 Area;

“(II) the 181 South Area; and

“(III) the 2002–2007 planning area.

“(B)Exclusions.—The term ‘qualified outer Continental Shelf revenues’ does not include—

“(i) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or

“(ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)).

“(10)Coastal political subdivision.—The term ‘coastal political subdivision’ means a political subdivision of a Gulf producing State any part of which political subdivision is—

“(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the Gulf producing State as of the date of enactment of this Act [Dec. 20, 2006]; and

“(B) not more than 200 nautical miles from the geographic center of any leased tract.

“(11)Secretary.—

Naval Petroleum Reserve

Act Aug. 7, 1953, ch. 345, § 13, 67 Stat. 470, revoked Ex. Ord. No. 10426, Jan. 16, 1953, 18 F.R. 405, which had set aside certain submerged lands as a naval petroleum reserve and had transferred functions with respect thereto from the Secretary of the Interior to the Secretary of the Navy.

Authorization of Appropriations

Act Aug. 7, 1953, ch. 345, § 16, 67 Stat. 471, provided that: “There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [enacting this subchapter].”

Executive Documents

Proc. No. 5928. Territorial Sea of United States

Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided:

International law recognizes that coastal nations may exercise sovereignty and jurisdiction over their territorial seas.

The territorial sea of the United States is a maritime zone extending beyond the land territory and internal waters of the United States over which the United States exercises sovereignty and jurisdiction, a sovereignty and jurisdiction that extend to the airspace over the territorial sea, as well as to its bed and subsoil.

Extension of the territorial sea by the United States to the limits permitted by international law will advance the national security and other significant interests of the United States.

NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution of the United States of America, and in accordance with international law, do hereby proclaim the extension of the territorial sea of the United States of America, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty.

The territorial sea of the United States henceforth extends to 12 nautical miles from the baselines of the United States determined in accordance with international law.

In accordance with international law, as reflected in the applicable provisions of the 1982 United Nations Convention on the Law of the Sea, within the territorial sea of the United States, the ships of all countries enjoy the right of innocent passage and the ships and aircraft of all countries enjoy the right of transit passage through international straits.

Nothing in this Proclamation:

(a) extends or otherwise alters existing Federal or State law or any jurisdiction, rights, legal interests, or obligations derived therefrom; or

(span) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of December, in the year of our Lord nineteen hundred and eighty-eight, and of the Independence of the United States of America the two hundred and thirteenth.

Ronald Reagan.

Proc. No. 7219. Contiguous Zone of the United States

Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, provided:

International law recognizes that coastal nations may establish zones contiguous to their territorial seas, known as contiguous zones.

The contiguous zone of the United States is a zone contiguous to the territorial sea of the United States, in which the United States may exercise the control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea, and to punish infringement of the above laws and regulations committed within its territory or territorial sea.

Extension of the contiguous zone of the United States to the limits permitted by international law will advance the law enforcement and public health interests of the United States. Moreover, this extension is an important step in preventing the removal of cultural heritage found within 24 nautical miles of the baseline.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in me as President by the Constitution of the United States, and in accordance with international law, do hereby proclaim the extension of the contiguous zone of the United States of America, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession over which the United States exercises sovereignty, as follows:

The contiguous zone of the United States extends to 24 nautical miles from the baselines of the United States determined in accordance with international law, but in no case within the territorial sea of another nation.

In accordance with international law, reflected in the applicable provisions of the 1982 Convention on the Law of the Sea, within the contiguous zone of the United States the ships and aircraft of all countries enjoy the high seas freedoms of navigation and overflight and the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to those freedoms, such as those associated with the operation of ships, aircraft, and submarine cables and pipelines, and compatible with the other provisions of international law reflected in the 1982 Convention on the Law of the Sea.

Nothing in this proclamation:

(a) amends existing Federal or State law;

(span) amends or otherwise alters the rights and duties of the United States or other nations in the Exclusive Economic Zone of the United States established by Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453 note]; or

(c) impairs the determination, in accordance with international law, of any maritime boundary of the United States with a foreign jurisdiction.

IN WITNESS WHEREOF, I have hereunto set my hand this second day of September, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth.

William J. Clinton.

Executive Order No. 13795

Ex. Ord. No. 13795, Apr. 28, 2017, 82 F.R. 20815, which related to an America-first offshore energy strategy and encouraged energy exploration and production, including on the Outer Continental Shelf, was revoked by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, set out in a note under section 4321 of Title 42, The Public Health and Welfare.