§ 1340. Geological and geophysical explorations

Footnotes

1. 1 So in original. Probably should be “undertaken;”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1953

   Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469 · 67 Stat. 469

   Enacted · 43 U.S.C. § 1340

   Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469

   Source evidence

   Code source credit
   Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469

2. 1978

   Outer Continental Shelf Lands Act Amendments of 1978

   Pub. L. 95–372 title II § 206 · 92 Stat. 629

   1. Amended · 43 U.S.C. § 1340

      Pub. L. 95–372 designated existing provisions as subsec. (a)(1)

   2. Added · 43 U.S.C. § 1340

      Pub. L. 95–372 added subsecs. (a)(2) to (h)

   Source evidence

   Code amendment note
   Pub. L. 95–372 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) to (h).

   Enacted provision · exact public law section
   Sec. 206. outer continental shelf oil and gas exploration Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended— (1) by inserting “(a)(1)” immediately before “Any”; and (2) by adding at the end thereof the following: “(2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this Act. “(b) Except as provided in subsection (f) of this section, beginning ninety days after the date of enactment of this subsection, no exploration pursuant to any oil and gas lease issued or maintained under this Act may be undertaken by the holder of such lease, except in accordance with the provisions of this section. “(c) (1) Except as otherwise provided in the Act, prior to commencing Exploration plan. exploration pursuant to any oil and gas lease issued or maintained under this Act, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this Act, regulations prescribed under this Act, including regulations prescribed by the Secretary pursuant to paragraph (8) of section 5(a) of this Act, and the 43 USC 1334. provisions of such lease. The Secretary shall require such modifications of such plan as are necessary to achieve such consistency. The Secretary shall approve such plan, as submitted or modified, within thirty days of its submission, except that the Secretary shall disapprove such plan if he determines that (A) any proposed activity under such plan would result in any condition described in section 5(a)(2)(A)(i) of this Act, and (B) such proposed activity cannot be modified to avoid such condition. If the Secretary disapproves a plan under the preceding sentence, he may, subject to section 5(a)(2)(B) of this Act, cancel such lease and the lessee shall be entitled to compensation in accordance with the regulations prescribed under section 5(a)(2)(C)(i) or (ii) of this Act. “(2) The Secretary shall not grant any license or permit for any activity described in detail in an exploration plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455), unless the State concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act, or the Secretary of Commerce makes 16 USC 1456. the finding authorized by section 307(c)(3)(B)(iii) of such Act. “(3) An exploration plan submitted under this subsection shall include, Regulations. in the degree of detail which the Secretary may by regulation require— “(A) a schedule of anticipated exploration activities to be undertaken; “(B) a description of equipment to be used for such activities; “(C) the general location of each well to be drilled; and “(D) such other information deemed pertinent by the Secretary. “(4) The Secretary may, by regulation, require that such plan be Regulations. accompanied by a general statement of development and production intentions which shall be for planning purposes only and which shall not be binding on any party. “(d) The Secretary may, by regulation, require any lessee operating under an approved exploration plan to obtain a permit prior to drilling any well in accordance with such plan. “(e) (1) If a significant revision of an exploration plan approved under this subsection is submitted to the Secretary, the process to be used for the approval of such revision shall be the same as set forth in subsection (c) of this section. “(2) All exploration activities pursuant to any lease shall be conducted in accordance with an approved exploration plan or an approved revision of such plan. “(f) (1) Exploration activities pursuant to any lease for which a drilling permit has been issued or for which an exploration plan has been approved, prior to ninety days after the date of enactment of this subsection, shall be considered in compliance with this section, except that the Secretary may, in accordance with section 5(a)(1)(B) of this Act, order a suspension or temporary prohibition of any exploration 43 USC 1334. activities and require a revised exploration plan. “(2) The Secretary may require the holder of a lease described in paragraph (1) of this subsection to supply a general statement in accordance with subsection (c)(4) of this section, or to submit other information. “(3) Nothing in this subsection shall be construed to amend the terms of any permit or plan to which this subsection applies. “(g) Any permit for geological explorations authorized by this Regulations. section shall be issued only if the Secretary determines, in accordance with regulations issued by the Secretary, that— “(1) the applicant for such permit is qualified; “(2) the exploration will not interfere with or endanger operations under any lease issued or maintained pursuant to this Act; and “(3) such exploration will not be unduly harmful to aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological significance. “(h) The Secretary shall not issue a lease or permit for, or otherwise allow, exploration, development, or production activities within fifteen miles of the boundaries of the Point Reyes Wilderness as depicted on a map entitled ‘Wilderness Plan, Point Reyes National Seashore’, numbered 612–90,000–B and dated September 1976, unless the State of California issues a lease or permit for, or otherwise allows, exploration, development, or production activities on lands beneath navigable waters (as such term is defined in section 2 of the Submerged Lands Act) of such State which are adjacent to such 43 USC 1301. Wilderness.”.

2 of 3 references resolved to an enrolled provision · 1 partial