43 U.S.C. § 1301 — Definitions

Page 317 TITLE 43—PUBLIC LANDS § 1301 1 So in original. The comma probably should be a semicolon. and tenants of land acquired for developments and to applications for payments. Section 1232, Pub. L. 85–433, § 2, May 29, 1958, 72 Stat. 152, related to administration and rules and regula- tions. Section 1233, Pub. L. 85–433, § 3, May 29, 1958, 72 Stat. 152, related to definitions. Section 1234, Pub. L. 85–433, § 4, May 29, 1958, 72 Stat. 152, related to availability of appropriations. See sec- tion 4601 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91–646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions re- pealed by section 220(a) of Pub. L. 91–646 as not affected by such repeal, see section 220(b) of Pub. L. 91–646, set out as a note under section 4621 of Title 42, The Public Health and Welfare. SUBCHAPTER XIII—STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS § 1241. Transferred Editorial Notes CODIFICATION Section 1241 was editorially reclassified as section 2701 of this title. § 1242. Transferred Editorial Notes CODIFICATION Section 1242 was editorially reclassified as section 2702 of this title. § 1243. Transferred Editorial Notes CODIFICATION Section 1243 was editorially reclassified as section 2703 of this title. CHAPTER 29—SUBMERGED LANDS SUBCHAPTER I—GENERAL PROVISIONS Sec. 1301. Definitions. 1302. Resources seaward of Continental Shelf. 1303. Amendment, modification, or repeal of other laws. SUBCHAPTER II—LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES 1311. Rights of States. 1312. Seaward boundaries of States. 1313. Exceptions from operation of section 1311 of this title. 1314. Rights and powers retained by United States; purchase of natural resources; condemna- tion of lands. 1315. Rights acquired under laws of United States unaffected. SUBCHAPTER III—OUTER CONTINENTAL SHELF LANDS 1331. Definitions. Sec. 1332. Congressional declaration of policy. 1333. Laws and regulations governing lands. 1334. Administration of leasing. 1335. Validation and maintenance of prior leases. 1336. Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico. 1337. Leases, easements, and rights-of-way on the outer Continental Shelf. 1338. Disposition of revenues. 1338a. Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; deposits and trans- fers to decommissioning account; return of excess amounts. 1339. Repealed. 1340. Geological and geophysical explorations. 1341. Reservation of lands and rights. 1342. Prior claims as unaffected. 1343. Repealed. 1344. Outer Continental Shelf leasing program. 1345. Coordination and consultation with affected State and local governments. 1346. Environmental studies. 1347. Safety and health regulations. 1348. Enforcement of safety and environmental regulations. 1349. Citizens suits, jurisdiction and judicial re- view. 1350. Remedies and penalties. 1351. Oil and gas development and production. 1352. Oil and gas information program. 1353. Federal purchase and disposition of oil and gas. 1354. Limitations on export of oil or gas. 1355. Restrictions on employment of former offi- cers or employees of Department of the In- terior. 1356. Documentary, registry and manning require- ments. 1356a. Coastal impact assistance program. 1356b. Transboundary hydrocarbon agreements. 1356c. Wind lease sales for areas of the outer Conti- nental Shelf offshore of territories of the United States. SUBCHAPTER I—GENERAL PROVISIONS § 1301. Definitions When used in this subchapter and subchapter II— (a) The term ‘‘lands beneath navigable wa- ters’’ means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or ac- quired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically cov- ered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the bound- ary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends sea- ward (or into the Gulf of Mexico) beyond three geographical miles,1 and Page 318 TITLE 43—PUBLIC LANDS § 1301 (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; (b) The term ‘‘boundaries’’ includes the sea- ward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to section 1312 of this title but in no event shall the term ‘‘boundaries’’ or the term ‘‘lands beneath navigable waters’’ be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more than three marine leagues into the Gulf of Mexico, except that any boundary between a State and the United States under this subchapter or sub- chapter II which has been or is hereafter fixed by coordinates under a final decree of the United States Supreme Court shall remain immobilized at the coordinates provided under such decree and shall not be ambulatory; (c) The term ‘‘coast line’’ means the line of or- dinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland wa- ters; (d) The terms ‘‘grantees’’ and ‘‘lessees’’ in- clude (without limiting the generality thereof) all political subdivisions, municipalities, public and private corporations, and other persons holding grants or leases from a State, or from its predecessor sovereign if legally validated, to lands beneath navigable waters if such grants or leases were issued in accordance with the con- stitution, statutes, and decisions of the courts of the State in which such lands are situated, or of its predecessor sovereign: Provided, however, That nothing herein shall be construed as con- ferring upon said grantees or lessees any greater rights or interests other than are described herein and in their respective grants from the State, or its predecessor sovereign; (e) The term ‘‘natural resources’’ includes, without limiting the generality thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but does not in- clude water power, or the use of water for the production of power; (f) The term ‘‘lands beneath navigable waters’’ does not include the beds of streams in lands now or heretofore constituting a part of the pub- lic lands of the United States if such streams were not meandered in connection with the pub- lic survey of such lands under the laws of the United States and if the title to the beds of such streams was lawfully patented or conveyed by the United States or any State to any person; (g) The term ‘‘State’’ means any State of the Union; (h) The term ‘‘person’’ includes, in addition to a natural person, an association, a State, a po- litical subdivision of a State, or a private, pub- lic, or municipal corporation. (May 22, 1953, ch. 65, title I, § 2, 67 Stat. 29; Pub. L. 99–272, title VIII, § 8005, Apr. 7, 1986, 100 Stat. 151.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–272 inserted ‘‘, except that any boundary between a State and the United States under this subchapter or subchapter II which has been or is hereafter fixed by coordinates under a final decree of the United States Supreme Court shall remain immobilized at the coordinates provided under such decree and shall not be ambulatory’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–58, title III, § 301, Nov. 28, 1995, 109 Stat. 563, provided that: ‘‘This title [amending section 1337 of this title and enacting provisions set out as notes under section 1337 of this title] may be referred to as the ‘Outer Continental Shelf Deep Water Royalty Re- lief Act’.’’ SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99–367, § 1, July 31, 1986, 100 Stat. 774, provided: ‘‘That this Act [enacting section 1865 of this title, amending section 1343 of this title, and repealing sec- tion 1861 of this title] may be referred to as the ‘OCS Paperwork and Reporting Act’.’’ Pub. L. 99–272, title VIII, § 8001, Apr. 7, 1986, 100 Stat. 147, provided that: ‘‘This title [amending this section and sections 1332 and 1337 of this title and enacting pro- visions set out as a note under section 1337 of this title] may be referred to as the ‘Outer Continental Shelf Lands Act Amendments of 1985’.’’ SHORT TITLE Act Aug. 7, 1953, ch. 345, § 1, 67 Stat. 462, provided that: ‘‘This Act [enacting subchapter III of this chap- ter] may be cited as the ‘Outer Continental Shelf Lands Act’.’’ Act May 22, 1953, ch. 65, § 1, 67 Stat. 29, provided that: ‘‘This Act [enacting subchapters I and II of this chap- ter] may be cited as the ‘Submerged Lands Act’.’’ SEPARABILITY Act May 22, 1953, ch. 65, title II, § 11, 67 Stat. 33, pro- vided that: ‘‘If any provision of this Act [enacting sub- chapters I and II of this chapter], or any section, sub- section, 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 af- fected thereby; without limiting the generality of the foregoing, if subsection 3(a)1, 3(a)2, 3(b)1, 3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1), (b)(2), (b)(3), (c) of this title] or any provision of any of those subsections is held invalid, such subsection or provision shall be held separable and the remaining subsections and pro- visions shall not be affected thereby.’’ APPLICABILITY TO ALASKA AND HAWAII Applicability of this chapter to the State of Hawaii, see section 5(i) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 6, set out as a note preceding section 491 of Title 48, Terri- tories and Insular Possessions. Applicability of subchapters I and II of this chapter to the State of Alaska, see section 6(m) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48. NAVAL PETROLEUM RESERVE Act May 22, 1953, ch. 65, title II, § 10, 67 Stat. 33, re- voked Ex. Ord. No. 10426, Jan. 16, 1953, 18 F.R. 405, ‘‘in- sofar as it applies to any lands beneath navigable wa- ters as defined in section 2 hereof [this section]’’. Ex. Ord. 10426 set aside certain submerged lands as a naval petroleum reserve and transferred functions with re- spect thereto from the Secretary of the Interior to the Secretary of the Navy. Page 319 TITLE 43—PUBLIC LANDS § 1311 Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 1302. Resources seaward of Continental Shelf Nothing in this subchapter or subchapter II shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 1301 of this title, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is confirmed. (May 22, 1953, ch. 65, title II, § 9, 67 Stat. 32.) § 1303. Amendment, modification, or repeal of other laws Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supple- mentary thereto. (May 22, 1953, ch. 65, title II, § 7, 67 Stat. 32.) Editorial Notes REFERENCES IN TEXT Act July 26, 1866 (14 Stat. 251), referred to in text, is act July 26, 1866, ch. 262, 14 Stat. 251, which is not clas- sified to the Code. Act July 9, 1870 (16 Stat. 217), referred to in text, is act July 9, 1870, ch. 235, 16 Stat. 217, which is not classi- fied to the Code. Act March 3, 1877 (19 Stat. 377), referred to in text, is act Mar. 3, 1877, ch. 107, 19 Stat. 377, as amended, popu- larly known as the Desert Lands Act, which is classi- fied generally to sections 321 to 323, 325, and 327 to 329 of this title. For complete classification of this Act to the Code, see Tables. Act June 17, 1902 (32 Stat. 388), referred to in text, is popularly known as the Reclamation Act, which is clas- sified generally to chapter 12 (§ 371) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. Act December 22, 1944 (58 Stat. 887), referred to in text, is act Dec. 22, 1944, ch. 665, 58 Stat. 887, which en- acted section 390 of this title, sections 460d and 825s of Title 16, Conservation, and sections 701–1, 701a–1, 708, and 709 of Title 33, Navigation and Navigable Waters, amended section 701b–1 of Title 33, and enacted provi- sions set out as notes under section 701f of Title 33. For complete classification of this Act to the Code, see Ta- bles. SUBCHAPTER II—LANDS BENEATH NAVI- GABLE WATERS WITHIN STATE BOUND- ARIES § 1311. Rights of States (a) Confirmation and establishment of title and ownership of lands and resources; manage- ment, administration, leasing, development, and use It is determined and declared to be in the pub- lic interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the nat- ural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and nat- ural resources all in accordance with applicable State law be, and they are, subject to the provi- sions hereof, recognized, confirmed, established, and vested in and assigned to the respective States or the persons who were on June 5, 1950, entitled thereto under the law of the respective States in which the land is located, and the re- spective grantees, lessees, or successors in inter- est thereof; (b) Release and relinquishment of title and claims of United States; payment to States of moneys paid under leases (1) The United States releases and relinquishes unto said States and persons aforesaid, except as otherwise reserved herein, all right, title, and interest of the United States, if any it has, in and to all said lands, improvements, and natural resources; (2) the United States releases and re- linquishes all claims of the United States, if any it has, for money or damages arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters; and (3) the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States shall pay to the respective States or their grantees issuing leases covering such lands or natural resources all moneys paid thereunder to the Secretary of the Interior or to the Secretary of the Navy or to the Treasurer of the United States and sub- ject to the control of any of them or to the con- trol of the United States on May 22, 1953, except that portion of such moneys which (1) is re- quired to be returned to a lessee; or (2) is de- ductible as provided by stipulation or agreement between the United States and any of said States; (c) Leases in effect on June 5, 1950 The rights, powers, and titles hereby recog- nized, confirmed, established, and vested in and assigned to the respective States and their grantees are subject to each lease executed by a State, or its grantee, which was in force and ef- fect on June 5, 1950, in accordance with its terms and provisions and the laws of the State issuing, or whose grantee issued, such lease, and such rights, powers, and titles are further subject to the rights herein now granted to any person holding any such lease to continue to maintain the lease, and to conduct operations thereunder, in accordance with its provisions, for the full term thereof, and any extensions, renewals, or replacements authorized therein, or heretofore