43 USC Sec. 1333 01/03/2012 (112-90)

43 USC Sec. 1333 01/03/2012 (112-90)

-EXPCITE-

TITLE 43 – PUBLIC LANDS

CHAPTER 29 – SUBMERGED LANDS

SUBCHAPTER III – OUTER CONTINENTAL SHELF LANDS

-HEAD-

Sec. 1333. Laws and regulations governing lands

-STATUTE-

(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) 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.

(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or hereafter adopted, amended, or repealed are declared to be the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

boundary 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) of

this section 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 protection of navigation any artificial

island, installation, or other device referred to in subsection (a)

of this section 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) of this section.

(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) of this section 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.

-SOURCE-

(Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627, Sec.

19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II, Sec.

203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),

Sept. 28, 1984, 98 Stat. 1654.)

-REFTEXT-

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 (Sec. 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 (Sec. 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.

-MISC1-

AMENDMENTS

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, Sec. 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, Sec. 203(b), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (b). Pub. L. 95-372, Sec. 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, Sec. 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, Sec. 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, Sec. 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) of this section 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, Sec. 203(e)(2), (h), redesignated

subsec. (f) as (e) and substituted “the artificial islands,

installations, and other devices referred to in subsection (a) of

this section” for “artificial islands and fixed structures located

on the outer Continental Shelf”. Former subsec. (e) redesignated

(d).

Subsecs. (f), (g). Pub. L. 95-372, Sec. 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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities 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.

-FOOTNOTE-

(!1) So in original. Probably should be “settling”.

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