U.S. Code » Title 43 » Chapter CHAPTER 29— SUBMERGED LANDS › Subchapter SUBCHAPTER III— OUTER CONTINENTAL SHELF LANDS

43 U.S.C. § 1332

Congressional declaration of policy

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It is hereby declared to be the policy of the United States that—(1) the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition as provided in this subchapter;(2) this subchapter shall be construed in such a manner that the character of the waters above the outer Continental Shelf as high seas and the right to navigation and fishing therein shall not be affected;(3) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with the maintenance of competition and other national needs;(4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on coastal and non-coastal areas of the coastal States, and on other affected States, and, in recognition of the national interest in the effective management of the marine, coastal, and human environments—(A) such States and their affected local governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts;(B) the distribution of a portion of the receipts from the leasing of mineral resources of the outer Continental Shelf adjacent to State lands, as provided under section 1337(g) of this title, will provide affected coastal States and localities with funds which may be used for the mitigation of adverse economic and environmental effects related to the development of such resources; and(C) such States, and through such States, affected local governments, are entitled to an opportunity to participate, to the extent consistent with the national interest, in the policy and planning decisions made by the Federal Government relating to exploration for, and development and production of, minerals of the outer Continental Shelf.11 So in original. The period probably should be a semicolon.(5) the rights and responsibilities of all States and, where appropriate, local governments, to preserve and protect their marine, human, and coastal environments through such means as regulation of land, air, and water uses, of safety, and of related development and activity should be considered and recognized; and(6) operations in the outer Continental Shelf should be conducted in a safe manner by well-trained personnel using technology, precautions, and techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstruction to other users of the waters or subsoil and seabed, or other occurrences which may cause damage to the environment or to property, or endanger life or health.(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 NotesAmendments

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).

Notes of Decisions
Cited in 113 cases (10 in the last 5 years), 1961–2025 · leading case: Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (1987).
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Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (1987). · cites it 4× “See 43 U. S. C. § 1332 (3); "(2) That exploration will not significantly restrict subsistence resources; and "(3) That the Secretary continues to possess power to control and shape the off-shore leasing process.”
State v. Bundrant, 546 P.2d 530 (Alaska 1976). · cites it 12× “43 U.S.C.A. § 1332 (a). It is only for "that portion of the subsoil and seabed of the outer Continental Shelf, and artificial islands and fixed structures erected thereon" that the State law applies.”
Shell Offshore, Inc. v. Greenpeace, Inc., 709 F.3d 1281 (9th Cir. 2013). · cites it 2× “11 (1987) (quoting 43 U.S.C. § 1332 (3)), and Shell’s Arctic OCS project is authorized by law.”
Maryland v. Louisiana, 451 U.S. 725 (1981). · cites it 2× “See 43 U. S. C. § 1332 (4) (A) (1976 ed., Supp.”
Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363 (Fed. Cir. 2004). · cites it 2× “The statute states that "the character of the waters above the outer Continental Shelf as high seas and the right to navigation and fishing therein shall not be affected.”
Francis Barker, Jr. v. Hercules Offshore, Inc., et, 713 F.3d 208 (5th Cir. 2013). · cites it 2× “”3 43 U.S.C. § 1332 (1). OCSLA asserts exclusive federal question jurisdiction over the OCS by 2 This is the version of the statute that was in effect when this suit was removed.”
Tennessee Gas Pipeline, Also Known as Tenneco Inc. v. Houston Cas. Ins. Co., 87 F.3d 150 (5th Cir. 1996). · cites it 3× “43 U.S.C. § 1332 (1). . 43 U.S.C. § 1332 (3).”
Sec'y of the Interior v. California, 464 U.S. 312 (1984). · cites it 2× “43 U. S. C. § 1332 (3) (1976 ed., Supp. V).”
Nat. Resources Def. Council, Inc. v. Donald P. Hodel, Sec'y of the Interior, the Am. Petroleum Inst., Intervenors. No. 87-1432, 865 F.2d 288 (D.C. Cir. 1988). · cites it 2× “43 U.S.C. §§ 1332 , 1344. The statute sets only broad standards and leaves much to the Secretary’s discretion in achieving its goals.”
Ctr for Biological Diversity v. Ken Salazar, 683 F.3d 158 (5th Cir. 2012). · cites it 3× “” 43 U.S.C. § 1332 (1). Further, the OCS “is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with the…”
Gulf Restoration Network v. Debra Haaland, 47 F.4th 795 (D.C. Cir. 2022). · cites it 2× “” 43 U.S.C. § 1332 (3). * Circuit Judge, now Justice, Jackson was a member of the panel at the time the case was argued but did not participate in the opinion.”
Hornbeck Offshore Servs., L.L.C. v. Salazar, 713 F.3d 787 (5th Cir. 2013). · cites it 2× “The complaint alleged that the May Directive and the Notice to Lessees were not adequately explained and justified in violation of the Administrative Procedures Act (“APA”), and that in issuing the Directive and the Notice the Secretary exceeded his authority under the Outer…”
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— 43 U.S.C. § 1332(a) — 1 case
United States v. Ray, 423 F.2d 16 (5th Cir. 1970).
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