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

43 U.S.C. § 1348

Enforcement of safety and environmental regulations

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(a) Utilization of Federal departments and agencies

The Secretary, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of the Army shall enforce safety and environmental regulations promulgated pursuant to this subchapter. Each such Federal department may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of other Federal departments and agencies for the enforcement of their respective regulations.

(b) Duties of holders of lease or permitIt shall be the duty of any holder of a lease or permit under this subchapter to—(1) maintain all places of employment within the lease area or within the area covered by such permit in compliance with occupational safety and health standards and, in addition, free from recognized hazards to employees of the lease holder or permit holder or of any contractor or subcontractor operating within such lease area or within the area covered by such permit on the outer Continental Shelf;(2) maintain all operations within such lease area or within the area covered by such permit in compliance with regulations intended to protect persons, property, and the environment on the outer Continental Shelf; and(3) allow prompt access, at the site of any operation subject to safety regulations, to any inspector, and to provide such documents and records which are pertinent to occupational or public health, safety, or environmental protection, as may be requested.(c) Onsite inspection of facilitiesThe Secretary and the Secretary of the Department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations to provide for—(1) scheduled onsite inspection, at least once a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spill­ages, or other major accidents; and(2) periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations.(d) Investigation and report on major fires, oil spills, death, or serious injury(1) The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on each major fire and each major oil spillage occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of lesser oil spillages. For purposes of this subsection, a major oil spillage is any spillage in one instance of more than two hundred barrels of oil during a period of thirty days. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.(2) The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on any death or serious injury occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.(e) Review of allegations of violations

The Secretary, or, in the case of occupational safety and health, the Secretary of the Department in which the Coast Guard is operating, may review any allegation from any person of the existence of a violation of a safety regulation issued under this subchapter.

(f) Summoning of witnesses and production of evidence

In any investigation conducted pursuant to this section, the Secretary or the Secretary of the Department in which the Coast Guard is operating shall have power to summon witnesses and to require the production of books, papers, documents, and any other evidence. Attendance of witnesses or the production of books, papers, documents, or any other evidence shall be compelled by a similar process, as in the district courts of the United States. Such Secretary, or his designee, shall administer all necessary oaths to any witnesses summoned before such investigation.

(Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)Editorial NotesAmendments

1998—Subsec. (g). Pub. L. 105–362 struck out subsec. (g) which read as follows: “The Secretary shall, after consultation with the Secretary of the Department in which the Coast Guard is operating, include in his annual report to the Congress required by section 1343 of this title the number of violations of safety regulations reported or alleged, any investigations undertaken, the results of such investigations, and any administrative or judicial action taken as a result of such investigations, and the results of the diving studies conducted under section 1347(e) of this title.”

Statutory Notes and Related SubsidiariesTransfer 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.

Report and Recommendations by Secretary to Congress for Training Program

Pub. L. 95–372, title VI, § 607, Sept. 18, 1978, 92 Stat. 697, required the Secretary of the Interior, in consultation with the Secretary of the Department in which the Coast Guard is operating, not later than ninety days after Sept. 18, 1978, to prepare and submit to the Congress a training program report concerning individuals employed on any artificial island, installation, or other device located on the Outer Continental Shelf and who, as part of their employment, operate or supervise the operation of pollution-prevention equipment.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1979–2025 · leading case: United States v. Transocean Deepwater Drilling, Inc., 767 F.3d 485 (5th Cir. 2014).
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United States v. Transocean Deepwater Drilling, Inc., 767 F.3d 485 (5th Cir. 2014). · cites it 2× “43 U.S.C. § 1348 (d)(1). There is no dearth of proper investigation to protect public safety.”
United States v. Moss, 872 F.3d 304 (5th Cir. 2017). · cites it 4× “” 43 U.S.C. § 1348 (b). For over 60 years, the federal government did not regulate or prosecute oilfield contractors, as opposed to lessees, permittees, or well operators, under OCSLA.”
In re Wilson Indus., Inc., 886 F.2d 93 (5th Cir. 1989). “He joined three defendants, and pled among other things a cause of action for breach of a federal statutory duty pursuant to 43 U.S.C. § 1348 . Long after the ease commenced, one defendant, Union Oil Company of California, filed a third-party petition against Wilson Industries,…”
Marshall v. Pool Offshore Co., 467 F. Supp. 978 (W.D. La. 1979). · cites it 2× “Title 43 U.S.C. § 1348 (d)(2), 43 U.S.C.A. § 1348 (d)(2), expressly requires the Coast Guard to make an investigation and public report on any death or serious injury occurring as a result of operations conducted under the Act.”
United States v. Black Elk Energy Offshore, 872 F.3d 304 (5th Cir. 2017). · cites it 4× “” 43 U.S.C. § 1348 (b). For over 60 years, the federal government did not regulate or prosecute oilfield contractors, as opposed to lessees, permittees, or well operators, under OCSLA.”
United States v. Black Elk Energy Offshore, No. 16-30561 (5th Cir. Oct. 3, 2017). · cites it 4× “” 43 U.S.C. § 1348 (b). For over 60 years, the federal government did not regulate or prosecute oilfield contractors, as opposed to lessees, permittees, or well operators, under OCSLA.”
State of California v. Kleppe, 604 F.2d 1187 (9th Cir. 1979). “Section 22(c) of the OCSLA, 43 U.S.C.A. § 1348 (c) (West Supp.1979), added by the 1978 amendments, states in part: (c) The Secretary and the Secretary of the Department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations…”
Tolar v. McMoran Offshore Prod. Co., 706 F. Supp. 472 (W.D. La. 1987). “There in no opposition to the PMC/RIC motion. Plaintiff opposes, however, McMo-ran’s motion contending the OCSLA provisions requiring the leaseholder to maintain all places of employment free from recognized hazards, 43 U.”
Warner v. Talos E R T L L C, No. 2:18-cv-01435 (W.D. La. Feb. 22, 2022). “Report Background Pursuant to the Outer Continental Shelf Lands Act, 43 U.S.C. § 1348 (d), and applicable regulations, the Bureau of Safety and Environmental Enforcement (“BSEE”) is authorized to regulate oil and gas exploration, production, and development operations on the…”
Warner v. Talos E R T L L C, No. 2:18-cv-01435 (W.D. La. Feb. 22, 2022). “Liability Experts Pursuant to the Outer Continental Shelf Lands Act, 43 U.S.C. § 1348 (d), and applicable regulations, the Bureau of Safety and Environmental Enforcement (“BSEE”) is authorized to regulate oil and gas exploration, production, and development operations on 1 The…”
Warner v. Talos E R T L L C, No. 2:18-cv-01435 (W.D. La. Feb. 22, 2022). “Pursuant to OCSLA, 43 U.S.C. § 1348 (d), and applicable regulations, the Bureau of Safety and Environmental Enforcement (“BSEE”) is authorized to regulate oil and gas exploration, production, and development operations on the Outer Continental Shelf.”
Medco Energi U S L L C v. Haaland, No. 2:23-cv-01755 (W.D. La. Feb. 26, 2025). “43 U.S.C. § 1348 (c). BSEE’s regulations implementing OCSLA define the term “facility” in multiple contexts.”
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