OUTER CONTINENTAL SHELF LANDS ACT

LEGISLATIVE TITLE: Outer Continental Shelf Lands Act

UNITED STATES CODE CITATION: 43 U.S.C. 1331 et seq; 43 U.S.C. 1801 et seq

OTHER TITLES AND POPULAR NAMES: None identified.

SUMMARY: The Act establishes policy for the management and exploitation of oil and natural gas in the Outer Continental Shelf, and for protecting the marine and coastal environment, in part, by creating an oil spill liability fund. The authority for the Secretary of the Army to prevent obstructions to navigation in navigable waters of the United States is extended to artificial islands and fixed structures located on the outer continental shelf (43 U.S.C. 1333(e)). In addition, the Secretary of Interior may, by agreement, utilize, with or without reimbursement, the services, personnel, or facilities of any Federal agency for environmental studies or information for assessment of management of impacts on the environment or impacts on marine biota from pollution or large spills. Federal agencies must notify the Department of Interior regarding their activities that will have a direct and significant effect on the Outer Continental Shelf or its development (43 U.S.C. 1334(h)).

43 U.S.C. 1337(k) was amended by Public Law 103-426 by authorizing the Secretary of the Interior to negotiate agreements for the use of sand, gravel and shell resources from the Outer Continental Shelf for use in 1) shore protection, beach restoration or coastal wetlands restoration programs or projects undertaken by a Federal, State or local government entity, or 2) a construction project that is funded in whole or in part by or authorized by the Federal Government. The Secretary may assess a fee based on an assessment of the value of the resources and the public interest served by promoting development of the resources. The amendment requires any Federal agency proposing to make use of sand, gravel and shell resources under provisions of this Act to enter into an MOA with the Secretary concerning the potential use of those resources; and Secretary of the Interior to notify the House Committee on Merchant Marine and Fisheries, the House Committee on Natural Resources, and the Senate Committee on Energy and Natural Resources.

RESOURCES COVERED: Natural resources in the subsoil and seabed of the coastal zone; oil, gas and minerals; fish and wildlife.

COMPLIANCE REQUIREMENTS: The Department of Interior oversees Outer Continental Shelf resources, and the Corps must develop a memorandum of Agreement with the Minerals Management Agency for coastal projects that have borrow areas extending beyond the three-mile limit.

REVIEW AND CONSULTATION REQUIREMENTS

Who Reviews or Consults: Department of Interior (Minerals Management Agency)

Process: None specified.

Product: None specified.

Timing/Schedule: None specified

CORPS GUIDANCE

Civil Works Planning: None specific to this statute.

Civil Works Engineering: None specific to this statute.

Civil Works Construction: None specific to this statute.

Civil Works Operations: None specific to this statute.

Regulatory: 33 C.F.R 320 and 322

FOR MORE INFORMATION SEE: The Submerged Land Act

IMPLEMENTING GUIDANCE OF OTHER AGENCIES

Agency: Department of the Interior, Department of Energy

Guidance Title: None identified

Code of Federal Regulations Citation: None.

MANAGEMENT OPPORTUNITIES: None identified.