lake or river in Wisconsin as originally surveyed and the meander line of that lake or river as subsequently resurveyed, has been held in good faith and in peaceful, adverse possession by a person, or his predecessors in interest, who had been issued a patent, prior to January 21, 1953, for lands lying along the meander line as originally determined, the Secretary of the Interior shall cause a patent to be issued to such person for such land upon the payment of the same price per acre as that at which the land included in the original patent was purchased and upon the same terms and conditions. All persons seeking to purchase lands under sections 1221-1223 of this title shall make application to the Secretary within one year from August 24, 1954, or from the date of the official filing of the plat or resurvey, whichever is later, and the Secretary of the Interior shall cause no patents to be issued for land lying between the original meander line and the resurveyed meander line until the conclusion of such periods. (Aug. 24, 1954, ch. 900, § 1, 68 Stat. 789.) § 1222. Notice of opening of lands to purchase. Upon the filing of a plat of resurvey under section 1221 of this title the Secretary shall give such notice as he finds appropriate by newspaper publication or otherwise of the opening of the lands to purchase under sections 1221-1223 of this title. (Aug. 24, 1954, ch. 900, § 2, 68 Stat. 790.) § 1223. Valid existing rights unaffected. Nothing in sections 1221-1223 of this title shall affect valid existing rights. (Aug. 24, 1954, ch. 900, § 3, 68 Stat. 790.) MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS BY SECRETARY OF INTERIOR § 1231. Payment of moving expenses to owners and tenants of lands acquired for developments; limitation on amount; application for payment. The Secretary of the Interior is authorized, to the extent administratively determined by him to be fair and reasonable, to reimburse the owners and tenants of lands acquired for the construction, operation, or maintenance of developments under his jurisdiction for expenses and other losses and damages incurred by them in the process and as a direct result of such moving of themselves, their families, and their possessions as is occasioned by said acquisition, which reimbursement shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law: Provided, That the total of such reimbursement to the owners and tenants of any parcel of land shall in no event exceed 25 per centum of its fair value, as determined by the Secretary. No payment under sections 1231-1234 of this title shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages incurred, is submitted to the Secretary within one year from the date upon which the premises involved are vacated or, in the case of lands acquired and vacated prior to May 29, 1958 but after July 14, 1952, within one year from May 29, 1958. (Pub. L. 85-433, § 1, May 29, 1958, 72 Stat. 152.) § 1232. Administration; rules and regulations; exemption from Administrative Procedure Act. The Secretary may perform any and all acts and make such rules and regulations as he finds necessary and proper for the purpose of carrying out the provisions of sections 1231-1234 of this title. All functions performed under this Act shall be exempt from the operation of sections 1001-1011 of Title 5, except as to the requirements of section 1002 of Title 5. (Pub. L. 85-433, § 2, May 29, 1958, 72 Stat. 152.) § 1233. Definitions. As used in sections 1231-1234 of this title, the term "lands" shall include interests in land; the term "acquisition” and its cognates shall include the exercise of a right-of-way upon lands subject thereto under section 945 of this title; and the term "fair value" shall, in the case of interests in land and of rights-of-way under section 945 of this title, mean a fair value of the interest acquired or of the right-of-way occupied. (Pub. L. 85-433, § 3, May 29, 1958, 72 Stat. 152.) § 1234. Availability of appropriations. Funds appropriated for the construction, operation, or maintenance of developments under the jurisdiction of the Secretary shall also be available for carrying out the provisions of sections 12311234 of this title. (Pub. L. 85-433, § 4, May 29, 1958, 72 Stat. 152.) WATERS WITHIN STATE BOUNDARIES 1311. Rights of the States (a) Confirmation and establishment of title and ownership of lands and resources; management, administration, leasing, development, and use. (b) Release and relinquishment of title and (c) Leases in effect on June 5, 1950. (e) Ground and surface waters west of the 98th 1312. Seaward boundaries of States. 1313. Exceptions from confirmation and establishment of States' title, power and rights. 1314. Rights and powers retained by the United States; purchase of natural resources; condemnation of lands. 1315. Rights acquired under laws of the United States Sec. 1333. Laws and regulations governing lands.-Continued. (d) Applicability of National Labor Relations Act. (e) Coast Guard regulations; marking of islands and structures; offenses and penalties. (1) Prevention of obstruction to navigation by Secretary of the Army. (g) Provisions as non-exclusive. 1334. Administration of leasing. (a) Rules and regulations; amendment; cooperation with State agencies; violations and penalties; compliance with regulations as condition of lease. (b) Cancellation of lease; judicial review. (c) Pipeline rights-of-way; forfeiture of grant. 1335. Validation and maintenance of prior leases. (a) Requirements for validation. (b) Conduct of operations under lease; sulphur (c) Non-waiver of United States claims. 1336. Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico. 1337. Grant of leases by Secretary. 1337. (a) Oil and gas leases; award to highest bidder; method of bidding. (b) Terms and provisions of oil and gas leases. (c) Sulphur leases; award to highest bidder; method of bidding. (1) Judicial review of cancellation of lease; petition within sixty days. 1338. Disposition of revenues. (a) Withdrawal of unleased lands by President. (d) National defense areas; suspension of opera- (e) Source materials essential to production of fissionable materials. (f) Helium ownership; rules and regulations governing extraction. 1342. Prior claims as unaffected. 1343. Annual report by Secretary to Congress. SUBCHAPTER I.-GENERAL PROVISIONS § 1301. Definitions. When used in this chapter (a) The term "lands beneath navigable waters" 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 acquired 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 covered by tidal waters up to but not above the line 36-500 0-65-vol. 957 of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary 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 seaward (or into the Gulf of Mexico) beyond three geographical miles, and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; (b) The term "boundaries" includes the seaward 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; (c) The term "coast line" means the line of ordinary 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 waters; (d) The terms "grantees" and "lessees" include (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 constitution, 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 conferring 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 include 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 public lands of the United States if such streams were not meandered in connection with the public 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 political subdivision of a State, or a private, public, or municipal corporation. (May 22, 1953, ch. 65, title I, § 2, 67 Stat. 29.) SHORT TITLE Congress in enacting this chapter provided by section 1 of act May 22, 1953 that it should be popularly known as the "Submerged Lands Act." SEPARABILITY OF PROVISIONS Section 11 of act May 22, 1953, provided that: "If any provision of this Act [chapter], or any section, subsection, 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 [chapter] and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected 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) (8), (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 provisions shall not be affected thereby." NAVAL PETROLEUM RESERVE Section 10 of act May 22, 1953, revoked Ex. Ord. No. 10426, Jan. 16, 1953, 18 F. R. 405, "insofar as it applies to any lands beneath navigable waters 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 respect thereto from the Secretary of the Interior to the Secretary of the Navy. APPLICATION TO STATE OF ALASKA Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon 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. Applicability 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. APPLICATION TO STATE OF HAWAII Applicability of this chapter to the State of Hawail, see section 5(1) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 6. set out as a note preceding section 491 of Title 48, Territories and Insular Possessions. § 1302. Resources seaward of the Continental Shelf. Nothing in this chapter 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. Sections not affected. Nothing in this chapter 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 supplementary thereto. (May 22, 1953, ch. 65, title II, § 7, 67 Stat. 32.) REFERENCES IN TEXT Act July 26, 1866, referred to in the text, is classified to sections 661, 766 and 932 of this title, and sections 43, 46, 47, and 51 of Title 30, Mineral Lands and Mining. Act July 9, 1870, referred to in the text, is classified to sections 35, 36, 38, and 52 of Title 30. Act March 3, 1877, referred to in the text, is classified to sections 321-323, 325, 327, 328, and 329 of this title. Act June 17, 1902, is classified to sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421, 431, 432, 434, 439, 461, 491, and 498 of this title, and section 485 of Title 5, Executive Departments and Government Officers and Employees. Act December 22, 1944, referred to in the text, is classified to sections 460d and 825s of Title 16, Conservation, and sections 701-1, 701a-1, 701b-1, 708, and 709 of Title 33, Navigation and Navigable Waters. SUBCHAPTER II.-LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES § 1311. Rights of the States. (a) Confirmation and establishment of title and ownership of lands and resources; management, administration, leasing, development, and use. It is determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable State law be, and they are, subject to the provisions 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 respective grantees, lessees, or successors in interest 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 relinquishes 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 subject to the control of any of them or to the control of the United States on May 22, 1953, except that portion of such moneys which (1) is required to be returned to a lessee; or (2) is deductible 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 recognized, 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 effect 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 authorized by the laws of the State issuing, or whose grantee issued such lease: Provided, however, That, if oil or gas was not being produced from such lease on and before December 11, 1950, or if the primary term of such lease has expired since December 11, 1950, then for a term from May 22, 1953 equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued, such lease: Provided, however, That within ninety days from May 22, 1953 (i) the lessee shall pay to the State or its grantee issuing such lease all rents, royalties, and other sums payable between June 5, 1950, and May 22, 1953, under such lease and the laws of the State issuing or whose grantee issued such lease, except such rents, royalties, and other sums as have been paid to the State, its grantee, the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States and not refunded to the lessee; and (ii) the lessee shall file with the Secretary of the Interior or the Secretary of the Navy and with the State issuing or whose grantee issued such lease, instruments consenting to the payment by the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States to the State or its grantee issuing the lease, of all rents, royalties, and other payments under the control of the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States or the United States which have been paid, under the lease, except such rentals, royalties, and other payments as have also been paid by the lessee to the State or its grantee; (d) Authority and rights of the United States respecting navigation, flood control and production of power. Nothing in this chapter shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of said lands and waters for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control, or the production of power; (e) Ground and surface waters west of the 98th meridian. Nothing in this chapter shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninetyeighth meridian, relating to the ownership and control of ground and surface waters; and the control, appropriation, use, and distribution of such waters shall continue to be in accordance with the laws of such States. (May 22, 1953, ch. 65, title II, § 3, 67 Stat. 30.) SEPARABILITY OF PROVISIONS Provisions of this section as separable, see note set out under section 1301 of this title. § 1312. Seaward boundaries of States. The seaward boundary of each original coastal State is approved and confirmed as a line three geographical miles distant from its coast line or, in the case of the Great Lakes, to the international boundary. Any State admitted subsequent to the formation of the Union which has not already done so may extend its seaward boundaries to a line three geographical miles distant from its coast line, or to the international boundaries of the United States in the Great Lakes or any other body of water traversed by such boundaries. Any claim heretofore or hereafter asserted either by constitutional provision, statute, or otherwise, indicating the intent of a State so to extend its boundaries is approved and confirmed, without prejudice to its claim, if any it has, that its boundaries extend beyond that line. Nothing in this section is to be construed as questioning or in any manner prejudicing the existence of any State's seaward boundary beyond three geographical miles if it was so provided by its constitution or laws prior to or at the time such State became a member of the Union, or if it has been heretofore approved by Congress. (May 22, 1953, ch. 65, title II, § 4, 67 Stat. 31.) § 1313. Exceptions from confirmation and establishment of States' title, power and rights. There is excepted from the operation of section 1311 of this title (a) all tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands underlying the marginal sea); all lands acquired by the United States by eminent domain proceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United States for its own use; and any rights the United States has in lands presently and actually occupied by the United States under claim of right; (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual Indians; and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude. (May 22, 1953, ch. 65, title II, § 5, 67 Stat. 32.) § 1314. Rights and powers retained by the United States; purchase of natural resources; condemnation of lands. (a) The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically recognized, confirmed, established, and vested in and assigned to the respective States and others by section 1311 of this title. (b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) § 1315. Rights acquired under laws of the United States unaffected. Nothing contained in this chapter shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this chapter and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this chapter is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this chapter, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this chapter. (May 22, 1953, ch. 65, title II, § 8, 67 Stat. 32.) SUBCHAPTER III.—OUTER CONTINENTAL SHELF LANDS CODIFICATION This subchapter was not enacted as part of the Submerged Lands Act, which comprises subchapters I and II of this chapter. CROSS REFERENCES Fair Labor Standards Act of 1938, applicability of, see section 213 (f) of Title 29, Labor. § 1331. Definitions. When used in this subchapter (a) The term "outer Continental Shelf" means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control; (b) The term "Secretary" means the Secretary of the Interior; (c) The term "mineral lease" means any form of authorization for the exploration for, or development or removal of deposits of, oil, gas, or other minerals; and (d) The term "person" includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation. (Aug. 7, 1953, ch. 345, § 2, 67 Stat. 462.) SHORT TITLE Congress in enacting this subchapter provided by section 1 of act Aug. 7, 1953, that it should be popularly known as the "Outer Continental Shelf Lands Act." SEPARABILITY OF PROVISIONS Section 17 of act Aug. 7, 1953, provided that: "If any provision of this Act [subchapter], 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 [subchapter] and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby." NAVAL PETROLEUM RESERVE Section 13 of act Aug. 7, 1953, revoked Ex. Ord. No. 10426, Jan. 16, 1953, 18 F. R. 405, which had set aside certain submerged lands as a naval petroleum reserve and had transferred functions with respect thereto from the Secretary of the Interior to the Secretary of the Navy. APPROPRIATIONS Section 16 of act Aug. 7, 1953, provided that: "There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [subchapter]." § 1332. Congressional declaration of policy; jurisdiction; construction. (a) It is declared to be the policy of the United States that 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. (b) This subchapter shall be construed in such manner that the character as high seas of the waters above the outer Continental Shelf and the right to navigation and fishing therein shall not be affected. (Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462.) § 1333. Laws and regulations governing lands. (a) Constitution and United States laws; laws of adjacent States; publication of projected State lines; 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 fixed structures which may be erected thereon for the purpose of exploring for, developing, removing, and transporting resources therefrom, 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) 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 as of the effective date of this subchapter 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. (3) The provisions of this section for adoption of State law as the law of the United States shall never |