§ 1336. — Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1336]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1336. Controversies over jurisdiction; agreements;
payments; final settlement or adjudication; approval of notice
concerning oil and gas operations in Gulf of Mexico
In the event of a controversy between the United States and a State
as to whether or not lands are subject to the provisions of this
subchapter, the Secretary is authorized, notwithstanding the provisions
of section 1335(a) and (b) of this title and with the concurrence of the
Attorney General of the United States, to negotiate and enter into
agreements with the State, its political subdivision or grantee or a
lessee thereof, respecting operations under existing mineral leases and
payment and impounding of rents, royalties, and other sums payable
thereunder, or with the State, its political subdivision or grantee,
respecting the issuance or nonissuance of new mineral leases pending the
settlement or adjudication of the controversy. The authorization
contained in the preceding sentence of this section shall not be
construed to be a limitation upon the authority conferred on the
Secretary in other sections of this subchapter. Payments made pursuant
to such agreement, or pursuant to any stipulation between the United
States and a State, shall be considered as compliance with section
1335(a)(4) of this title. Upon the termination of such agreement or
stipulation by reason of the final settlement or adjudication of such
controversy, if the lands subject to any mineral lease are determined to
be in whole or in part lands subject to the provisions of this
subchapter, the lessee, if he has not already done so, shall comply with
the requirements of section 1335(a) of this title, and thereupon the
provisions of section 1335(b) of this title shall govern such lease. The
notice concerning ``Oil and Gas Operations in the Submerged Coastal
Lands of the Gulf of Mexico'' issued by the Secretary on December 11,
1950 (15 F.R. 8835), as amended by the notice dated January 26, 1951 (16
F.R. 953), and as supplemented by the notices dated February 2, 1951 (16
F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. 3623),
June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), October
24, 1951 (16 F.R. 10998), December 21, 1951 (17 F.R. 43), March 25, 1952
(17 F.R. 2821), June 26, 1952 (17 F.R. 5833), and December 24, 1952 (18
F.R. 48), respectively, is approved and confirmed.
(Aug. 7, 1953, ch. 345, Sec. 7, 67 Stat. 467.)
Transfer of Functions
Functions of Secretary of the Interior to promulgate regulations
under this subchapter which relate to fostering of competition for
Federal leases, implementation of alternative bidding systems authorized
for award of Federal leases, establishment of diligence requirements for
operations conducted on Federal leases, setting of rates for production
of Federal leases, and specifying of procedures, terms, and conditions
for acquisition and disposition of Federal royalty interests taken in
kind, transferred to Secretary of Energy by section 7152(b) of Title 42,
The Public Health and Welfare. Section 7152(b) of Title 42 was repealed
by Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407, and
functions of Secretary of Energy returned to Secretary of the Interior.
See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.
Section Referred to in Other Sections
This section is referred to in sections 1335, 1337, 1353 of this
title.
