Definitions

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 or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and does not include any area conveyed by Congress to a territorial government for administration; The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. The term “lease” means any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes exploration for, and development and production of, minerals. 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. The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States, pursuant to the authority of section 1454(b)(1) 11 See References in Text note below. of title 16. the laws of which are declared, pursuant to section 1333(a)(2) of this title, to be the law of the United States for the portion of the outer Continental Shelf on which such activity is, or is proposed to be, conducted; which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in section 1333(a)(1) of this title; which is receiving, or in accordnace 22 So in original. Probably should be “accordance”. with the proposed activity will receive, oil for processing, refining, or transshipment which was extracted from the outer Continental Shelf and transported directly to such State by means of vessels or by a combination of means including vessels; which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on the outer Continental Shelf; or in which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oilspill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities. The term “marine environment” means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the outer Continental Shelf. The term “coastal environment” means the physical atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone. The term “human environment” means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the outer Continental Shelf. The term “Governor” means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to such Governor pursuant to this subchapter. The term “exploration” means the process of searching for minerals, including (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with development and production. The term “development” means those activities which take place following discovery of minerals in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered. The term “production” means those activities which take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and work-over drilling. the Sherman Act (15 U.S.C. 1 et seq.); the Clayton Act (15 U.S.C. 12 et seq.); the Federal Trade Commission Act (15 U.S.C. 41 et seq.); the Wilson Tariff Act (15 U.S.C. 8 et seq.); or the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a). The term “fair market value” means the value of any mineral (1) computed at a unit price equivalent to the average unit price at which such mineral was sold pursuant to a lease during the period for which any royalty or net profit share is accrued or reserved to the United States pursuant to such lease, or (2) if there were no such sales, or if the Secretary finds that there were an insufficient number of such sales to equitably determine such value, computed at the average unit price at which such mineral was sold pursuant to other leases in the same region of the outer Continental Shelf during such period, or (3) if there were no sales of such mineral from such region during such period, or if the Secretary finds that there are an insufficient number of such sales to equitably determine such value, at an appropriate price determined by the Secretary. The term “major Federal action” means any action or proposal by the Secretary which is subject to the provisions of section 4332(2)(C) of title 42. The term “minerals” includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 1702 of this title; and 33 So in original. Probably should be “title.” has been captured; and carbon dioxide plus incidental associated substances derived from the source material or capture process; and any substances added to the stream for the purpose of enabling or improving the injection process. The term “carbon dioxide stream” does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. The term “carbon sequestration” means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere. each of the several States; the Commonwealth of Puerto Rico; Guam; American Samoa; the United States Virgin Islands; and the Commonwealth of the Northern Mariana Islands. Notwithstanding the 2024–2029 National Outer Continental Shelf Oil and Gas Leasing Program (and any successor leasing program that does not satisfy the requirements of this section), in addition to lease sales which may be held under that program, and except within areas subject to existing oil and gas leasing moratoria, the Secretary of the Interior shall conduct a minimum of 30 region-wide oil and gas lease sales, in a manner consistent with the schedule described in subparagraph (B), in the region identified in the map depicting lease terms and economic conditions accompanying the final notice of sale of the Bureau of Ocean Energy Management entitled ‘Gulf of Mexico Outer Continental Shelf Region-Wide Oil and Gas Lease Sale 254’ (85 Fed. Reg. 8010 (February 12, 2020)). hold not fewer than 1 lease sale in the region described in subparagraph (A) by December 15, 2025; hold not fewer than 2 lease sales in that region in each of calendar years 2026 through 2039, 1 of which shall be held by March 15 of the applicable calendar year and 1 of which shall be held after March 15 but not later than August 15 of the applicable calendar year; and hold not fewer than 1 lease sale in that region in calendar year 2040, which shall be held by March 15, 2040. The Secretary of the Interior shall conduct a minimum of 6 offshore lease sales, in a manner consistent with the schedule described in subparagraph (B), in the Cook Inlet Planning Area as identified in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, by the Bureau of Ocean Energy Management (as announced in the notice of availability of the Bureau of Ocean Energy Management entitled ‘Notice of Availability of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program’ (81 Fed. Reg. 84612 (November 23, 2016))). Of the not fewer than 6 lease sales required under this paragraph, the Secretary of the Interior shall hold not fewer than 1 lease sale in the area described in subparagraph (A) in each of calendar years 2026 through 2028, and in each of calendar years 2030 through 2032, by March 15 of the applicable calendar year. shall, subject to subparagraph (C), offer the same lease form, lease terms, economic conditions, and lease stipulations 4 through 9 as contained in the final notice of sale of the Bureau of Ocean Energy Management entitled ‘Gulf of Mexico Outer Continental Shelf Region-Wide Oil and Gas Lease Sale 254’ (85 Fed. Reg. 8010 (February 12, 2020)); may update lease stipulations 1 through 3 and 10 described in that final notice of sale to reflect current conditions for lease sales conducted under subsection (a)(1); shall set the royalty rate at not less than 12½ percent but not greater than 16⅔ percent; and shall, for a lease in water depths of 800 meters or deeper issued as a result of a sale, set the primary term for 10 years. In conducting lease sales under subsection (a)(2), the Secretary of the Interior shall offer the same lease form, lease terms, economic conditions, and stipulations as contained in the final notice of sale of the Bureau of Ocean Energy Management entitled ‘Cook Inlet Planning Area Outer Continental Shelf Oil and Gas Lease Sale 244’ (82 Fed. Reg. 23291 (May 22, 2017)). 70 percent shall be paid to the State of Alaska; and 30 percent shall be deposited in the Treasury and credited to miscellaneous receipts. offer not fewer than 80,000,000 acres; or if there are fewer than 80,000,000 acres that are unleased and available, offer all unleased and available acres. offer not fewer than 1,000,000 acres; or if there are fewer than 1,000,000 acres that are unleased and available, offer all unleased and available acres. could not be conducted by the operator in a safe manner; or would result in an ultimate recovery from the applicable reservoirs to be reduced in comparison to the expected recovery of those reservoirs if they had not been commingled.” “This title may be cited as the ‘Gulf of Mexico Energy Security Act of 2006’. The term ‘181 Area’ means the area identified in map 15, page 58, of the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Management Service, available in the Office of the Director of the Minerals Management Service, excluding the area offered in OCS Lease Sale 181, held on December 5, 2001. south of the 181 Area; west of the Military Mission Line; and in the Central Planning Area; excluded from the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002, dated August 1996, of the Minerals Management Service; and included in the areas considered for oil and gas leasing, as identified in map 8, page 37 of the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. a bonus bid for a lease on the outer Continental Shelf; or a royalty due on oil or gas production from any lease located on the outer Continental Shelf. The term ‘Central Planning Area’ means the Central Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. The term ‘Eastern Planning Area’ means the Eastern Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled ‘Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007–2012’, dated February 2006. the Eastern Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; the Central Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; or the Western Planning Area, as designated in the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program 2002–2007, dated April 2002, of the Minerals Management Service; and an area in which no funds may be expended to conduct offshore preleasing, leasing, and related activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54; 119 Stat. 521) (as in effect on August 2, 2005); an area withdrawn from leasing under the ‘Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition’, from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998; or the 181 Area or 181 South Area. The term ‘Gulf producing State’ means each of the States of Alabama, Louisiana, Mississippi, and Texas. The term ‘Military Mission Line’ means the north-south line at 86°41′ W. longitude. areas in the 181 Area located in the Eastern Planning Area; and the 181 South Area; and the 181 Area; the 181 South Area; and the 2002–2007 planning area. revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the Gulf producing State as of the date of enactment of this Act [Dec. 20, 2006]; and not more than 200 nautical miles from the geographic center of any leased tract. The term ‘Secretary’ means the Secretary of the Interior. Except as provided in section 104, the Secretary shall offer the 181 Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as practicable, but not later than 1 year, after the date of enactment of this Act [Dec. 20, 2006]. The Secretary shall offer the 181 South Area for oil and gas leasing pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as practicable after the date of enactment of this Act [Dec. 20, 2006]. The 181 Area and 181 South Area shall be offered for lease under this section notwithstanding the omission of the 181 Area or the 181 South Area from any outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344). any area east of the Military Mission Line in the Gulf of Mexico; any area in the Eastern Planning Area that is within 125 miles of the coastline of the State of Florida; or the 181 Area; and 100 miles of the coastline of the State of Florida; or outside the 181 Area; east of the western edge of the Pensacola Official Protraction Diagram (UTM X coordinate 1,393,920 (NAD 27 feet)); and within 100 miles of the coastline of the State of Florida. Notwithstanding subsection (a), the United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). The Secretary shall permit any person that, as of the date of enactment of this Act [Dec. 20, 2006], has entered into an oil or gas lease with the Secretary in any area described in paragraph (2) or (3) of subsection (a) to exchange the lease for a bonus or royalty credit that may only be used in the Gulf of Mexico. the amount of the bonus bid; and any rental paid for the lease as of the date the lessee notifies the Secretary of the decision to exchange the lease. No bonus or royalty credit may be used under this subsection in lieu of any payment due under, or to acquire any interest in, a lease subject to the revenue distribution provisions of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). notification to the Secretary of a decision to exchange an eligible lease; issuance of bonus or royalty credits in exchange for relinquishment of the existing lease; transfer of the bonus or royalty credit to any other person; and determining the proper allocation of bonus or royalty credits to each lease interest owner. 50 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; and 75 percent to Gulf producing States in accordance with subsection (b); and 25 percent to provide financial assistance to States in accordance with section 200305 of title 54, United States Code, which shall be considered income to the Land and Water Conservation Fund for purposes of section 200302 of that title. Subject to subparagraph (B), effective for each of fiscal years 2007 through 2016, the amount made available under subsection (a)(2)(A) shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. The amount allocated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). the amount made available under subsection (a)(2)(A) from any lease entered into within the 181 Area or the 181 South Area shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and the amount made available under subsection (a)(2)(A) from any lease entered into within the 2002–2007 planning area shall be allocated to each Gulf producing State in amounts that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of each historical lease site and the geographic center of the historical lease site, as determined by the Secretary. The amount allocated to a Gulf producing State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A). Subject to clause (ii), for purposes of subparagraph (A)(ii), the historical lease sites in the 2002–2007 planning area shall include all leases entered into by the Secretary for an area in the Gulf of Mexico during the period beginning on October 1, 1982 (or an earlier date if practicable, as determined by the Secretary), and ending on December 31, 2015. Effective January 1, 2022, and every 5 years thereafter, the ending date described in clause (i) shall be extended for an additional 5 calendar years. The Secretary shall pay 20 percent of the allocable share of each Gulf producing State, as determined under paragraphs (1) and (2), to the coastal political subdivisions of the Gulf producing State. The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)). The amounts required to be deposited under paragraph (2) of subsection (a) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. Mitigation of damage to fish, wildlife, or natural resources. Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. Planning assistance and the administrative costs of complying with this section. Not more than 3 percent of amounts received by a Gulf producing State or coastal political subdivision under subsection (b) may be used for the purposes described in paragraph (1)(E). be made available, without further appropriation, in accordance with this section; remain available until expended; and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); chapter 2003 of title 54, United States Code; or any other provision of law. $500,000,000 for each of fiscal years 2016 through 2019; $650,000,000 for each of fiscal years 2020 and 2021; $500,000,000 for each of fiscal years 2022 through 2024; $650,000,000 for each of fiscal years 2025 through 2034; and $500,000,000 for each of fiscal years 2035 through 2055. For the purpose of paragraph (1), for each of fiscal years 2016 through 2055, expenditures under subsection (a)(2) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. the Secretary shall reduce the amount of qualified outer Continental Shelf revenue provided to each recipient on a pro rata basis; and any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.” In this subchapter: The term “outer Continental Shelf” means— The term “affected State” means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of this subchapter, any State— The term “antitrust law” means— The term “carbon dioxide stream” means carbon dioxide that— consists overwhelmingly of— 55 So in original. Another subsec. (r) is set out following subsec. (q). The term “State” means— Of the not fewer than 30 region-wide lease sales required under this paragraph, the Secretary of the Interior shall— In conducting lease sales under subsection (a)(1), the Secretary of the Interior— Notwithstanding section 8(g) and section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g), 1338), and beginning in fiscal year 2034, of the bonuses, rents, royalties, and other revenues derived from lease sales conducted under subsection (a)(2)— For each offshore lease sale conducted under subsection (a)(1), the Secretary of the Interior shall— For each offshore lease sale conducted under subsection (a)(2), the Secretary of the Interior shall— The Secretary of the Interior shall approve a request of an operator to commingle oil or gas production from multiple reservoirs within a single wellbore completed on the outer Continental Shelf in the Gulf of America Region unless the Secretary of the Interior determines that conclusive evidence establishes that the commingling— “In this title: The term ‘181 South Area’ means any area— located— The term ‘bonus or royalty credit’ means a legal instrument or other written documentation, or an entry in an account managed by the Secretary, that may be used in lieu of any other monetary payment for— The term ‘2002–2007 planning area’ means any area— located in— not located in— The term ‘qualified outer Continental Shelf revenues’ means— in the case of each of fiscal years 2007 through 2016, all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act [Dec. 20, 2006] for— in the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after the date of enactment of this Act for— The term ‘qualified outer Continental Shelf revenues’ does not include— The term ‘coastal political subdivision’ means a political subdivision of a Gulf producing State any part of which political subdivision is— Effective during the period beginning on the date of enactment of this Act [Dec. 20, 2006] and ending on June 30, 2022, the Secretary shall not offer for leasing, preleasing, or any related activity— any area in the Central Planning Area that is— within— The amount of the bonus or royalty credit for a lease to be exchanged shall be equal to— Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations that shall provide a process for— Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit— 50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse— Subject to subparagraphs (B) and (C), effective for fiscal year 2017 and each fiscal year thereafter— Subject to paragraph (2), each Gulf producing State and coastal political subdivision shall use all amounts received under subsection (b) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: Amounts made available under subsection (a)(2) shall— be in addition to any amounts appropriated under— Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed— If paragraph (1) limits the amount of qualified outer Continental Shelf revenue that would be paid under subparagraphs (A) and (B) of subsection (a)(2)— (Source: (Aug. 7, 1953, ch. 345, § 2, 67 Stat. 462; Pub. L. 95–372, title II, § 201, Sept. 18, 1978, 92 Stat. 632; Pub. L. 117–58, div. D, title III, § 40307(a), Nov. 15, 2021, 135 Stat. 1002; Pub. L. 117–169, title V, § 50251(b)(1)(A), Aug. 16, 2022, 136 Stat. 2054.))