Title 43Public LandsRelease 119-73

§1356b Transboundary hydrocarbon agreements

Title 43 › Chapter CHAPTER 29— - SUBMERGED LANDS › Subchapter SUBCHAPTER III— - OUTER CONTINENTAL SHELF LANDS › § 1356b

Last updated Apr 6, 2026|Official source

Summary

After December 26, 2013, the Secretary may carry out any transboundary hydrocarbon agreement the President made and Congress approved for oil and gas reservoirs that cross international borders. When doing so, the Secretary must protect U.S. interests, help create domestic jobs, and make sure development and conservation of Outer Continental Shelf resources happen quickly, orderly, and under all U.S. laws that apply to exploration, development, and production. If all parties agree and the President says the agreement is not a treaty, the Secretary must send it within 180 days to the Speaker of the House, the Senate Majority Leader, the chair of the House Natural Resources Committee, and the chair of the Senate Energy and Natural Resources Committee. The package must show any law changes needed, the economic effects on U.S. Outer Continental Shelf oil and gas activity, and the likely regulations to be issued. The Secretary may also carry out the Agreement between the United States and Mexico signed at Los Cabos on February 20, 2012, by approving unitization deals, sharing confidential information in limited ways, following expert decisions, and limiting stop-work authority to proper inspection staff. The Secretary may not enter talks with Cuba about Gulf activities along the U.S.‑Cuba border or the area called the “Eastern Gap,” and nothing here changes U.S. sovereign rights over the Outer Continental Shelf.

Full Legal Text

Title 43, §1356b

Public Lands — Source: USLM XML via OLRC

(a)After December 26, 2013, the Secretary may implement the terms of any transboundary hydrocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States to promote domestic job creation and ensure the expeditious and orderly development and conservation of domestic mineral resources in accordance with all applicable United States laws governing the exploration, development, and production of hydrocarbon resources on the Outer Continental Shelf.
(b)(1)No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to—
(A)the Speaker of the House of Representatives;
(B)the Majority Leader of the Senate;
(C)the Chair of the Committee on Natural Resources of the House of Representatives; and
(D)the Chair of the Committee on Energy and Natural Resources of the Senate.
(2)The submission shall include—
(A)any amendments to this subchapter or other Federal law necessary to implement the agreement;
(B)an analysis of the economic impacts such agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the Outer Continental Shelf; and
(C)a detailed description of any regulations expected to be issued by the Secretary to implement the agreement.
(c)The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, including—
(1)approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures;
(2)making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law;
(3)taking actions consistent with an expert determination under the agreement; and
(4)ensuring only appropriate inspection staff at the Bureau of Safety and Environmental Enforcement or other Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily attached to the seabed of the United States that may be erected thereon for the purpose of resource exploration, development or production activities as approved by the Secretary.
(d)Nothing in this section shall be construed—
(1)to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the “Eastern Gap”; or
(2)as affecting the sovereign rights and the jurisdiction that the United States has under international law over the Outer Continental Shelf that appertains to it.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Approval of Agreement With Mexico Pub. L. 113–67, div. A, title III, § 303, Dec. 26, 2013, 127 Stat. 1181, provided that: “The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby approved.”

Reference

Citations & Metadata

Citation

43 U.S.C. § 1356b

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73