Title 43Public LandsRelease 119-73not60

§1333 Laws and Regulations Governing Lands

Title 43 › Chapter 29— SUBMERGED LANDS › Subchapter III— OUTER CONTINENTAL SHELF LANDS › § 1333

Last updated Apr 5, 2026|Official source

Summary

Extends the U.S. Constitution and federal laws to the outer Continental Shelf’s seabed and subsoil, to artificial islands, and to installations or devices attached to the seabed, and to non-ship devices used to move resources. Mineral and energy leases there must follow the rules in this part of the law. State civil and criminal laws that fit with federal law can become federal law for the parts of the shelf that would belong to a State if its boundary were stretched seaward. The President will publish those seaward lines and, within one year after September 18, 1978, must set up procedures to resolve any international boundary disputes. Federal officers and courts enforce those laws, and State taxes do not apply. Letting State law operate as federal law does not give any State ownership or control over the seabed, subsoil, resources, or revenues. Workers hurt or killed by operations on the outer Continental Shelf are covered by the Longshore and Harbor Workers’ Compensation Act. The law excludes ship crew and government employees from the term “employee,” defines “employer” as a company with workers in those operations, and treats the United States geographically to include the shelf and its structures. Unfair labor practices on artificial islands or installations count as happening in the federal district of the State whose laws apply; until the President decides, use the nearest State. The Coast Guard Secretary can make and enforce safety rules and mark unmarked structures, charging owners for the cost. The Army Secretary’s power to prevent navigation obstructions also covers these structures. Applying some laws to the shelf does not mean other laws are excluded.

Full Legal Text

Title 43, §1333

Public Lands — Source: USLM XML via OLRC

(a)(1)(A)The Constitution and laws and civil and political jurisdiction of the United States are extended, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State, to—
(i)the subsoil and seabed of the outer Continental Shelf;
(ii)all artificial islands on the outer Continental Shelf;
(iii)installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral energy resources; or
(iv)any such installation or other device (other than a ship or vessel) for the purpose of transporting or transmitting such resources.
(B)Mineral or energy leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this subchapter.
(2)(A)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, now in effect or hereafter adopted, amended, or repealed 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.
(B)Within one year after September 18, 1978, the President shall establish procedures for setting 11 So in original. Probably should be “settling”. any outstanding international boundary dispute respecting the outer Continental Shelf.
(3)The provisions of this section for adoption of State law as the law of the United States shall never be interpreted as a basis for claiming any interest in or jurisdiction on behalf of any State for any purpose over the seabed and subsoil of the outer Continental Shelf, or the property and natural resources thereof or the revenues therefrom.
(b)With respect to disability or death of an employee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer Continental Shelf, compensation shall be payable under the provisions of the Longshore and Harbor Workers’ Compensation Act [33 U.S.C. 901 et seq.]. For the purposes of the extension of the provisions of the Longshore and Harbor Workers’ Compensation Act under this section—
(1)the term “employee” does not include a master or member of a crew of any vessel, or an officer or employee of the United States or any agency thereof or of any State or foreign government, or of any political subdivision thereof;
(2)the term “employer” means an employer any of whose employees are employed in such operations; and
(3)the term “United States” when used in a geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon.
(c)For the purposes of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], any unfair labor practice, as defined in such Act, occurring upon any artificial island, installation, or other device referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the State, the laws of which apply to such artificial island, installation, or other device pursuant to such subsection, except that until the President determines the areas within which such State laws are applicable, the judicial district shall be that of the State nearest the place of location of such artificial island, installation, or other device.
(d)(1)The Secretary of the Department in which the Coast Guard is operating shall have authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and other devices referred to in subsection (a) or on the waters adjacent thereto, as he may deem necessary.
(2)The Secretary of the Department in which the Coast Guard is operating may mark for the protection of navigation any artificial island, installation, or other device referred to in subsection (a) whenever the owner has failed suitably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the owner shall pay the cost of such marking.
(e)The authority of the Secretary of the Army to prevent obstruction to navigation in the navigable waters of the United States is extended to the artificial islands, installations, and other devices referred to in subsection (a).
(f)The specific application by this section of certain provisions of law to the subsoil and seabed of the outer Continental Shelf and the artificial islands, installations, and other devices referred to in subsection (a) or to acts or offenses occurring or committed thereon shall not give rise to any inference that the application to such islands and structures, acts, or offenses of any other provision of law is not intended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Longshore and Harbor Workers’ Compensation Act, referred to in subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of Title 33 and Tables. The National Labor Relations Act, as amended, referred to in subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.

Amendments

2021—Subsec. (a)(1). Pub. L. 116–283 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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 all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources, 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.” 1984—Subsec. (b). Pub. L. 98–426 substituted “Longshore and Harbor Workers’ Compensation Act” for “Longshoremen’s and Harbor Workers’ Compensation Act”. 1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), substituted “, and all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources,” for “and fixed structures which may be erected thereon for the purpose of exploring for, developing, removing, and transporting resources therefrom,”. Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated subsec. (c) as (b) and substituted “conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer Continental Shelf,” for “described in subsection (b) of this section,”. Former subsec. (b), relating to the jurisdiction of United States district courts over cases and controversies arising out of or in connection with operations conducted on the outer Continental Shelf, was struck out. See section 1349(b) of this title. Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated subsec. (d) as (c) and substituted “artificial island, installation, or other device referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the State, the laws of which apply to such artificial island, installation, or other device pursuant to such subsection, except that until the President determines the areas within such State laws are applicable, the judicial district shall be that of the State nearest the place of location of such artificial island, installation, or other device” for “artificial island or fixed structure referred to in subsection (a) of this section shall be deemed to have occurred within the judicial district of the adjacent State nearest the place of location of such island or structure”. Former subsec. (c) redesignated (b). Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redesignated subsec. (e)(1) as (d)(1), substituted “Secretary” for “head” and “artificial islands, installations, and other devices” for “islands and structures”. Former subsec. (d) redesignated (c). Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated subsec. (e)(2) as (d)(2) and substituted “Secretary” for “head” and “artificial island, installation, or other device referred to in subsection (a) whenever the owner has failed suitably to mark such island, installation, or other device in accordance with

Regulations

issued under this subchapter, and the owner shall pay the cost of such marking” for “such island or structure whenever the owner has failed suitably to mark the same in accordance with

Regulations

issued hereunder, and the owner shall pay the cost thereof”, and struck out provisions which had made failure or refusal to obey any lawful

Rules and Regulations

a misdemeanor punishable by a fine of not more than $100, with each day during which such a violation would continue to be deemed a new offense. Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated subsec. (f) as (e) and substituted “the artificial islands, installations, and other devices referred to in subsection (a)” for “artificial islands and fixed structures located on the outer Continental Shelf”. Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesignated subsec. (g) as (f) and substituted “the artificial islands, installations, and other devices” for “the artificial islands and fixed structures”. Former subsec. (f) redesignated (e). 1975—Subsec. (a)(2). Pub. L. 93–627 substituted “now in effect or hereafter adopted, amended, or repealed” for “as of the

Effective Date

of this Act” in first sentence.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1333

Title 43Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60