PRIA, Government Policy, Made Personal

Summary

The Secretary must study any area included in an oil or gas lease sale to gather the information needed to assess and manage effects on people, marine life, and nearby coasts. For places where a lease sale was held or announced before September 18, 1978, the study must start no later than six months after that date. For places where no sale was held or scheduled before that date, the study must start no later than six months before the lease sale. For agreements under section 1337(k)(2), the study must start no later than six months before negotiations begin or before a memorandum of agreement is signed. The studies must, when possible, predict impacts from chronic low-level pollution, large spills, drill cuttings and muds, pipeline laying, and other offshore development effects on coastal areas. After leasing and development, the Secretary must carry out more studies and ongoing monitoring to produce time-series data and trends. The Secretary must write rules for how to do these studies and work closely with affected States. The Secretary may use existing federal, State, local, or private information and may use other agencies’ staff or facilities, with or without payment. Available environmental information must be used when making decisions, setting rules, and issuing permits or orders. About as soon as possible after each 3 fiscal years end, the Secretary must give Congress and the public an assessment of the cumulative effects of these activities. The Secretary should, as much as possible, use the Department of Commerce’s capabilities on a reimbursable basis; the Secretary of Commerce may make contracts or grants with any person using funds appropriated under this program.

Title 43, §1346

Public Lands, Source: USLM XML via OLRC

(a)Information for assessment and management of impacts on environment; time for study; impacts on marine biota from pollution or large spills

(1)The Secretary shall conduct a study of any area or region included in any oil and gas lease sale or other lease in order to establish information needed for assessment and management of environmental impacts on the human, marine, and coastal environments of the outer Continental Shelf and the coastal areas which may be affected by oil and gas or other mineral development in such area or region.

(2)Each study required by paragraph (1) of this subsection shall be commenced not later than six months after September 18, 1978, with respect to any area or region where a lease sale has been held or announced by publication of a notice of proposed lease sale before September 18, 1978, and not later than six months prior to the holding of a lease sale with respect to any area or region where no lease sale has been held or scheduled before September 18, 1978. In the case of an agreement under section 1337(k)(2) of this title, each study required by paragraph (1) of this subsection shall be commenced not later than 6 months prior to commencing negotiations for such agreement or the entering into the memorandum of agreement as the case may be. The Secretary may utilize information collected in any study prior to September 18, 1978.

(3)In addition to developing environmental information, any study of an area or region, to the extent practicable, shall be designed to predict impacts on the marine biota which may result from chronic low level pollution or large spills associated with outer Continental Shelf production, from the introduction of drill cuttings and drilling muds in the area, and from the laying of pipe to serve the offshore production area, and the impacts of development offshore on the affected and coastal areas.

(b)Additional studies subsequent to leasing and development of area

Subsequent to the leasing and developing of any area or region, the Secretary shall conduct such additional studies to establish environmental information as he deems necessary and shall monitor the human, marine, and coastal environments of such area or region in a manner designed to provide time-series and data trend information which can be used for comparison with any previously collected data for the purpose of identifying any significant changes in the quality and productivity of such environments, for establishing trends in the areas studied and monitored, and for designing experiments to identify the causes of such changes.

(c)Procedural regulations for conduct of studies; cooperation with affected States; utilization of information from Federal, State and local governments and agencies

The Secretary shall, by regulation, establish procedures for carrying out his duties under this section, and shall plan and carry out such duties in full cooperation with affected States. To the extent that other Federal agencies have prepared environmental impact statements, are conducting studies, or are monitoring the affected human, marine, or coastal environment, the Secretary may utilize the information derived therefrom in lieu of directly conducting such activities. The Secretary may also utilize information obtained from any State or local government, or from any person, for the purposes of this section. For the purpose of carrying out his responsibilities under this section, the Secretary may by agreement utilize, with or without reimbursement, the services, personnel, or facilities of any Federal, State, or local government agency.

(d)Consideration of relevant environmental information in developing regulations, lease conditions and operating orders

The Secretary shall consider available relevant environmental information in making decisions (including those relating to exploration plans, drilling permits, and development and production plans), in developing appropriate regulations and lease conditions, and in issuing operating orders.

(e)Assessment of cumulative effects of activities on environment; submission to Congress

As soon as practicable after the end of every 3 fiscal years, the Secretary shall submit to the Congress and make available to the general public an assessment of the cumulative effect of activities conducted under this subchapter on the human, marine, and coastal environments.

(f)Utilization of capabilities of Department of Commerce

In executing his responsibilities under this section, the Secretary shall, to the maximum extent practicable, enter into appropriate arrangements to utilize on a reimbursable basis the capabilities of the Department of Commerce. In carrying out such arrangements, the Secretary of Commerce is authorized to enter into contracts or grants with any person, organization, or entity with funds appropriated to the Secretary of the Interior pursuant to this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (e). Pub. L. 104–66 substituted “every 3 fiscal years” for “each fiscal year”. 1994—Subsec. (a)(1). Pub. L. 103–426, § 1(b)(1), inserted “or other lease” after “any oil and gas lease sale” and “or other mineral” after “affected by oil and gas”. Subsec. (a)(2). Pub. L. 103–426, § 1(b)(2), inserted before last sentence “In the case of an agreement under section 1337(k)(2) of this title, each study required by paragraph (1) of this subsection shall be commenced not later than 6 months prior to commencing negotiations for such agreement or the entering into the memorandum of agreement as the case may be.”

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 15th item on page 111 identifies a reporting provision which, as subsequently amended, is contained in subsec. (e) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§1346 Environmental Studies