Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Legislación

Submerged Lands (43 USC Ch. 29)

País/Territorio
Estados Unidos de América
Tipo de documento
Legislación
Fecha
2020
Fuente
FAO, FAOLEX
Materia
Tierra y suelos, Recursos minerales, Mar, Agua
Palabra clave
Propiedad Tenencia de tierras Derechos de propiedad Arrendamiento Ordenación de áreas costeras Responsabilidad/indemnización Salud pública Evaluación/manejo de riesgos Minerales Plataforma continental Soberanía Navegación Exploración Desarrollo sostenible Zona marítima Aguas superficiales Aguas continentales Uso sostenible
Área geográphica
Americas, Ártico, Pacífico Oriental, América del Norte, Atlántico Norte
Resumen

This chapter contains the provisions of the Submerged Lands Act and the Outer Continental Shelf Lands Act. It states that it is determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable State law be, and they are, subject to the provisions hereof, recognized, confirmed, established, and vested in and assigned to the respective States or the persons who were on June 5, 1950,entitled thereto under the law of the respective States in which the land is located, and the respective grantees, lessees, or successors in interest thereof. It further provides that it is hereby declared to be the policy of the United States that (1) the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition as provided in this subchapter; (2) this subchapter shall be construed in such a manner that the character of the waters above the outer Continental Shelf as high seas and the right to navigation and fishing therein shall not be affected; (3) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with the maintenance of competition and other national needs; (4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on coastal and non-coastal areas of the coastal States, and on other affected States, and, in recognition of the national interest in the effective management of the marine, coastal, and human environments (A) such States and their affected local governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts; (B) the distribution of a portion of the receipts from the leasing of mineral resources of the outer Continental Shelf adjacent to State lands, as provided under section 1337(g) of this title, will provide affected coastal States and localities with funds which may be used for the mitigation of adverse economic and environmental effects related to the development of such resources; and (C) such States, and through such States, affected local governments, are entitled to an opportunity to participate, to the extent consistent with the national interest, in the policy and planning decisions made by the Federal Government relating to exploration for, and development and production of, minerals of the outer Continental Shelf; (5) the rights and responsibilities of all States and, where appropriate, local governments, to preserve and protect their marine, human, and coastal environments through such means as regulation of land, air, and water uses, of safety, and of related development and activity should be considered and recognized; and (6) operations in the outer Continental Shelf should be conducted in a safe manner by well-trained personnel using technology, precautions, and techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstruction to other users of the waters or subsoil and seabed, or other occurrences which may cause damage to the environment or to property, or endanger life or health.

Texto completo
Inglés
Página web
uscode.house.gov