Page:United States Statutes at Large Volume 92 Part 1.djvu/688

 92 STAT. 634

43 USC 1702.

PUBLIC LAW 95-372—SEPT. 18, 1978 cal 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; " (1) 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 ail onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered; "(m) 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; "(n) The term 'antitrust law'means— " (1) the Sherman Act (15 U.S.C. 1 et seq.); "(2) the Clayton Act (15 U.S.C. 12 et seq.); " (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); "(4) the Wilson Tariff Act (15 U.S.C. Set seq.); or "(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13,13a, 13b, and2La); "(o) 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; "(p) The term 'major Federal action' means any action or proposal by the Secretary which is subject to the provisions of section 102(2) (C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and "(q) The term 'minerals' includes oil, gas, sulphur, geopressuredgeothermal 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 103 of the Federal Land Policy and Management Act of 1976.". NATIONAL POLICY FOR THE OUTER CONTINENTAL S H E L F

SEC. 202. Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended to read as follows: "SEC. 3. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.—

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I t 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 Act; " (2) this Act shall be construed in such a manner that the character of the waters above the outer Continental Shelf as high seas

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