Page:United States Statutes at Large Volume 92 Part 1.djvu/701

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 647

OUTER CONTINENTAL SHELF OIL AND GAS EXPLORATION

Sec. 206. Section 11 of the Outer Continental Shelf Lands Act (43 XJ.S.C. 1340) is amended— (1) by inserting " (a)(1)" immediately before "Any"; and (2) by adding at the end thereof the following: "(2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this Act. "(b) Except as provided in subsection (f) of this section, beginning ninety days after the date of enactment of this subsection, no exploration pursuant to any oil and gas lease issued or maintained under this Act may be undertaken by the holder of such lease, except in accordance with the provisions of this section. " (c)(1) Except as otherwise provided in the Act, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this Act, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this Act, regulations prescribed under this Act, including regulations prescribed by the Secretary pursuant to paragraph (8) of section 5(a) of this Act, and the provisions of such lease. The Secretary shall require such modifications of such plan as are necessary to achieve such consistency. The Secretary shall approve such plan, as submitted or imodified, within thirty days of its submission, except that the Secretary shall disappixxve such plan if he determines that (A) any proposed activity under such plan would result in any condition described in section 5(a)(2)(A)(i) o f this Act, and (B) such proposed activity cannot be modified to avoid such condition. If the Secretary disapproves a plan under the preceding sentence, he may, subject to section 5(a)(2)(B) of this Act, cancel such lease and the lessee shall be entitled to compensation in accordance with the regulations prescribed under section 5(a)(2)(C)(i) or (ii) of this Act. "(2) The Secretary shall not grant any license or permit for any activity described in detail in an exploration plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455), unless the State concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to section 307(c) (3)(B)(i) or (ii) of such Act, or the Secretary of Commerce makes the finding authorized by section 307(c)(3)(B) (iii) of such Act. "(3) An exploration plan submitted under this subsection shall inelude, in the degree of detail which the Secretary may by regulation require— "(A) a schedule of anticipated exploration activities to be understaken; "(B) a description of equipment to be used for such activities; "(C) the general location of each well to be drilled; and "(D) such other information deemed pertinent by the Secretary.

Exploration plan,

43 USC 1334.

16 USC 1456. Regulations,

.j

�