---
kind: "section"
citation: "43 U.S.C. § 1340"
title: "43"
title_heading: "Public Lands"
number: "1340"
heading: "Geological and geophysical explorations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/1340"
units:
  - "Chapter 29 — Submerged Lands"
  - "Subchapter III — Outer Continental Shelf Lands"
---

# §1340. Geological and geophysical explorations

- (a) **Approved exploration plans—**
  - (1) Any agency of the United States and any [person](/usc/43/1301.md?p=h) authorized by the [Secretary](/usc/43/1331.md?p=b) may conduct geological and geophysical [explorations](/usc/43/1331.md?p=k) in the [outer Continental Shelf](/usc/43/1331.md?p=a), which do not interfere with or endanger actual operations under any [lease](/usc/43/1331.md?p=c) maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area.
  - (2) The provisions of paragraph (1) of this subsection shall not apply to any [person](/usc/43/1301.md?p=h) conducting [explorations](/usc/43/1331.md?p=k) pursuant to an approved [exploration](/usc/43/1331.md?p=k) plan on any area under [lease](/usc/43/1331.md?p=c) to such [person](/usc/43/1301.md?p=h) pursuant to the provisions of this subchapter.
- (b) **Oil and gas exploration—** Except as provided in [subsection (f)](#f) of this section, beginning ninety days after September 18, 1978, no [exploration](/usc/43/1331.md?p=k) pursuant to any oil and gas [lease](/usc/43/1331.md?p=c) issued or maintained under this subchapter may be undertaken by the holder of such [lease](/usc/43/1331.md?p=c), except in accordance with the provisions of this section.
- (c) **Plan approval; State concurrence; plan provisions—**
  - (1) Except as otherwise provided in this subchapter, prior to commencing [exploration](/usc/43/1331.md?p=k) pursuant to any oil and gas [lease](/usc/43/1331.md?p=c) issued or maintained under this subchapter, the holder thereof shall submit an [exploration](/usc/43/1331.md?p=k) plan to the [Secretary](/usc/43/1331.md?p=b) for approval. Such plan may apply to more than one [lease](/usc/43/1331.md?p=c) held by a lessee in any one region of the [outer Continental Shelf](/usc/43/1331.md?p=a), or by a group of [lessees](/usc/43/1301.md?p=d) acting under a unitization, pooling, or drilling agreement, and shall be approved by the [Secretary](/usc/43/1331.md?p=b) if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the [Secretary](/usc/43/1331.md?p=b) pursuant to paragraph (8) of [section 1334(a) of this title](/usc/43/1334.md?p=a), and the provisions of such [lease](/usc/43/1331.md?p=c). The [Secretary](/usc/43/1331.md?p=b) shall require such modifications of such plan as are necessary to achieve such consistency. The [Secretary](/usc/43/1331.md?p=b) shall approve such plan, as submitted or modified, within thirty days of its submission, except that the [Secretary](/usc/43/1331.md?p=b) shall disapprove such plan if he determines that (A) any proposed activity under such plan would result in any condition described in [section 1334(a)(2)(A)(i) of this title](/usc/43/1334.md?p=a-2-A-i), and (B) such proposed activity cannot be modified to avoid such condition. If the [Secretary](/usc/43/1331.md?p=b) disapproves a plan under the preceding sentence, he may, subject to [section 1334(a)(2)(B) of this title](/usc/43/1334.md?p=a-2-B), cancel such [lease](/usc/43/1331.md?p=c) and the lessee shall be entitled to compensation in accordance with the regulations prescribed under [section 1334(a)(2)(C)(i)](/usc/43/1334.md) or (ii) of this title.
  - (2) The [Secretary](/usc/43/1331.md?p=b) shall not grant any license or permit for any activity described in detail in an [exploration](/usc/43/1331.md?p=k) plan and affecting any land use or water use in the [coastal zone](/usc/43/1331.md?p=e) of a [State](/usc/43/1301.md?p=g) with a [coastal zone](/usc/43/1331.md?p=e) management program approved pursuant to [section 1455 of title 16](/usc/16/1455.md), unless the [State](/usc/43/1301.md?p=g) concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to [section 1456(c)(3)(B)(i)](/usc/43/1456.md) or (ii) of [title 16](/usc/16.md), or the [Secretary](/usc/43/1331.md?p=b) of Commerce makes the finding authorized by [section 1456(c)(3)(B)(iii) of title 16](/usc/16/1456.md?p=c-3-B-iii).
  - (3) An [exploration](/usc/43/1331.md?p=k) plan submitted under this subsection shall include, in the degree of detail which the [Secretary](/usc/43/1331.md?p=b) may by regulation require—
    - (A) a schedule of anticipated [exploration](/usc/43/1331.md?p=k) activities to be understaken;[^1]
    - (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](/usc/43/1331.md?p=b).
  - (4) The [Secretary](/usc/43/1331.md?p=b) may, by regulation, require that such plan be accompanied by a general statement of [development](/usc/43/1331.md?p=l) and [production](/usc/43/1331.md?p=m) intentions which shall be for planning purposes only and which shall not be binding on any party.
- (d) **Drilling permit—** The [Secretary](/usc/43/1331.md?p=b) may, by regulation, require any lessee operating under an approved [exploration](/usc/43/1331.md?p=k) plan to obtain a permit prior to drilling any well in accordance with such plan.
- (e) **Plan revisions; conduct of exploration activities—**
  - (1) If a significant revision of an [exploration](/usc/43/1331.md?p=k) plan approved under this subsection is submitted to the [Secretary](/usc/43/1331.md?p=b), the process to be used for the approval of such revision shall be the same as set forth in [subsection (c)](#c) of this section.
  - (2) All [exploration](/usc/43/1331.md?p=k) activities pursuant to any [lease](/usc/43/1331.md?p=c) shall be conducted in accordance with an approved [exploration](/usc/43/1331.md?p=k) plan or an approved revision of such plan.
- (f) **Drilling permits issued and exploration plans approved within 90-day period after September 18, 1978—**
  - (1) [Exploration](/usc/43/1331.md?p=k) activities pursuant to any [lease](/usc/43/1331.md?p=c) for which a drilling permit has been issued or for which an [exploration](/usc/43/1331.md?p=k) plan has been approved, prior to ninety days after September 18, 1978, shall be considered in compliance with this section, except that the [Secretary](/usc/43/1331.md?p=b) may, in accordance with [section 1334(a)(1)(B) of this title](/usc/43/1334.md), order a suspension or temporary prohibition of any [exploration](/usc/43/1331.md?p=k) activities and require a revised [exploration](/usc/43/1331.md?p=k) plan.
  - (2) The [Secretary](/usc/43/1331.md?p=b) may require the holder of a [lease](/usc/43/1331.md?p=c) described in paragraph (1) of this subsection to supply a general statement in accordance with [subsection (c)(4)](#c-4) of this section, or to submit other information.
  - (3) Nothing in this subsection shall be construed to amend the terms of any permit or plan to which this subsection applies.
- (g) **Determinations requisite to issuance of permits—** Any permit for geological [explorations](/usc/43/1331.md?p=k) authorized by this section shall be issued only if the [Secretary](/usc/43/1331.md?p=b) determines, in accordance with regulations issued by the [Secretary](/usc/43/1331.md?p=b), that—
  - (1) the applicant for such permit is qualified;
  - (2) the [exploration](/usc/43/1331.md?p=k) will not interfere with or endanger operations under any [lease](/usc/43/1331.md?p=c) issued or maintained pursuant to this subchapter; and
  - (3) such [exploration](/usc/43/1331.md?p=k) will not be unduly harmful to aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological significance.
- (h) **Lands beneath navigable waters adjacent to Phillip Burton Wilderness—** The [Secretary](/usc/43/1331.md?p=b) shall not issue a [lease](/usc/43/1331.md?p=c) or permit for, or otherwise allow, [exploration](/usc/43/1331.md?p=k), [development](/usc/43/1331.md?p=l), or [production](/usc/43/1331.md?p=m) activities within fifteen miles of the [boundaries](/usc/43/1301.md?p=b) of the Phillip Burton Wilderness as depicted on a map entitled “Wilderness Plan, Point Reyes National Seashore”, numbered 612–90,000–B and dated September 1976, unless the [State](/usc/43/1301.md?p=g) of California issues a [lease](/usc/43/1331.md?p=c) or permit for, or otherwise allows, [exploration](/usc/43/1331.md?p=k), [development](/usc/43/1331.md?p=l), or [production](/usc/43/1331.md?p=m) activities on [lands beneath navigable waters](/usc/43/1301.md?p=a) (as such term is defined in [section 1301 of this title](/usc/43/1301.md)) of such [State](/usc/43/1301.md?p=g) which are adjacent to such Wilderness.

## Footnotes

[^1]: So in original. Probably should be “undertaken;”.

## Source credit

(Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469; Pub. L. 95–372, title II, § 206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99–68, § 1(c), July 19, 1985, 99 Stat. 166.)

## Notes

### Editorial Notes

### Amendments

1978—Pub. L. 95–372 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) to (h).

### Statutory Notes and Related Subsidiaries

### Change of Name

“Phillip Burton Wilderness” was substituted for “Point Reyes Wilderness” in subsec. (h), pursuant to section 1(c) of Pub. L. 99–68.

### Transfer of Functions

Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.