1998 Year of the Ocean Ocean Energy and Minerals 



sea, prevention of unreasonable interference with other uses of the high seas, and conservation of 

 mineral resources. The DSHMRA encourages other nations that embark on ocean mining 

 ventures to manage the activities of their nationals in a similar fashion and to respect licenses and 

 permits issued under the DSHMRA. The DSHMRA also facilitates the transition from a 

 domestic regime to an acceptable international regime. 



The DSHMRA sets forth criteria that would need to be met for an international regime to be 

 acceptable to the United States, namely: assured and non-discriminatory access for U.S. citizens, 

 under reasonable terms and conditions, to deep seabed resources; and assured continuity in 

 mining activities undertaken by United States citizens prior to entry into force of an international 

 regime under terms, conditions, and restrictions which do not impose significant new economic 

 burdens. The DSHMRA also recognizes that a treaty must be judged by the totality of its 

 provisions. The Agreement to implement Part XI of the United Nations Convention on the Law 

 of the Sea revises Part XI in a manner that satisfies these criteria.^ During the period of 

 provisional application of the Agreement, the DSHMRA remains in effect and provides authority 

 to implement likely United States obligations under the Agreement. 



IV. STATE AUTHORITIES RELATING TO ENERGY AND MINERAL RESOURCES 



Under the Submerged Lands Act . (43 U.S.C. § 1301 et seg.) 



There are a number of state authorities, implemented by different state agencies, relating to 

 energy and mineral resources. Under the Submerged Lands Act (SLA), 43 U.S.C. § 1301 et seg., 

 the location of the energy and mineral resources determines whether or not they fall under state 

 control. Specifically, the SLA granted states thle to the natural resources located within three 

 miles of their coastline (three marine leagues for Texas and the Gulf coast of Florida). For 

 purposes of the SLA, the term "natural resources" includes oil, gas and all other minerals. 



State authorities range in the nature and extent of their control over ocean energy and mineral 

 resources on state submerged lands. The range depends on each state's evaluation of different 

 policy interests, such that activities may be restricted in certain areas and allowed in others. State 

 management authority for oil and gas exploration and production on state submerged lands may 

 be implemented by more than one state entity. Also, state management of energy and mineral 

 resources is often addressed within the context of a broader state coastal management plan. 



State policies also affect energy and mineral resource development on the OCS. As indicated 

 above, federal authorities such as the OCSLA provide for consultation and coordination with 



Inrernarional legal aurhoriries rejaring ro ocean energg and mineral rejources will be Fully addressed elsewhere in rhe legal aurhoriries issue paper. 



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