877 



§ 1338. Disposition of revenues. 



All rentals, royalties, and other sums paid to the 

 Secretary or the Secretary of the Navy under any 

 lease on the outer Continental Shelf for the period 

 from June 5, 1950, to date, and thereafter shall be 

 deposited in the Treasury of the United States and 

 credited to miscellaneous receipts. (Aug. 7, 1953, 

 Ch. 345. § 9. 67 Stat. 469.) 



§ 1339. Refunds; filing time limitation; certification of 

 repayment; necessity of report to Congress. 



(a) Subject to the provisions of subsection (b) 

 of this section, when it appears to the satisfaction 

 of the Secretary that any person has made a pay- 

 ment to the United States in connection with any 

 lease under this subchapter in excess of the amount 

 he was lawfully required to pay, such excess shall 

 be repaid without interest to such person or his 

 legal representative, if a request for repayment of 

 such excess is filed with the Secretary within two 

 years after the making of the payment, or within 

 ninety days after August 7. 1953. The Secretary 

 shall certify the amounts of all such repayments 

 to the Secretary of the Treasury, who is authorized 

 and directed to make such repayments out of any 

 moneys in the special account established under 

 section 1338 of this title and to issue his warrant 

 in settlement thereof. 



(b) No refund of or credit for such excess pay- 

 ment shall be made until after the expiration of 

 thirty days from the date upon which a report giving 

 the name of the person to whom the refund or credit 

 is to be made, the amount of such refund or credit, 

 and a summary of the facts upon which the determi- 

 nation of the Secretary was made is submitted to 

 the President of the Senate and the Speaker of the 

 House of Representatives for transmittal to the 

 appropriate legislative committee of each body, re- 

 spectively: Provided. That if the Congress shall 

 not be in session on the date of such submission 

 or shall adjourn prior to the expiration of thirty 

 days from the date of such submission, then such 

 payment or credit shall not be made until thirty 

 days after the opening day of the next succeeding 

 session of Congress. (Aug. 7, 1953, ch. 345, § 10, 

 67 Stat 469 ) 



§ 1340. Geological and geophysical explorations. 



Any agency of the United States and any person 

 authorized by the Secretary may conduct geological 

 and geophysical explorations in the outer Conti- 

 nental Shelf, which do not interfere with or en- 

 danger actual operations under any lease main- 

 tained or granted pursuant to this subchapter, and 

 which are not unduly harmful to aquatic life In 

 such area. (Aug. 7, 1953, ch. 345, § 11, 67 Stat. 469 ) 



§1341. Reservation of lands and rights. 



(a) Withdrawal of unleased lands by President. 



The President of the United States may, from 

 time to time, withdraw from disposition any of the 

 unleased lands of the outer Continental Shelf. 



(b) First refusal of mineral purchases. 



In time of war, or when the President shall so 

 prescribe, the United States shall have the right 

 of first refusal to purchase at the market price all 



or any portion of any mineral produced from the 

 outer Continental Shelf. 



(c) National security clause. 



All leases issued under this subchapter, and leases, 

 the maintenance and operation of which are au- 

 thorized under this subchapter, shall contain or be 

 construed to contain a provision whereby authority 

 is vested in the Secretary, upon a recommendation 

 of the Secietary of Defense, during a state of war 

 or national emergency declared by the Congress 

 or the President of the United States after Augiist 7. 

 1953, to suspend operations under any lease; and 

 all such leases shall contain or be construed to con- 

 tain provisions for the payment of just compensa- 

 tion to the lessee whose operations are thus 

 suspended. 



(d) National defense areas; suspension of opera- 

 tions; extension of leases. 



The United States reserves and retains the right 

 to designate by and through the Secretary of De- 

 fense, with the approval of the President, as areas 

 restricted from exploration and operation that part 

 of the outer Continental Shelf needed for national 

 defense: and so long as such designation remains 

 in effect no exploration or operations may be con- 

 ducted on any part of the surface of such area except 

 with the concurrence of the Secretary of Defense; 

 and if operations or production under any lease 

 theretofore issued on lands within any such re- 

 stricted area shall be suspended, any payment of 

 rentals, minimum royalty, and royalty prescribed by 

 such lease likewise shall be suspended during such 

 period of suspension of operation and production, 

 and the term of such lease shall be extended by 

 adding thereto any such suspension period, and the 

 United States shall be liable to the lessee for such 

 compensation as is required to be paid under the 

 Constitution of the United States. 



(e) Source materials essential to production of fission- 

 able materials. 



All uranium, thorium, and all other materials 

 determined pursuant to paragraph ( 1 ) of subsection 

 lb) of section 5 of the Atomic Energy Act of 1946, as 

 amended, to be peculiarly essential to the production 

 of fissionable material, contained, in whatever con- 

 centration, in deposits in the subsoil or seabed of 

 the outer Continental Shelf are reserved for the 

 use of the United States. 



(f) Helium ownership; rules and regulations govern- 

 ing extraction. 



The United States reserves and retains the owner- 

 ship of and the right to extract all helium, under 

 such rules and regulations as shall be prescribed by 

 the Secretary, contained in gas produced from any 

 portion of the outer Continental Shelf which may 

 be subject to any lease maintained or granted pur- 

 suant to this subchapter, but the heliimi shall be 

 extracted from such gas so as to cause no sub- 

 stantial delay in the delivery of gas produced to the 

 purchaser of such gas. (Aug. 7, 1953, ch. 345. § 12. 

 67 Stat. 469.) 



§ 1342. Prior claims as unaffected. 



Nothing herein contained shall affect such rights, 

 if any, as may have been acquired under any law 



