Outer Continental Shelf Lands Act (OCSLA)

The Outer Continental Shelf Lands Act defines the outer continental shelf as any and all submerged lands lying beyond state coastal waters, greater than three miles offshore, which are under United States jurisdiction. The Act allows the Secretary of the Interior, through the Minerals Management Service (MMS), to grant leases for mineral exploration and development to the best-qualified, most responsible bidder through a sealed competitive bidding process. The OCSLA applies to all of the following locations:

•1.) The subsoil and seabed of the OCS

•2.) Any artificial island, installation, or other device if

•a.) It is permanently or temporarily attached to the seabed of the OCS, and

•b.) It has been erected on the seabed of the OCS, and

•c.) Its presence on the OCS is to explore for, develop or produce resources from the OCS;

•3.) Any artificial island, installation, or other device if

•a.) It is permanently or temporarily attached to the seabed of the OCS, and

•b.) It is not a ship or vessel, and

•c.) Its presence on the OCS is to transport resources form the OCS.

If these requirements, known as a situs test, are met, it must then be determined which law, federal or state, will govern. Sections 1333(a)(1) and 1333(a)(2) allow for the incorporation of applicable state law to stand in the place of federal law governing claims arising out of OCS activity. However, for state law to govern, the following three tests must be met:

•1.) The controversy must arise on a situs covered by the OCSLA.

•2.) Federal maritime law must not apply of its own force.

•3.) The state law must not be inconsistent with the federal law.

Lastly, under Section 1333(b), the Longshore and Harbor Workers Compensation Act (LHWCA) may be extended to non-seamen employed on the OCS. More specifically, the LHWCA applies to injuries occurring as a result of operations conducted on the OCS with the purpose of exploring for, developing, removing or transporting by pipeline the natural resources of the OCS.

Contact the experienced maritime attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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