[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52946-52955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26294]
[[Page 52945]]
_______________________________________________________________________
Part IX
Department of the Interior
_______________________________________________________________________
Bureau of Land Management
_______________________________________________________________________
43 CFR Part 3100, et al.
Public Availability of Mineral Resources Information; Final Rule
Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 /
Rules and Regulations
[[Page 52946]]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3100, 3150, 3160, 3180, 3200, 3500, 3510, 3520, 3530,
3540, 3550, 3580, 3590, 3600, 3800, 3860
[WO-890-1270-02-24 1A]
RIN 1004-AB55
Public Availability of Mineral Resources Information
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule of the Bureau of Land Management (BLM) amends
regulations addressing the public availability of mineral resource
information. The purpose of this rule is to remove conflicts between
the Department of the Interior (the Department) regulations
implementing the Freedom of Information Act (FOIA), and existing
regulations that relate to public availability of mineral resource
information. The rule also removes inconsistencies among the various
mineral resources regulations relating to release of information under
FOIA. Finally, it addresses the protection afforded Indian mineral
information under the Indian Mineral Development Act (IMDA) and FOIA.
EFFECTIVE DATE: November 2, 1998.
ADDRESSES: Inquiries or suggestions should be sent to: Director (630),
Bureau of Land Management, 1849 C Street, NW, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Sid Vogelpohl, Jackson District,
Division of Mineral Resources (601) 977-5400.
SUPPLEMENTARY INFORMATION:
I. Background
II. Responses to Comments
III. Final Rule as Adopted
IV. Procedural Matters
I. Background
BLM issued the proposed rule on May 31, 1991 (56 FR 24767) with a
60-day public comment period. The proposed rule was designed to conform
several mineral resource regulations with the regulations implementing
the Freedom of Information Act, 5 U.S.C. 552 (FOIA), in 43 CFR part 2,
subpart B, which provides for withholding certain types of information
from release under FOIA. In administering FOIA, BLM makes some
information available without a written FOIA request at any agency
office possessing such information, as provided in standard paragraph
(a) as revised in this final rule. Other information may be available
to the public only if a written FOIA request is submitted.
FOIA provides various exemptions to its disclosure requirements.
Three of them govern release of information under this rule, Exemptions
3, 4, and 9, numbered according to their paragraph designations in the
statute. FOIA ``does not apply to matters that are--
* * * (3) specifically exempted from disclosure by statute (other
than section 552b of this title [which pertains to agency meetings that
may be closed to the public under certain circumstances]), provided
that such statute (A) requires that the matters be withheld from the
public in such a manner as to leave no discretion on the issue, or (B)
establishes particular criteria for withholding or refers to particular
types of matters to be withheld;
``(4) trade secrets and commercial or financial information
obtained from a person and privileged or confidential; * * * or
``(9) geological and geophysical information and data, including
maps, concerning wells.''
Reference in the SUPPLEMENTARY INFORMATION to ``standard
paragraphs'' is reference to the proposed rule wherein it was proposed
that the regulations for each mineral commodity, including oil and gas,
solid minerals other than coal, and so forth, would include common or
standard section provisions consisting of 2 or more of paragraphs (a),
(b), (c), and (d), which appear in final form in section III of this
preamble as well as in the regulatory text itself.
II. Responses to Comments
BLM received comments on the proposed rule from 11 sources: 2 from
industry associations, 1 from a business entity, 2 from Indian tribes,
and 6 from government entities. Three additional business entities
requested and were provided copies of the list of ``public'' and ``non-
public'' mineral resource information noted to be available on request
in the proposed rule.
The following paragraphs provide summaries of the submitted
comments and the BLM response to those comments.
1. Public Land Mineral Interests
The two industry associations, representing geophysical contractors
and petroleum companies, expressed concern that confidential
information would be released as a result of the proposed rule. They
stated, for example, that geophysical data obtained at considerable
cost would become available to competitors if the protection provided
by existing regulations specific to Alaska (43 CFR 3152.6(b)) is
removed. Specifically, the comments questioned whether such a change
would affect the ``automatic'' protection currently provided by 43 CFR
3152.6(b).
The same respondents objected to the removal of Sec. 3162.8, which
excepts geophysical and geological data from public inspection, as well
as removal of the provision for consent from the submitter.
By cross-referencing the Department's FOIA regulations, the
regulatory amendments adopted in this final rule will protect
geophysical and geologic data to the extent that the applicable law,
FOIA, allows protection. Exemption 9 of FOIA ``protects geological and
geophysical information and data, including maps, concerning wells.''
Geological and geophysical data obtained through surface methods, as
opposed to wells, also may be subject to protection under Exemption 4
if it qualifies as confidential commercial or financial information.
BLM recognizes the cost associated with developing geophysical
data, and information about such costs may qualify for exemption from
disclosure under exemption 4 of FOIA. Therefore, in most cases,
geophysical data will be protected from disclosure. The protection of
information urged in the comments exists in current FOIA regulations
and, by reference, remains in the oil and gas regulations. The
amendment of section 3152.6(b) refers to 43 CFR part 2, the
Department's FOIA regulations. Section 2.15(d) of that part requires
the BLM to contact the submitter whenever the BLM has reason to believe
that ``disclosure of information may result in commercial or financial
injury to the submitter.'' On the other hand, in those cases where BLM
can determine, without additional information, that release will result
in competitive harm or injury, the request for data will be denied
without contacting the submitter as provided by Sec. 2.15(d)(4)(i).
That paragraph provides that notification to the submitter is not
required if the bureau determines that disclosure of the record should
be denied. The changes were necessary to conform the rule to the terms
of FOIA, which mandate release in situations not addressed by FOIA
exemptions.
Another comment related to the proposed removal of paragraph (d) of
Sec. 3162.8, which specifically referred to information submitted to
BLM that was not required by regulation. The concern expressed was that
voluntarily submitted information could be released without the
submitter's consent under the proposed regulations. Voluntarily
submitted commercial or financial
[[Page 52947]]
information may be protected by FOIA exemption 4, which allows a
Government agency to withhold voluntarily submitted information when
the information is of a kind that customarily would not be released to
the public by the person from whom it was obtained.
The comment interpreted the proposed rule to require marking of
data as confidential ``before any right to protect the data would even
arise.'' This is not a correct reading of the provision. Absent another
specific regulation to the contrary, the FOIA regulations of the
Department require protection of confidential commercial or financial
information regardless of whether it is marked. Section 2.15(d)(4)(v)
of title 43 provides for notification of the submitter in the absence
of marking ``if there is substantial reason to believe that disclosure
of the information would result in competitive harm.'' Under FOIA, the
agency is required to make its own determination as to whether the
information meets this standard for withholding and cannot rely solely
on the submitter's marking of information as its basis for deciding not
to release information. The rule requires marking the confidential
material solely to help the review of material for disclosure or
protection under FOIA. It will be to the advantage of the submitter to
mark the material it considers confidential to reduce the possibility
of it being disclosed inadvertently. Further, if the submitter fails to
mark every page that it considers confidential, the administrative
costs of BLM compliance with FOIA will increase.
Based on the public comments regarding paragraph (b) of the
proposed standard FOIA provision, and in recognition that the specific
marking used by a private party to mark information as confidential is
not critical, we are amending paragraph (b) in the final rule to remove
the requirement that specific wording be used for this purpose.
Specific reference to 43 CFR 2.15 has also been removed so that the
paragraph refers to 43 CFR part 2 as a whole. The requirement that
material requested to be kept confidential be submitted separately has
also been removed in the final rule. The BLM is responsible for
determining whether it is appropriate to withhold information from a
person requesting information under FOIA, even in the absence of
marking or separate submission.
The same comment also made specific reference to a form of
protection for proprietary information that would be lost if the oil
and gas regulations were amended merely to refer to the FOIA
regulations: the current oil and gas regulations state that certain
information is not to be made available to the public without the
consent of the submitter. FOIA does not authorize agencies to give
submitters a veto over disclosure. An agency must disclose commercial
and financial information that is not competitively sensitive and that
it had required to be submitted. However, experience indicates that
information typically considered confidential by industry will also
typically be viewed as potentially confidential by the BLM. In any case
of doubt, BLM will notify the submitter before deciding to disclose
information, as detailed in the FOIA regulations and further discussed
below.
A comment agreed that exemptions 4 and 9 would adequately protect
confidential information from disclosure. No change is necessary in the
final rule as a result of this comment.
2. Indian Mineral Interests
Comments of two Indian tribes expressed concern that information
considered confidential by the Indian mineral owner would be released
to the public. They pointed out that information in the possession of
the BLM as a result of its oversight responsibilities may be
confidential as to the Indian mineral owners, even if the submitter
does not consider it confidential. BLM recognizes this characteristic
of information relating to Indian mineral resources, as noted in the
preamble of the proposed rule, and has addressed the concern by adding
new paragraph (d) to the proposed rule. BLM will also address the
subject in internal guidance, as discussed below.
For each category of Indian and Federal mineral resource
information, one Departmental office or bureau has been identified in
the Tripartite Agreement of September 6, 1991, (Tripartite Agreement)
among BLM, the Bureau of Indian Affairs (BIA) and the Minerals
Management Service (MMS), as the Office of Primary Control (OPC) for
information shared among agencies, as provided by FOIA. The OPC, under
43 CFR 2.15(b)(2), decides whether to grant or deny the FOIA request
based on provisions in the FOIA regulations. The BLM, in concert with
BIA and MMS, in Appendix D of the Tripartite Agreement, classified
various types of mineral resources information as ``public'' or ``non-
public.'' ``Public'' information is available without a written FOIA
request at any agency office possessing such information. ``Non-
public'' information may be available to the public only if a written
FOIA request is submitted. ``Public'' Indian and Federal information
would be available on request from any agency possessing the
information, without a FOIA request. See BLM Manual Section 1278--
External Access to BLM Information. BLM is preparing further internal
guidance: guidelines that list public and other information for various
mineral commodities, and an Instruction Memorandum further explaining
the FOIA exemptions and IMDA, and directing agency officials how to
proceed under each.
Any FOIA request for information that is obviously confidential
will be denied by the OPC without contacting the submitter or BIA.
Information that may arguably be confidential would be reviewed by the
OPC for possible disclosure. The OPC would first contact the submitter,
as provided by 43 CFR part 2, and then, if necessary, BIA. If either
the submitter or BIA acting on behalf of an Indian mineral owner can
demonstrate that the requested information is exempt from disclosure
based on the FOIA regulations, the disclosure request would be denied.
Lists of ``non-public'' information were developed by mineral
specialists. The lists are broad and include commercial and financial
information, trade secrets, reserve data, solid mineral production
data, geologic and geophysical data, and similar data. The lists are
available for public review and information as noted in the preamble of
the proposed rule.
A comment on behalf of an Indian tribe referred to the tribe's
development of its own mineral resources and noted that disclosure of
those items specifically identified by the FOIA exemptions, e.g.,
commercial and financial information, could harm the competitive
position of the tribe. The BLM agrees with this comment in principle.
Procedures to consider the impact on Indian mineral owners are provided
for in paragraph (d) of the standard section.
The comment also noted that the proposed ``regulations do not make
it absolutely clear that if an objection is raised by an Indian tribe *
* * the information will not be released.'' FOIA places the
responsibility to make an informed decision on a FOIA request with the
agency. The agency, in turn, considers input from the submitter and
Indian mineral owner in light of the guidelines in the FOIA regulations
and any applicable case law. In some instances, the OPC may be
obligated to disclose information even though the submitter or the
Indian mineral owner objects.
[[Page 52948]]
The same comment questioned the interpretation of IMDA (25 U.S.C.
2101 et seq.) as it relates to public access to information. In the
preamble of the proposed rule, BLM took the position that Section 4(c)
of IMDA, 25 U.S.C. 2103(c), protects information relating to the
findings that form the basis of the decision of the Secretary of the
Interior (the Secretary) to approve or disapprove an agreement,
including the terms and conditions of such agreements and the agreed
manner of disposition of the mineral resource. Such information is
confidential under the IMDA statute and thus is not subject to
disclosure, as recognized by exemption 3 of FOIA (specifically exempted
from disclosure by statute).
Two comments inquired as to why exemption 3 status was not also
provided to mineral production information received after approval of
an IMDA agreement, since ``production,'' ``products,'' and ``proceeds''
are referred to in Section 4(c) of IMDA. BLM agrees with the comment,
noting that the legislative history of Section 4(c) of IMDA reflects an
intention to protect ``all information of a business or financial
character relating to such agreements.'' H.R. Rep. No. 746, 97th Cong.
2nd Sess. 5 (1982). Therefore, projections, studies, data, or other
information regarding the terms and conditions of the agreement, the
financial return from the agreement, and information as to the extent,
nature, value, or disposition of mineral resources, all enjoy exemption
3 status. So does proprietary information on exploration, development,
and production pertaining to an agreement, but created after the
Secretary's approval of the agreement. We have revised standard
paragraph (c) in the final rule accordingly.
A tribal comment noted that the Indian mineral owner does not have
the opportunity to mark Indian information as confidential as required
by the proposed rule. The comment recommended that the standard
paragraphs be changed to require Indian mineral owners to mark all
Indian information as confidential, allowing no release without prior
approval of the mineral owner. For the submitter to mark all Indian
information confidential is not appropriate, because Indian information
held by BLM is subject to FOIA disclosure except to the extent it is
protected by a specific exemption. Moreover, marking is not a
prerequisite to protection. Whether the information is marked or not,
BLM must review it to determine whether disclosure is appropriate. As
noted above, the impact of disclosure on both the Indian mineral owner
and submitter, based on the FOIA exemptions, will be considered in the
OPC's decision.
The same comment requested that standard paragraph (c) be expanded
to state that all Indian information relating to IMDA, or the Indian
Mineral Leasing Act of 1938, or any other act of Congress, including
well applications and reports, will be held confidential unless
disclosure is approved by the Indian mineral owner. Paragraph (c)
codifies the special protections afforded information furnished in
connection with the Secretary's approval of mineral development
agreements authorized by IMDA. There is no similar basis for exempting
all other Indian information from the disclosure requirements of FOIA.
As noted above, a change in standard paragraph (c) has been made to
clarify the scope of Section 4(c) of the IMDA.
The comment recommended a provision that would give Indian and
Indian land information a presumption of privilege and confidentiality.
The writer also expressed concern that the rule as proposed would
adversely affect Indian tribes whose land holdings have oil and gas
development potential. The oil and gas regulations, as previously
written at section 3162.8, specifically made reference to
``confidential and privileged'' Indian information, requiring that such
information not be released without ``the express authorization'' of
the Indian mineral owner. We do not anticipate any significant impact
on Indian mineral owners, because FOIA has always required disclosure
in the absence of a FOIA exemption or a statutory guarantee of
confidentiality. To the extent that prior regulations may have been
read otherwise, those regulations were unenforceable. Under the final
rule, ``confidential and privileged'' Indian information will not be
disclosed. However, it is the responsibility of the OPC to reach an
informed decision as to whether particular information is
``confidential and privileged,'' based on FOIA regulations, which would
include considering the effect of disclosure on the Indian mineral
owner. Additionally, as previously stated, it will be BLM policy to
consult with the Indian mineral owner through the BIA, if the requested
information is not clearly confidential. In situations where it is
clear, the OPC would reach a decision without consultation.
A second Indian tribe also commented that the Indian information
differs from Federal information in the BLM's possession in that it was
obtained to fulfill a trust responsibility to the Indians. The comment
went on to state that disclosure of Indian information, when it does
not protect the best interests of the Indian mineral owner, would
violate that trust. The comment noted that exemption 4 protects certain
information from disclosure, that FOIA does not limit consultation to
the submitter, and that contact must be made with the land or mineral
owner.
Absent statutory authority otherwise, records in the possession and
control of the United States are subject to FOIA, regardless of the
reason the government received the information. However, being subject
to FOIA does not mean that all information will be disclosed. The
information exempted from disclosure under FOIA will not be disclosed.
While certain information is obviously exempt from disclosure, the
status of some information is ambiguous. It is this ambiguity which
requires a review of any request for some borderline information with
specific attention to the interests of the submitter and the Indian
mineral owner. Abiding by the provisions of FOIA fulfills BLM's trust
responsibilities.
BLM agrees with the comment that Indian mineral owners may have a
commercial interest in data submitted by a company that through lease
or other contract has information concerning the Indian minerals, even
if the submitting company does not have such an interest in protecting
that information. For example, the company may be prepared to
relinquish the lease, whereupon the Indian mineral owner is likely to
re-offer the tract for lease. The disclosure of data from the existing
lessee's seismic work, drilling, or production could significantly
affect the number and level of potential bids to lease the Indian
minerals.
The protection of exemption 4 of FOIA extends to commercial and
financial information of an Indian mineral owner obtained from a person
outside the government, if release would be competitively harmful to
the Indian mineral owner. That protection is not lost merely because
the immediate submitter of the data to the Department was not the
Indian mineral owner, but a party in contractual privity with the
Indian mineral owner. Sensitive data concerning the Indian's minerals
must be provided to the government by the lessee/contractor, because of
the trust relationship, which the government does not receive for other
private lands. Therefore, construing the exemption to protect only the
immediate submitter (lessee/contractor) would put the Indian in a
disadvantageous position vis-a-vis other
[[Page 52949]]
mineral owners. Contrariwise, the United States owes special duties to
the Indian mineral owner. While the trust relationship, in and of
itself, does not afford confidentiality to data that would otherwise be
releasable, the trust relationship should not cause Indian mineral
owners to lose the confidentiality enjoyed by those private mineral
owners whose mineral information is not disclosed to the Federal
Government. Therefore, BLM agrees with the comment that the Indian
mineral owner should have notice, and an opportunity to object if the
submitter has not established that the Indian interest in the record
can be protected. The bases for such consultation are the submitter's
contractual privity with the Indian mineral owner and the trust
responsibility of the Secretary.
In the preamble of the proposed rule, BLM announced its intention
to consult with the Indian mineral owner when it receives a request for
commercial or financial information that may be protected by exemption
4. BLM received no comments opposing this policy. Accordingly, the
final rule contains an additional paragraph (d) providing Indian
mineral owners an opportunity to object to disclosure, when BLM is
uncertain whether the information is data protected by exemption 4.
Paragraph (d)(1) reflects BLM's commitment to asserting such FOIA
exemptions as are available to protect the confidentiality of Indian
information. Paragraph (2) addresses the situation in which, following
consultation with the submitter, BLM determines that the submitter has
no interest in withholding the data that can be protected, but Indian
mineral owners may have interests protected by exemption 4. It provides
that the agency will notify the Indian mineral owners of record of such
requests and offer to consider the owner's view as to whether there are
grounds under exemption 4 for withholding the information requested.
This parallels the procedures for consultation with submitters and
will apply only in the cases in which BLM is unable to determine
independently whether the information is protected under exemption 4,
taking into account the nature and age of the data. No notification
will take place if BLM can determine that the data is commercial or
financial information that can be protected. BLM is dependent on the
records of BIA for the identity and addresses of the Indian mineral
owners. BLM fulfills the requirements of paragraph (d) when it mails
notice of the opportunity to object to disclosure to the last known
address of the record mineral owner and waits a reasonable time for a
response.
The same comment also stated that Indian tribes have enacted tribal
laws prohibiting their lessees from publicly disclosing information
regardless of the authorizing leasing statute. The comment stated that
the BLM may not ``undercut'' tribal law. The FOIA places statutory
requirements and responsibilities on the BLM. Public disclosure is
required by FOIA, but FOIA also provides exemptions to avoid
competitive harm, protect trade secrets, and prevent unwarranted
invasion of personal privacy. Tribal laws cannot exempt BLM from
compliance with Federal statutes, such as FOIA. However, the OPC will
fully weigh the reasons for any objection from the Indian mineral
owner, and to the extent permitted by Federal law will protect the
confidentiality of these data. With the range of exemptions and court
interpretation of those exemptions, BLM expects to be able to protect
justifiable Indian mineral owner expectations of confidentiality. To
emphasize the BLM policy of consulting with the Indian or Indian tribe
when appropriate, paragraph (d) is added as noted in the previous
paragraph.
The comment further noted that exemption 4 protects certain
information from disclosure, that FOIA does not limit consultation to
the submitter, and that contact must be made with the landowner. FOIA
requires contact with the ``submitter.'' However, in the case of public
request for Indian mineral information, when BLM determines that it is
appropriate to contact the submitter, we will contact the industry
submitter first as provided in 43 CFR 2.15(d). If BLM determines that
the submitter does not have an interest in withholding the records that
can be protected under FOIA, and we have reason to believe but are not
certain that disclosure of the information may result in commercial or
financial injury to the Indian mineral owner, we will give notice to
the Indian mineral owner. The OPC will be particularly sensitive to
impacts on the Indian mineral owner to the extent allowed by law.
The comment noted that exemption 9 pertains to a myriad of
information in BLM files and would permit the BLM to withhold most
Indian mineral information. The comment is correct, but this exemption
concerns ``wells'' only. Under BLM policy, this exemption applies to
geologic and geophysical information obtained from a well, exploration
hole, or any excavation revealing such information. Information that
does not concern a ``well'' could be exempt under another exemption,
especially exemption 4 (commercial and financial information).
The comment rejected ``the notion that compliance with FOIA
requires that the BLM adopt the proposed regulations.'' As stated
above, BLM cannot by regulation protect what Federal statute requires
to be disclosed.
The comment noted that contact with the Indian mineral owner would
be helpful in determining whether the Indian mineral owner will be
adversely affected, and that contact would be needed for consent to
disclosure. As noted previously, the OPC will consult the submitter and
then, if necessary, the Indian mineral owner, when such consultation is
appropriate under FOIA. Once the OPC has determined that certain
information is exempt from disclosure, the FOIA request would be denied
without further contact with the Indian mineral owner or the submitter.
Nonconsent, absent protection by a FOIA exemption, cannot prevent
disclosure after full consideration of relevant information and
consultation.
All of the commenting governmental agencies generally supported the
goals of the proposed rule. One comment suggested that the BLM
coordinate closely with the BIA or the Indian mineral owner prior to
disclosure of information. As previously discussed, the OPC will
contact the submitter first, and then, if necessary because there is a
question as to whether Indian interests will be put at risk, the Indian
mineral owner(s) as disclosed in BIA records. A FOIA request may be
denied if either of these parties demonstrates to the satisfaction of
BLM that the information may be withheld from the public based on the
FOIA exemptions.
Another agency's comment suggested that to expect a private party
to mark confidential information with specific notations, and to
separate it from other information, is not realistic. The comment
suggested that any marking that clearly indicates confidential
information is sufficient. BLM agrees. As noted above, a change in
standard paragraph (b) should resolve this concern.
One internal comment stated that removal of section 3590.1 would
hamper administration of solid mineral leases and permits. The section
has not been restored in the final rule, but section 3500.5-2 of the
final rule pertains to information submitted under part 3590 as well as
the rest of the regulations on leasing and management of solid minerals
other than coal.
[[Page 52950]]
III. Final Rule as Adopted
To summarize, the standard paragraphs presented in the proposed
rule have been modified and paragraph (d) has been added. These
paragraphs are added to BLM's mineral regulations in this final rule
where and as appropriate. All four paragraphs have been added to the
introductory regulations on oil and gas leasing in part 3100, the
regulations on geothermal resources leasing in part 3200, and the
regulations on leasing of solid minerals other than coal and oil shale
in part 3500. Only paragraphs (a) and (b) have been incorporated in the
regulations on mineral material disposal and sale in part 3600 and the
regulations on mining under the mining laws in part 3800.
The standard paragraphs are:
(a) All data and information concerning Federal and Indian minerals
submitted under parts ________ are subject to part 2 of this title,
except as provided in paragraph (c) of this section. Part 2 of this
title includes the regulations of the Department of the Interior
covering the public disclosure of data and information contained in
Department of the Interior records. Certain mineral information not
protected from public disclosure under part 2 of this title may be made
available for inspection without a Freedom of Information Act (5 U.S.C.
552) request.
(b) When you submit data and information under parts ________ that
you believe to be exempt from disclosure to the public, you must
clearly mark each page that you believe contains confidential
information. BLM will keep all data and information confidential to the
extent allowed by Sec. 2.13(c) of this title.
(c) Under the Indian Mineral Development Act of 1982 (IMDA) (25
U.S.C. 2101 et seq.), the Department of the Interior will hold as
privileged proprietary information of the affected Indian or Indian
tribe--
(1) All findings forming the basis of the Secretary's intent to
approve or disapprove any Minerals Agreement under IMDA; and
(2) All projections, studies, data, or other information concerning
a Minerals Agreement under IMDA, regardless of the date received,
related to--
(i) The terms, conditions, or financial return to the Indian
parties;
(ii) The extent, nature, value, or disposition of the Indian
mineral resources; or
(iii) The production, products, or proceeds thereof.
(d) For information concerning Indian minerals not covered by
paragraph (c) of this section--
(1) BLM will withhold such records as may be withheld under an
exemption to the Freedom of Information Act (FOIA) when it receives a
request for information related to tribal or Indian minerals held in
trust or subject to restrictions on alienation;
(2) BLM will notify the Indian mineral owner(s) identified in the
records of the Bureau of Indian Affairs (BIA), and BIA, and give them a
reasonable period of time to state objections to disclosure, using the
standards and procedures of Sec. 2.15(d) of this title, before making a
decision about the applicability of FOIA exemption 4 to:
(i) Information obtained from a person outside the United States
Government; when
(ii) Following consultation with a submitter under Sec. 2.15(d) of
this title, BLM determines that the submitter does not have an interest
in withholding the records that can be protected under FOIA; but
(iii) BLM has reason to believe that disclosure of the information
may result in commercial or financial injury to the Indian mineral
owner(s), but is uncertain that such is the case.
As indicated in the proposed rule, the standard paragraphs will
eventually be incorporated in all BLM mineral regulations. The
provision for coal (part 3400), will be added in a subsequent proposed
rule amending other aspects of that program.
We have amended sections 3514.5, 3524.5, 3534.5, 3544.5, 3554.5,
and 3585.5-9 editorially in this final rule to restore language to the
provision that was inadvertently removed in the proposed rule. This
language allows BLM to make public any information submitted under an
exploration license once BLM has issued a solid mineral lease.
In response to a Congressional moratorium on publishing amendments
of 43 CFR subpart 3809 (see Section 339 of the Department of the
Interior and Related Agencies Appropriations Act of 1998, P.L. 105-83),
we have removed from this final rule the provision adding standard
paragraphs (a) and (b) to subpart 3809.
IV. Procedural Matters
The principal author of this final rule is Sid Vogelpohl, Jackson
District, Division of Mineral Resources, assisted by Ted Hudson of the
Regulatory Affairs Group, BLM, and Dennis Daugherty of the Office of
the Solicitor, Department of the Interior.
National Environmental Policy Act
It is hereby determined that this final rule does not constitute a
major Federal action significantly affecting the quality of the human
environment, and that no detailed statement pursuant to Section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) is required. The BLM has determined that this final rule is
categorically excluded from further environmental review pursuant to
516 Departmental Manual (DM), Chapter 2, Appendix 1, Item 1.10, and
that the proposal would not significantly affect the 10 criteria for
exceptions listed in 516 DM 2, Appendix 2. Pursuant to the Council on
Environmental Quality regulations (40 CFR 1508.4) and environmental
policies and procedures of the Department, ``categorical exclusions''
means a category of actions that the Department has determined
ordinarily do not individually or cumulatively have a significant
effect on the human environment. In this case, the regulations are
purely of an administrative and procedural nature, relating to the form
in which information relating to mineral exploration and development
must be submitted to keep it confidential, and how BLM will handle such
information.
Executive Order No. 12866
This rule was not subject to review by the Office of Management and
Budget under Executive Order 12866. The rule enhances competition by
providing mechanisms to protect proprietary and other information used
by mineral interests to protect their competitive positions, among
other purposes. The only substantive requirement the rule imposes on
the regulated public is to mark the material that such public wishes to
be kept confidential. (Some of the regulations that are superseded by
this final rule have similar requirements.) The effect of the rule on
the national economy will be minimal, and would by no means approach
$100 million annually.
As of September 30, 1997, there were on public and related lands:
19,061 competitive oil and gas and geothermal leases;
27,014 noncompetitive oil and gas and geothermal leases;
538 solid mineral (other than coal) leases, permits, licenses,
etc.;
3,239 mineral material sales & free use permits;
3,040,117 recorded mining claims (324,651 active), of which 1,073
filed notices with BLM, and 248 filed plans of operations with BLM.
Comparatively few of these mineral authorizations involve the
submission of proprietary, financial, or other data that need to be
marked as confidential. For example, of the 46,000 fluid mineral
[[Page 52951]]
leases shown above in the data for FY 1997, on only about 2,700 were
there new wells started or producible wells completed during the year.
Of these, a very small percentage probably involved submission of such
data. Even assuming that all 2,700 involved such data, the clerical
costs of marking it would have to exceed $37,000 per lease to approach
the $100 million annual threshold.
Of course, oil and gas is just one of the mineral programs affected
by this final rule, but the amount of confidential material submitted
to BLM is probably greatest in this program. The cost of complying with
the rule is clearly minimal.
A large number of entities are affected in a small-to-minuscule way
by this rule. Of course, not all of these entities submit information
that is affected by the final rule, and it is impossible to quantify
those that do each year.
Regulatory Flexibility Act
The Department has determined under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that it will not have a significant economic
impact on a substantial number of small entities. Many of BLM's
customers are small businesses, and both business entities and
government entities, including local governments that may qualify as
small entities, can apply for benefits under BLM's mineral development
regulations. BLM cannot quantify the number of business and government
entities that may explore for minerals, obtain mineral leases, locate
mining claims, obtain mineral material permits, or seek patents under
the mining laws, and qualify as small under the Act. However, the only
cost imposed by this final rule is the clerical cost of marking each
page that the entity wishes to protect from disclosure under FOIA, a
cost that is already required by some of the existing regulations that
are being replaced.
Small Business Regulatory Enforcement Fairness Act.
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act (SBREFA). This rule:
a. Will not have an annual effect on the economy of $100 million or
more.
Very many of the leases, permits, claims, etc., referred to in the
previous two sections are held or operated by small entities, including
individual mining claimants with 10 or fewer claims, small towns that
buy sand and gravel from public lands, and probably 90 percent of oil
and gas operators. From the data available, however, it is impossible
to say precisely how many meet the definition of a small entity.
However, even if it is a substantial number, it is very unlikely, as
shown in the previous section, that the economic effects on any of them
will be measurable, much less significant.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The rule will not affect government
agencies other than BLM, for which we hope it will marginally reduce
costs. Based on the discussion in the section on Executive Order 12866,
above, we conclude that the effect of the rule on industry and ripple
effects on the economy will be de minimis.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. See
the discussion in the section on Executive Order No. 12866, above.
Unfunded Mandates Reform Act
This final rule does not include any Federal mandate that may
result in expenditures of $100 million or more in any one year by
State, local, and tribal governments in the aggregate, or to the
private sector. The only expenditure resulting from the rule will be
the additional clerical cost to the entity submitting mineral
information of marking certain pages of that information
``confidential'' that the entity wishes to be withheld from disclosure.
Therefore, a Section 202 statement under the Unfunded Mandates Reform
Act is not required.
Executive Order No. 12612
Because the rule does not impose requirements on any government
entity other than the Federal Government, BLM has determined that the
final rule does not have sufficient federalism implications to warrant
BLM preparation of a Federalism Assessment.
Executive Order No. 12630
The Department has determined that this final rule does not
represent a governmental action capable of interference with
constitutionally protected property rights. The rule does not relate to
the physical taking of real or personal property. The rule does provide
mechanisms for protection of property rights in proprietary information
to the extent allowed by law. Therefore, as required by Executive Order
12630, the Department certifies that the rule would not cause a taking
of private property.
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under 44 U.S.C.
3501 et seq.
Executive Order No. 12988
The Department hereby certifies to the Office of Management and
Budget that this final rule meets the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects
43 CFR Part 3100
Confidential business information, Freedom of information,
Government contracts, Indians--lands, Mineral royalties, Oil and gas
exploration, Public lands--mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3150
Administrative practice and procedure, Alaska, Oil and gas
exploration, Public lands--mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
43 CFR Part 3160
Administrative practice and procedure, Government contracts,
Indians--lands, Mineral royalties, Oil and gas exploration, Penalties,
Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3180
Government contracts, Mineral royalties, Oil and gas exploration,
Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3200
Confidential business information, Freedom of information,
Geothermal energy, Government contracts, Indians--lands, Mineral
royalties, Public lands--mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3500
Confidential business information, Freedom of information,
Government contracts, Indians--lands, Mineral royalties, Mines, Public
lands--mineral resources, Reporting and recordkeeping requirements,
Surety bonds.
43 CFR Part 3510
Government contracts, Mineral royalties, Mines, Phosphate, Public
lands--mineral resources, Reporting and recordkeeping requirements,
Surety bonds.
[[Page 52952]]
43 CFR Part 3520
Government contracts, Mineral royalties, Mines, Public lands--
mineral resources, Reporting and recordkeeping requirements, Sodium,
Surety bonds.
43 CFR Part 3530
Government contracts, Mineral royalties, Mines, Potassium, Public
lands--mineral resources, Reporting and recordkeeping requirements,
Surety bonds.
43 CFR Part 3540
Government contracts, Mineral royalties, Mines, Public lands--
mineral resources, Reporting and recordkeeping requirements, Sulfur,
Surety bonds.
43 CFR Part 3550
Government contracts, Hydrocarbons, Mineral royalties, Mines,
Public lands--mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
43 CFR Part 3580
Government contracts, Mineral royalties, Mines, Public lands--
mineral resources, Recreation and recreation areas, Surety bonds.
43 CFR Part 3590
Environmental protection, Government contracts, Indians--lands,
Mines, Public lands--mineral resources, Reporting and recordkeeping
requirements.
43 CFR Part 3600
Confidential business information, Freedom of information, Public
lands--mineral resources, Reporting and recordkeeping requirements.
43 CFR Part 3800
Administrative practice and procedure, Confidential business
information, Environmental protection, Freedom of information,
Intergovernmental relations, Mines, Public lands--mineral resources,
Reporting and recordkeeping requirements, Surety bonds, Wilderness
areas.
43 CFR Part 3860
Mines, Public lands--mineral resources, Reporting and recordkeeping
requirements.
Dated: September 28, 1998.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
For the reasons stated in the Preamble, and under the authority of
the Freedom of Information Act as amended and supplemented (5 U.S.C.
552), parts 3100, 3150, 3160, 3180, 3200, 3500, 3510, 3520, 3530, 3540,
3550, 3580, 3590, 3600, 3800, and 3860, Subchapter C, Chapter II, Title
43 of the Code of Federal Regulations are amended as set forth below:
PART 3100--OIL AND GAS LEASING
1. The authority citation for part 3100 is revised to read as
follows:
Authority: 16 U.S.C. 3150(b) and 668dd; 30 U.S.C. 189, 306, and
359; 43 U.S.C. 1201, 1732(b), 1733, 1734, and 1740; 95 Stat. 748;
and 111 Stat. 1629.
2. Section 3100.4 is added to read as follows:
Sec. 3100.4 Public availability of information.
(a) All data and information concerning Federal and Indian minerals
submitted under this part 3100 and parts 3110 through 3190 of this
chapter are subject to part 2 of this title, except as provided in
paragraph (c) of this section. Part 2 of this title includes the
regulations of the Department of the Interior covering the public
disclosure of data and information contained in Department of the
Interior records. Certain mineral information not protected from public
disclosure under part 2 of this title may be made available for
inspection without a Freedom of Information Act (FOIA) (5 U.S.C. 552)
request.
(b) When you submit data and information under this part 3100 and
parts 3110 through 3190 of this chapter that you believe to be exempt
from disclosure to the public, you must clearly mark each page that you
believe includes confidential information. BLM will keep all such data
and information confidential to the extent allowed by Sec. 2.13(c) of
this title.
(c) Under the Indian Mineral Development Act of 1982 (IMDA) (25
U.S.C. 2101 et seq.), the Department of the Interior will hold as
privileged proprietary information of the affected Indian or Indian
tribe--
(1) All findings forming the basis of the Secretary's intent to
approve or disapprove any Minerals Agreement under IMDA; and
(2) All projections, studies, data, or other information concerning
a Minerals Agreement under IMDA, regardless of the date received,
related to--
(i) The terms, conditions, or financial return to the Indian
parties;
(ii) The extent, nature, value, or disposition of the Indian
mineral resources; or
(iii) The production, products, or proceeds thereof.
(d) For information concerning Indian minerals not covered by
paragraph (c) of this section--
(1) BLM will withhold such records as may be withheld under an
exemption to FOIA when it receives a request for information related to
tribal or Indian minerals held in trust or subject to restrictions on
alienation;
(2) BLM will notify the Indian mineral owner(s) identified in the
records of the Bureau of Indian Affairs (BIA), and BIA, and give them a
reasonable period of time to state objections to disclosure, using the
standards and procedures of Sec. 2.15(d) of this title, before making a
decision about the applicability of FOIA exemption 4 to:
(i) Information obtained from a person outside the United States
Government; when
(ii) Following consultation with a submitter under Sec. 2.15(d) of
this title, BLM determines that the submitter does not have an interest
in withholding the records that can be protected under FOIA; but
(iii) BLM has reason to believe that disclosure of the information
may result in commercial or financial injury to the Indian mineral
owner(s), but is uncertain that such is the case.
PART 3150--ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION
3. The authority citation for part 3150 is revised to read as
follows:
Authority: 16 U.S.C. 3150(b) and 668dd; 30 U.S.C. 189 and 359;
42 U.S.C. 6508; 43 U.S.C. 1201, 1732(b), 1733, 1734, 1740.
4. Section 3152.6(b) is revised to read as follows:
Sec. 3152.6 Collection and submission of data.
* * * * *
(b) All information submitted under this section is subject to part
2 of this title, which sets forth the rules of the Department of the
Interior relating to public availability of information contained in
Departmental records, as provided at Sec. 3100.4 of this chapter.
PART 3160--ONSHORE OIL AND GAS OPERATIONS
5. The authority citation for part 3160 is revised to read as
follows:
Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and
1751; and 43 U.S.C. 1732(b), 1733, and 1740.
Sec. 3162.8 [Removed]
6. Section 3162.8 is removed in its entirety.
PART 3180--ONSHORE OIL AND GAS UNIT AGREEMENTS: UNPROVEN AREAS
7. The authority citation for part 3180 is revised to read as
follows:
[[Page 52953]]
Authority: 30 U.S.C. 189.
8. Section 3181.2 is amended by revising the sixth sentence, to
read as follows:
Sec. 3181.2 Designation of unit area; depth of test well.
* * * All information submitted under this section is subject to
part 2 of this title, which sets forth the rules of the Department of
the Interior relating to public availability of information contained
in Departmental records, as provided under this part at Sec. 3100.4 of
this chapter. * * *
PART 3200--GEOTHERMAL RESOURCES LEASING: GENERAL
9. The authority citation for part 3200 is revised to read as
follows:
Authority: 5 U.S.C. 552; 25 U.S.C. 396d, 2107; 30 U.S.C. 1023.
10. Section 3255.13 is added to read as follows:
Sec. 3255.13 How will BLM treat Indian information submitted under the
Indian Mineral Development Act?
Under the Indian Mineral Development Act of 1982 (IMDA) (25 U.S.C.
2101 et seq.), the Department of the Interior will hold as privileged
proprietary information of the affected Indian or Indian tribe--
(a) All findings forming the basis of the Secretary's intent to
approve or disapprove any Minerals Agreement under IMDA; and
(b) All projections, studies, data, or other information concerning
a Minerals Agreement under IMDA, regardless of the date received,
related to--
(1) The terms, conditions, or financial return to the Indian
parties;
(2) The extent, nature, value, or disposition of the Indian mineral
resources; or
(3) The production, products, or proceeds thereof.
11. Section 3255.14 is added to read as follows:
Sec. 3255.14 How will BLM administer information concerning other
Indian minerals?
For information concerning Indian minerals not covered by
Sec. 3255.13, BLM will withhold such records as may be withheld under
an exemption to the Freedom of Information Act (FOIA) (5 U.S.C. 552)
when it receives a request for information related to tribal or Indian
minerals held in trust or subject to restrictions on alienation.
12. Section 3255.15 is added to read as follows:
Sec. 3255.15 When will BLM consult with Indian mineral owners when
information concerning their minerals is the subject of a FOIA request?
BLM will notify the Indian mineral owner(s) identified in the
records of the Bureau of Indian Affairs (BIA), and BIA, and give them a
reasonable period of time to state objections to disclosure, using the
standards and procedures of Sec. 2.15(d) of this title, before making a
decision about the applicability of FOIA exemption 4 to:
(a) Information obtained from a person outside the United States
Government; when
(b) Following consultation with a submitter under Sec. 2.15(d) of
this title, BLM determines that the submitter does not have an interest
in withholding the records that can be protected under FOIA; but
(c) BLM has reason to believe that disclosure of the information
may result in commercial or financial injury to the Indian mineral
owner(s), but is uncertain that such is the case.
PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE
13. The authority citation for part 3500 is revised to read as
follows:
Authority: 5 U.S.C. 552; 5 U.S.C. appendix; 16 U.S.C. 90c-1,
460n-5, 460q-5, 460dd-2, 460mm-4, 508(b); 25 U.S.C. 396d, 2107; 30
U.S.C. 189, 192c, 293, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b),
1733, 1740; 47 Stat. 1487.
14. Section 3500.5 is revised to read as follows:
Sec. 3500.5 Document submission and availability.
15. Section 3500.5-1 is added to read as follows:
Sec. 3500.5-1 Filing of documents.
All necessary documents must be filed in the proper BLM office. A
document will be considered filed when it is received in the proper BLM
office.
16. Section 3500.5-2 is added to read as follows:
Sec. 3500.5-2 Public availability of information.
(a) All data and information concerning Federal and Indian minerals
submitted under this part 3500 and parts 3510, 3520, 3530, 3540, 3550,
3560, 3570, 3580, and 3590 of this chapter are subject to part 2 of
this title, except as provided in paragraph (c) of this section. Part 2
of this title includes the regulations of the Department of the
Interior covering the public disclosure of data and information
contained in Department of the Interior records. Certain mineral
information not protected from public disclosure under part 2 of this
title may be made available for inspection without a Freedom of
Information Act (FOIA) (5 U.S.C. 552) request.
(b) When you submit data and information under this part 3500 and
parts 3510, 3520, 3530, 3540, 3550, 3560, 3570, 3580, and 3590 of this
chapter that you believe to be exempt from disclosure to the public,
you must clearly mark each page that you believe includes confidential
information. BLM will keep all data and information confidential to the
extent allowed by Sec. 2.13(c) of this title.
(c) Under the Indian Mineral Development Act of 1982 (IMDA) (25
U.S.C. 2101 et seq.), the Department of the Interior will hold as
privileged proprietary information of the affected Indian or Indian
tribe--
(1) All findings forming the basis of the Secretary's intent to
approve or disapprove any Minerals Agreement under IMDA; and
(2) All projections, studies, data, or other information concerning
a Minerals Agreement under IMDA, regardless of the date received,
related to--
(i) The terms, conditions, or financial return to the Indian
parties;
(ii) The extent, nature, value, or disposition of the Indian
mineral resources; or
(iii) The production, products, or proceeds thereof.
(d) For information concerning Indian minerals not covered by
paragraph (c) of this section--
(1) BLM will withhold such records as may be withheld under an
exemption to FOIA when it receives a request for information related to
tribal or Indian minerals held in trust or subject to restrictions on
alienation;
(2) BLM will notify the Indian mineral owner(s), as identified in
the records of the Bureau of Indian Affairs (BIA), and BIA, and give
them a reasonable period of time to state objections to disclosure
using the standards and procedures of Sec. 2.15(d) of this title,
before making a decision about the applicability of FOIA exemption 4
to:
(i) Information obtained from a person outside the United States
Government; when
(ii) Following consultation with a submitter under Sec. 2.15(d) of
this title, BLM determines that the submitter does not have an interest
in withholding the records that can be protected under FOIA; but
(iii) BLM has reason to believe that disclosure of the information
may result in commercial or financial injury to the
[[Page 52954]]
Indian mineral owner(s), but is uncertain that such is the case.
PART 3510--PHOSPHATE
17. The authority citation for part 3510 is revised to read as
follows:
Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30
U.S.C. 189, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733,
1740; 47 Stat. 1487.
18. Section 3514.5 is revised to read as follows:
Sec. 3514.5 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any of such data to be
held confidential, BLM will not make it public.
PART 3520--SODIUM
19. The authority citation for part 3520 is revised to read as
follows:
Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30
U.S.C. 189, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733,
1740; 47 Stat. 1487.
20. Section 3524.5 is revised to read as follows:
Sec. 3524.5 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any such data to be held
confidential, BLM will not make it public.
PART 3530--POTASSIUM
21. The authority citation for part 3530 is revised to read as
follows:
Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30
U.S.C. 189, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733,
1740; 47 Stat. 1487.
22. Section 3534.5 is revised to read as follows:
Sec. 3534.5 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any such data to be held
confidential, BLM will not make it public.
PART 3540--SULPHUR
23. The authority citation for part 3540 is revised to read as
follows:
Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30
U.S.C. 189, 359; 31 U.S.C. 9701; 43 U.S.C.1201, 1732(b), 1733, 1740;
47 Stat. 1487.
24. Section 3544.5 is revised to read as follows:
Sec. 3544.5 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any such data to be held
confidential, BLM will not make it public.
PART 3550--``GILSONITE'' (INCLUDING ALL VEIN-TYPE SOLID
HYDROCARBONS)
25. The authority citation for part 3550 is revised to read as
follows:
Authority: 30 U.S.C. 189, 359; 31 U.S.C. 9701; 43 U.S.C. 1201,
1732(b), 1733, 1740.
26. Section 3554.5 is revised to read as follows:
Sec. 3554.5 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any such data to be held
confidential, BLM will not make it public.
PART 3580--SPECIAL LEASING AREAS
27. The authority citation for part 3580 is revised to read as
follows:
Authority: 16 U.S.C. 90c-1, 460n-5, 460q-5, 460dd-2, 460mm-4; 30
U.S.C. 189, 293, 359; 31 U.S.C. 9701; 43 U.S.C. 1201, 1732(b), 1733,
1740; 47 Stat. 1487.
28. Section 3585.5-9 is revised to read as follows:
Sec. 3585.5-9 Submission of data.
The licensee must furnish to BLM copies of all data obtained during
exploration. If part 2 of this title requires any such data to be held
confidential, BLM will not make it public.
PART 3590--SOLID MINERALS (OTHER THAN COAL) EXPLORATION AND MINING
OPERATIONS
29. The authority citation for part 3590 is revised to read as
follows:
Authority: 5 U.S.C. Appendix; 16 U.S.C. 90c-1, 460n-5, 460q-5,
460dd-2 et seq., 460mm-4, 508(b); 25 U.S.C. 396d, 2107; 30 U.S.C.
189, 192c, 293, 359; 31 U.S.C. 9701; 42 U.S.C. 4321 et seq.; 43
U.S.C. 1201, 1732(b), 1733, 1740; 35 Stat. 315; 47 Stat. 1487.
Sec. 3590.1 [Removed]
30. Section 3590.1 is removed.
PART 3600--MINERAL MATERIALS DISPOSAL: GENERAL
31. An authority citation for part 3600 is added to read as
follows:
Authority: 5 U.S.C. 552; 30 U.S.C. 601; 43 U.S.C. 1201, 1732(b),
1733, 1740; Sec. 2, Act of September 28, 1962 (76 Stat. 652).
32. Section 3600.0-8 is added to read as follows:
Sec. 3600.0-8 Public availability of information.
(a) All data and information concerning Federal and Indian minerals
submitted under this part 3600 and parts 3610 and 3620 of this chapter
are subject to part 2 of this title. Part 2 of this title includes the
regulations of the Department of the Interior covering the public
disclosure of data and information contained in Department of the
Interior records. Certain mineral information not protected from public
disclosure under part 2 of this title may be made available for
inspection without a Freedom of Information Act (FOIA) (5 U.S.C. 552)
request.
(b) When you submit data and information under this part 3600 and
parts 3610 and 3620 of this chapter that you believe to be exempt from
disclosure to the public, you must clearly mark each page that you
believe includes confidential information. BLM will keep all data and
information confidential to the extent allowed by Sec. 2.13(c) of this
title.
33. Section 3602.2 is amended by removing the last two sentences of
paragraph (a), and adding a sentence in their place to read as follows:
Sec. 3602.2 Sampling and testing.
(a) * * * All information submitted under this section is subject
to part 2 of this title, which sets forth the rules of the Department
of the Interior relating to public availability of information
contained in Departmental records, as provided under this part at
Sec. 3600.0-8.
* * * * *
PART 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
34. The authority citation for part 3800 is revised to read as
follows:
Authority: 5 U.S.C. 552; 16 U.S.C. 1131-1136, 1271-1287, 1901;
25 U.S.C. 463; 30 U.S.C. 21 et seq., 21a, 22 et seq., 36, 621 et
seq., 1601; 43 U.S.C. 2, 154, 299, 687b-687b-4, 1068 et seq., 1201,
1701 et seq.; 62 Stat. 162.
35. Section 3802.6 is revised to read as follows:
Sec. 3802.6 Public availability of information.
(a) All data and information concerning Federal and Indian minerals
submitted under this subpart 3802 are subject to part 2 of this title.
Part 2 of this title includes the regulations of the Department of the
Interior covering the
[[Page 52955]]
public disclosure of data and information contained in Department of
the Interior records. Certain mineral information not protected from
public disclosure under part 2 may of this title be made available for
inspection without a Freedom of Information Act (5 U.S.C. 552) request.
(b) When you submit data and information under this subpart 3802
that you believe to be exempt from disclosure to the public, you must
clearly mark each page that you believe includes confidential
information. BLM will keep all data and information confidential to the
extent allowed by Sec. 2.13(c) of this title.
PART 3860--MINERAL PATENT APPLICATIONS
36. The authority citation for part 3860 is revised to read as
follows:
Authority: 5 U.S.C. 552; 30 U.S.C. 22 et seq.
37. Section 3862.9 is added to read as follows:
Sec. 3862.9 Public availability of information.
(a) All data and information concerning Federal and Indian minerals
submitted under this part 3860 are subject to part 2 of this title.
Part 2 of this title includes the regulations of the Department of the
Interior covering the public disclosure of data and information
contained in Department of the Interior records. Certain mineral
information not protected from public disclosure under part 2 of this
title may be made available for inspection without a Freedom of
Information Act (5 U.S.C. 552) request.
(b) When you submit data and information under this part 3860 that
you believe to be exempt from disclosure to the public, you must
clearly mark each page that you believe includes confidential
information. BLM will keep all data and information confidential to the
extent allowed by Sec. 2.13(c) of this title.
[FR Doc. 98-26294 Filed 9-30-98; 8:45 am]
BILLING CODE 4310-84-P
