[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Proposed Rules]
[Pages 68649-68659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31695]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 280
RIN 1010-AC48
Prospecting for Minerals Other Than Oil, Gas, and Sulphur in the
Outer Continental Shelf
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule specifies how to conduct Geological and
Geophysical (G&G) prospecting and research for minerals other than oil,
gas, and sulphur in the Outer Continental Shelf (OCS) under a permit;
requires everyone conducting G&G scientific research in the OCS without
a permit to file a notice with us; informs small operators of
environmental laws and regulations for safe and sound practices; and
rewrites the proposed rule in plain English. These revisions respond to
changes in technology and practice.
DATES: We will consider all comments we receive by February 7, 2000. We
will begin reviewing comments then and may not fully consider comments
we receive after February 7, 2000.
ADDRESSES: If you wish to comment, you may mail or hand-carry comments
(three copies) to the Department of the Interior; Minerals Management
Service; Mail Stop 4024; 381 Elden Street; Herndon, Virginia 20170-
4817; Attention: Rules Processing Team. The Rules Processing Team's e-
mail address is: [email protected]
Mail or hand-carry comments with respect to the information
collection burden of the proposed rule to the Office of Information and
Regulatory Affairs; Office of Management and Budget; Attention: Desk
Officer for the Department of the Interior (OMB control number 1010-
0072); 725 17th Street, N.W., Washington, D.C. 20503.
FOR FURTHER INFORMATION CONTACT: Keith Meekins, Resource Evaluation
Division, at (703) 787-1517.
SUPPLEMENTARY INFORMATION: The Outer Continental Shelf Lands Act
(OCSLA) (43 U.S.C. 1331 et seq.) is the basis for our regulations to
administer G&G prospecting and scientific research activities in the
OCS. Section 11(a) of the OCSLA provides authority for the Secretary of
the Interior to allow any person to conduct G&G explorations in the OCS
if the explorations:
(1) Do not interfere with or endanger operations under a lease
covered by the OCSLA; and
[[Page 68650]]
(2) Are not unduly harmful to aquatic life in the area.
The regulations at 30 CFR part 280 implement the Secretary's
authority for prospecting for minerals other than oil, gas, and
sulphur. They prescribe:
(1) Requirements for a permit or statement of intent (notice) to
conduct G&G prospecting or scientific research in the OCS;
(2) Operating procedures for conducting prospecting or scientific
research;
(3) Conditions for reimbursing permittee for certain costs;
(4) Other conditions for conducting prospecting and research; and
(5) Procedures for drilling deep stratigraphic tests in the OCS.
Our intent is to create parallelism with the regulations for G&G
exploration on the OCS for oil, gas, and sulphur (30 CFR part 251), and
we welcome comments on this.
Background for Expanding the Notice Requirement
We developed the revised requirement for a notice before conducting
any G&G scientific research to address instances in which academic and
other institutions conduct research and:
(1) They or industry sponsors hold the data and analyze and process
information as proprietary; and
(2) They also offer for sale at least some data and information.
We define activities that meet these criteria as G&G prospecting
and do not consider them G&G scientific research. A permit is required
for prospecting. For these reasons, we need the expanded notice
requirement to inform us of any G&G scientific research conducted on
the OCS related to minerals other than oil, gas, and sulphur. After
receiving the notice, we will inform those conducting research of all
necessary environmental regulations and laws. In this way, the
researcher will be better able to follow safe and environmentally sound
practices.
Discussion of Proposed Rule
These revisions bring 30 CFR part 280--Prospecting for Minerals
Other Than Oil, Gas, and Sulphur--up to date with recent changes in the
related regulations at 30 CFR part 251.
Section 280.1 of the proposed regulation updates the definition
list by removing unnecessary words and adding, modifying, or expanding
definitions.
Section 280.11 explains that a notice will be required for all G&G
scientific research related to minerals other than oil, gas, and
sulphur conducted in the OCS, except for research requiring a permit.
Section 280.12 clarifies that at the earliest possible time, the
data and information acquired through scientific research will be made
available to the public by the permittee or person filing a notice.
Section 280.13 provides the current addresses of our regional
offices as filing locations for permit applications and notices.
Section 280.22 specifies that a permittee must request in writing
to modify or extend operations and could proceed with the modifications
only after the Regional Director approves them.
Section 280.24 directs a permittee to submit status reports on a
schedule specified in the permit rather than monthly. This would allow
variations in the reporting requirements among OCS Regions.
Section 280.24 requires that the final report contain digital
navigational data in a format the Regional Director specifies in
addition to charts, maps, and plats.
Section 280.24 requires that a permittee report any hard minerals,
hydrocarbon, or sulphur occurrences encountered.
Section 280.31 requires us to notify the Governor(s) of adjacent
State(s) in cases where a Coastal Zone Consistency Review is required.
Sections 280.40, 280.41, 280.50, and 280.51, respectively, break
out, for clarification, procedures for submission, inspection, and
selection of G&G data and information.
Sections 280.42 and 280.52 clarify that any transfer of G&G data
and information to a third party would transfer the obligations to
provide access to us as well. When the third party accepts the
transfer, they must also accept the obligation to provide access and
are subject to the penalty provisions of 30 CFR part 250, subpart N, if
they fail to do so.
Section 280.60 requires us to reimburse permittees or third parties
for reasonable costs of reproducing data and information that the
Regional Director requests.
Section 280.71 requires the Regional Director to disclose
geological data and information to the public 10 years after issuing
the permit.
The requirement for submission of a prospecting plan has been
eliminated as that data and information will now be submitted as part
of the permit form itself.
Procedural Matters
Public Comment Procedure
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. There may be circumstances in which we
would withhold from the rulemaking record a respondent's identity, as
allowable by the law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Federalism (Executive Order (E.O.) 13132)
According to E.O. 13132, the proposed rule does not have Federalism
implications. A Federalism assessment is not required as the proposed
rule does not change the role or responsibilities between the Federal,
State, or local governments and, therefore, does not have direct,
substantive, or significant effects on the States.
Takings Implications Assessment (E.O. 12630)
According to E.O. 12630, the proposed rule does not have
significant Takings implications.
A Takings implication assessment is not required because the
proposed rule would not take away or restrict an operators right to
collect data and information under the permit terms.
Regulatory Planning and Review (E.O. 12866)
According to the criteria in E.O. 12866, this proposed rule is not
a significant regulatory action and is not subject to review by the
Office of Management and Budget (OMB).
a. This proposed rule will not have an annual economic effect of
$100 million or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. This is due to the
small amount of activity currently being experienced in offshore
prospecting as well as the smaller size of the companies involved as
compared to those involved in oil, gas, and sulphur exploration. We
estimate that
[[Page 68651]]
this rule will affect only one entity per year, and that the total cost
to regulated entities for complying with this rule will be
approximately $3,000 per year. For full details, see the information
under the heading ``Regulatory Flexibility Act.''
b. This proposed rule does not create inconsistencies with other
agencies' actions because there are no changes in requirements. The
notification process will allow the customer to know of the operations
of other users in the area. In addition, current regulations are
consistent with other agencies' actions.
c. This proposed rule is an administrative change that will not
affect entitlements, grants, user fees, loan programs, or their
recipients. This proposed rule has no effect on these programs or
rights of the programs' recipients.
d. This proposed rule does not raise any novel legal or policy
issues. As previously stated, the intent of this proposed rule is to
establish consistency in all prelease activities for all minerals on
the OCS.
Clarity of This Regulation
E.O. 12866 requires each agency to write regulations that are easy
to understand. We invite your comments on how to make this proposed
rule easier to understand, including answers to questions such as the
following:
(1) Are the requirements in the proposed rule clearly stated?
(2) Does the proposed rule contain technical language or jargon
that interferes with its clarity?
(3) Does the format of the proposed rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity?
(4) Would the proposed rule be easier to understand if it were
divided into more (but shorter) sections?
(5) Is the description of the proposed rule in the Supplementary
Information section of this preamble helpful in understanding the
proposed rule? What else can we do to make the proposed rule easier to
understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to: Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW, Washington,
DC 20240. You may also e-mail the comments to this address:
Exsec@ios.doi.gov.
Civil Justice Reform (E.O. 12988)
According to E.O. 12988, the Office of the Solicitor has determined
that this proposed rule does not unduly burden the judicial system and
meets the requirements of Secs. 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act
This proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment.
Paperwork Reduction Act (PRA) of 1995
This proposed rule contains a collection of information that has
been submitted to OMB for review and approval under Sec. 3507(d) of the
PRA. As part of our continuing effort to reduce paperwork and
respondent burdens, we invite the public and other Federal agencies to
comment on any aspect of the reporting burden. Submit your comments to
the Office of Information and Regulatory Affairs; OMB; Attention: Desk
Officer for the Department of the Interior (OMB control number 1010-
0072); Washington, DC 20503. Send a copy of your comments to the Rules
Processing Team, Engineering and Operations Division; Mail Stop 4024;
Minerals Management Service; 381 Elden Street; Herndon, Virginia 20170-
4817. You may obtain a copy of the supporting statement for the
collection of information by contacting the Bureau's Information
Collection Clearance Officer at (202) 208-7744.
The PRA provides that an agency may not conduct or sponsor, and you
are not required, to respond to a collection of information unless it
displays a currently valid OMB control number. OMB is required to make
a decision to approve or disapprove this collection of information
between 30 to 60 days after publication of this document. Therefore,
your comments are best assured of being considered by OMB if OMB
receives them by January 7, 2000. However, we will consider all
comments received during the comment period for this notice of proposed
rulemaking.
The title of this collection of information is ``30 CFR Part 280,
Prospecting for Minerals other than Oil, Gas, and Sulphur in the OCS.''
OMB had previously approved the information collection requirements in
the current 30 CFR part 280 regulations under OMB control number 1010-
0072. However, the OMB approval has expired. Our submission to OMB
requests that OMB reinstate control number 1010-0072 based upon the
information collection requirements in this proposed rule.
The proposed rule contains the following primary information
collection requirements with the estimated hour burden for each shown
in parentheses.
(a) Sections 280.12 and 280.13: Submit permit application (form
MMS-134) to conduct G&G prospecting for hard minerals or file notice to
conduct scientific research activities (6 hours).
(b) Section 280.22: Submit modification of approved operations (0.5
hour).
(c) Section 280.24: Submit status and final reports (8 hours).
(d) Section 280.28: Request relinquishment of permit (1 hour).
(e) Sections 280.40, 280.41, 280.50, and 280.51: Submit G&G data/
information collected under a permit and/or processed by permittees or
third parties (4 hours).
(f) Sections 280.42 and 280.52: Notify MMS of third-party
transactions (0.5 hour).
(g) Sections 280.60 and 280.61: Request reimbursement for costs of
reproducing data/information and certain processing costs (20 hours).
The proposed rule contains a few other minor information collection
aspects. However, we anticipate either no responses over a 3-year
period or that the burden would be very minimal.
Respondents would be hard mineral permittees or notice filers. The
frequency of response is on occasion, with the exception of the status
reports. The frequency of those will be specified in the permit. We
estimate only one respondent per year and a total annual reporting and
recordkeeping burden of 88 hours. Responses are required to obtain or
retain a benefit. We will protect information considered confidential
or proprietary under the Freedom of Information Act (5 U.S.C. 552) and
its implementing regulations (43 CFR part 2), and under regulations at
Sec. 280.71 and applicable sections of 30 CFR parts 250 and 252.
We need and use the information to ensure there is no environmental
degradation, personal harm or unsafe operations and conditions, damage
to historical or archaeological sites, or interference with other uses;
to analyze and evaluate preliminary or planned drilling activities; to
monitor progress and activities in the OCS; to acquire G&G data and
information collected under a Federal permit offshore; and to determine
eligibility for reimbursement from the Government for certain costs.
We will summarize written responses to this notice and address them
in the final rule. All comments will become a matter of public record.
1. We specifically solicit comments on the following questions:
(a) Is the proposed collection of information necessary for the
proper performance of our functions, and will it be useful?
[[Page 68652]]
(b) Are the estimates of the burden hours of the proposed
collection reasonable?
(c) Do you have any suggestions that would enhance the quality,
clarity, or usefulness of the information to be collected?
(d) Is there a way to minimize the information collection burden on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other forms of information
technology?
2. In addition, the PRA requires agencies to estimate the total
annual cost burden to respondents or recordkeepers resulting from the
collection of information. We need your comments on this item. Your
response should split the cost estimate into two components: (a) total
capital and startup cost component; and (b) annual operation,
maintenance, and purchase of services component. Your estimates should
consider the costs to generate, maintain, and disclose or provide the
information. You should describe the methods you use to estimate major
cost factors, including system and technology acquisition, expected
useful life of capital equipment, discount rate(s), and the period over
which you incur costs. Capital and startup costs include, among other
items, computers and software you purchase to prepare for collecting
information; monitoring, sampling, drilling, and testing equipment; and
record storage facilities. Generally, your estimates should not include
equipment or services purchased: before October 1, 1995; to comply with
requirements not associated with the information collection; for
reasons other than to provide information or keep records for the
Government; or as part of customary and usual business or private
practices.
Regulatory Flexibility Act
The changes to 30 CFR part 280 should not have a significant
economic effect. The rulemaking may involve small businesses or small
entities if they want to perform prospecting activities or scientific
research on the OCS. The Small Business Administration defines a small
business as having the following:
annual revenues of $5 million or less for service
companies and colleges and universities; and
less than 500 employees for companies that extract natural
resources (i.e., sand and gravel).
In many ways, we try to offer customer service at no cost to
smaller companies that are active on the OCS. These services include
informing customers of environmental laws and regulations, making
permit applications available on the Internet, making various offshore
maps and stipulations accessible, etc.
There are no changes or effects with respect to the number of
people performing the activities nor is there any change with regard to
technology or operating costs. Changes in this proposed rule make it
parallel to the prelease exploration regulations covering oil, gas, and
sulphur (30 CFR part 251). In applying for a permit, we will not
require a prospecting plan. Information previously required for a
prospecting plan will be submitted as a part of the permit itself.
Operators will need to submit a notice for all scientific research. The
proposed rule also breaks out, for clarification, procedures for
submission, inspection, and selection of G&G data and information, as
well as clarifying the responsibilities of third parties. It also
requires us to reimburse permittees or third parties for reasonable
costs for reproducing data and information that we request.
We expect that either one company will apply for a prospecting
permit or one institution will file a notice of intent to conduct
scientific research per year, based on MMS receiving six applications
for a prospecting permit in the last 10 years. Previous activities in
these areas indicate that most of these entities would be considered
small.
The primary economic effect on small businesses is the cost
associated with information collection activities. The only major
change in reporting requirements would represent a small increase, not
for those engaged in the mineral industry but, rather, for those
involved in scientific research. This increased reporting requirement
relates to the filing of a notice for all scientific research
activities. The current regulations are silent on this issue. We
estimate that the new requirements will result in filing one notice per
year. Each notice would require 6 hours to prepare, at a cost of $35
per hour, for a total cost of $210 per notice, which would also be the
total annual cost. These numbers would also represent the total cost
for a permit. These figures may be compared to similar ones for oil,
gas, and sulphur activities, whose numbers are 24 to 36 hours for a
total cost of $840 to $1,260.
In our proposed information collection budget for this proposed
rule, we estimate the total burden in complying with these regulations
to be 88 hours for a total $3,080. Cost does not vary with the size of
the company. We compare these figures with those for oil, gas, and
sulphur activities, which are 10,604 hours for a total of $371,140. In
addition, because of the small numbers of entities expected to engage
in these activities at this time, the number of small businesses that
would experience a significant economic effect is not substantial. As a
result, this proposed rule will not have a significant economic effect
on a substantial number of small entities.
We should note that this proposed rule only applies to preliminary
prelease prospecting activities. As long as sufficient sources for
economically recoverable mineral resources exist onshore, the higher
costs of offshore development will constrain industry. To develop and
produce even the relatively easier minerals (sand and gravel), large
investments of up to $15 to $25 million will be necessary for
technology and establishing both land-based processing and marketing
facilities. Currently, sand and gravel are being dredged from the OCS
to support large-scale public works projects to nourish beaches. These
projects are authorized and funded by Federal, State, and local
governments and, to date, there have been only two or three commercial
aggregate producers who have expressed an interest in future OCS
development.
Locating and delineating offshore mineral resources can be
expensive, depending on how much is already known about an offshore
area. A prospecting program to collect seismic information and to
collect a number of 20-foot cores of sediment can cost approximately
$100,000 to $400,000. Compared to the magnitude of these costs, the
costs associated with the requirements of this proposed rule are
relatively small. Given the high costs of mineral prospecting, we
expect an applicant's time and expense in order to comply with
information collection on a prelease prospecting permit to represent
only a small fraction of the total costs of locating, assessing, and
developing offshore strategic minerals.
Your comments are important. The Small Business and Agriculture
Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were
established to receive comments from small business about Federal
agency enforcement actions. The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small
business. If you wish to comment on the enforcement actions of MMS,
call toll-free (888) 734-3247.
[[Page 68653]]
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This proposed rule is not a major rule under the (5 U.S.C. 804(2)),
SBREFA. This proposed rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or ability of U.S.-
based enterprises to compete with foreign-based enterprises. This is
based upon the small amount of activity currently being experienced in
offshore prospecting as well as the smaller size of the companies
involved as compared with those involved in oil, gas, and sulphur
exploration.
Unfunded Mandate Reform Act (UMRA) of 1995
This proposed rule does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The proposed rule does not have a significant or
unique effect on State, local, or tribal governments or the private
sector. A statement containing the information required by the UMRA (2
U.S.C. 1531 et seq. is not required.
List of Subjects in 30 CFR Part 280
Continental shelf, Freedom of information, Prospecting, Public
lands--mineral resources, Reporting and recordkeeping requirements,
Research.
Dated: October 20, 1999.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Minerals Management
Service (MMS) proposes to revise 30 CFR part 280 as follows:
PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
IN THE OUTER CONTINENTAL SHELF
Prospecting and Scientific Research in the Outer Continental Shelf
Subpart A--General Information
Sec.
280.1 What definitions apply to this part?
280.2 What is the purpose of this part?
280.3 What requirements must I follow when I conduct prospecting or
research activities?
280.4 What activities are not covered by this part?
Subpart B--How To Apply for a Permit or File a Notice
280.10 What must I do before I can conduct prospecting activities?
280.11 What must I do before I can conduct scientific research?
280.12 What must I include in my application or notification?
280.13 Where must I send my application or notification?
Subpart C--Obligations Under This Part
Prohibitions and Requirements
280.20 What may I not do?
280.21 What must I do?
280.22 What must I do when seeking approval for modifications?
280.23 How must I cooperate with inspection activities?
280.24 What reports must I file?
Interrupted Activities
280.25 When can MMS require me to stop activities under this part?
280.26 When can I resume activities?
280.27 When can MMS cancel my permit?
280.28 Can I give up my permit?
Environmental Issues
280.29 Will MMS monitor the environmental effects of my activity?
280.30 What activities will not require environmental analysis?
280.31 Whom will MMS notify about environmental issues?
Penalties and Appeals
280.32 What penalties may I be subject to?
280.33 How can I appeal a penalty?
Subpart D--Data Requirements
Geological Data and Information
280.40 When do I notify MMS that geological data and information
are available for submission, inspection, and selection?
280.41 What types of geological data and information must I submit
to MMS?
280.42 When geological data and information are obtained by a third
party, what must we both do?
Geophysical Data and Information
280.50 When do I notify MMS that geophysical data and information
are available for submission, inspection, and selection?
280.51 What types of geophysical data and information must I submit
to MMS?
280.52 When geophysical data and information are obtained by a
third party, what must we both do?
Reimbursement
280.60 Which of my costs will be reimbursed?
280.61 Which of my costs will not be reimbursed?
Protections
280.70 What data and information will be protected from public
disclosure?
280.71 What is the timetable for release of data and information?
280.72 What procedures will be followed to disclose data and
information?
280.73 Will data and information be shared with coastal States?
Subpart E--Information Collection
280.80 Paperwork Reduction Act statement--information collection.
Authority: 43 U.S.C. 1331 et seq., 42 U.S.C. 4332 et seq.
Subpart A--General Information
Sec. 280.1 What definitions apply to this part?
Definitions in this part have the following meaning:
Act means OCS Lands Act, as amended (43 U.S.C. 1331 et seq.).
Adjacent State means with respect to any activity proposed,
conducted, or approved under this part, any coastal State(s):
(1) That is used, or is scheduled to be used, as a support base for
geological and geophysical (G&G) prospecting or scientific research
activities; or
(2) In which there is a reasonable probability of significant
effect on land or water uses from such activity.
Analyzed geological information means data collected under a permit
or a lease that have been analyzed. Some examples of analysis include,
but are not limited to, identification of lithologic and fossil
content, core analyses, laboratory analyses of physical and chemical
properties, well logs or charts, results from formation fluid tests,
and descriptions of mineral occurrences or hazardous conditions.
Archaeological interest means capable of providing scientific or
humanistic understandings of past human behavior, cultural adaptation,
and related topics through the application of scientific or scholarly
techniques, such as controlled observation, contextual measurement,
controlled collection, analysis, interpretation, and explanation.
Archaeological resource means any material remains of human life or
activities that are at least 50 years of age and are of archaeological
interest.
Coastal environment means the physical, atmospheric, and biological
components, conditions, and factors that interactively determine the
productivity, state, condition, and quality of the terrestrial
ecosystem from the shoreline inward to the boundaries of the coastal
zone.
Coastal zone means the coastal waters (including the lands therein
and thereunder) and the adjacent shorelands (including the waters
therein and thereunder) that are strongly influenced by each other and
in proximity to the shorelands of the several coastal States. The
coastal zone includes islands, transition and intertidal areas, salt
marshes, wetlands, and beaches. The coastal zone extends seaward to the
[[Page 68654]]
outer limit of the U.S. territorial sea and extends inland from the
shorelines to the extent necessary to control shorelands, the uses of
which have a direct and significant impact on the coastal waters, and
the inward boundaries of which may be identified by the several coastal
States, under the authority in section 305(b)(1) of the Coastal Zone
Management Act (CZMA) of 1972.
Coastal Zone Management Act means the Coastal Zone Management Act
of 1972, as amended (16 U.S.C. 1451 et seq.).
Data means facts and statistics, measurements, or samples that have
not been analyzed, processed, or interpreted.
Deep stratigraphic test means drilling that involves the
penetration into the sea bottom of more than 500 feet (152 meters).
Director means the Director of the Minerals Management Service,
U.S. Department of the Interior, or an official authorized to act on
the Director's behalf.
Geological and geophysical (G&G) prospecting activities means the
commercial search for mineral resources other than oil, gas, or
sulphur. Activities classified as prospecting include, but are not
limited to:
(1) Geological and geophysical marine and airborne surveys where
magnetic, gravity, seismic reflection, seismic refraction, or the
gathering through coring or other geological samples are used to detect
or imply the presence of hard minerals; and
(2) Any drilling, whether on or off a geological structure.
Geological and geophysical (G&G) scientific research activities
means any investigation related to hard minerals that is conducted in
the OCS for academic or scientific research. These investigations would
involve gathering and analyzing geological, geochemical, or geophysical
data and information that are made available to the public for
inspection and reproduction at the earliest practical time. The term
does not include commercial G&G exploration or commercial G&G
prospecting activities.
Geological sample means a collected portion of the seabed, the
subseabed, or the overlying water acquired while conducting prospecting
or scientific research activities.
Governor means the Governor of a State or the person or entity
lawfully designated by or under State law to exercise the powers
granted to a Governor under the Act.
Hard minerals means any minerals found on or below the surface of
the seabed except for oil, gas, or sulphur.
Interpreted geological information means the knowledge, often in
the form of schematic cross sections, 3-dimensional representations,
and maps, developed by determining the geological significance of
geological data and analyzed and processed geologic information.
Interpreted geophysical information means knowledge, often in the
form of seismic cross sections, 3-dimensional representations, and
maps, developed by determining the geological significance of
geophysical data and processed geophysical information.
Lease means, depending upon the requirements of the context,
either:
(1) An agreement issued under section 8 or maintained under section
6 of the Act that authorizes mineral exploration, development and
production; or
(2) The area covered by an agreement specified in paragraph (1) of
this definition.
Material remains means physical evidence of human habitation,
occupation, use, or activity, including the site, location, or context
in which evidence is situated.
Minerals means all minerals authorized by an Act of Congress to be
produced from ``public lands'' as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702). The term
includes oil, gas, sulphur, geopressured-geothermal and associated
resources.
Notice means a written statement of intent to conduct G&G
scientific research that is:
(1) Related to hard minerals in the OCS; and
(2) Not covered under a permit.
Oil, gas, and sulphur means oil, gas, and sulphur, geopressured-
geothermal and associated resources.
Outer Continental Shelf (OCS) means all submerged lands--
(1) That lie seaward and outside of the area of lands beneath
navigable waters as defined in section 2 of the Submerged Lands Act (43
U.S.C. 1301); and
(2) Whose subsoil and seabed belong to the United States and are
subject to its jurisdiction and control.
Permit means the contract or agreement, other than a lease, issued
under this part. The permit gives a person the right, under appropriate
statutes, regulations, and stipulations, to conduct on the OCS:
(1) Geological prospecting for hard minerals;
(2) Geophysical prospecting for hard minerals;
(3) Geological scientific research; or
(4) Geophysical scientific research.
Permittee means the person authorized by a permit issued under this
part to conduct activities on the OCS.
Person means--
(1) A citizen or a national of the United States;
(2) An alien lawfully admitted for permanent residence in the
United States as defined in section 8 U.S.C. 1101(a)(20);
(3) A private, public, or municipal corporation organized under the
laws of the United States or of any State or territory thereof, and
association of such citizens, nationals, resident aliens or private,
public, or municipal corporations, States, or political subdivisions of
States; or
(4) Anyone operating in a manner provided for by treaty or other
applicable international agreements. The term does not include Federal
agencies.
Processed geological or geophysical information means data
collected under a permit and later processed or reprocessed.
(1) Processing involves changing the form of data as to facilitate
interpretation. Some examples of processing operations may include, but
are not limited to:
(i) Applying corrections for known perturbing causes;
(ii) Rearranging or filtering data; and
(iii) Combining or transforming data elements.
(2) Reprocessing is the additional processing other than ordinary
processing used in the general course of evaluation. Reprocessing
operations may include varying identified parameters for the detailed
study of a specific problem area.
Secretary means the Secretary of the Interior or a subordinate
authorized to act on the Secretary's behalf.
Shallow test drilling means drilling into the sea bottom to depths
less than those specified in the definition of a deep stratigraphic
test.
Significant archaeological resource means those archaeological
resources that meet the criteria of significance for eligibility of the
National Register of Historic Places as defined in 36 CFR 60.4.
Third party means any person other than the permittee or a
representative of the United States, including all persons who obtain
data or information acquired under a permit from the permittee, or from
another third party, by sale, trade, license agreement, or other means.
You means a person who applies for and/or obtains a permit, or
files a notice to conduct G&G prospecting or scientific research
related to hard minerals in the OCS.
[[Page 68655]]
Sec. 280.2 What is the purpose of this part?
The purpose of this part is to:
(a) Allow you to conduct prospecting activities or scientific
research activities in the OCS relating to hard minerals on unleased
lands or on lands under lease to a third party.
(b) Ensure that you carry out prospecting activities or scientific
research activities in a safe and environmentally sound manner so as to
prevent harm or damage to, or waste of, any natural resources
(including any hard minerals in areas leased or not leased), any life
(including fish and other aquatic life), property, or the marine,
coastal, or human environment.
(c) Inform you and third parties of your legal and contractual
obligations.
(d) Inform you and third parties of:
(1) The U.S. government's rights to access G&G data and information
collected under permit in the OCS;
(2) Reimbursement we will make for data and information that are
submitted; and
(3) The proprietary terms of data and information that we retain.
Sec. 280.3 What requirements must I follow when I conduct prospecting
or research activities?
You must conduct G&G prospecting activities or scientific research
activities under this part according to:
(a) The Act;
(b) The regulations in this part;
(c) Orders of the Director/Regional Director; and
(d) Other applicable statutes, regulations, and amendments.
Sec. 280.4 What activities are not covered by this part?
This part does not apply to:
(a) G&G prospecting activities conducted by, or on behalf of, the
lessee on a lease in the OCS.
(b) Federal agencies.
(c) G&G exploration or G&G scientific research activities related
to oil, gas, and sulphur which are covered by regulations at 30 CFR
part 251.
Subpart B--How To Apply for a Permit or File a Notice
Sec. 280.10 What must I do before I can conduct prospecting
activities?
You must have an MMS-approved permit to conduct G&G prospecting
activities, including deep stratigraphic tests, for hard minerals. If
you conduct both geological and geophysical prospecting activities, you
must have a separate permit for each.
Sec. 280.11 What must I do before I can conduct scientific research?
You may conduct G&G scientific research activities related to hard
minerals in the OCS only after you obtain an MMS-approved permit or
file a notice.
(a) Permit. You must obtain a permit if the research activities you
want to conduct involve:
(1) Using solid or liquid explosives;
(2) Drilling a deep stratigraphic test; or
(3) Developing data and information for proprietary use or sale.
(b) Notice. If you conduct research activities not covered by
paragraph (a) of this section, you must file a notice with the Regional
Director at least 30 days before you begin. If you cannot file a 30-day
notice, you must provide oral notification before you begin and follow
up in writing. You must also inform MMS in writing when you conclude
your work.
Sec. 280.12 What must I include in my application or notification?
(a) Permits. You must submit to the Regional Director a signed
original and three copies of the permit application (form MMS-134) at
least 30 days before the startup date for activities in the permit
area. If unusual circumstances prevent you from meeting this deadline,
you must immediately contact the Regional Director to arrange an
acceptable deadline. The form includes names of persons, type,
location, purpose, and dates of activity, as well as environmental and
other information.
(b) Disapproval of permit application. If we disapprove your
application for a permit, the Regional Director will tell you why and
tell you what you need to do to obtain approval.
(c) Notices. You must sign and date a notice that includes:
(1) The name(s) of the person(s) who will conduct the proposed
research;
(2) The name(s) of any other person(s) participating in the
proposed research, including the sponsor;
(3) The type of research and a brief description of how you will
conduct it;
(4) A map, plat, or chart, that shows the location where you will
conduct research;
(5) The proposed projected starting and ending dates for your
research activity;
(6) The name, registry number, registered owner, and port of
registry of vessels used in the operation;
(7) The earliest practical time you expect to make the data and
information resulting from your research activity available to the
public;
(8) Your plan of how you will make the data and information you
collect available to the public;
(9) A statement that you and others involved will not sell or
withhold the data and information resulting from your research; and
(10) At your option, the nonexclusive use agreement for scientific
research attachment to form MMS-134. (If you submit this agreement, you
do not have to submit the material required in paragraphs (c)(7),
(c)(8), and (c)(9) of this section.)
Sec. 280.13 Where must I send my application or notification?
You must apply for a permit or file a notice at one of the
following locations:
------------------------------------------------------------------------
For the OCS off the-- Apply to--
------------------------------------------------------------------------
(a) State of Alaska.......... Regional Supervisor for Resource
Evaluation, Minerals Management Service,
Alaska OCS Region, 949 East 36th Avenue,
Anchorage, Alaska 99508-4363.
(b) Atlantic Coast, Gulf of Regional Supervisor for Resource
Mexico, Puerto Rico, or U.S. Evaluation, Minerals Management Service,
territories in the Caribbean Gulf of Mexico OCS Region, 1201 Elmwood
Sea. Park Boulevard, New Orleans, Louisiana
70123-2394.
(c) States of California, Regional Supervisor for Resource
Oregon, Washington, Hawaii, Evaluation, Minerals Management Service,
or U.S. territories in the Pacific OCS Region, 770 Paseo Camarillo,
Pacific Ocean. Camarillo, California 93010-6064.
------------------------------------------------------------------------
[[Page 68656]]
Subpart C--Obligations Under This Part
Prohibitions and Requirements
Sec. 280.20 What may I not do?
While conducting G&G prospecting or scientific research activities
under a permit or notice, you must not:
(a) Interfere with or endanger operations under any lease, right-
of-way, easement, right-of-use, notice, or permit issued or maintained
under the Act;
(b) Cause harm or damage to life (including fish and other aquatic
life), property, or the marine, coastal, or human environment;
(c) Cause harm or damage to any mineral resources (in areas leased
or not leased);
(d) Cause pollution;
(e) Disturb archaeological resources;
(f) Create hazardous or unsafe conditions;
(g) Unreasonably interfere with or cause harm to other uses of the
area; or
(h) Claim any oil, gas, sulphur, or other minerals you discover
while conducting operations under a permit or notice.
Sec. 280.21 What must I do?
While conducting G&G prospecting or scientific research activities
under a permit or notice, you must:
(a) Immediately report to the Regional Director if you:
(1) Detect hydrocarbon or any other mineral occurrence;
(2) Detect environmental hazards that imminently threaten life and
property; or
(3) Adversely affect the environment, aquatic life, archaeological
resources, or other uses of the area where you are prospecting or
conducting scientific research activities.
(b) Consult and coordinate your G&G activities with other users of
the area for navigation and safety purposes.
(c) If you conduct shallow test drilling or deep stratigraphic test
drilling activities, use the best available and safest technologies
that the Regional Director considers economically feasible.
Sec. 280.22 What must I do when seeking approval for modifications?
Before you begin modified operations, you must submit a written
request describing the modifications and receive the Regional
Director's oral or written approval. If circumstances preclude a
written request, you must make an oral request and follow up in
writing.
Sec. 280.23 How must I cooperate with inspection activities?
You must allow our representatives to inspect your G&G prospecting
or any scientific research activities that are being conducted under a
permit. They will determine whether operations are adversely affecting
the environment, aquatic life, archaeological resources, or other uses
of the area. We will reimburse you for food, quarters, and
transportation that you provide for our representatives if you send in
your reimbursement request to the Region that issued the permit within
90 days of the inspection.
Sec. 280.24 What reports must I file?
(a) You must submit status reports on a schedule specified in the
permit and include a daily log of operations.
(b) You must submit a final report of G&G prospecting or scientific
research activities under a permit within 30 days after you complete
acquisition activities under the permit. You may combine the final
report with the last status report and must include each of the
following:
(1) A description of the work performed.
(2) Charts, maps, plats and digital navigation data in a format
specified by the Regional Director, showing the areas and blocks in
which any G&G prospecting or permitted scientific research activities
were conducted. Identify the lines of geophysical traverses and their
locations including a reference sufficient to identify the data
produced during each activity.
(3) The dates on which you conducted the actual prospecting or
scientific research activities.
(4) A summary of any:
(i) Hard mineral, hydrocarbon, or sulphur occurrences encountered;
(ii) Environmental hazards; and
(iii) Adverse effects of the G&G prospecting or scientific research
activities on the environment, aquatic life, archaeological resources,
or other uses of the area in which the activities were conducted.
(5) Other descriptions of the activities conducted as specified by
the Regional Director.
Interrupted Activities
Sec. 280.25 When can MMS require me to stop activities under this
part?
(a) We may temporarily stop prospecting or scientific research
activities under a permit when the Regional Director determines that:
(1) Activities pose a threat of serious, irreparable, or immediate
harm. This includes damage to life (including fish and other aquatic
life), property, and any minerals (in areas leased or not leased), to
the marine, coastal, or human environment, or to an archeological
resource;
(2) You failed to comply with any applicable law, regulation, order
or provision of the permit. This would include our required submission
of reports, well records or logs, and G&G data and information within
the time specified; or
(3) Stopping the activities is in the interest of national security
or defense.
(b) The Regional Director will advise you either orally or in
writing of the procedures to temporarily stop activities. We will
confirm an oral notification in writing and deliver all written
notifications by courier or certified/registered mail. You must stop
all activities under a permit as soon as you receive an oral or written
notification.
Sec. 280.26 When can I resume activities?
The Regional Director will advise you when you may start your
permit activities again.
Sec. 280.27 When can MMS cancel my permit?
The Regional Director may cancel, or a permittee may relinquish, a
permit at any time.
(a) If we cancel your permit, the Regional Director will advise you
by certified or registered mail 30 days before the cancellation date
and will state the reason.
(b) After we cancel your permit, you are still responsible for
proper abandonment of any drill site according to the requirements of
30 CFR 251.7(b)(8). You must comply with all other obligations
specified in this part or in the permit.
Sec. 280.28 Can I give up my permit?
(a) You may relinquish the permit by advising the Regional Director
by certified or registered mail 30 days in advance.
(b) After you relinquish your permit, you are still responsible for
proper abandonment of any drill sites according to the requirements of
30 CFR 251.7(b)(8). You must also comply with all other obligations
specified in this part or in the permit.
Environmental Issues
Sec. 280.29 Will MMS monitor the environmental effects of my activity?
We will evaluate the potential of proposed prospecting or
scientific research activities for adverse impact on the environment to
determine the need for mitigation measures.
Sec. 280.30 What activities will not require environmental analysis?
We anticipate that activities of the type listed in this section
typically will
[[Page 68657]]
not cause significant environmental impact and will normally be
categorically excluded from additional environmental analysis. The
types of activities include:
(a) Gravity and magnetometric observations and measurements;
(b) Bottom and subbottom acoustic profiling or imaging without the
use of explosives;
(c) Hard minerals sampling of a limited nature such as shallow test
drilling;
(d) Water and biotic sampling, if the sampling does not adversely
affect shellfish beds, marine mammals, or an endangered species or if
permitted by the National Marine Fisheries Service or another Federal
agency;
(e) Meteorological observations and measurements, including the
setting of instruments;
(f) Hydrographic and oceanographic observations and measurements,
including the setting of instruments;
(g) Sampling by box core or grab sampler to determine seabed
geological or geotechnical properties;
(h) Television and still photographic observation and measurements;
(i) Shipboard hard mineral assaying and analysis; and
(j) Placement of positioning systems, including bottom transponders
and surface and subsurface buoys reported in Notices to Mariners.
Sec. 280.31 Whom will MMS notify about environmental issues?
(a) In cases where Coastal Zone Consistency Review is required, the
Director will notify the Governor of each adjacent State with a copy of
the application for a permit immediately upon the submission for
approval.
(b) In cases where an environmental assessment is to be prepared,
the Director will invite the Governor of each adjacent State to review
and provide comments regarding the proposed activities. The Director's
invitation to provide comments will allow the Governor a specified
period of time to comment.
(c) When a permit is issued, the Director will notify affected
parties including each affected coastal State, Federal agency, local
government, and special interest organization that has expressed an
interest.
Penalties and Appeals
Sec. 280.32 What penalties may I be subject to?
(a) Penalties for noncompliance under a permit. You are subject to
the penalty provisions of:
(1) Section 24 of the Act (43 U.S.C. 1350); and
(2) The procedures contained in 30 CFR part 250, subpart N, for
noncompliance with:
(i) Any provision of the Act;
(ii) Any provisions of a G&G or drilling permit; or
(iii) Any regulation or order issued under the Act.
(b) Penalties under other laws and regulations. The penalties
prescribed in this section are in addition to any other penalty imposed
by any other law or regulation.
Sec. 280.33 How can I appeal a penalty?
See 30 CFR part 290 for instructions on how to appeal any order or
decision that we issue under this part.
Subpart D--Data Requirements
Geological Data and Information
Sec. 280.40 When do I notify MMS that geological data and information
are available for submission, inspection, and selection?
(a) You must notify the Regional Director, in writing, when you
complete the initial analysis, processing, or interpretation of any
geological data and information. Initial analysis and processing are
the stages of analysis or processing where the data and information
first become available for in-house interpretation by the permittee or
become available commercially to third parties via sale, trade, license
agreement, or other means.
(b) The Regional Director may ask if you have further analyzed,
processed, or interpreted any geological data and information. When
asked, you must respond to us in writing within 30 days.
(c) The Regional Director may ask the permittee or third party to
submit the analyzed, processed, or interpreted geologic data and
information for us to inspect or permanently retain. You must submit
the data and information within 30 days after such a request.
Sec. 280.41 What types of geological data and information must I
submit to MMS?
Unless the Regional Director specifies otherwise, you must submit
geological data and information that include:
(a) An accurate and complete record of all geological (including
geochemical) data and information describing each operation of
analysis, processing, and interpretation;
(b) Paleontological reports identifying by depth any microscopic
fossils collected, including the reference datum to which
paleontological sample deaths are related and, if the Regional Director
requests, washed samples, that you maintain for paleontological
determinations;
(c) Copies of well logs or charts in a digital format, if
available;
(d) Results and data obtained from formation fluid tests;
(e) Analyses of core or bottom samples and/or a representative cut
or split of the core or bottom sample;
(f) Detailed descriptions of any hydrocarbons or other minerals or
hazardous conditions encountered during operations, including near
losses of well control, abnormal geopressures, and losses of
circulation; and
(g) Other geological data and information that the Regional
Director may specify.
Sec. 280.42 When geological data and information are obtained by a
third party, what must I and the third party do?
A third party may obtain geological data and information from a
permittee, or from another third party, by sale, trade, license
agreement, or other means. If this happens:
(a) The third-party recipient of the data and information assumes
the obligations under this part, except for the notification provisions
of Sec. 280.40(a) and is subject to the penalty provisions of
Sec. 280.32(a)(1) and 30 CFR part 250, subpart N; and
(b) A permittee or third party that sells, trades, licenses, or
otherwise provides data and information to a third party must advise
the recipient, in writing, that accepting these obligations is a
condition precedent of the sale, trade, license, or other agreement;
and
(c) Except for license agreements, a permittee or third party that
sells, trades, or otherwise provides data and information to a third
party must advise the Regional Director in writing within 30 days of
the sale, trade, or other agreement, including the identity of the
recipient of the data and information; or
(d) For license agreements, a permittee or third party that
licenses data and information to a third party must, within 30 days of
a request by the Regional Director, advise the Regional Director, in
writing, of the license agreement, including the identity of the
recipient of the data and information.
Geophysical Data and Information
Sec. 280.50 When do I notify MMS that geophysical data and information
are available for submission, inspection, and selection?
(a) You must notify the Regional Director in writing when you
complete the initial processing and interpretation of any geophysical
data and information. Initial processing is the stage of processing
where the data and information become available for in-house
interpretation by the permittee, or
[[Page 68658]]
become available commercially to third parties via sale, trade, license
agreement, or other means.
(b) The Regional Director may ask whether you have further
processed or interpreted any geophysical data and information. When
asked, you must respond to us in writing within 30 days.
(c) The Regional Director may request that the permittee or third
party submit geophysical data and information before making a final
selection for retention. Our representatives may inspect and select the
data and information on your premises, or the Regional Director can
request delivery of the data and information to the appropriate
regional office for review.
(d) You must submit the geophysical data and information within 30
days of receiving the request, unless the Regional Director extends the
delivery time.
(e) At any time before final selection, the Regional Director may
review and return any or all geophysical data and information. We will
notify you in writing of any data the Regional Director decides to
retain.
Sec. 280.51 What types of geophysical data and information must I
submit to MMS?
Unless the Regional Director specifies otherwise, you must include:
(a) An accurate and complete record of each geophysical survey
conducted under the permit, including digital navigational data and
final location maps;
(b) All seismic data collected under a permit presented in a format
and of a quality suitable for processing;
(c) Processed geophysical information derived from seismic data
with extraneous signals and interference removed, presented in a
quality format suitable for interpretive evaluation, reflecting state-
of-the-art processing techniques; and
(d) Other geophysical data, processed geophysical information, and
interpreted geophysical information including, but not limited to,
shallow and deep subbottom profiles, bathymetry, sidescan sonar,
gravity and magnetic surveys, and special studies such as refraction
and velocity surveys.
Sec. 280.52 When geophysical data and information are obtained by a
third party, what must I and the third party do?
A third party may obtain geophysical data, processed geophysical
information, or interpreted geophysical information from a permittee,
or from another third party, by sale, trade, license agreement, or
other means. If this happens:
(a) The third-party recipient of the data and information assumes
the obligations under this part, except for the notification provisions
of Sec. 280.50(a) and is subject to the penalty provisions of
Sec. 280.32(a)(1) and 30 CFR 250, subpart N; and
(b) A permittee or third party that sells, trades, licenses, or
otherwise provides data and information to a third party must advise
the recipient, in writing, that accepting these obligations is a
condition precedent of the sale, trade, license, or other agreement;
and
(c) Except for license agreements, a permittee or third party that
sells, trades, or otherwise provides data and information to a third
party must advise the Regional Director, in writing within 30 days of
the sale, trade, or other agreements, including the identity of the
recipient of the data and information; or
(d) For license agreements, a permittee or third party that
licenses data and information to a third party must, within 30 days of
a request by the Regional Director, advise the Regional Director, in
writing, of the license agreement, including the identity of the
recipient of the data and information.
Reimbursement
Sec. 280.60 Which of my costs will be reimbursed?
(a) We will reimburse you or a third party for reasonable costs of
reproducing data and information that the Regional Director requests
if:
(1) You deliver G&G data and information to us for the Regional
Director to inspect or select and retain (according to Secs. 280.40 and
280.50);
(2) We receive your request for reimbursement and the Regional
Director determines that the requested reimbursement is proper; and
(3) The cost is at your lowest rate (or a third party's) or at the
lowest commercial rate established in the area, whichever is less.
(b) We will reimburse you or the third party for the reasonable
costs of processing geophysical information (which does not include
cost of data acquisition) if, at the request of the Regional Director,
you processed the geophysical data or information in a form or manner
other than that used in the normal conduct of business.
Sec. 280.61 Which of my costs will not be reimbursed?
(a) When you request reimbursement, you must identify reproduction
and processing costs separately from acquisition costs.
(b) We will not reimburse you or a third party for data acquisition
costs or for the costs of analyzing or processing geological
information or interpreting geological or geophysical information.
Protections
Sec. 280.70 What data and information will be protected from public
disclosure?
(a) In making data and information available to the public, the
Regional Director will follow the applicable requirements of:
(1) The Freedom of Information Act (5 U.S.C. 552);
(2) The implementing regulations of 43 CFR part 2;
(3) The Act; and
(4) The regulations at 30 CFR parts 250 and 252.
(b) If the Regional Director determines that any data or
information is exempt from disclosure under the Freedom of Information
Act, we will not disclose the data and information unless either:
(1) You and all third parties agree to the disclosure; or
(2) A provision of 30 CFR parts 250 and 252 allows us to make the
disclosure.
(c) We will keep confidential the identity of third-party
recipients of data and information collected under a permit. We will
not release the identity unless you and the third parties agree to the
disclosure.
(d) When you detect any significant hydrocarbon occurrences or
environmental hazards on unleased lands during drilling operations, the
Regional Director will immediately issue a public announcement. The
announcement must further the national interest without unduly damaging
your competitive position.
Sec. 280.71 What is the timetable for release of data and information?
We will release data and information that you or a third party
submits and we retain according to paragraphs (a) and (b) of this
section.
(a) If the data and information are not related to a deep
stratigraphic test, we will release them to the public according to the
following table:
[[Page 68659]]
------------------------------------------------------------------------
If you or a third party The Regional Director will disclose them
submits and we retain-- to the public--
------------------------------------------------------------------------
(1) Geological data and 10 years after issuing the permit.
information.
(2) Geophysical data......... 50 years after you or a third party
submit the data.
(3) Geophysical information.. 25 years after you or a third party
submit the information.
(4) Data and information 25 years after you complete the test,
related to a deep unless the provisions of paragraph (b)
stratigraphic test. of this section apply.
------------------------------------------------------------------------
(b) This paragraph applies if you are covered by paragraph (a)(4)
of this section and a lease sale is held or a noncompetitive agreement
is negotiated after you complete a test well. We will release the data
and information related to the deep stratigraphic test at the earlier
of the following times:
(1) Twenty-five years after you complete the test; or
(2) Sixty calendar days after we issue a lease, located partly or
totally within 50 geographic miles (92.7 kilometers) of the test.
Sec. 280.72 How will MMS disclose data and information?
(a) When practical, the Regional Director will advise the person
who submitted data and information under Sec. 280.40 or 280.50 of the
intent to disclose the data or information to an independent contractor
or agent.
(b) The person notified will have at least 5 working days to
comment on the action.
(c) When the Regional Director advises the person who submitted the
data and information, all other owners of the data or information will
be considered to have been notified.
(d) Before disclosure, the contractor or agent must sign a written
commitment not to sell, trade, license, or disclose data or information
to anyone without the Regional Director's consent.
Sec. 280.73 Will MMS share data and information with coastal States?
(a) We can disclose proprietary data, information, and samples
submitted to us by permittees or third parties that we receive under
this part to the Governor of any adjacent State that requests it
according to paragraphs (b), (c), and (d) of this section.
(b) We will make a disclosure under this section only after the
Governor and the Secretary have entered into an agreement containing
all of the following provisions:
(1) The confidentiality of the information will be maintained.
(2) In any action taken for failure to protect the confidentiality
of proprietary information, neither the Federal Government nor the
State may raise as a defense:
(i) Any claim of sovereign immunity; or
(ii) Any claim that the employee who revealed the proprietary
information was acting outside the scope of his/her employment in
revealing the information.
(3) The State agrees to hold the Federal Government harmless for
any violation by the State or its employees or contractors of the
agreement to protect the confidentiality of proprietary data and
information and samples.
(4) The materials containing the proprietary data, information, and
samples will remain the property of the Federal Government.
(c) The data, information, and samples available for reproduction
to the State(s) under an agreement must be related to leased lands.
Data and information on unleased lands may be viewed but not copied or
reproduced.
(d) The State must return to us the materials containing the
proprietary data, information, and samples when we ask for them or when
the State no longer needs them.
(e) Information received and knowledge gained by a State official
under paragraph (d) of this section is subject to confidentiality
requirements of:
(1) The Act; and
(2) The regulations at 30 CFR parts 280, 281, and 282.
Subpart E--Information Collection
Sec. 280.80 Paperwork Reduction Act statement--information collection.
(a) OMB has approved the information collection requirements in
this part under 44 U.S.C. 3501 et seq. and assigned OMB control number
1010-0072. The title of this information collection is ``30 CFR Part
280, Prospecting for Minerals other than Oil, Gas, and Sulphur in the
Outer Continental Shelf.''
(b) We may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
(c) We use the information collected under this part to:
(1) Evaluate permit applications and monitor scientific research
activities for environmental and safety reasons.
(2) Determine that prospecting does not harm resources, result in
pollution, create hazardous or unsafe conditions, or interfere with
other users in the area.
(3) Approve reimbursement of certain expenses.
(4) Monitor the progress and activities carried out under an OCS
prospecting permit.
(5) Inspect and select G&G data and information collected under an
OCS prospecting permit.
(d) Respondents are Federal OCS permittees and notice filers.
Responses are mandatory or are required to obtain or retain a benefit.
We will protect information considered proprietary under applicable law
and under regulations at Sec. 280.70 and 30 CFR part 281.
(e) Send comments regarding any aspect of the collection of
information under this part, including suggestions for reducing the
burden, to the Information Collection Clearance Officer, Minerals
Management Service, Mail Stop 4230, 1849 C Street, N.W., Washington,
D.C. 20240.
[FR Doc. 99-31695 Filed 12-7-99; 8:45 am]
BILLING CODE 4310-MR-P
