Prospecting for Minerals Other Than Oil, Gas, and Sulphur in the Outer Continental Shelf

Federal RegisterDec 8, 1999

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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

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(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

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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:

E[email protected].

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).

(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?

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(b) Are the estimates of the burden hours of the proposed

collection reasonable?

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.

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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.

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

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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.

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;

(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.

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.

(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.

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;

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.

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;

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.

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.

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;

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

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.

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;

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

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.

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.

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.

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.

(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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.