[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46855-46865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17879]


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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 on the 
Outer Continental Shelf

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Final rule.

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SUMMARY: This rule specifies how to conduct Geological and Geophysical 
(G&G) prospecting and research for minerals other than oil, gas, and 
sulphur on the Outer Continental Shelf (OCS) under a permit; requires 
everyone conducting G&G scientific research on 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 rule in 
plain English. These revisions respond to changes in technology and 
practice.

[[Page 46856]]


EFFECTIVE DATE: The rule is effective on August 16, 2002.

FOR FURTHER INFORMATION CONTACT: Keith Meekins, Resource Evaluation 
Division, at (703) 787-1517.

SUPPLEMENTARY INFORMATION: On December 8, 1999, we published a Notice 
of Proposed Rulemaking (64 FR 68649), titled ``Prospecting for Minerals 
Other Than Oil, Gas, and Sulphur in the Outer Continental Shelf.'' We 
received several comments on the proposed rule. All comments received 
were considered in the formulation of the final rule. This final rule 
revises the regulations at 30 CFR part 280. There are no substantive 
changes from the proposed to the final rule. However, there were 
several areas that needed minor clarification.
    Clarification of Certain Aspects of the Rule: After further 
analysis, we are clarifying the rule as follows:
     For consistency, we replaced ``in the OCS'' with ``on the 
OCS'' throughout the rule;
     The rule only applies to activities carried out in Federal 
waters and not to activities in State waters (see Sec. 280.2(a));
     The rule does not apply to gas hydrates, which are covered 
by regulations in 30 CFR part 251 (see Sec. 280.4(d));
     The definition of G&G prospecting activities in Sec. 280.1 
applies only to prelease activities and not to postlease activities. 
Postlease activities are covered in 30 CFR part 282 (see 
Sec. 280.4(c));
     The definition of OCS in Sec. 280.1 includes areas of the 
Exclusive Economic Zone, such as the State of Hawaii and United States 
possessions in the Caribbean and Pacific Ocean, which are islands and 
technically do not have an OCS (refer to Sec. 280.13--filing locations 
table); and
     Research activities related to hard minerals require a 
notice, even though the activities may be federally funded (see 
Sec. 280.11(b)).
    Comments on the Rule: We received comments on specific issues from 
the New York State Department of Environmental Conservation, Division 
of Mineral Resources; the New York State Department of Environmental 
Conservation, Division of Water; and the South Carolina Department of 
Natural Resources. In addition, at the request of the Office of the 
Solicitor, we have included definitions for ``Geological Data and 
Information'' and ``Geophysical Data and Information.''

Comments and Responses to Miscellaneous Issues

    Comment: New York has an agreement regarding access to data on 
offshore oil and gas resources. The commenter suggests that MMS 
initiate preparation of an agreement necessary to allow New York access 
to data under proposed Sec. 280.73.
    Response: The requirement that allows coastal States access to data 
on offshore oil and gas resources appears in the OCS Lands Act. This 
requirement does not apply to hard minerals. The agreement mentioned 
under Sec. 280.73 is discretionary. The MMS may disclose proprietary 
data to State officials but is not under any obligation to do so. A 
statement has been added to Sec. 280.73(a) that the permittees and 
third parties who submitted proprietary data, information, and samples 
will be notified about a proposed disclosure and may provide comments.
    Comment: Use of core sampling to detect the presence of heavy 
metals and other contaminants could potentially fall into the category 
of G&G scientific research activities requiring an MMS-approved permit 
or 30-day notice. The commenter suggests that an exemption for State 
agencies involved in environmental monitoring, research, or remediation 
be included in Sec. 280.4.
    Response: There are no plans to exempt State agencies from this 
section. The agencies should contact the Regional Director (RD) and 
describe the sampling for a determination on whether the activity could 
be construed as hard minerals research. The RD will also be looking for 
assurance that cores or other information will not be sold to any 
person involved in hard minerals research or exploration.
    Comment: One commenter could not find text in the document that 
stated whether the MMS had a right to disapprove a scientific 
exploration activity.
    Response: Disapproval of a permit request is addressed in 
Sec. 280.12(b).
    Comment: One commenter seeks a clarification on whether research 
and monitoring activities related to biological resources require a 
permit, if ancillary data on sediment type is collected as part of 
those studies.
    Response: This type of activity is not related to hard minerals 
research or exploration and, therefore, neither a permit nor a notice 
is required. However, a permit would be required if the data on 
sediment type were sold to a person involved in hard minerals research 
or exploration.
    Comment: One commenter asserts that it would be too cumbersome if 
specific coordinates must be identified up front instead of a general 
area of study since exact sampling areas are not known until the study 
is in progress.
    Response: A general area of study is sufficient until a more 
specific area is known, at which time the RD should be notified.

Procedural Matters

Regulatory Planning and Review (Executive Order 12866)

    According to the criteria in Executive Order 12866, this rule is 
not a significant regulatory action and is not subject to review by the 
Office of Management and Budget (OMB).
    a. This 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 
this rule will affect only one entity per year, and that the total cost 
to regulated entities for complying with the modification of this rule 
will be approximately $300 per year. For full details, see the 
information under the heading ``Regulatory Flexibility Act.''
    b. This 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 rule is an administrative change that will not affect 
entitlements, grants, user fees, loan programs, or their recipients. 
This rule has no effect on these programs or rights of the programs' 
recipients.
    d. This rule does not raise any novel legal or policy issues. As 
previously stated, the intent of this rule is to establish consistency 
in all prelease activities for all minerals on the OCS.

Regulatory Flexibility (RF) Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the RF Act (5 U.S.C. 601 et seq.). The Small Business 
Administration (SBA) defines a small business as having:
     Annual revenues of $5 million or less for exploration 
service and field service companies; and
     Fewer than 500 employees for drilling companies and for 
companies that extract minerals other than oil, gas, or natural gas 
liquids.
    Under the SBA's North American Industry Classification System code

[[Page 46857]]

213115, Support Activities for Nonmetallic Minerals (except fuels), MMS 
estimates that there is a total of 127 firms that could conduct 
geological and/or geophysical prospecting for nonenergy minerals. 
According to SBA criteria, 121 companies qualify as firms with fewer 
than 500 employees. MMS estimates that 25 percent (30) of these 
companies operate offshore.
    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.
    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 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 not requiring a 
permit. The 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 may apply for a prospecting 
permit or one institution may 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 not requiring a permit. The current regulations are silent 
on this issue. We estimate that the new requirements may result in 
filing one notice per year. Each notice would require 6 hours to 
prepare, at a cost of $50 per hour, for a total cost of $300 per 
notice.
    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 rule will not have a significant economic effect on a 
substantial number of small entities.
    We should note that this 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 rule are relatively 
small. Given the high costs of mineral prospecting, we expect an 
applicant's time and expense 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. You may comment to the Small Business 
Administration without fear of retaliation. Disciplinary action for 
retaliation by an MMS employee may include suspension or termination 
from employment with the Department of the Interior.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under the (5 U.S.C. 804(2)), SBREFA. 
This 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 United 
States-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.

Paperwork Reduction Act (PRA) of 1995

    We examined the proposed rule and these final regulations under 
section 3507(d) of the PRA. Because of the changes proposed to the 
current 30 CFR part280 regulations, we submitted the information 
collection requirements to OMB for approval as part of the proposed 
rulemaking process. The information collection requirements in the 
final regulations remain unchanged from the proposed rule and a 
submission to OMB is not required.
    The PRA provides that an agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid control number. OMB approved the 
requirements to collect information in 30 CFR part 280 under OMB 
control number 1010-0072, current expiration date of January 31, 2003.
    The title of this collection of information is ``30 CFR part 280, 
Prospecting for Minerals other than Oil, Gas, and Sulphur on the OCS.'' 
The frequency of response is generally ``on occasion'' or established 
in the permit approval. We estimate approximately one or two 
respondents each year.
    We use the collection of information required by these regulations 
to ensure there is no environmental degradation, personal harm, damage 
to historical or archaeological sites, or interference with other uses; 
to analyze and evaluate preliminary or planned drilling

[[Page 46858]]

activities; to monitor progress and activities on the OCS; to acquire 
G&G data and information; and to determine eligibility for 
reimbursement.
    Responses are mandatory or required to obtain or retain a benefit. 
We protect proprietary information under the Freedom of Information Act 
(5 U.S.C. 552) and its implementing regulations (43 CFR part 2), and 
under regulations at 30 CFR 280.70 and applicable sections of 30 CFR 
parts 250 and 252. No items of a sensitive nature are collected.
    Reporting and Recordkeeping ``Hour'' Burden: The approved annual 
burden of this collection of information is 88 hours.
    Reporting and Recordkeeping ``Non-Hour Cost'' Burden: There are no 
``non-hour cost'' burdens in the final regulations.

Federalism (Executive Order 13132)

    According to Executive Order 13132, the rule does not have 
significant Federalism implications. This rule does not substantially 
and directly affect the relationship between the Federal and State 
governments. The proposed rule does not change, in any way, the role or 
responsibilities between the Federal, State, and local governmental 
entities. The rule does not relate to the structure and role of the 
States and will not have a direct, substantive, or significant effect 
on States. The rule does not impose costs on States or localities. The 
proposed rule will not materially alter the budgetary impact of 
entitlements, grants, user fees, loan programs or raise legal or policy 
issues.

Takings Implications Assessment (Executive Order 12630)

    According to Executive Order 12630, the rule does not have 
significant Takings implications. A Takings Implication Assessment is 
not required because the rule would not take away or restrict an 
operator's right to collect data and information under the permit 
terms.

Energy Supply, Distribution, or Use (Executive Order)

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866. The 
rule does not have a significant effect on energy supply, distribution, 
or use because it is a modification of an already existing rule and the 
major modification has to do with notification of scientific research 
activities not exploration or energy.

Civil Justice Reform (Executive Order 12988)

    According to Executive Order 12988, the Office of the Solicitor has 
determined that this 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 rule does not constitute a major Federal action significantly 
affecting the quality of the human environment.

Unfunded Mandate Reform Act (UMRA) of 1995

    This 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 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: July 2, 2002.
Rebecca W. Watson,
Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, MMS revises 30 CFR part 280 
as follows:

PART 280--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR 
ON 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 may conduct prospecting activities?
280.11  What must I do before I may 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 must I not do in conducting Geological and Geophysical 
(G&G) prospecting or scientific research?
280.21  What must I do in conducting G&G prospecting or scientific 
research?
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 may MMS require me to stop activities under this part?
280.26  When may I resume activities?
280.27  When may MMS cancel my permit?
280.28  May I relinquish 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 procedure will MMS follow to disclose acquired data and 
information to a contractor for reproduction, processing, and 
interpretation?
280.73  Will MMS share data and information 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.

[[Page 46859]]

Subpart A--General Information


Sec. 280.1  What definitions apply to this part?

    Definitions in this part have the following meaning:
    Act means the 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):
    (l) 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 
outer limit of the United States 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 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 data and information means data and information gathered 
through or derived from geological and geochemical techniques, e.g., 
coring and test drilling, well logging, bottom sampling, or other 
physical sampling or chemical testing process.
    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 investigations related to hard minerals that are conducted on 
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 waters acquired while conducting 
prospecting or scientific research activities.
    Geophysical data and information means any data or information 
gathered through or derived from geophysical measurement or sensing 
techniques (e.g., gravity, magnetic, or seismic).
    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 on the OCS; and
    (2) Not covered under a permit.
    Oil, gas, and sulphur means oil, gas, and sulphur, geopressured-
geothermal and associated resources, including gas hydrates.
    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;

[[Page 46860]]

    (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 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, or its 
successor.
    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 on the OCS.


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 on the OCS in Federal waters related 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 on 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 (RD); 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 on the OCS;
    (b) Federal agencies;
    (c) Postlease activities for mineral resources other than oil, gas, 
and sulphur, which are covered by regulations at 30 CFR part 282; and
    (d) G&G exploration or G&G scientific research activities related 
to oil, gas, and sulphur, including gas hydrates, 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 may 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 G&G prospecting activities, you must have a separate 
permit for each.


Sec. 280.11  What must I do before I may conduct scientific research?

    You may conduct G&G scientific research activities related to hard 
minerals on 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 (including 
federally-funded research) 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 RD 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 RD 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 RD will explain the reasons for the 
disapproval and what you must 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;

[[Page 46861]]

    (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 * * *
------------------------------------------------------------------------
(1) State of Alaska..........  Regional Supervisor for Resource
                                Evaluation, Minerals Management Service,
                                Alaska OCS Region, 949 East 36th Avenue,
                                Anchorage, AK 99508-4363.
(2) 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, LA 70123-
                                2394.
(3) 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, CA 93010-6064.
------------------------------------------------------------------------

Subpart C--Obligations Under this Part

Prohibitions and Requirements


Sec. 280.20  What must I not do in conducting Geological and 
Geophysical (G&G) prospecting or scientific research?

    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 in conducting G&G prospecting or scientific 
research?

    While conducting G&G prospecting or scientific research activities 
under a permit or notice, you must:
    (a) Immediately report to the RD if you:
    (1) Detect hydrocarbon or any other mineral occurrences;
    (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, you must use the best available and safest 
technologies that the RD 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 RD'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?

    (a) 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.
    (b) MMS 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 RD, 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 RD.

Interrupted Activities


Sec. 280.25  When may MMS require me to stop activities under this 
part?

    (a) We may temporarily stop prospecting or scientific research 
activities under a permit when the RD 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 archaeological 
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

[[Page 46862]]

    (3) Stopping the activities is in the interest of national security 
or defense.
    (b) The RD 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 may I resume activities?

    The RD will advise you when you may start your permit activities 
again.


Sec. 280.27  When may MMS cancel my permit?

    The RD may cancel a permit at any time.
    (a) If we cancel your permit, the RD 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  May I relinquish my permit?

    (a) You may relinquish your permit at any time by advising the RD 
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 below typically 
will 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 Management Act 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 section 24 of the Act (43 U.S.C. 1350) and 
the procedures contained in 30 CFR part 250, subpart N for 
noncompliance with:
    (1) Any provision of the Act;
    (2) Any provisions of a G&G or drilling permit; or
    (3) 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 Sec. 250.1409 and 30 CFR part 290, subpart A, for 
instructions on how to appeal any decision assessing a civil penalty 
under 43 U.S.C. 1350 and 30 CFR part 250, subpart A.


Sec. 280.34  How can I appeal an order or decision?

    See 30 CFR part 290, subpart A, for instructions on how to appeal 
an order or decision.

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 RD, 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 RD 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 RD may ask you or a 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 RD 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 depths are related and, if the RD 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;

[[Page 46863]]

    (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 RD may specify.


Sec. 280.42  When geological data and information are obtained by a 
third party, what must we both 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 RD 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 RD, advise the RD, 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 RD 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 become available commercially to third parties via sale, 
trade, license agreement, or other means.
    (b) The RD 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 RD 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 RD 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 RD extends the delivery time.
    (e) At any time before final selection, the RD may review and 
return any or all geophysical data and information. We will notify you 
in writing of any data the RD decides to retain.


Sec. 280.51  What types of geophysical data and information must I 
submit to MMS?

    Unless the RD 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 we both 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 RD, 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 RD, advise the RD, 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 RD requests if:
    (1) You deliver G&G data and information to us for the RD to 
inspect or select and retain (according to Secs. 280.40 and 280.50);
    (2) We receive your request for reimbursement and the RD 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 RD, 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?

    In making data and information available to the public, the RD will 
follow the applicable requirements of:
    (a) The Freedom of Information Act (5 U.S.C. 552);

[[Page 46864]]

    (b) The implementing regulations at 43 CFR part 2;
    (c) The Act; and
    (d) The regulations at 30 CFR parts 250 and 252.
    (1) If the RD 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:
    (i) You and all third parties agree to the disclosure; or
    (ii) A provision of 30 CFR parts 250 and 252 allows us to make the 
disclosure.
    (2) 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.
    (3) When you detect any significant hydrocarbon occurrences or 
environmental hazards on unleased lands during drilling operations, the 
RD 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 
items (1), (2), and (3) in the following table:

------------------------------------------------------------------------
   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  What procedure will MMS follow to disclose acquired data 
and information to a contractor for reproduction, processing, and 
interpretation?

    (a) When practical, the RD will advise the person who submitted 
data and information under Secs. 280.40 or 280.50 of the intent to 
provide the data or information to an independent contractor or agent 
for reproduction, processing, and interpretation.
    (b) The person notified will have at least five working days to 
comment on the action.
    (c) When the RD 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) The independent contractor or agent must sign a written 
commitment not to sell, trade, license, or disclose data or information 
to anyone without the RD'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. The 
permittee or third parties who submitted proprietary data, information, 
and samples will be notified about the disclosure and will have at 
least five working days to comment on the action.
    (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.
    (iii) 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.
    (iv) 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) The Office of Management and Budget (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 on 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.

[[Page 46865]]

    (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, NW., Washington, DC 
20240.

[FR Doc. 02-17879 Filed 7-16-02; 8:45 am]
BILLING CODE 4310-MR-P