30 C.F.R. § 250.160   When will MMS grant me a right-of-use and easement, and what requirements must I meet?


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF
Subpart A—General
Right-of-use and Easement

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§ 250.160   When will MMS grant me a right-of-use and easement, and what requirements must I meet?

MMS may grant you a right-of-use and easement on leased and unleased lands on the OCS, if you meet these requirements:

(a) You must need the right-of-use and easement to construct and maintain platforms, artificial islands, and installations and other devices at an OCS site other than an OCS lease you own, that are:

(1) Permanently or temporarily attached to the seabed; and

(2) Used for conducting exploration, development, and production activities or other operations on or off lease; or

(3) Used for other purposes approved by MMS.

(b) You must exercise the right-of-use and easement according to the regulations of this part;

(c) You must meet the requirements at 30 CFR 256.35 (Qualification of lessees); establish a regional Company File as required by MMS; and must meet bonding requirements;

(d) If you apply for a right-of-use and easement on a leased area, you must notify the lessee and give her/him an opportunity to comment on your application; and

(e) You must receive MMS approval for all platforms, artificial islands, and installations and other devices permanently or temporarily attached to the seabed.

(f) You must pay a fee as required by paragraph (g) of this section if:

(1) You obtain a right-of-use and easement after January 12, 2004; or

(2) You ask MMS to modify your right-of-use and easement to change the footprint of the associated platform, artificial island, or installation or device.

(g) If you meet either of the conditions in paragraph (f) of this section, you must pay a fee to MMS as shown in the following table:

 ------------------------------------------------------------------------               If...                               Then...------------------------------------------------------------------------(1) Your right-of-use and easement   You must pay a rental of $5 per site is located in water depths of   acre per year with a minimum of less than 200 meters;                $450 per year. The area subject to                                      annual rental includes the areal                                      extent of anchor chains, pipeline                                      risers, and other equipment                                      associated with the platform,                                      artificial island, installation or                                      device.(2) Your right-of-use and easement   You must pay a rental of $7.50 per site is located in water depths of   acre per year with a minimum of 200 meters or greater;               $675 per year. The area subject to                                      annual rental includes the areal                                      extent of anchor chains, pipeline                                      risers, and other equipment                                      associated with the platform,                                      artificial island, or installation                                      or device.------------------------------------------------------------------------

(h) You may make the rental payments required by paragraph (g)(1) and (g)(2) of this section on an annual basis, for a 5-year period, or for multiples of 5 years. You must make the first payment at the time you submit the right-of-use and easement application. You must make all subsequent payments before the respective time periods begin.

(i) Late payments. An interest charge will be assessed on unpaid and underpaid amounts from the date the amounts are due, in accordance with the provisions found in 30 CFR 218.54. If you fail to make a payment that is late after written notice from MMS, MMS may initiate cancellation of the right-of-use grant and easement.

[64 FR 72775, Dec. 28, 1999, as amended at 68 FR 69311, Dec. 12, 2003; 69 FR 29433, May 24, 2004]

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