30 C.F.R. § 251.14 Protecting and disclosing data and information submitted to MMS under a permit.
Title 30 - Mineral Resources
(a) Disclosure of data and information to the public by MMS. (1) In making data and information available to the public, the Regional Director will follow the applicable requirements of: (i) The Freedom of Information Act (5 U.S.C. 552); (ii) The implementing regulations at 43 CFR part 2; (iii) The Act; and (iv) The regulations at 30 CFR parts 250 and 252. (2) Except as specified in this section or in 30 CFR parts 250 and 252, if the Regional Director determines any data or information is exempt from public disclosure under paragraph (a) of this section, MMS will not provide the data and information to any State or to the executive of any local government or to the public, unless you and all third parties agree to the disclosure. (3) MMS will keep confidential the identity of third party recipients of data and information collected under a permit. MMS will not release the identity unless you and the third parties agree to the disclosure. (4) 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, but without unduly damaging your competitive position. (b) Timetable for release of G&G data and information that MMS acquires. Except for high-resolution data and information released under 30 CFR 250.196(b)(2), MMS will release or disclose data and information that you or a third party submit and MMS retains in accordance with paragraphs (b)(1), (b)(2), and (b)(3) of this section. (1) If the data and information are not related to a deep stratigraphic test, MMS will release them to the public in accordance with the following table: (2) If the data and information are related to a deep stratigraphic test, MMS will release them to the public at the earlier of the following times: (i) Twenty-five years after you complete the test; or (ii) If a lease sale is held after you complete a test well, 60 calendar days after MMS issues the first lease, any portion of which is located within 50 geographic miles (92.7 kilometers) of the test. (3) MMS may allow limited inspection, but only by persons with a direct interest in related MMS decisions and issues in specific geographic areas, and who agree in writing to its confidentiality, of G&G data and information submitted under this part that MMS uses to: (i) Make unitization determinations on two or more leases; (ii) Make competitive reservoir determinations; (iii) Ensure proper plans of development for competitive reservoirs; (iv) Promote operational safety; (v) Protect the environment; (vi) Make field determinations; or (vii) Determine eligibility for royalty relief. (c) Procedure that MMS follows to disclose acquired data and information to a contractor for reproduction, processing, and interpretation. (1) When practical, the Regional Director will advise the person who submitted data and information under §§251.11 or 251.12 of the intent to disclose the data or information to an independent contractor or agent. (2) The person so notified will have at least 5 working days to comment on the action. (3) When the Regional Director advises the person who submitted the data and information, all other owners of the data or information will be considered to have been so notified. (4) 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. (d) Sharing data and information with coastal States. (1) When MMS solicits nominations for leasing lands located within 3 geographic miles (5.6 kilometers) of the seaward boundary of any coastal State, the Regional Director, in accordance with 30 CFR 252.7 (a)(4) and (b) and subsections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)), will provide the Governor with: (i) All information on the geographical, geological, and ecological characteristics of the areas and regions MMS proposes to offer for lease; (ii) An estimate of the oil and gas reserves in the areas proposed for leasing; and (iii) An identification of any field, geological structure, or trap on the OCS within 3 geographic miles (5.6 kilometers) of the seaward boundary of the State. (2) After receiving nominations for leasing an area of the OCS within 3 geographic miles of the seaward boundary of any coastal State, MMS will carry out a tentative area identification according to 30 CFR part 256, subparts D and E. At that time, the Regional Director will consult with the Governor to determine whether any tracts further considered for leasing may contain any oil or gas reservoirs that underlie both the OCS and lands subject to the jurisdiction of the State. (3) Before a sale, if a Governor requests, the Regional Director, in accordance with 30 CFR 252.7(a)(4) and (b) and sections 8(g) and 26(e) of the Act (43 U.S.C. 1337(g) and 1352(e)), will share with the Governor information that identifies potential and/or proven common hydrocarbon bearing areas within 3 geographic miles of the seaward boundary of that State. (4) Information received and knowledge gained by a State official under paragraph (d) of this section is subject to applicable confidentiality requirements of: (i) The Act; and (ii) The regulations at 30 CFR parts 250, 251, and 252. [62 FR 67284, Dec. 24, 1997, as amended at 71 FR 16039, Mar. 30, 2006]
Title 30: Mineral Resources
PART 251—GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF
§ 251.14 Protecting and disclosing data and information submitted to MMS under a permit.
------------------------------------------------------------------------ The Regional Director will If you or a third party submit and MMS retains * * * release them to the public * * *------------------------------------------------------------------------(i) Geological data and information........................... 10 years after MMS issues the permit.Geophysical data.............................................. 50 years after MMS issues the permit.Geophysical information....................................... 25 years after MMS issues the permit.------------------------------------------------------------------------
