30 C.F.R. Subpart D—Data Requirements
Title 30 - Mineral Resources
(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. 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; (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. 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 §280.40(a) and is subject to the penalty provisions of §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.
Title 30: Mineral Resources
PART 280—PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF
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?
(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.
§ 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.
§ 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 §280.50(a) and is subject to the penalty provisions of §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
§ 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 §§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.
§ 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
§ 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);
(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.
§ 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.------------------------------------------------------------------------
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(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. § 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 §§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. § 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. Browse Previous | Browse Next
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