43 C.F.R. Subpart 3192—Cooperative Agreements
Title 43 - Public Lands: Interior
Source: 62 FR 49586, Sept. 22, 1997, unless otherwise noted.
(a) A cooperative agreement is a contract between the Bureau of Land Management (BLM) and a Tribe or State to conduct inspection, investigation, or enforcement activities on producing Indian Tribal or allotted oil and gas leases. (b) BLM will enter into a cooperative agreement with a State to inspect oil and gas leases on Indian lands only with the permission of the Tribe with jurisdiction over the lands. (a) The Tribal chairperson, or other authorized official, of a Tribe with producing oil or gas leases, or agreements under the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.), may apply for a cooperative agreement with BLM for Indian lands under the Tribe's jurisdiction. (b) Tribes may join together to apply for a multi-tribe cooperative agreement. (c) The Governor of a State having a Tribal resolution from the Tribe with jurisdiction over the Indian lands, permitting the Governor to enter into a cooperative agreement, may apply for a cooperative agreement with BLM. (a) To apply for a cooperative agreement you must complete— (1) Standard Form 424, Application for Federal Assistance; (2) Standard Form 424A, Budget Information—Non-Construction Programs; and (3) Standard Form 424B, Assurances—Non-Construction Programs. (b) You must describe the type and extent of oil and gas inspection, enforcement, and investigative activities proposed under the agreement and the period of time the proposed agreement will be in effect (See section 11 of Standard Form 424). (c) You may include allotted lands under an agreement with the written consent of all allottees or their heirs. BLM will ask the Bureau of Indian Affairs (BIA) to verify that the Tribe or State has obtained all of the necessary signatures to commit 100 percent of each individual tract of allotted lands to the agreement. Cooperative agreements can be in effect for a period from 1 to 5 years from the effective date of the agreement, as set out in the agreement. You may modify a cooperative agreement by having all parties to the agreement consent to the change in writing. If the agreement is with a State, and the modification would affect the duration or scope of the agreement, then the State must obtain the written consent of the affected Tribe and/or allottee or heir. BLM will evaluate Tribal or State requests for proprietary data on a case-by-case basis according to the requirements of §3190.1 of this part. You must use Federal assistance that you receive only for costs incurred which are directly related to the activities carried out under the cooperative agreement. You must obtain BLM's written approval before you subcontract any activities in the agreement with the exception of financial audits of program funds that are required by the Single Audit Act of 1984 (31 U.S.C. 7501 et seq.). The cooperative agreement must— (a) State its purpose, objective, and authority; (b) Define terms used in the agreement; (c) Describe the Indian lands covered; (d) Describe the roles and responsibilities of BLM and the Tribe or State; (e) Describe the activities the Tribe or State will carry out; (f) Define the minimum performance standards to evaluate Tribal or State performance; (g) Include provisions to— (1) Protect proprietary data, as provided in §3190.1 of this part; (2) Prevent conflict of interest, as provided in §3192.14(d); (3) Share civil penalties, as provided in §3192.11; and (4) Terminate the agreement; (h) List BLM and Tribal or State contacts; (i) Avoid duplication of effort between BLM and the Tribe or State when conducting inspections; (j) List schedules for— (1) Inspection activities; (2) Training of Tribal or State inspectors; (3) Periodic reviews and meetings; (k) Specify the limit on the dollar amount of Federal funding; (l) Describe procedures for Tribes or States to request payment reimbursement; (m) Describe allowable costs subject to reimbursement; and (n) Describe plans for BLM oversight of the cooperative agreement. (a) BLM will pay expenses allowed under part 12, subpart A, Administrative and Audit Requirements and Cost Principles for Assistance Programs, of this title. (b) BLM will fund the agreements up to 100 percent of allowable costs. (c) Funding is subject to the availability of BLM funds. (d) Funding for cooperative agreements is subject to the shared civil penalties requirement of §3192.11. (a) Civil penalties that the Federal Government collects resulting from an activity carried out by a Tribe or State under a cooperative agreement are shared equally between the inspecting Tribe or State and BLM. (b) BLM must deduct the amount of the civil penalty paid to the Tribe or State from the funding paid to the Tribe or State for the cooperative agreement. Activities carried out under the cooperative agreement must be in accordance with the policies of the appropriate BLM State or field office and as specified in the agreement, and may include— (a) Inspecting Tribal or allotted oil and gas leases for compliance with BLM regulations; (b) Issuing initial Notices of Incidents of Non-Compliance, Form 3160–9, and Notices to Shut Down Operations, Form 3160–12; (c) Conducting investigations; or (d) Conducting oil transporter inspections. (a) Under cooperative agreements, BLM continues to— (1) Issue Notices of Incidents of Noncompliance that impose monetary assessments and penalties; (2) Collect assessments and penalties; (3) Calculate and distribute shared civil penalties; (4) Train and certify Tribal or State inspectors; (5) Issue and regulate inspector identification cards; and (6) Identify leases to be inspected, taking into account the priorities of the Tribe. Priorities for allotted lands will be established through consultation with the BIA office with jurisdiction over the lands in the agreement. (b) If BLM enters into a cooperative agreement, that agreement does not affect BLM's right to enter lease sites to conduct inspections, enforcement, investigations or other activities necessary to supervise lease operations. (a) Tribal or State inspectors must be certified by BLM before they conduct independent inspections on Indian oil and gas leases. (b) The standards for certifying Tribal or State inspectors must be the same as the standards BLM uses for certifying BLM inspectors. (c) Tribal and State inspectors must satisfactorily complete on-the-job and classroom training in order to qualify for certification. (d) Tribal or State inspectors must not— (1) Inspect the operations of companies in which they, a member of their immediate family, or their immediate supervisor, have a direct financial interest; or (2) Use for personal gain, or gain by another person, information he or she acquires as a result of his or her participating in the cooperative agreement. (a) Cooperative agreements may be terminated at any time if all parties agree to the termination in writing. (b) BLM may terminate an agreement without Tribal or State agreement if the— (1) Tribe or State fails to carry out the terms of the agreement; or (2) Agreement is no longer needed. (c) A Tribe may unilaterally terminate an agreement after notifying BLM. For a unilateral termination, the agreement terminates 60 days after the Tribe notifies BLM. (a) If BLM intends to terminate your agreement because you did not carry out the terms of the agreement, BLM must send you a notice that lists the reason(s) why BLM intends to terminate the agreement. (b) Within 30 days after receiving the notice, you must send BLM a plan to correct the problem(s) BLM listed in the notice. BLM has 30 days to approve or disapprove the plan, in writing. (c) If BLM approves the plan, you have 30 days after you receive notice of the approval to correct the problem(s). (d) If you have not corrected the problem within 30 days, BLM will send you a second written termination notice that will give you another opportunity to correct the problem. (e) If the problem is not corrected within 60 days after you receive the second notice, BLM will terminate the agreement. (a) If your cooperative agreement was terminated by consent, you may request that BLM reinstate the agreement at any time. (b) If BLM terminated an agreement because you did not carry out the terms of the agreement, you must prove that you have corrected the problem(s) and are able to carry out the terms of the agreement. (c) For any reinstatement request BLM will decide whether or not your cooperative agreement may be reinstated and, if so, whether you must make any changes to the agreement before it can be reinstated. Any party adversely affected by a BLM decision made under this subpart may appeal the decision in accordance with parts 4 and 1840 of this title.
Title 43: Public Lands: Interior
PART 3190—DELEGATION OF AUTHORITY, COOPERATIVE AGREEMENTS AND CONTRACTS FOR OIL AND GAS INSPECTION
Subpart 3192—Cooperative Agreements
§ 3192.1 What is a cooperative agreement?
§ 3192.2 Who may apply for a cooperative agreement with BLM to conduct oil and gas inspections?
§ 3192.3 What must a Tribe or State include in its application for a cooperative agreement?
§ 3192.4 What is the term of a cooperative agreement?
§ 3192.5 How do I modify a cooperative agreement?
§ 3192.6 How will BLM evaluate my request for proprietary data?
§ 3192.7 What must I do with Federal assistance I receive?
§ 3192.8 May I subcontract activities in the agreement?
§ 3192.9 What terms must a cooperative agreement contain?
§ 3192.10 What costs will BLM pay?
§ 3192.11 How are civil penalties shared?
§ 3192.12 What activities may Tribes or States perform under cooperative agreements?
§ 3192.13 What responsibilities must BLM keep?
§ 3192.14 What are the requirements for Tribal or State inspectors?
§ 3192.15 May cooperative agreements be terminated?
§ 3192.16 How will I know if BLM intends to terminate my agreement?
§ 3192.17 Can BLM reinstate cooperative agreements that have been terminated?
§ 3192.18 Can I appeal a BLM decision?
