43 C.F.R. Subpart 3255—Confidential, Proprietary Information
Title 43 - Public Lands: Interior
All Federal and Indian data and information submitted to the BLM are subject to part 2 of this title. Part 2 includes the regulations of the Department of the Interior covering public disclosure of data and information contained in Department of Interior records. Certain mineral information not protected from disclosure under part 2 may be made available for inspection without a Freedom Of Information Act (FOIA) request. When you submit data and information that you believe to be exempt from disclosure by 43 CFR part 2, you must clearly mark each page that you believe contains confidential information. BLM will keep all data and information confidential to the extent allowed by 43 CFR 2.13(c). The FOIA does not provide a finite period of time for which information may be exempt from disclosure to public. Each situation will need to be reviewed individually and in accordance with guidance provided by 43 CFR part 2. Under the Indian Mineral Development Act of 1982 (IMDA) (25 U.S.C. 2101 et seq.), the Department of the Interior will hold as privileged proprietary information of the affected Indian or Indian tribe— (a) All findings forming the basis of the Secretary's intent to approve or disapprove any Minerals Agreement under IMDA; and (b) All projections, studies, data, or other information concerning a Minerals Agreement under IMDA, regardless of the date received, related to— (1) The terms, conditions, or financial return to the Indian parties; (2) The extent, nature, value, or disposition of the Indian mineral resources; or (3) The production, products, or proceeds thereof. 11. Section 3255.14 is added to read as follows: [63 FR 52953, Oct. 1, 1998] For information concerning Indian minerals not covered by §3255.13, BLM will withhold such records as may be withheld under an exemption to the Freedom of Information Act (FOIA) (5 U.S.C. 552) when it receives a request for information related to tribal or Indian minerals held in trust or subject to restrictions on alienation. 12. Section 3255.15 is added to read as follows: [63 FR 52953, Oct. 1, 1998] BLM will notify the Indian mineral owner(s) identified in the records of the Bureau of Indian Affairs (BIA), and BIA, and give them a reasonable period of time to state objections to disclosure, using the standards and procedures of §2.15(d) of this title, before making a decision about the applicability of FOIA exemption 4 to: (a) Information obtained from a person outside the United States Government; when (b) Following consultation with a submitter under §2.15(d) of this title, BLM determines that the submitter does not have an interest in withholding the records that can be protected under FOIA; but (c) BLM has reason to believe that disclosure of the information may result in commercial or financial injury to the Indian mineral owner(s), but is uncertain that such is the case. [63 FR 52953, Oct. 1, 1998]
Title 43: Public Lands: Interior
PART 3200—GEOTHERMAL RESOURCE LEASING
Subpart 3255—Confidential, Proprietary Information
§ 3255.10 Will BLM disclose information I submit under these regulations?
§ 3255.11 When I submit confidential, proprietary information, how can I help ensure it is not available to the public?
§ 3255.12 How long will information I give BLM remain confidential or proprietary?
§ 3255.13 How will BLM treat Indian information submitted under the Indian Mineral Development Act?
§ 3255.14 How will BLM administer information concerning other Indian minerals?
§ 3255.15 When will BLM consult with Indian mineral owners when information concerning their minerals is the subject of a FOIA request?
