[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Proposed Rules]
[Pages 6149-6159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3200]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 251

RIN 1010-AC10


Geological and Geophysical (G&G) Explorations of the Outer 
Continental Shelf

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Proposed rule.

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SUMMARY: We propose to revise the regulations that specify how to 
conduct G&G exploration and research for oil, gas, and sulphur in the 
Outer Continental Shelf (OCS) under a permit and to expand the 
provisions governing research by requiring everyone conducting G&G 
scientific research in the OCS without a permit to file a notice with 
MMS. These revisions respond to changes in technology and practice.

DATES: MMS will consider all comments we receive by April 14, 1997. We 
will begin reviewing comments then and may not fully consider comments 
we receive after April 14, 1997.

ADDRESSES: Mail or hand-carry written comments to the Department of the 
Interior, Minerals Management Service, Mail Stop 4700, 381 Elden 
Street, Herndon, Virginia 20170-4817, Attention: John V. Mirabella, 
Chief, Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT: David R. Zinzer, Geologic Assessment 
Branch, (703) 787-1515 or Kumkum Ray, Engineering and Standards Branch, 
(703) 787-1600.

SUPPLEMENTARY INFORMATION: The Outer Continental Shelf Lands Act 
(OCSLA) (43 U.S.C. 1331 et seq.) is the basis for MMS regulations to 
administer G&G exploration and scientific research activities in the 
OCS. Section 11(a) of the OCSLA provides authority for the Secretary of 
the Interior (Secretary) to permit G&G exploration activities as 
follows:
    (a) Approved exploration plans.
    (1) Any agency of the United States and any person authorized by 
the Secretary may conduct geological and geophysical explorations in 
the outer Continental Shelf, which do not interfere with or endanger 
actual operations under any lease maintained or granted pursuant to 
this Act, and which are not unduly harmful to aquatic life in such 
area.
    The regulations at 30 CFR part 251 implement the Secretary's 
authority and prescribe:
    (1) MMS requirements for a permit or the filing of a statement of 
intent (notice) to conduct G&G exploration or scientific research in 
the OCS,
    (2) Operating procedures for conducting exploration or scientific 
research,
    (3) Conditions for reimbursing permittee for certain costs,
    (4) Other conditions for conducting exploration and research, and
    (5) Procedures for drilling deep stratigraphic tests in the OCS.
    This proposed rule is especially timely now. Advances in 3-D 
seismic

[[Page 6150]]

acquisition and processing, graphics imaging, modeling, and other 
technologies have significantly increased exploration, especially in 
deep water, subsalt plays, and in deeper horizons of the Gulf of Mexico 
OCS.

I. Background for Expanding the Notice Requirement

    The revised requirement for a notice before conducting any G&G 
scientific research was developed to address instances in which 
academic institutions conducted research and:
    <bullet> They or industry sponsors held the data and analyzed and 
processed information as proprietary.
    <bullet> They also offered for sale at least some of the data and 
information.
    MMS defines such activities as G&G explorations and does not 
consider them G&G scientific research. A permit is required for 
exploration. For these reasons, the expanded notice requirement is 
needed to keep MMS informed of any G&G scientific research conducted on 
the OCS related to oil, gas, and sulphur. After receiving the notice, 
MMS will inform those conducting research of all necessary 
environmental regulations and laws. In this way, the researcher will be 
better able to follow safe and environmentally sound practices.

II. Clarification of Meaning of Terms ``Transfer'' and ``Third 
Party'

    The current rule at Secs. 251.11 and 251.12 specifies what happens 
when G&G data and information are transferred from one person to 
another person. MMS lists in the proposed rule several different ways 
by which a ``transfer'' can take place, for example, by sale, sale of 
rights, license agreement, or trade. The proposed rule clarifies that 
if a permittee transfers data and information to a third party, no 
matter how that transfer is formulated or characterized by the 
participants, the obligation to provide access to MMS of the data and 
information is a condition of the transfer. Further, MMS clarifies that 
all third party recipients of the data and information will be subject 
to the penalty provisions of part 250, subpart N, if they fail to meet 
the obligation to provide access. The term ``third party'' continues to 
mean ``any person other than a representative of the United States or 
the permittee'' as stated in the current rule. The proposed rule 
clarifies that the third party includes ``all persons to whom the 
permittee sold, licensed, traded, or otherwise transferred data or 
information acquired under a permit.'' These clarifications are not new 
requirements. MMS routinely obtains G&G data and information from 
permittees and third parties to whom data and information were 
transferred by a permittee.
    MMS is including these clarifications in the proposed rule to 
eliminate any confusion that may arise due to misinterpretation of the 
rule. As mentioned earlier in the preamble, MMS administers G&G 
exploration and certain scientific research on the public lands of the 
OCS under the authority of the OCSLA. Since G&G exploration occurs on 
public lands, the MMS, before issuing a permit, imposes the condition 
that access to any data or information acquired must be provided to 
MMS. The regulated community is aware before obtaining a permit and 
expending any resources, or collecting any data and information, that 
it must agree to provide MMS all the data and information MMS requests 
and that MMS will pay reasonable costs for reproducing the data and 
information.

III. Discussion of Proposed Rule

    These revisions bring Part 251--Geological and Geophysical (G&G) 
Explorations of the Outer Continental Shelf up to date with recent 
changes in related regulations at 30 CFR part 250.
    Section 251.1 of the proposed regulation updates the definition 
list by removing unnecessary words and adding, modifying, or expanding 
definitions.
    Section 251.4(b)(2) explains that a notice will be required for all 
G&G scientific research related to oil, gas, and sulphur conducted in 
the OCS except for research requiring a permit.
    Section 251.5(c)(7) clarifies that at the earliest possible time, 
the data and information acquired through scientific research will be 
made available to the public or the permittee or person filing a 
notice.
    Section 251.5(d) provides current addresses of MMS regional offices 
as filing locations for permit applications and notices.
    Section 251.6(c) adds requirements for consulting and coordinating 
all G&G activities with other users of the area.
    Section 251.7(d) changes the bond amount for drilling of a deep 
stratigraphic test for a single test well, or for an area bond, to be 
consistent with the current bonding requirements in 30 CFR part 256, 
subpart I, for drilling under an Exploration Plan. MMS published a 
proposed rule revising surety bond requirements on December 8, 1995 (60 
FR 63011). After MMS publishes the final rule on surety bond 
requirements, we will modify 30 CFR part 251 to reflect the changes.
    Section 251.8(b) specifies that a permittee must request in writing 
to modify or extend operations and could proceed with the modifications 
only after the Regional Director approves them.
    Section 251.8(c) directs a permittee to submit status reports on a 
schedule specified in the permit rather than monthly. This would allow 
variations in the reporting requirements among OCS Regions.
    Section 251.8(c)(2)(ii) requires that the final report contain 
digital navigational data in a format the Regional Director specifies 
in addition to charts, maps, and plats.
    Section 251.11 adds processed geological information to the types 
of data requested throughout this section. The revision of 
Sec. 251.11(b)(2) clarifies that washed samples may no longer replace 
paleontological reports and, if maintained, should be made available 
for MMS inspection if requested by the Regional Director. Sections 
251.11(c) and 251.12(d) clarify that any transfer of geological or 
geophysical data and information to a third party would transfer the 
obligations to provide access to MMS as well. When the third party 
accepts the transfer, it must also accept the obligation to provide 
access and is subject to the penalty provisions of 30 CFR part 250 
subpart N, if it fails to do so.

IV. Procedural Matters

Executive Order (E.O.) 12866

    This proposed rule is not significant under E.O. 12866.

Regulatory Flexibility Act

    The Department of the Interior (DOI) has determined that this 
proposed rule will not have a significant economic effect on a 
substantial number of small entities. In many ways MMS offers customer 
service to a number of small companies that participate in G&G work. An 
example is the northern Gulf of Mexico Oil and Gas Atlas which MMS 
helped to develop. This atlas classifies reservoirs based upon geologic 
and engineering parameters. The atlas will assist smaller oil and gas 
companies to more efficiently discover and develop hydrocarbons in the 
offshore northern Gulf of Mexico. The revised requirements in this 
proposed rule contain simple and routine requirements that can be 
carried out at a negligible cost. The benefits of the revisions are 
many. MMS would inform those conducting G&G research of environmental 
laws and regulations and thus ensure environmentally safe and sound 
practices. The revisions would also help to minimize conflict with 
other users of the area. The rule is in

[[Page 6151]]

``plain English'' so small companies unfamiliar with MMS regulations 
will find it easier to follow.

Paperwork Reduction Act

    This proposed rule contains a collection of information which has 
been submitted to the Office of Management and Budget (OMB) for review 
and approval under section 3507 (d) of the Paperwork Reduction Act of 
1995. As part of our continuing effort to reduce paperwork and 
respondent burdens, MMS invites the public and other Federal agencies 
to comment on any aspect of the reporting burden. Submit your comments 
to the Office of Information and Regulatory Affairs; OMB; Attention: 
Desk Officer for the Department of the Interior (OMB control number 
1010-0048); Washington, D.C. 20503. Send a copy of your comments to the 
Chief, Engineering and Standards Branch; Mail Stop 4700; Minerals 
Management Service; 381 Elden Street; Herndon, Virginia 20170-4817. You 
may obtain a copy of the supporting statement for the collection of 
information by contacting the Bureau's Information Collection Clearance 
Officer at (703) 787-1242.
    OMB may make a decision to approve or disapprove this collection of 
information within 30 days after receipt of our request. Therefore, 
your comments are best assured of being considered by OMB if they are 
received within the time period. However, MMS will consider all 
comments received during the comment period for this notice of proposed 
rulemaking.
    OMB previously approved the information collections in the current 
30 CFR Part 251 under OMB control numbers 1010-0031, 1010-0034, 1010-
0036, and 1010-0048. For the proposed new rule, all of the requirements 
will be included under OMB control number 1010-0048. The title of this 
collection of information is ``30 CFR Part 251, Geological and 
Geophysical (G&G) Explorations of the OCS.''
    The collection of information in the proposed rule consists of:
    (a) A permit application for conducting geological and geophysical 
(G&G) exploration offshore or filing a notice for monitoring scientific 
research activities (30 CFR 251.5). The notification requirement for 
scientific research is new;
    (b) Reporting the detection of hydrocarbon occurrences, 
environmental hazards, or adverse effects (30 CFR 251.6(b);
    (c) Informing others in the OCS area of your G&G activities (30 CFR 
251.6(c));
    (d) Information required for test drilling activities (30 CFR 
251.7);
    (e) Requesting reimbursement of expenses incurred when MMS inspects 
your exploration activity (30 CFR 251.8(a));
    (f) Requesting modifications to and reporting progress of 
activities conducted under a permit (30 CFR 251.8(c));
    (g) Notifying MMS to relinquish a permit (30 CFR 251.9(c)(2));
    (h) Accurate and complete information on G&G data and information 
and subsequent analyses and interpretations (30 CFR 251.11 and 251.12); 
and
    (i) Requesting reimbursement for costs of:
    (1) Reproducing the data and information MMS selects; and
    (2) Processing, or reprocessing certain geophysical information (30 
CFR 251.13).
    MMS needs and uses the information to ensure there is no 
environmental degradation, personal harm, damage to historical or 
archaeological sites, or interference with other uses; to analyze and 
evaluate preliminary or planned drilling activities; to monitor 
progress and activities in the OCS; to acquire geological and 
geophysical data and information collected under a Federal permit 
offshore; and to determine eligibility for reimbursement from the 
government for certain costs.
    Respondents represent the oil, gas, and sulphur industry or 
academic institutions conducting G&G exploration or scientific research 
on the Federal OCS. The frequency of response is on occasion, with the 
exception of the status reports. The frequency of those will be 
specified in the G&G permit.
    The estimated annual reporting burden is 10,604 hours--an average 
of 7.7 hours per response. Based on $35 per hour, the burden hour cost 
to respondents is estimated to be $371,140. The estimate of other 
annual costs to respondents is unknown.
    MMS will summarize written responses to this notice and address 
them in the final rule. All comments will become a matter of public 
record.
    1. MMS specifically solicits comments on the following questions:
    (a) Is the proposed collection of information necessary for the 
proper performance of MMS's functions, and will it be useful?
    (b) Are the estimates of the burden hours of the proposed 
collection reasonable?
    (c) Do you have any suggestions that would enhance the quality, 
clarity, or usefulness of the information to be collected?
    (d) Is there a way to minimize the information collection burden on 
those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other forms of information 
technology?
    2. In addition, the Paperwork Reduction Act of 1995 requires 
agencies to estimate the total annual cost burden to respondents or 
recordkeepers resulting from the collection of information. MMS needs 
your comments on this item. Your response should split the cost 
estimate into two components:
    (a) Total capital and startup cost component and
    (b) Annual operation, maintenance, and purchase of services 
component.
    Your estimates should consider the costs to generate, maintain, and 
disclose or provide the information. You should describe the methods 
you use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information; monitoring, sampling, drilling, 
and testing equipment; and record storage facilities. Generally, your 
estimates should not include equipment or services purchased: before 
October 1, 1995; to comply with requirements not associated with the 
information collection; for reasons other than to provide information 
or keep records for the Government; or as part of customary and usual 
business or private practices.
    The Paperwork Reduction Act of 1995 provides that an agency may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

Takings Implication Assessment

    The proposed rule does not represent a Government action capable of 
interference with constitutionally protected property rights. A new 
requirement in the rule is a notice for scientific research in the OCS. 
Since MMS is not requiring the researcher to submit data and 
information or analyses resulting from the research activity, there is 
no direct or indirect taking.
    The proposed rule also clarifies the terms ``transfer'' and ``third 
party.'' When a permittee transfers data and information to a third 
party, there is a transfer of the obligation to provide access to MMS 
as well. Further, the recipient of the data and information is subject 
to the same penalty provisions as the original permittee--if a third 
party fails to provide access. These

[[Page 6152]]

clarifications better define existing requirements and add no new 
requirements.
    Other changes are not substantive or were made to put the 
regulation into plain English. Thus, a Takings Implication Assessment 
need not be prepared pursuant to E.O. 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights.''

Unfunded Mandates Reform Act of 1995

    The DOI has determined and certifies according to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not 
impose a cost of $100 million or more in any given year on local, 
tribal, and State governments, or the private sector.

E.O. 12988

    The DOI has certified to OMB that the rule meets the applicable 
reform standards provided in sections 3 (a) and 3 (b)(2) of E.O. 12988, 
``Civil Justice Reform.''

National Environmental Policy Act

    The DOI has also determined that this action does not constitute a 
major Federal action affecting the quality of the human environment; 
therefore, an Environmental Impact Statement is not required.

List of Subjects in 30 CFR Part 251

    Continental shelf, Freedom of information, Oil and gas exploration, 
Public lands-mineral resources, Reporting and recordkeeping 
requirements, Research.

    Dated: January 23, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons stated in the preamble, 30 CFR Part 251 is proposed 
to be revised to read as follows:

PART 251--GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE 
OUTER CONTINENTAL SHELF (OCS)

Sec.
251.1  Definitions.
251.2  Purpose of this part.
251.3  Authority and applicability of this part.
251.4  Types of G&G activities that require permits or notices.
251.5  Applying for permits or filing notices.
251.6  Obligations and rights under a permit or a notice.
251.7  Test drilling activities under a permit.
251.8  Inspection and reporting requirements for activities under a 
permit.
251.9  Temporarily stopping, canceling, or relinquishing activities 
approved under a permit.
251.10  Penalties and appeals.
251.11  Inspection, selection, and submission of geological data and 
information collected under a permit.
251.12  Inspection, selection, and submission of geophysical data 
and information collected under a permit.
251.13  Reimbursement for the cost of reproducing data and 
information and certain processing cost.
251.14  Protecting and disclosing data and information submitted to 
MMS under a permit.
251.15  Authority for information collection.

    Authority: 43 U.S.C. 1331 et seq.


Sec. 251.1  Definitions.

    Terms used in this part have the following meaning:
    Act means the OCS Lands Act, as amended (43 U.S.C. 1331 et seq.).
    Analyzed geological information means data collected under a permit 
or a lease that have been analyzed. Analysis may include but is not 
limited to identification of lithologic and fossil content, core 
analyses, laboratory analyses of physical and chemical properties, well 
logs or charts, results from formation fluid tests, and descriptions of 
hydrocarbon occurrences or hazardous conditions.
    Archaeological resources means any material remains of human life 
or activities that are at least 50 years of age and of archaeological 
interest.
    Coastal environment means the physical, atmospheric, and biological 
components, conditions, and factors that interactively determine the 
productivity, state, condition, and quality of the terrestrial 
ecosystem from the shoreline inward to the boundaries of the coastal 
zone.
    Coastal Zone means the coastal waters (including the lands therein 
and thereunder) and the adjacent shorelands (including the waters 
therein and thereunder), strongly influenced by each other and in 
proximity to the shorelines of the several coastal States and extends 
seaward to the outer limit of the U.S. territorial sea. Section 
305(b)(1) of the Coastal Zone Management Act identifies the inward 
boundaries of several coastal States.
    Coastal Zone Management Act means the Coastal Zone Management Act 
of 1972, as amended (16 U.S.C. 1451 et seq.).
    Data means facts, statistics, measurements, or samples that have 
not been analyzed, processed, or interpreted.
    Deep stratigraphic test means drilling that involves the 
penetration into the sea bottom of more than 500 feet (152 meters).
    Director means the Director of the Minerals Management Service, 
U.S. Department of the Interior, or a subordinate authorized to act on 
the Director's behalf.
    Exploration means the commercial search for oil, gas, and sulphur. 
Activities classified as exploration include but are not limited to:
    (1) Geological and geophysical surveys where magnetic, gravity, 
seismic reflection, seismic refraction, gas sniffers, coring, or other 
systems are used to detect or imply the presence of oil, gas, or 
sulphur; and
    (2) Any drilling, whether on or off a geological structure.
    Geological exploration means exploration that utilizes geological 
and geochemical techniques (e.g., coring and test drilling, well 
logging, and bottom sampling) to produce data and information on oil, 
gas, and sulphur resources in support of possible exploration and 
development activities. The term does not include geological scientific 
research.
    Geological and geophysical scientific research means any oil, gas, 
or sulphur related investigation conducted in the OCS for scientific 
and/or research purposes. Geological, geophysical, and geochemical data 
and information gathered and analyzed are made available to the public 
for inspection and reproduction at the earliest possible time. The term 
does not include commercial geological or geophysical exploration.
    Geophysical exploration means exploration that utilizes geophysical 
techniques (e.g., gravity, magnetic, or seismic) to produce data and 
information on oil, gas, and sulphur resources in support of possible 
exploration and development activities. The term does not include 
geophysical scientific research.
    Governor means the Governor of a State or the person or entity 
lawfully designated to exercise the powers granted to a Governor 
pursuant to the Act.
    Human environment means the physical, social, and economic 
components, conditions, and factors. These factors interactively 
determine the quality of life of those affected, directly or 
indirectly, by OCS activities.
    Hydrocarbon occurrence means the direct or indirect detection 
during drilling operations of any liquid or gaseous hydrocarbons by 
examination of well cuttings, cores, gas detector readings, formation 
fluid tests, wireline logs, or by any other means. The term does not 
include background gas, minor accumulations of gas, or heavy oil 
residues on cuttings and cores.

[[Page 6153]]

    Information means geological and geophysical data that have been 
analyzed, processed, or interpreted.
    Interpreted geological information means knowledge, often in the 
form of schematic cross sections, 3-dimensional representations, and 
maps, developed by determining the geological significance of 
geological data and analyzed geologic information.
    Interpreted geophysical information means knowledge, often in the 
form of seismic cross sections, 3-dimensional representations, and 
maps, developed by determining the geological significance of 
geophysical data and processed geophysical information.
    Lease means:
    (1) Any form of authorization which is issued under section 8 or 
maintained under section 6 of the Act and which authorizes exploration 
for, and/or development and production of, minerals; or
    (2) The area covered by such authorization, whichever is required 
by the context.
    Lessee has the same meaning as provided in 30 CFR 250.2.
    Marine environment means the physical, atmospheric, and biological 
components, conditions, and factors that interactively determine the 
quality of the marine ecosystem in the coastal zone and in the OCS.
    Minerals means oil, gas, sulphur, geopressured-geothermal and 
associated resources, and all other minerals which are authorized by an 
Act of Congress to be produced from ``public lands'' as defined in 
section 103 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1702).
    Notice means a written statement of intent to conduct geological or 
geophysical scientific research related to oil, gas, and sulphur in the 
OCS other than under a permit.
    Oil, gas, and sulphur means oil, gas, sulphur, geopressured-
geothermal, and associated resources.
    Outer Continental Shelf (OCS) means all submerged lands lying 
seaward and outside the area of lands beneath navigable waters as 
defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), and 
of which the subsoil and seabed appertain to the United States and are 
subject to its jurisdiction and control.
    Permit means the contract or agreement, other than a lease, issued 
pursuant to this part, under which a person acquires the right to 
conduct in the OCS:
    (1) Geological exploration for mineral resources;
    (2) Geophysical exploration for mineral resources;
    (3) Geological scientific research; or
    (4) Geophysical scientific research in accordance with appropriate 
statutes, regulations, and stipulations.
    Permittee means the person authorized by a permit issued pursuant 
to this part to conduct activities in the OCS.
    Person means a citizen or national of the United States; an alien 
lawfully admitted for permanent residence in the United States as 
defined in section 8 U.S.C. 1101(a)(20); a private, public, or 
municipal corporation organized under the laws of the United States or 
of any State or territory thereof; and associations of such citizens, 
nationals, resident aliens, or private, public, or municipal 
corporations, States, or political subdivisions of States or anyone 
operating in a manner provided for by treaty or other applicable 
international agreements. The term does not include Federal agencies.
    Processed geological or geophysical information means data 
collected under a permit and later processed or reprocessed. Processing 
involves changing the form of data so as to facilitate interpretation. 
Processing operations may include, but are not limited to, applying 
corrections for known perturbing causes, rearranging or filtering data, 
and combining or transforming data elements. Reprocessing is the 
additional processing other than ordinary processing used in the 
general course of evaluation. Reprocessing operations may include 
varying identified parameters for the detailed study of a specific 
problem area.
    Secretary means the Secretary of the Interior or a subordinate 
authorized to act on the Secretary's behalf.
    Shallow test drilling means drilling into the sea bottom to depths 
less than those specified in the definition of a deep stratigraphic 
test.
    Third Party means any person other than a representative of the 
United States or the permittee, including all persons to whom the 
permittee sold, licensed, traded, or otherwise transferred data or 
information acquired under a permit.
    Violation means a failure to comply with any provision of the Act, 
or a provision of a regulation or order issued under the Act, or any 
provision of a lease, license, or permit issued under the Act.
    You means a person who inquires about or obtains a permit or files 
a notice to conduct geological or geophysical exploration or scientific 
research related to oil, gas, and sulphur in the OCS.


Sec. 251.2  Purpose of this part.

    (a) To allow you to conduct G&G activities in the OCS related to 
oil, gas, and sulphur on unleased lands or on lands under lease to a 
third party.
    (b) To ensure that you carry out G&G activities in a safe and 
environmentally sound manner so as to prevent harm or damage to, or 
waste of, any natural resources (including any mineral deposit in areas 
leased or not leased), any life (including fish and other aquatic 
life), property, or the marine, coastal, or human environment.
    (c) To inform you of your legal and contractual obligations.


Sec. 251.3  Authority and applicability of this part.

    MMS authorizes you to conduct exploration or scientific research 
activities under this part in accordance with the Act, the regulations 
in this part, orders of the Director/Regional Director, and other 
applicable statutes, regulations, and amendments.
    (a) This part does not apply to G&G exploration conducted by or on 
behalf of the lessee on a lease in the OCS. Refer to 30 CFR part 250 if 
you plan to conduct G&G activities related to oil, gas, or sulphur 
under terms of a lease.
    (b) Federal agencies are exempt from the regulations in this part.
    (c) G&G exploration or G&G scientific research related to minerals 
other than oil, gas, and sulphur is covered by regulations at 30 CFR 
part 280.


Sec. 251.4  Types of G&G activities that require permits or notices.

    (a) Exploration. You must have an MMS-approved permit to conduct 
G&G exploration, including deep stratigraphic tests, for oil, gas, or 
sulphur resources. If you conduct both geological and geophysical 
exploration, you must have a separate permit for each.
    (b) Scientific research. You may only conduct G&G scientific 
research related to oil, gas, and sulphur in the OCS after you obtain 
an MMS-approved permit or file a notice.
    (1) Permit. You must obtain a permit if the research activities you 
propose to conduct involve:
    (i) Using solid or liquid explosives; or
    (ii) Drilling a deep stratigraphic test.
    (2) Notice. Any other G&G scientific research that you conduct 
related to oil, gas, and sulphur in the OCS requires you to file a 
notice with the Regional Director at least 30 days before you begin. If 
circumstances preclude a 30-day notice, you must provide oral notice 
and followup in writing. You must also notify MMS in writing when you 
conclude your work.

[[Page 6154]]

Sec. 251.5  Applying for permits or filing notices.

    (a) Permits. You must submit the original and three copies of the 
MMS permit application form (Form MMS-327). The form includes names of 
persons, type, location, purpose, and dates of activity, and 
environmental and other information.
    (b) Disapproval of permit application. If MMS disapproves your 
application for a permit, the Regional Director will state the reasons 
for the denial and will advise you of the changes needed to obtain 
approval.
    (c) Notices. You must sign and date a notice and state:
    (1) The name(s) of the person(s) who will conduct the proposed 
research;
    (2) The name of any other person(s) participating in the proposed 
research, including the sponsor;
    (3) The type of research and a brief description of how you will 
conduct it;
    (4) The location in the OCS, indicated on a map, plat, or chart, 
where you will conduct research;
    (5) The proposed dates you project for your research activity to 
start and end;
    (6) The name, registry number, registered owner, and port of 
registry of vessels used in the operation;
    (7) The earliest time you expect to make the data and information 
resulting from your research activity available to the public;
    (8) Your plan of how you will make the data and information you 
collected available to the public;
    (9) That you and others involved will not sell or withhold for 
exclusive use the data and information resulting from your research; 
and
    (10) At your option, you may submit (as a substitute for the 
material required in paragraphs (c)(7), (c)(8), and (c)(9) of this 
section) the nonexclusive use agreement for scientific research 
attachment to Form 327.
    (d) Filing locations. You must apply for a permit or file a notice 
at one of the following locations:
    (1) For the OCS off the State of Alaska--the Regional Supervisor 
for Resource Evaluation, Minerals Management Service, Alaska OCS 
Region, 949 East 36th Avenue, Anchorage, Alaska 99508-4302.
    (2) For the OCS off the Atlantic Coast and in the Gulf of Mexico--
the Regional Supervisor for Resource Evaluation, Minerals Management 
Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New 
Orleans, Louisiana 70123-2394.
    (3) For the OCS off the coast of the States of California, Oregon, 
Washington, or Hawaii--the Regional Supervisor for Resource Evaluation, 
Minerals Management Service, Pacific OCS Region, 770 Paseo Camarillo, 
Camarillo, California 93010-6064.


Sec. 251.6  Obligations and rights under a permit or a notice.

    While conducting G&G exploration or scientific research activities 
under an MMS permit or notice:
    (a) You must not:
    (1) Interfere with or endanger operations under any lease, or 
right-of-way, or permit issued or maintained under the Act;
    (2) Cause harm or damage to life (including fish and other aquatic 
life) or to the marine, coastal, or human environment;
    (3) Cause harm or damage to property or to any mineral (in areas 
leased or not leased);
    (4) Cause pollution;
    (5) Disturb archaeological resources;
    (6) Create hazardous or unsafe conditions; or
    (7) Interfere with or cause harm to other uses of the area.
    (b) You must immediately report to the Regional Director if you:
    (1) Detect hydrocarbon occurrences;
    (2) Detect environmental hazards which imminently threaten life and 
property; or
    (3) Adversely affect the environment, aquatic life, archaeological 
resources, or other uses of the area where you are conducting 
exploration or scientific research activities.
    (c) You must also consult and coordinate your G&G activities with 
other users of the area, such as the fishing, marine transportation, 
oil and gas, and geophysical survey industries, U.S. Navy, Coast Guard, 
etc.
    (d) You must use the best available and safest technologies that 
the Regional Director determines to be economically feasible.
    (e) You may not claim any oil, gas, sulphur, or other minerals you 
discover while conducting operations under a permit or notice.


Sec. 251.7  Test drilling activities under a permit.

    (a) Shallow test drilling. Before you begin shallow test drilling 
under a permit, the Regional Director may require you to:
    (1) Gather and submit seismic, bathymetric, sidescan sonar, 
magnetometer, or other geophysical data and information to determine 
shallow structural detail across and in the vicinity of the proposed 
test.
    (2) Submit information for coastal zone consistency certification 
according to paragraphs (b)(3) and (b)(4) of this section and for 
protecting archaeological resources according to paragraph (b)(5) of 
this section.
    (3) Allow all interested parties the opportunity to participate in 
the shallow test according to paragraph (c) of this section and meet 
bonding requirements according to paragraph (d) of this section.
    (b) Deep stratigraphic tests. You must submit to the Regional 
Director at the address given in Sec. 251.5, a drilling plan, an 
environmental report, and an application for permit to drill as 
follows:
    (1) Drilling plan. The drilling plan must include:
    (i) The proposed type, sequence, and timetable of drilling 
activities;
    (ii) A description of your drilling rig, indicating the important 
features with special attention to safety, pollution prevention, oil-
spill containment and cleanup plans, and onshore disposal procedures;
    (iii) The location of each deep stratigraphic test you will 
conduct, including the location of the surface and projected bottomhole 
of the borehole;
    (iv) The types of geophysical survey instruments you will use 
before and during drilling;
    (v) Seismic, bathymetric, sidescan sonar, magnetometer, or other 
geophysical data and information sufficient to evaluate seafloor 
characteristics, shallow geologic hazards, and structural detail across 
and in the vicinity of the proposed test to the total depth of the 
proposed test well; and
    (vi) Other relevant data and information that the Regional Director 
requires.
    (2) Environmental report. The environmental report must include all 
of the following material:
    (i) A summary with data and information available at the time you 
submitted the related drilling plan. MMS will consider site-specific 
data and information developed since the most recent environmental 
impact statement or other environmental impact analysis in the 
immediate area. The summary must meet the following requirements:
    (A) You must concentrate on the issues specific to the site(s) of 
drilling activity. However, you only need to summarize data and 
information discussed in any environmental reports, analyses, or impact 
statements prepared for the geographic area of the drilling activity.
    (B) You must list referenced material. Include brief descriptions 
and a statement of where the material is available for inspection.

[[Page 6155]]

    (C) You must refer only to data that are available to MMS.
    (ii) Details about your project such as:
    (A) A list and description of new or unusual technologies;
    (B) The location of travel routes for supplies and personnel;
    (C) The kinds and approximate levels of energy sources;
    (D) The environmental monitoring systems; and
    (E) Suitable maps and diagrams showing details of the proposed 
project layout.
    (iii) A description of the existing environment. For this section, 
you must include the following information on the area:
    (A) Geology;
    (B) Physical oceanography;
    (C) Other uses of the area;
    (D) Flora and fauna;
    (E) Existing environmental monitoring systems; and
    (F) Other unusual or unique characteristics that may affect or be 
affected by the drilling activities.
    (iv) A description of the probable impacts of the proposed action 
on the environment and the measures you propose for mitigating these 
impacts.
    (v) A description of any unavoidable or irreversible adverse 
effects on the environment that could occur.
    (vi) Other relevant data that the Regional Director requires.
    (3) Copies for coastal States. You must submit copies of the 
drilling plan and environmental report to the Regional Director for 
transmittal to the Governor of each affected coastal State and the 
coastal zone management agency of each affected coastal State that has 
an approved program under the Coastal Zone Management Act. (The 
Regional Director will make the drilling plan and environmental report 
available to appropriate Federal agencies and the public according to 
DOI policies and procedures.)
    (4) State concurrence. When required under an approved coastal zone 
management program of an affected State, your proposed activities must 
receive State concurrence before the Regional Director can approve the 
activities.
    (5) Protecting archaeological resources. The Regional Director may 
require you to conduct and submit studies that determine whether any 
archaeological resources exist in the area that the drilling may 
affect.
    (i) You must include a description of any archaeological resources 
you detect.
    (ii) You must not take any action that could disturb the 
archaeological resources.
    (iii) If you discover any archaeological resource after you submit 
the study results (i.e., during site preparation or drilling), you must 
immediately halt operations within the area of discovery, and you must 
report the discovery to the Regional Director.
    (iv) If investigations determine that the resource is significant, 
the Regional Director will inform you how to protect it. You must make 
every reasonable effort to protect the archaeological resource from 
damage until the Regional Director has given you further directions for 
preserving it.
    (6) Application for permit to drill (APD). Before commencing deep 
stratigraphic test drilling activities under an approved drilling plan, 
you must submit an APD and receive approval. You must comply with all 
regulations relating to drilling operations in 30 CFR part 250.
    (7) Revising an approved drilling plan. Before you revise an 
approved drilling plan, you must obtain the Regional Director's 
approval.
    (8) After drilling. When you complete the test activities, you must 
permanently plug and abandon the borehole of all deep stratigraphic 
tests in compliance with 30 CFR part 250. If the tract on which you 
conducted a deep stratigraphic test is leased to another party for 
exploration and development, and if the lessee has not disturbed the 
borehole, MMS will hold you and not the lessee responsible for problems 
associated with the test hole.
    (9) Deadline for completing a deep stratigraphic test. If your deep 
stratigraphic test well is within 50 geographic miles of a tract that 
MMS has identified for a future lease sale, as listed on the currently 
approved OCS leasing schedule, you must complete all drilling 
activities and submit the data and information to the Regional Director 
at least 60 days before the first day of the month in which MMS 
schedules the lease sale. However, the Regional Director may extend 
your permit duration to allow you to complete drilling activities and 
submit data and information if the extension is in the national 
interest.
    (c) Group participation in test drilling. MMS encourages group 
participation for deep stratigraphic tests.
    (1) Purpose of group participation. The purpose is to minimize 
duplicative G&G activities involving drilling into the seabed of the 
OCS.
    (2) Providing opportunity for participation in a deep stratigraphic 
test. When you propose to drill a deep stratigraphic test, you must 
give all interested persons an opportunity to participate in the test 
drilling through a signed agreement on a cost-sharing basis. You may 
include a penalty for late participation of not more than 100 percent 
of the cost to each original participant in addition to the original 
share cost.
    (i) The participants must assess and distribute penalties in 
accordance with the terms of the agreement.
    (ii) For a significant hydrocarbon occurrence that the Regional 
Director announces to the public, the penalty for subsequent late 
participants may be raised to not more than 300 percent of the cost of 
each original participant in addition to the original share cost.
    (3) Providing opportunity for participation in a shallow test 
drilling project. When you apply to conduct shallow test drilling 
activities, you must, if ordered by the Regional Director or required 
by the permit, give all interested persons an opportunity to 
participate in the test activity on a cost-sharing basis. You may 
include a penalty provision for late participation of not more than 50 
percent of the cost to each original participant in addition to the 
original share cost.
    (4) Procedures for group participation in drilling activities. You 
must:
    (i) Publish a summary statement that describes the approved 
activity in a relevant trade publication;
    (ii) Forward a copy of the published statement to the Regional 
Director;
    (iii) Allow at least 30 days from the summary statement publication 
date for other persons to join as original participants;
    (iv) Compute the estimated cost by dividing the estimated total 
cost of the program by the number of original participants; and
    (v) Furnish the Regional Director with a complete list of all 
participants before starting operations or at the end of the 
advertising period if you begin operations before the advertising 
period is over. Forward the names of all late participants to the 
Regional Director.
    (5) Changes to the original application for test drilling. If you 
propose changes to the original application and the Regional Director 
determines that the changes are significant, the Regional Director will 
require you to publish the changes for an additional 30 days to give 
other persons a chance to join as original participants.
    (d) Bonding requirements. You must submit a bond under this part 
before you may start a deep stratigraphic test. You must submit a bond 
for shallow drilling if the Regional Director so requires.
    (1) Before MMS authorizes the drilling of a deep stratigraphic 
test, you must furnish to MMS:
    (i) A corporate surety bond in the amount specified at 30 CFR 
256.61(a)(1)

[[Page 6156]]

conditioned on compliance with the terms of the permit.
    (ii) An areawide bond in the amount specified at 30 CFR 
256.61(a)(2) conditioned on compliance with the terms of the permit 
issued to you.
    (2) If the Regional Director requires a bond for shallow drilling, 
you must furnish the appropriate bond.
    (3) Any bond you furnish or maintain under this section must be on 
a form that the Regional Director has approved or prescribed.
    (4) The Regional Director may require additional security in the 
form of a supplemental bond or bonds or increase the coverage of an 
existing surety bond when the Regional Director deems that additional 
security is necessary.


Sec. 251.8  Inspection and reporting requirements for activities under 
a permit.

    (a) Inspection of permit activities. You must allow MMS 
representatives to inspect your exploration or scientific research 
activities under a permit. They will determine whether operations are 
adversely affecting the environment, aquatic life, archaeological 
resources, or other uses of the area. MMS will reimburse you for food, 
quarters, and transportation that you provide for MMS representatives 
if you send in your reimbursement request within 90 days of the 
inspection.
    (b) Approval for modifications. Before you begin modified 
operations, you must submit a written request describing the 
modifications and receive the Regional Director's oral or written 
approval.
    (c) Reports. (1) You must submit status reports on a schedule 
specified in the permit and include a daily log of operations.
    (2) You must submit a final report of exploration or scientific 
research activities under a permit within 30 days after the completion 
of activities. You may combine the final report with the last status 
report and must include:
    (i) A description of the work performed.
    (ii) Charts, maps, plats, and digital navigational data in a format 
specified by the Regional Director, showing the areas and blocks in 
which any exploration or permitted scientific research activities were 
conducted. Identify the lines of geophysical traverses and their 
locations including a reference sufficient to identify the data 
produced during each activity.
    (iii) The dates on which you conducted the actual exploration or 
scientific research activities.
    (iv) A summary of any:
    (A) Hydrocarbon or sulphur occurrences encountered;
    (B) Environmental hazards; and
    (C) Adverse effects of the exploration or scientific research 
activities on the environment, aquatic life, archaeological resources, 
or other uses of the area in which the activities were conducted.
    (v) Other descriptions of the activities conducted as specified by 
the Regional Director.


Sec. 251.9  Temporarily stopping, canceling, or relinquishing 
activities approved under a permit.

    (a) MMS may temporarily stop exploration or scientific research 
activities under a permit when the Regional Director determines that:
    (1) Activities pose a threat of serious, irreparable, or immediate 
harm. This includes damage to life (including fish and other aquatic 
life), property, any mineral deposit (in areas leased or not leased), 
to the marine, coastal, or human environment, or to an archaeological 
resource;
    (2) You failed to comply with any applicable law, regulation, 
order, or provision of the permit. This would include MMS's required 
submission of reports and well records or logs within the time 
specified; or
    (3) Stopping the activities is in the interest of national security 
or defense.
    (b) Procedures to temporarily stop activities. (1) The Regional 
Director will notify you either orally or in writing. MMS will confirm 
an oral notification in writing and deliver all written notifications 
by courier or certified or registered mail. You must halt all 
activities under a permit as soon as you receive an oral or written 
notification.
    (2) The Regional Director will notify you when you may start your 
permit activities again.
    (c) Procedure to cancel or relinquish a permit. The Regional 
Director may cancel, or a permittee may relinquish, a permit at any 
time.
    (1) If MMS cancels your permit, the Regional Director will notify 
you by certified or registered mail 30 days before the cancellation 
date and will state the reason.
    (2) You may relinquish the permit by notifying the Regional 
Director by certified or registered mail 30 days in advance.
    (3) After MMS cancels your permit or you relinquish it, you are 
still responsible for proper abandonment of any drill sites in 
accordance with the requirements of Sec. 251.7 (b)(8). You must also 
comply with all other obligations specified in this part or in the 
permit.


Sec. 251.10  Penalties and appeals.

    (a) Penalties for noncompliance under a permit issued by MMS. You 
are subject to the penalty provisions of:
    (1) Section 24 of the Act (43 U.S.C. 1350); and
    (2) The procedures contained in 30 CFR part 250, subpart N, for 
noncompliance with:
    (i) Any provision of the Act;
    (ii) Any provision of the permit; or
    (iii) Any regulation or order issued under the Act.
    (b) Penalties under other laws and regulations. The penalties 
prescribed in this section are in addition to any other penalty imposed 
by any other law or regulation.
    (c) Procedures to appeal orders or decisions MMS issues. You may 
appeal any orders or decisions that MMS issues under the regulations in 
this part by referring to 30 CFR part 290. When you file an appeal with 
the Director, you must continue to follow all requirements for 
compliance with an order or decision other than payment of a civil 
penalty.


Sec. 251.11  Inspection, selection, and submission of geological data 
and information collected under a permit.

    (a) Availability of geological data and information collected under 
a permit. (1) You must notify the Regional Director immediately, in 
writing, after you acquire, analyze, process, or interpret geological 
data and information.
    (2) Within 30 days of the Regional Director's request, you must 
inform MMS in writing of subsequent analysis, processing, or 
interpretation of geological data and information.
    (3) The Regional Director may, at some time, request that you 
submit the analyzed, processed, and interpreted geologic data and 
information for inspection and/or permanent retention by MMS.
    (b) Submission of geological data and information collected under a 
permit. Unless the Regional Director specifies otherwise, geological 
data and information must include:
    (1) An accurate and complete record of all geological (including 
geochemical) data and information describing each operation of 
analysis, processing, and interpretation;
    (2) Paleontological reports identifying microscopic fossils by 
depth, including the reference datum to which paleontological sample 
depths are related; and, if the Regional Director requests, washed 
samples that you maintain for paleontological determinations;
    (3) Copies of well logs or charts in a digital format, if 
available;

[[Page 6157]]

    (4) Results and data obtained from formation fluid tests;
    (5) Analyses of core or bottom samples and/or a representative cut 
or split of the core or bottom sample;
    (6) Detailed descriptions of any hydrocarbons or hazardous 
conditions encountered during operations, including near losses of well 
control, abnormal geopressures, and losses of circulation; and
    (7) Other geological data and information that the Regional 
Director may specify.
    (c) Permit obligations when transferring geological data and 
information to a third party. If you transfer geological data and 
information, in any manner, such as by sale, sale of rights, license 
agreement, or trade to a third party; or if a third party transfers 
data and information to another third party, the recipient of the data 
and information assumes the obligations of a permittee under this 
section and is subject to the penalty provisions of subpart N of part 
250.
    (1) The party transferring the data and information must notify the 
recipient, in writing, that accepting these obligations is a condition 
of the transfer. The recipient must accept those obligations before the 
transfer of data and information can occur.
    (2) The party transferring the data and information must notify the 
Regional Director of the transfer of the data and information within 30 
days of transfer.


Sec. 251.12  Inspection, selection, and submission of geophysical data 
and information collected under a permit.

    (a) Availability of geophysical data and information collected 
under a permit. (1) You must notify the Regional Director immediately, 
in writing, after you initially acquire, process, and interpret any 
geophysical data and information you collect under a permit.
    (2) Within 30 days of a request from the Regional Director, you 
must inform MMS in writing of the availability of any geophysical data 
and information that you further processed or interpreted.
    (b) Review and selection of geophysical data and information 
collected under a permit. The Regional Director is authorized to 
inspect geophysical data and information before making a final 
selection for retention. MMS representatives may inspect and select the 
data and information on your premises, or the Regional Director can 
request that you deliver data and information to the appropriate MMS 
regional office for review.
    (1) You must submit the geophysical data and information within 30 
days of receiving the request, unless the Regional Director extends the 
delivery time.
    (2) At any time before final selection, the Regional Director may 
return any or all geophysical data and information following review. 
You will be notified in writing of all or portions of those data the 
Regional Director decides to retain.
    (c) Submission of geophysical data and information collected under 
a permit. Unless the Regional Director specifies otherwise, you must 
include:
    (1) An accurate and complete record of each geophysical survey 
conducted under the permit, including digital navigational data and 
final location maps;
    (2) All seismic data developed under a permit presented in a format 
and of a quality suitable for processing;
    (3) 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
    (4) 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.
    (d) Permit obligations when transferring geophysical data and 
information to a third party. If you transfer geophysical data, 
processed geophysical information, or interpreted geophysical 
information in any manner, such as by sale of rights, license 
agreement, or trade to a third party; or if a third party transfers the 
data and information to another third party, the recipient of the data 
and information assumes the obligations of a permittee under this 
section and is subject to the penalty provisions of part 250, subpart 
N.
    (1) The party that transfers the data and information must notify 
the recipient of the data, in writing, that accepting these obligations 
is a condition of the transfer. The recipient must accept those 
obligations before the transfer of data and information can occur.
    (2) The party that transfers the data and information must notify 
the Director of the transfer of the data and information within 30 days 
of transfer, unless the transfer is by means of a license agreement.
    (3) If the transfer is by means of a license agreement, you or the 
next transferor must notify the Regional Director of any transfers of 
data and information within 30 days of a request by the Regional 
Director.


Sec. 251.13  Reimbursement for the costs of reproducing data and 
information and certain processing cost.

    (a) MMS will reimburse you or a third party for reasonable costs of 
reproducing data and information that the Regional Director requests 
if:
    (1) You deliver G&G data and information to MMS for the Regional 
Director to review, or select and retain (according to Secs. 251.11 or 
251.12);
    (2) MMS receives your request for reimbursement and the Regional 
Director 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) MMS will reimburse you or the third party for the reasonable 
costs of processing geophysical information (which does not include 
cost of data acquisition):
    (1) If at the request of the Regional Director, you processed the 
geophysical data or information in a form or manner other than that 
used in the normal conduct of business; or
    (2) If you collected the information under a permit that MMS issued 
to you before October 1, 1985, and the Regional Director requests and 
retains the information.
    (c) When you request reimbursement, you must identify reproduction 
and processing costs separately from acquisition costs.
    (d) MMS 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.


Sec. 251.14  Protecting and disclosing data and information submitted 
to MMS under a permit.

    (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 of this chapter.
    (2) Except as specified in this section or in 30 CFR parts 250 and 
252, if the 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

[[Page 6158]]

executive of any local government or to the public, unless you and all 
third parties agree to the disclosure. (Third party includes all 
persons to whom you sold, licensed, traded, or otherwise transferred 
the data or information.)
    (3) 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. MMS will release data and information that you or a third 
party submits and MMS retains in accordance with paragraphs (b)(1) and 
(b)(2) 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:

------------------------------------------------------------------------
  If you or a third party submits and MMS    The Regional Director will 
                  retains                    disclose them to the public
------------------------------------------------------------------------
Geological data and information...........  10 years after issuing the  
                                             permit.                    
Geophysical data..........................  50 years after you submit   
                                             the data.                  
Geophysical information...................  25 years after you submit   
                                             the information.           
------------------------------------------------------------------------

    (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, a portion of which is 
located within 50 geographic miles (92.7 kilometers) of the test.
    (c) Procedure that MMS follows to disclose acquired data and 
information to a contractor for reproduction, processing, and 
interpretation. (1) When practicable, the Regional Director will notify 
you of the intent to disclose the data or information to an independent 
contractor or agent.
    (2) The notice will give you at least 5 working days to comment on 
the action.
    (3) When the Regional Director notifies you, all other owners of 
such 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 transfer 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) Knowledge received by the State official who receives 
information described in 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 of this 
chapter.


Sec. 251.15  Authority for information collection.

    (a) The Office of Management and Budget has approved the 
information collection requirements in part under 44 U.S.C. 3501 et 
seq. and assigned OMB control number 1010-0048. The title of this 
information collection is ``30 CFR Part 251, Geological and Geophysical 
(G&G) Explorations of the OCS.'' Paragraph (d) of this section lists 
the sections in this part requiring the information collection, 
summarizes how MMS will use the information, and indicates the reason 
for the response.
    (b) An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.
    (c) Send comments regarding any aspect of the collection of 
information under this part, including suggestions for reducing the 
burden, to the Information Collection Clearance Officer, Minerals 
Management Service, Mail Stop 2053, 381 Elden Street, Herndon, Virginia 
20170-4817; and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for the 
Department of the Interior (1010-0048), 725 17th Street, NW, 
Washington, DC 20503.
    (d) MMS is collecting this information for the reasons given in the 
following table:

------------------------------------------------------------------------
        Regulation cite            Information used         Response    
------------------------------------------------------------------------
30 CFR 251.5..................  To evaluate permit      The response is 
                                 applications and to     required to    
                                 monitor scientific      obtain a       
                                 research activities     benefit.       
                                 for environmental and                  
                                 safety reasons.                        
30 CFR 251.6(b)...............  To determine that       The response is 
                                 explorations do not     mandatory.     
                                 harm resources,                        
                                 result in pollution                    
                                 or create hazardous                    
                                 or unsafe conditions.                  
30 CFR 251.6(c)...............  To coordinate           The response is 
                                 activities in the OCS   required to    
                                 and not harm or         obtain a       
                                 interfere with other    benefit.       
                                 users in the area.                     
30 CFR 251.7: The burden for    To analyze and          The response is 
 this section is included with   evaluate preliminary    mandatory.     
 30 CFR 250.31 and 250.33 (OMB   or planned drilling                    
 Control No. 1010-0049).         activities of                          
                                 permittees in the OCS.                 
30 CFR 251.8(a)...............  To approve              The response is 
                                 reimbursement of        required to    
                                 certain expenses.       obtain a       
                                                         benefit.       
30 CFR 251.8 (b) and (c)......  To monitor the          The response is 
                                 progress of             mandatory.     
                                 activities carried                     
                                 out under an OCS G&G                   
                                 permit.                                

[[Page 6159]]

                                                                        
30 CFR 251.9(c)(2)............  To monitor the          The response is 
                                 activities carried      mandatory.     
                                 out under an OCS G&G                   
                                 permit.                                
30 CFR 251.11 and 251.12......  To inspect and select   The response is 
                                 G&G data and            mandatory.     
                                 information collected                  
                                 under an OCS G&G                       
                                 permit.                                
30 CFR 251.13.................  To determine            The response is 
                                 eligibility for         required to    
                                 reimbursement from      obtain a       
                                 the Government for      benefit.       
                                 certain costs.                         
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[FR Doc. 97-3200 Filed 2-10-97; 8:45 am]
BILLING CODE 4310-MR-P