30 Cfr 580

Ocean Energy Management, Interior

Pt. 580

(b) The complaint referred to in paragraph (a) of this section shall be accompanied by such evidence as may be
available to a person and which is relevant to the complaint including affidavits and other documents.
(c) Whenever any person files a complaint under this part, the Regional Director with whom such complaint is
filed shall give written notice of such
filing to all persons cited in the complaint no later than 10 days after receipt of such complaint. Such notice
shall include a statement describing
the alleged incident of discrimination,
including the date and the names of
persons involved in it.

PART
580—PROSPECTING
FOR
MINERALS OTHER THAN OIL,
GAS, AND SULPHUR ON THE
OUTER CONTINENTAL SHELF

§ 570.6

580.10 What must I do before I may conduct
prospecting activities?
580.11 What must I do before I may conduct
scientific research?
580.12 What must I include in my application or notification?
580.13 Where must I send my application or
notification?

Process.

Whenever a Regional Director determines on the basis of any information,
including that which may be obtained
under § 570.5 of this part, that a violation of or failure to comply with any
provision of this subpart probably occurred, the Regional Director shall undertake to afford the complainant and
the person(s) alleged to have violated
the provisions of this part an opportunity to engage in informal consultations, meetings, or any other form of
communications for the purpose of resolving the complaint. In the event
such communications or consultations
result in a mutually satisfactory resolution of the complaint, the complainant and all persons cited in the complaint shall notify the Regional Director in writing of their agreement to
such resolution. If either the complainant or the person(s) alleged to have
wrongfully discriminated fail to provide such written notice within a reasonable period of time, the Regional
Director must proceed in accordance
with the provisions of 30 CFR part 550,
subpart N.

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§ 570.7

Remedies.

In addition to the penalties available
under 30 CFR part 550, subpart N, the
Director may invoke any other remedies available to him or her under the
Act or regulations for the lessee’s failure to comply with provisions of the
Act, regulations, or lease.

Subpart A—General Information
Sec.
580.1 What definitions apply to this part?
580.2 What is the purpose of this part?
580.3 What requirements must I follow when
I conduct prospecting or research activities?
580.4 What activities are not covered by this
part?

Subpart B—How To Apply for a Permit or
File a Notice

Subpart C—Obligations Under This Part
PROHIBITIONS AND REQUIREMENTS
580.20 What must I not do in conducting Geological
and
Geophysical
(G&G)
prospecting or scientific research?
580.21 What must I do in conducting G&G
prospecting or scientific research?
580.22 What must I do when seeking approval for modifications?
580.23 How must I cooperate with inspection
activities?
580.24 What reports must I file?
INTERRUPTED ACTIVITIES
580.25 When may BOEM require me to stop
activities under this part?
580.26 When may I resume activities?
580.27 When may BOEM cancel my permit?
580.28 May I relinquish my permit?
ENVIRONMENTAL ISSUES
580.29 Will BOEM monitor the environmental effects of my activity?
580.30 What activities will not require environmental analysis?
580.31 Whom will BOEM notify about environmental issues?
PENALTIES AND APPEALS
580.32 What penalties may I be subject to?
580.33 How can I appeal a penalty?
580.34 How can I appeal an order or decision?

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§ 580.1

30 CFR Ch. V (7–1–17 Edition)

Subpart D—Data Requirements
GEOLOGICAL DATA AND INFORMATION
580.40 When do I notify BOEM that geological data and information are available
for submission, inspection, and selection?
580.41 What types of geological data and information must I submit to BOEM?
580.42 When geological data and information are obtained by a third party, what
must we both do?
YSICAL

DATA AND INFORMATION

580.50 When do I notify BOEM that geophysical data and information are available for submission, inspection, and selection?
580.51 What types of geophysical data and
information must I submit to BOEM?
580.52 When geophysical data and information are obtained by a third party, what
must we both do?
REIMBURSEMENT
580.60 Which of my costs will be reimbursed?
580.61 Which of my costs will not be reimbursed?
PROTECTIONS
580.70 What data and information will be
protected from public disclosure?
580.71 What is the timetable for release of
data and information?
580.72 What procedure will BOEM follow to
disclose acquired data and information
to a contractor for reproduction, processing, and interpretation?
580.73 Will BOEM share data and information with coastal States?

Subpart E—Information Collection
580.80 Paperwork Reduction Act
ment—information collection.

state-

AUTHORITY: Section 104, Public Law 97–451,
96 Stat. 2451 (30 U.S.C. 1714), Public Law 109–
432, Div C, Title I, 120 Stat. 3000; 30 U.S.C.
1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C.
2704, 2716; E.O. 12777, as amended; 43 U.S.C.
1331 et seq., 43 U.S.C. 1337.
SOURCE: 76 FR 64623, Oct. 18, 2011, unless
otherwise noted.

Subpart A—General Information

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§ 580.1 What definitions apply to this
part?
Definitions in this part have the following meaning:
Act means the OCS Lands Act, as
amended (43 U.S.C. 1331 et seq.).

Adjacent State means with respect to
any activity proposed, conducted, or
approved under this part, any coastal
State(s):
(1) That is used, or is scheduled to be
used, as a support base for geological
and geophysical (G&G) prospecting or
scientific research activities; or
(2) In which there is a reasonable
probability of significant effect on land
or water uses from such activity.
Analyzed geological information means
data collected under a permit or a lease
that have been analyzed. Some examples of analysis include, but are 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 mineral occurrences or
hazardous conditions.
Archaeological interest means capable
of providing scientific or humanistic
understandings of past human behavior, cultural adaptation, and related
topics through the application of scientific or scholarly techniques, such as
controlled
observation,
contextual
measurement, controlled collection,
analysis, interpretation, and explanation.
Archaeological resource means any
material remains of human life or activities that are at least 50 years of age
and are 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) that are strongly influenced by
each other and in proximity to the
shorelands of the several coastal
States. The coastal zone includes islands, transition and intertidal areas,
salt marshes, wetlands, and beaches.
The coastal zone extends seaward to
the outer limit of the United States
territorial sea and extends inland from
the shorelines to the extent necessary
to control shorelands, the uses of

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Ocean Energy Management, Interior

§ 580.1

which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by the several coastal States,
under the authority in section 305(b)(1)
of the Coastal Zone Management Act of
1972.
Coastal Zone Management Act means
the Coastal Zone Management Act of
1972, as amended (16 U.S.C. 1451 et seq.).
Data means facts and 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
Bureau of Ocean Energy Management,
U.S. Department of the Interior, or an
official authorized to act on the Director’s behalf.
Geological and geophysical (G&G)
prospecting activities mean the commercial search for mineral resources other
than oil, gas, or sulphur. Activities
classified as prospecting include, but
are not limited to:
(1) Geological and geophysical marine and airborne surveys where magnetic, gravity, seismic reflection, seismic refraction, or the gathering
through coring or other geological
samples are used to detect or imply the
presence of hard minerals; and
(2) Any drilling, whether on or off a
geological structure.
Geological and geophysical (G&G) scientific research activities mean any investigations related to hard minerals
that are conducted on the OCS for academic or scientific research. These investigations would involve gathering
and analyzing geological, geochemical,
or geophysical data and information
that are made available to the public
for inspection and reproduction at the
earliest practical time. The term does
not include commercial G&G exploration or commercial G&G prospecting
activities.
Geological data and information means
data and information gathered through
or derived from geological and geochemical techniques, e.g., coring and
test drilling, well logging, bottom sampling, or other physical sampling or
chemical testing process.

Geological sample means a collected
portion of the seabed, the subseabed, or
the overlying waters acquired while
conducting prospecting or scientific research activities.
Geophysical data and information
means any data or information gathered through or derived from geophysical measurement or sensing techniques (e.g., gravity, magnetic, or seismic).
Governor means the Governor of a
State or the person or entity lawfully
designated by or under State law to exercise the powers granted to a Governor under the Act.
Hard minerals mean any minerals
found on or below the surface of the
seabed except for oil, gas, or sulphur.
Interpreted
geological
information
means the 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 and processed 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, depending upon the requirements of the context, either:
(1) An agreement issued under section 8 or maintained under section 6 of
the Act that authorizes mineral exploration, development and production; or
(2) The area covered by an agreement
specified in paragraph (1) of this definition.
Material remains means physical evidence of human habitation, occupation,
use, or activity, including the site, location, or context in which evidence is
situated.
Minerals mean all minerals 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). The term includes oil, gas, sulphur, geopressured-geothermal and associated resources.
Notice means a written statement of
intent to conduct G&G scientific research that is:

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§ 580.2

30 CFR Ch. V (7–1–17 Edition)

(1) Related to hard minerals on the
OCS; and
(2) Not covered under a permit.
Oil, gas, and sulphur means oil, gas,
and sulphur, geopressured-geothermal
and associated resources, including gas
hydrates.
Outer Continental Shelf (OCS) means
all submerged lands:
(1) That lie seaward and outside of
the area of lands beneath navigable
waters as defined in section 2 of the
Submerged Lands Act (43 U.S.C. 1301);
and
(2) Whose subsoil and seabed belong
to the United States and are subject to
its jurisdiction and control.
Permit means the contract or agreement, other than a lease, issued under
this part. The permit gives a person
the right, under appropriate statutes,
regulations, and stipulations, to conduct on the OCS:
(1) Geological prospecting for hard
minerals;
(2) Geophysical prospecting for hard
minerals;
(3) Geological scientific research; or
(4) Geophysical scientific research.
Permittee means the person authorized by a permit issued under this part
to conduct activities on the OCS.
Person means:
(1) A citizen or national of the United
States;
(2) An alien lawfully admitted for
permanent residence in the United
States as defined in section 8 U.S.C.
1101(a)(20);
(3) A private, public, or municipal
corporation organized under the laws
of the United States or of any State or
territory thereof, and association of
such citizens, nationals, resident aliens
or private, public, or municipal corporations, States, or political subdivisions of States; or
(4) 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.
(1) Processing involves changing the
form of data as to facilitate interpretation. Some examples of processing op-

erations may include, but are not limited to:
(i) Applying corrections for known
perturbing causes;
(ii) Rearranging or filtering data; and
(iii) Combining or transforming data
elements.
(2) 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.
Significant
archaeological
resource
means those archaeological resources
that meet the criteria of significance
for eligibility of the National Register
of Historic Places as defined in 36 CFR
60.4, or its successor.
Third party means any person other
than the permittee or a representative
of the United States, including all persons who obtain data or information
acquired under a permit from the permittee, or from another third party, by
sale, trade, license agreement, or other
means.
You means a person who applies for
and/or obtains a permit, or files a notice to conduct G&G prospecting or scientific research related to hard minerals on the OCS.
§ 580.2 What is the purpose of this
part?
The purpose of this part is to:
(a) Allow you to conduct prospecting
activities or scientific research activities on the OCS in Federal waters related to hard minerals on unleased
lands or on lands under lease to a third
party.
(b) Ensure that you carry out
prospecting activities or scientific research activities in a safe and environmentally sound manner so as to prevent harm or damage to, or waste of,
any natural resources (including any
hard minerals in areas leased or not
leased), any life (including fish and
other aquatic life), property, or the

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Ocean Energy Management, Interior

§ 580.12

marine, coastal, or human environment.
(c) Inform you and third parties of
your legal and contractual obligations.
(d) Inform you and third parties of:
(1) The U.S. Government’s rights to
access G&G data and information collected under permit on the OCS;
(2) Reimbursement we will make for
data and information that are submitted; and
(3) The proprietary terms of data and
information that we retain.
§ 580.3 What requirements must I follow when I conduct prospecting or
research activities?
You must conduct G&G prospecting
activities or scientific research activities under this part according to:
(a) The Act;
(b) The regulations in this part;
(c) Orders of the Director/Regional
Director (RD); and
(d) Other applicable statutes, regulations, and amendments.
§ 580.4 What activities are not covered
by this part?
This part does not apply to:
(a) G&G prospecting activities conducted by, or on behalf of, the lessee on
a lease on the OCS;
(b) Federal agencies;
(c) Postlease activities for mineral
resources other than oil, gas, and sulphur, which are covered by regulations
at 30 CFR parts 582 and 282; and
(d) G&G exploration or G&G scientific research activities related to
oil, gas, and sulphur, including gas hydrates, which are covered by regulations at 30 CFR parts 551 and 251.

Subpart B—How To Apply for a
Permit or File a Notice

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§ 580.10 What must I do before I may
conduct prospecting activities?
You must have a BOEM-approved
permit to conduct G&G prospecting activities, including deep stratigraphic
tests, for hard minerals. If you conduct
both G&G prospecting activities, you
must have a separate permit for each.

§ 580.11 What must I do before I may
conduct scientific research?
You may conduct G&G scientific research activities related to hard minerals on the OCS only after you obtain
a BOEM-approved permit or file a notice.
(a) Permit. You must obtain a permit
if the research activities you want to
conduct involve:
(1) Using solid or liquid explosives;
(2) Drilling a deep stratigraphic test;
or
(3) Developing data and information
for proprietary use or sale.
(b) Notice. If you conduct research activities (including federally funded research) not covered by paragraph (a) of
this section, you must file a notice
with the regional director at least 30
days before you begin. If you cannot
file a 30-day notice, you must provide
oral notification before you begin and
follow up in writing. You must also inform BOEM in writing when you conclude your work.
§ 580.12 What must I include in my application or notification?
(a) Permits. You must submit to the
Regional Director a signed original and
three copies of the permit application
form (Form BOEM–0134) at least 30
days before the startup date for activities in the permit area. If unusual circumstances prevent you from meeting
this deadline, you must immediately
contact the Regional Director to arrange an acceptable deadline. The form
includes names of persons; the type, location, purpose, and dates of activity;
and environmental and other information. A nonrefundable service fee of
$2,012 must be paid electronically
through
Pay.gov
at:
https://
www.pay.gov/paygov/ and you must include a copy of the Pay.gov confirmation receipt page with your application.
(b) Disapproval of permit application. If
we disapprove your application for a
permit, the RD will explain the reasons
for the disapproval and what you must
do to obtain approval.
(c) Notices. You must sign and date a
notice that includes:
(1) The name(s) of the person(s) who
will conduct the proposed research;

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§ 580.13

30 CFR Ch. V (7–1–17 Edition)

(2) The name(s) 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) A map, plat, or chart, that shows
the location where you will conduct research;
(5) The proposed projected starting
and ending dates for your research activity;
(6) The name, registry number, registered owner, and port of registry of
vessels used in the operation;
(7) The earliest practical time you
expect to make the data and information resulting from your research activity available to the public;

§ 580.13 Where must I send my application or notification?
You must apply for a permit or file a
notice at one of the following locations:

For the OCS off the . . .

Apply to . . .

(a) State of Alaska ......................................

Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK
99503.
Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123–2394.
Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo,
CA 93010.

(b) Atlantic Coast, Gulf of Mexico, Puerto
Rico, or U.S. territories in the Caribbean
Sea.
(c) States of California, Oregon, Washington, Hawaii, or U.S. territories in the
Pacific Ocean.

[76 FR 64623, Oct. 18, 2011, as amended at 80
FR 57097, Sept. 22, 2015]

Subpart C—Obligations Under This
Part
PROHIBITIONS AND REQUIREMENTS

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(8) Your plan of how you will make
the data and information you collect
available to the public;
(9) A statement that you and others
involved will not sell or withhold the
data and information resulting from
your research; and
(10) At your option, the nonexclusive
use agreement for scientific research
attachment to Form BOEM–0134. (If
you submit this agreement, you do not
have to submit the material required
in paragraphs (c)(7), (c)(8), and (c)(9) of
this section.)

§ 580.20 What must I not do in conducting Geological and Geophysical
(G&G) prospecting or scientific research?
While conducting G&G prospecting or
scientific research activities under a
permit or notice, you must not:
(a) Interfere with or endanger operations under any lease, right-of-way,
easement, right-of-use, notice, or permit issued or maintained under the
Act;
(b) Cause harm or damage to life (including fish and other aquatic life),
property, or the marine, coastal, or
human environment;
(c) Cause harm or damage to any
mineral resources (in areas leased or
not leased);
(d) Cause pollution;

(e) Disturb archaeological resources;
(f) Create hazardous or unsafe conditions;
(g) Unreasonably interfere with or
cause harm to other uses of the area;
or
(h) Claim any oil, gas, sulphur, or
other minerals you discover while conducting operations under a permit or
notice.
§ 580.21 What must I do in conducting
G&G prospecting or scientific research?
While conducting G&G prospecting or
scientific research activities under a
permit or notice, you must:
(a) Immediately report to the Regional Director if you:
(1) Detect hydrocarbon or any other
mineral occurrences;
(2) Detect environmental hazards
that imminently threaten life and
property; or
(3) Adversely affect the environment,
aquatic life, archaeological resources,
or other uses of the area where you are

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Ocean Energy Management, Interior

§ 580.25

prospecting or conducting scientific research activities.
(b) Consult and coordinate your G&G
activities with other users of the area
for navigation and safety purposes.
(c) If you conduct shallow test drilling or deep stratigraphic test drilling
activities, you must use the best available and safest technologies that the
Regional Director considers economically feasible.
§ 580.22 What must I do when seeking
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. If circumstances preclude a written request, you must
make an oral request and follow up in
writing.

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§ 580.23 How must I cooperate with inspection activities?
(a) You must allow our representatives to inspect your G&G prospecting
or any scientific research activities
that are being conducted under a permit. They will determine whether operations are adversely affecting the environment, aquatic life, archaeological
resources, or other uses of the area.
(b) BOEM will reimburse you for
food, quarters, and transportation that
you provide for our representatives if
you send in your reimbursement request to the region that issued the permit within 90 days of the inspection.
§ 580.24 What reports must I file?
(a) You must submit status reports
on a schedule specified in the permit
and include a daily log of operations.
(b) You must submit a final report of
G&G prospecting or scientific research
activities under a permit within 30
days after you complete acquisition activities under the permit. You may
combine the final report with the last
status report and must include each of
the following:
(1) A description of the work performed.
(2) Charts, maps, plats and digital
navigation data in a format specified
by the Regional Director, showing the
areas and blocks in which any G&G
prospecting or permitted scientific re-

search activities were conducted. Identify the lines of geophysical traverses
and their locations including a reference sufficient to identify the data
produced during each activity.
(3) The dates on which you conducted
the actual prospecting or scientific research activities.
(4) A summary of any:
(i) Hard mineral, hydrocarbon, or sulphur occurrences encountered;
(ii) Environmental hazards; and
(iii) Adverse effects of the G&G
prospecting or scientific research activities on the environment, aquatic
life, archaeological resources, or other
uses of the area in which the activities
were conducted.
(5) Other descriptions of the activities conducted as specified by the Regional Director.
INTERRUPTED ACTIVITIES
§ 580.25 When may BOEM require me
to stop activities under this part?
(a)
We
may
temporarily
stop
prospecting 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, and
any minerals (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
our required submission of reports,
well records or logs, and G&G data and
information within the time specified;
or
(3) Stopping the activities is in the
interest of National security or defense.
(b) The Regional Director will advise
you either orally or in writing of the
procedures to temporarily stop activities. We will confirm an oral notification in writing and deliver all written
notifications by courier or certified/
registered mail. You must stop all activities under a permit as soon as you
receive an oral or written notification.

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§ 580.26

30 CFR Ch. V (7–1–17 Edition)

§ 580.26 When may I resume activities?
The Regional Director will advise
you when you may start your permit
activities again.
§ 580.27 When may BOEM cancel my
permit?
The Regional Director may cancel a
permit at any time.
(a) If we cancel your permit, the Regional Director will advise you by certified or registered mail 30 days before
the cancellation date and will state the
reason.
(b) After we cancel your permit, you
are still responsible for proper abandonment of any drill site according to
the requirements of 30 CFR 251.7(b)(8).
You must comply with all other obligations specified in this part or in the
permit.
§ 580.28 May I relinquish my permit?
(a) You may relinquish your permit
at any time by advising the Regional
Director by certified or registered mail
30 days in advance.
(b) After you relinquish your permit,
you are still responsible for proper
abandonment of any drill sites according to the requirements of 30 CFR
251.7(b)(8). You must also comply with
all other obligations specified in this
part or in the permit.
ENVIRONMENTAL ISSUES

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§ 580.29 Will BOEM monitor the environmental effects of my activity?
We will evaluate the potential of proposed prospecting or scientific research
activities for adverse impact on the environment to determine the need for
mitigation measures.
§ 580.30 What activities will not require environmental analysis?
We anticipate that activities of the
type listed below typically will not
cause significant environmental impact and will normally be categorically
excluded from additional environmental analysis. The types of activities
include:
(a) Gravity and magnetometric observations and measurements;
(b) Bottom and subbottom acoustic
profiling or imaging without the use of
explosives;

(c) Hard minerals sampling of a limited nature such as shallow test drilling;
(d) Water and biotic sampling, if the
sampling does not adversely affect
shellfish beds, marine mammals, or an
endangered species or if permitted by
the National Marine Fisheries Service
or another Federal agency;
(e) Meteorological observations and
measurements, including the setting of
instruments;
(f) Hydrographic and oceanographic
observations and measurements, including the setting of instruments;
(g) Sampling by box core or grab
sampler to determine seabed geological
or geotechnical properties;
(h) Television and still photographic
observation and measurements;
(i) Shipboard hard mineral assaying
and analysis; and
(j) Placement of positioning systems,
including bottom transponders and surface and subsurface buoys reported in
Notices to Mariners.
§ 580.31 Whom will BOEM notify about
environmental issues?
(a) In cases where Coastal Zone Management Act consistency review is required, the Director will notify the
Governor of each adjacent State with a
copy of the application for a permit
immediately upon the submission for
approval.
(b) In cases where an environmental
assessment is to be prepared, the Director will invite the Governor of each adjacent State to review and provide
comments regarding the proposed activities. The Director’s invitation to
provide comments will allow the Governor a specified period of time to comment.
(c) When a permit is issued, the Director will notify affected parties including each affected coastal State,
Federal agency, local government, and
special interest organization that has
expressed an interest.
PENALTIES AND APPEALS
§ 580.32 What penalties may I be subject to?
(a) Penalties for noncompliance under a
permit. You are subject to the penalty
provisions of section 24 of the Act (43

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§ 580.42

U.S.C. 1350) and the procedures contained in 30 CFR part 550, subpart N for
noncompliance with:
(1) Any provision of the Act;
(2) Any provisions of a G&G or drilling permit; or
(3) 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.
§ 580.33

How can I appeal a penalty?

See 30 CFR part 550.1409 and 30 CFR
part 590, subpart A, for instructions on
how to appeal any decision assessing a
civil penalty under 43 U.S.C. 1350 and 30
CFR part 550, subpart A.
§ 580.34 How can I appeal an order or
decision?
See 30 CFR part 590, subpart A, for
instructions on how to appeal an order
or decision.

Subpart D—Data Requirements

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GEOLOGICAL DATA AND INFORMATION
§ 580.40 When do I notify BOEM that
geological data and information are
available for submission, inspection, and selection?
(a) You must notify the Regional Director, 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 Regional Director 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 Regional Director 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.

§ 580.41 What types of geological data
and information must I submit to
BOEM?
Unless the Regional Director 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 Regional
Director 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.
§ 580.42 When geological data and information are obtained by a third
party, what must we both do?
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 § 580.40(a) and
is subject to the penalty provisions of
§ 580.32(a)(1) and 30 CFR part 550, 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

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§ 580.50

30 CFR Ch. V (7–1–17 Edition)

(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 Regional Director 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 Regional Director, advise the Regional
Director, in writing, of the license
agreement, including the identity of
the recipient of the data and information.

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GEOPHYSICAL DATA AND INFORMATION
§ 580.50 When do I notify BOEM that
geophysical data and information
are available for submission, inspection, and selection?
(a) You must notify the Regional Director 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 Regional Director 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 Regional Director 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 Regional
Director 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 Regional Director extends the delivery
time.
(e) At any time before final selection,
the Regional Director 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.
§ 580.51 What types of geophysical
data and information must I submit
to BOEM?
Unless the Regional Director 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.
§ 580.52 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 § 580.50(a) and
is subject to the penalty provisions of
§ 580.32(a)(1) and 30 CFR 550, 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,

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Ocean Energy Management, Interior

§ 580.71

trades, or otherwise provides data and
information to a third party must advise the Regional Director, 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 Regional Director, advise the Regional
Director, in writing, of the license
agreement, including the identity of
the recipient of the data and information.
REIMBURSEMENT

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§ 580.60 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 Regional Director requests if:
(1) You deliver G&G data and information to us for the Regional Director
to inspect or select and retain (according to §§ 580.40 and 580.50);
(2) We receive 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) 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 Regional Director, you processed the geophysical data or information in a form
or manner other than that used in the
normal conduct of business.
§ 580.61 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 inter-

preting geological or geophysical information.
PROTECTIONS
§ 580.70 What data and information
will be protected from public disclosure?
In making data and information
available to the public, the Regional
Director 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
550 and 552.
(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 550
and 552 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 Regional
Director will immediately issue a public announcement. The announcement
must further the National interest
without unduly damaging your competitive position.
§ 580.71 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:

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§ 580.72

30 CFR Ch. V (7–1–17 Edition)

If you or a third party submits and we retain . . .

The Regional Director will disclose them to the public . . .

(1)
(2)
(3)
(4)

Geological data and information,
Geophysical data,
Geophysical information,
Data and information related to a deep stratigraphic test,

10 years after issuing the permit.
50 years after you or a third party submit the data.
25 years after you or a third party submit the information.
25 years after you complete the test, unless the provisions of
paragraph (b) of this section apply.

(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.

mittee 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.
(3) 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.
(4) 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

§ 580.72 What procedure will BOEM
follow to disclose acquired data and
information to a contractor for reproduction, processing, and interpretation?
(a) When practical, the Regional Director will advise the person who submitted data and information under
§ 580.40 or § 580.50 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 Regional Director advises the person who submitted the
data and information, all other owners
of the data or information will be considered to have been 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 Regional Director’s consent.

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§ 580.73 Will BOEM 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 per-

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Ocean Energy Management, Interior

Pt. 581

(2) The regulations at 30 CFR parts
580, 581, and 582.

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Subpart E—Information Collection

PART 581—LEASING OF MINERALS
OTHER THAN OIL, GAS, AND SULPHUR IN THE OUTER CONTINENTAL SHELF

§ 580.80 Paperwork
Reduction
Act
statement—information collection.

Subpart A—General

(a) The Office of Management and
Budget (OMB) has approved the information collection requirements in this
part under 44 U.S.C. 3501 et seq. and assigned OMB control number 1010–0072.
The title of this information collection
is ‘‘30 CFR part 580, Prospecting for
Minerals other than Oil, Gas, and Sulphur on the Outer Continental Shelf.’’
(b) We 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.
(c) We use the information collected
under this part to:
(1) Evaluate permit applications and
monitor scientific research activities
for environmental and safety reasons.
(2) Determine that prospecting does
not harm resources, result in pollution,
create hazardous or unsafe conditions,
or interfere with other users in the
area.
(3) Approve reimbursement of certain
expenses.
(4) Monitor the progress and activities carried out under an OCS
prospecting permit.
(5) Inspect and select G&G data and
information collected under an OCS
prospecting permit.
(d) Respondents are Federal OCS permittees and notice filers. Responses are
mandatory or are required to obtain or
retain a benefit. We will protect information considered proprietary under
applicable law and under regulations at
§ 580.70 and 30 CFR part 581.
(e) 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,
Bureau of Ocean Energy Management,
45600 Woodland Road, Sterling, VA
20166.

Sec.
581.0 Authority for information collection.
581.1 Purpose and applicability.
581.2 Authority.
581.3 Definitions.
581.4 Qualifications of lessees.
581.5 False statements.
581.6 Appeals.
581.7 Disclosure of information to the public.
581.8 Rights to minerals.
581.9 Jurisdictional controversies.

[76 FR 64623, Oct. 18, 2011, as amended at 80
FR 57098, Sept. 22, 2015]

Subpart B—Leasing Procedures
581.11 Unsolicited request for a lease sale.
581.12 Request for OCS mineral information
and interest.
581.13 Joint State/Federal coordination.
581.14 OCS mining area identification.
581.15 Tract size.
581.16 Proposed leasing notice.
581.17 Leasing notice.
581.18 Bidding system.
581.19 Lease term.
581.20 Submission of bids.
581.21 Award of leases.
581.22 Lease form.
581.23 Effective date of leases.

Subpart C—Financial Considerations
581.26 Payments.
581.27 Annual rental.
581.28 Royalty.
581.29 Royalty valuation.
581.30 Minimum royalty.
581.31 Overriding royalties.
581.32 Waiver, suspension, or reduction of
rental, minimum royalty, or production
royalty.
581.33 Bonds and bonding requirements.

Subpart D—Assignments and Lease
Extensions
581.40 Assignment of leases or interests
therein.
581.41 Requirements for filing for transfers.
581.42 Effect of assignment on particular
lease.
581.43 Effect of suspensions on lease term.

Subpart E—Termination of Leases
581.46 Relinquishment of leases or parts of
leases.
581.47 Cancellation of leases.

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