eCFR for 1014-0021, 30 CFR Part 282

PART 282—OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER
THAN OIL, GAS, AND SULPHUR
Contents
Subpart A—General
§282.0
§282.1
§282.2
§282.3
§282.4
§282.5
§282.6
§282.7

Authority for information collection.
Purpose and authority.
Scope.
Definitions.
[Reserved]
Disclosure of data and information to the public.
Disclosure of data and information to an adjacent State.
Jurisdictional controversies.

Subpart B—Jurisdiction and Responsibilities of Director
§282.10
§282.11
§282.12
§282.13
§282.14
§282.15

Jurisdiction and responsibilities of Director.
Director's authority.
Director's responsibilities.
Suspension of production or other operations.
Noncompliance, remedies, and penalties.
[Reserved]

Subpart C—Obligations and Responsibilities of Lessees
§282.20 [Reserved]
§282.21 Plans, general.
§§282.22-282.26 [Reserved]
§282.27 Conduct of operations.
§282.28 Environmental protection measures.
§§282.29-282.30 [Reserved]
§282.31 Suspension of production or other operations.
Subpart D—Payments
§282.40 [Reserved]
§282.41 Method of royalty calculation.
§282.42 [Reserved]
Subpart E—Appeals
§282.50 Appeals.
AUTHORITY: 43 U.S.C. 1334.
SOURCE: 76 FR 64462, Oct. 18, 2011, unless otherwise noted.

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Subpart A—General
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§282.0 Authority for information collection.
(a) The information collection requirements in this part have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1014-0021. The
information is being collected to inform the Bureau of Safety and Environmental Enforcement
(BSEE) of general mining operations in the Outer Continental Shelf (OCS). The information will be
used to ensure that operations are conducted in a safe and environmentally responsible manner in
compliance with governing laws and regulations. The requirement to respond is mandatory.
(b) Send comments regarding any aspect of the collection of information under this part,
including suggestions for reducing the burden, to: Information Collection Clearance Officer, Bureau
of Safety and Environmental Enforcement, 45600 Woodland Road, Sterling, VA 20166.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]

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§282.1 Purpose and authority.
(a) The Act authorizes the Secretary to prescribe such rules and regulations as may be
necessary to carry out the provisions of the Act (43 U.S.C. 1334). The Secretary is authorized to
prescribe and amend regulations that the Secretary determines to be necessary and proper in order
to provide for the prevention of waste, conservation of the natural resources of the OCS, and the
protection of correlative rights therein. In the enforcement of safety, environmental, and conservation
laws and regulations, the Secretary is authorized to cooperate with adjacent States and other
Departments and Agencies of the Federal Government.
(b) Subject to the supervisory authority of the Secretary, and unless otherwise specified, the
regulations in this part shall be administered by the Director of BSEE.
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§282.2 Scope.
The rules and regulations in this part apply as of their effective date to all operations conducted
under a mineral lease for OCS minerals other than oil, gas, or sulphur issued under the provisions of
section 8(k) of the Act.
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§282.3 Definitions.
When used in this part, the following terms shall 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:
(1) That is, or is proposed to be, receiving for processing, refining, or transshipment OCS
mineral resources commercially recovered from the seabed;
(2) That is used, or is scheduled to be used, as a support base for prospecting, exploration,
testing, or mining activities; or
(3) In which there is a reasonable probability of significant effect on land or water uses from
such activity.
Contingency Plan means a plan for action to be taken in emergency situations.
Data means geological and geophysical (G&G) facts and statistics or samples which have not
been analyzed, processed, or interpreted.
Development means those activities which take place following the discovery of minerals in
paying quantities including geophysical activities, drilling, construction of offshore facilities, and
operation of all onshore support facilities, which are for the purpose of ultimately producing the
minerals discovered.
Director means the Director of BSEE of the U.S. Department of the Interior or an official
authorized to act on the Director's behalf.
Exploration means the process of searching for minerals on a lease including:
(1) Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect
or imply the presence of minerals;
(2) Any drilling including the drilling of a borehole in which the discovery of a mineral other than
oil, gas, or sulphur is made and the drilling of any additional boreholes needed to delineate any
mineral deposits; and
(3) The taking of sample portions of a mineral deposit to enable the lessee to determine
whether to proceed with development and production.
Geological sample means a collected portion of the seabed, the subseabed, or the overlying
waters (when obtained for geochemical analysis) acquired while conducting postlease mining
activities.
Governor means the Governor of a State or the person or entity designated by, or pursuant to,
State law to exercise the power granted to a Governor.
Information means G&G data that have been analyzed, processed, or interpreted.
Lease means one of the following, whichever is required by the context: Any form of
authorization which is issued under section 8 or maintained under section 6 of the Acts and which

authorizes exploration for, and development and production of, specific minerals; or the area
covered by that authorization.
Lessee means the person authorized by a lease, or an approved assignment thereof, to
explore for and develop and produce the leased deposits in accordance with the regulations in this
chapter. The term includes all parties holding that authority by or through the lessee.
Major Federal action means any action or proposal by the Secretary which is subject to the
provisions of section 102(2)(C) of the National Environmental Policy Act (NEPA) (i.e., an action
which will have a significant impact on the quality of the human environment requiring preparation of
an Environmental Impact Statement (EIS) pursuant to section 102(2)(C) of NEPA).
Marine environment means the physical, atmospheric, and biological components, conditions,
and factors which interactively determine the productivity, state, condition, and quality of the marine
ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal
areas, salt marshes, and wetlands within the coastal zone and on the OCS.
Minerals include 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.
OCS mineral means any mineral deposit or accretion found on or below the surface of the
seabed but does not include oil, gas, or sulphur; salt or sand and gravel intended for use in
association with the development of oil, gas, or sulphur; or source materials essential to production
of fissionable materials which are reserved to the United States pursuant to section 12(e) of the Act.
Operator means the individual, partnership, firm, or corporation having control or management
of operations on the lease or a portion thereof. The operator may be a lessee, designated agent of
the lessee, or holder of rights under an approved operating agreement.
Outer Continental Shelf means all submerged lands lying seaward and outside of the area of
lands beneath navigable waters as defined in section 2 of 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.
Person means a citizen or national of the United States; an alien lawfully admitted for
permanent residency in the United States as defined in 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; an association 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.
Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's
behalf.
Testing means removing bulk samples for processing tests and feasibility studies and/or the
testing of mining equipment to obtain information needed to develop a detailed Mining Plan.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]

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§282.4 [Reserved]
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§282.5 Disclosure of data and information to the public.
(a) The Director shall make data, information, and samples available in accordance with the
requirements and subject to the limitations of the Act, the Freedom of Information Act (5 U.S.C. 552),
and the implementing regulations (43 CFR part 2).
(b) Geophysical data, processed G&G information, interpreted G&G information, and other data
and information submitted pursuant to the requirements of this part shall not be available for public
inspection without the consent of the lessee so long as the lease remains in effect, unless the
Director determines that earlier limited release of such information is necessary for the unitization of
operations on two or more leases, to ensure proper Mining Plans for a common ore body, or to
promote operational safety. When the Director determines that early limited release of data and
information is necessary, the data and information shall be shown only to persons with a direct
interest in the affected lease(s), unitization agreement, or joint Mining Plan.
(c) Geophysical data, processed geophysical information and interpreted geophysical
information collected on a lease with high resolution systems (including, but not limited to,
bathymetry, side-scan sonar, subbottom profiler, and magnetometer) in compliance with stipulations
or orders concerning protection of environmental aspects of the lease may be made available to the
public 60 days after submittal to the Director, unless the lessee can demonstrate to the satisfaction
of the Director that release of the information or data would unduly damage the lessee's competitive
position.
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§282.6 Disclosure of data and information to an adjacent State.
(a) Proprietary data, information, and samples submitted to BSEE pursuant to the requirements
of this part shall be made available for inspection by representatives of adjacent State(s) upon
request by the Governor(s) in accordance with paragraphs (b) and (c) of this section.
(b) Disclosure shall occur only after the Governor has entered into an agreement with the
Secretary providing that:
(1) The confidentiality of the information shall be maintained;
(2) In any action commenced against the Federal Government or the State for failure to protect
the confidentiality of proprietary information, the Federal Government or the State, as the case may
be, may not raise as a defense any claim of sovereign immunity or any claim that the employee who
revealed the proprietary information, which is the basis of the suit, was acting outside the scope of
the person's employment in revealing the information;
(3) The State agrees to hold the United States harmless for any violation by the State or its
employees or contractors of the agreement to protect the confidentiality of proprietary data,
information, and samples; and

(c) The data, information, and samples available for inspection by representatives of adjacent
State(s) pursuant to an agreement shall be related to leased lands.
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§282.7 Jurisdictional controversies.
In the event of a controversy between the United States and a State as to whether certain lands
are subject to Federal or State jurisdiction, either the Governor of the State or the Secretary may
initiate negotiations in an attempt to settle the jurisdictional controversy. With the concurrence of the
Attorney General, the Secretary may enter into an agreement with a State with respect to OCS
mineral activities and to payment and impounding of rents, royalties, and other sums and with
respect to the issuance or nonissuance of new leases pending settlement of the controversy.
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Subpart B—Jurisdiction and Responsibilities of Director
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§282.10 Jurisdiction and responsibilities of Director.
Subject to the authority of the Secretary, the following activities are subject to the regulations in
this part and are under the jurisdiction of the Director: Exploration, testing, and mining operations
together with the associated environmental protection measures needed to permit those activities to
be conducted in an environmentally responsible manner; handling, measurement, and transportation
of OCS minerals; and other operations and activities conducted pursuant to a lease issued under 30
CFR part 581, or pursuant to a right of use and easement granted under 30 CFR 582.30, by or on
behalf of a lessee or the holder of a right of use and easement.
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§282.11 Director's authority.
(a)-(c) [Reserved]
(d)(1) The Director may approve the consolidation of two or more OCS mineral leases or
portions of two or more OCS mineral leases into a single mining unit requested by lessees, or the
Director may require such consolidation when the operation of those leases or portions of leases as
a single mining unit is in the interest of conservation of the natural resources of the OCS or the
prevention of waste. A mining unit may also include all or portions of one or more OCS mineral
leases with all or portions of one or more adjacent State leases for minerals in a common orebody. A
single unit operator shall be responsible for submission of required Delineation, Testing, and Mining
Plans covering OCS mineral operations for an approved mining unit.
(2) Operations such as exploration, testing, and mining activities conducted in accordance with
an approved plan on any lease or portion of a lease which is subject to an approved mining unit shall
be considered operations on each of the leases that is made subject to the approved mining unit.

(3) Minimum royalty paid pursuant to a Federal lease, which is subject to an approved mining
unit, is creditable against the production royalties allocated to that Federal lease during the lease
year for which the minimum royalty is paid.
(4) Any OCS minerals produced from State and Federal leases which are subject to an
approved mining unit shall be accounted for separately unless a method of allocating production
between State and Federal leases has been approved by the Director and the appropriate State
official.
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§282.12 Director's responsibilities.
(a) The Director is responsible for the regulation of activities to assure that all operations
conducted under a lease or right of use and easement are conducted in a manner that protects the
environment and promotes orderly development of OCS mineral resources. Those activities are to
be designed to prevent serious harm or damage to, or waste of, any natural resource (including OCS
mineral deposits and oil, gas, and sulphur resources in areas leased or not leased), any life
(including fish and other aquatic life), property, or the marine, coastal, or human environment.
(b)-(d) [Reserved]
(e) The Director shall assure that a scheduled onsite compliance inspection of each facility
which is subject to regulations in this part is conducted at least once a year. The inspection shall be
to determine that the lessee is in compliance with the requirements of the law; provisions of the
lease; the approved Delineation, Testing, or Mining Plan; and the regulations in this part. Additional
unscheduled onsite inspections shall be conducted without advance notice to the lessee to assure
compliance with the provisions of applicable law; the lease; the approved Delineation, Testing, or
Mining Plan; and the regulations in this part.
(f)(1) The Director shall, after completion of the technical and environmental evaluations,
approve, disapprove, or require modification of the lessee's requests, applications, plans, and
notices submitted pursuant to the provisions of this part; issue orders to govern lease operations;
and require compliance with applicable provisions of the law, the regulations, the lease, and the
approved Delineation, Testing, or Mining Plans. The Director may give oral orders or approvals
whenever prior approval is required before the commencement of an operation or activity. Oral
orders or approvals given in response to a written request shall be confirmed in writing within 3
working days after issuance of the order or granting of the oral approval.
(2) The Director shall, after completion of the technical and environmental evaluations,
approve, disapprove, or require modification, as appropriate, of the design plan, fabrication plan, and
installation plan for platforms, artificial islands, and other installations and devices permanently or
temporarily attached to the seabed. The approval, disapproval, or requirement to modify such plans
may take the form of a condition of granting a right of use and easement under paragraph (a) of this
section or as authorized under any lease issued or maintained under the Act.
(g) [Reserved]
(h) The Director may prescribe or approve, in writing or orally, departures from the operating
requirements of the regulations of this part when such departures are necessary to facilitate the

proper development of a lease; to conserve natural resources; or to protect life (including fish and
other aquatic life), property, or the marine, coastal, or human environment.
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§282.13 Suspension of production or other operations.
(a) The Director may direct the suspension or temporary prohibition of production or any other
operation or activity on all or any part of a lease when it has been determined that such suspension
or temporary prohibition is in the National interest to:
(1) Facilitate proper development of a lease including a reasonable time to develop a mine and
construct necessary support facilities, or
(2) Allow for the construction or negotiation for use of transportation facilities.
(b) The Director may also direct or, at the request of the lessee, approve a suspension or
temporary prohibition of production or any other operation or activity, if:
(1) The lessee failed to comply with a provision of applicable law, regulation, order, or the
lease;
(2) There is a threat of serious, irreparable, or immediate harm or damage to life (including fish
and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment;
(3) The suspension or temporary prohibition is in the interest of National security or defense;
(4) The suspension or temporary prohibition is necessary for the initiation and conduct of an
environmental evaluation to define mitigation measures to avoid or minimize adverse environmental
impacts.
(5) The suspension or temporary prohibition is necessary to facilitate the installation of
equipment necessary for safety of operations and protection of the environment;
(6) The suspension or temporary prohibition is necessary to allow for undue delays
encountered by the lessee in obtaining required permits or consents, including administrative or
judicial challenges or appeals;
(7) The Director determines that continued operations would result in premature abandonment
of a producing mine, resulting in the loss of otherwise recoverable OCS minerals;
(8) The Director determines that the lessee cannot successfully operate a producing mine due
to market conditions that are either temporary in nature or require temporary shutdown and
reinvestment in order for the lessee to adapt to the conditions; or
(9) The suspension or temporary prohibition is necessary to comply with judicial decrees
prohibiting production or any other operation or activity, or the permitting of those activities, effective
the date set by the court for that prohibition.

(c) When the Director orders or approves a suspension or a temporary prohibition of operation
or activity including production on all of a lease pursuant to paragraph (a) or (b) of this section, the
term of the lease shall be extended for a period of time equal to the period of time that the
suspension or temporary prohibition is in effect, except that no lease shall be so extended when the
suspension or temporary prohibition is the result of the lessee's gross negligence or willful violation
of a provision of the lease or governing regulations.
(d) The Director may, at any time within the period prescribed for a suspension or temporary
prohibition issued pursuant to paragraph (b)(2) of this section, require the lessee to submit a
Delineation, Testing, or Mining Plan to the Bureau of Ocean Energy Management for approval in
accordance with the requirements for the approval of such plans in part 582 of this title.
(e)(1) When the Director orders or issues a suspension or a temporary prohibition pursuant to
paragraph (b)(2) of this section, the Director may require the lessee to conduct site-specific studies
to identify and evaluate the cause(s) of the hazard(s) generating the suspension or temporary
prohibition, the potential for damage from the hazard(s), and the measures available for mitigating
the hazard(s). The nature, scope, and content of any study shall be subject to approval by the
Director. The lessee shall furnish copies and all results of any such study to the Director. The cost of
the study shall be borne by the lessee unless the Director arranges for the cost of the study to be
borne by a party other than the lessee. The Director shall make results of any such study available
to interested parties and to the public as soon as practicable after the completion of the study and
submission of the results thereof.
(2) When the Director determines that measures are necessary, on the basis of the results of
the studies conducted in accordance with paragraph (e)(1) of this section and other information
available to and identified by the Director, the lessee will be required to take appropriate measures
to mitigate, avoid, or minimize the damage or potential damage on which the suspension or
temporary prohibition is based. In choosing between alternative mitigation measures, the Director
will balance the cost of the required measures against the reduction or potential reduction in damage
or threat of damage or harm to life (including fish and other aquatic life), to property, to any mineral
deposits (in areas leased or not leased), to the National security or defense, or to the marine,
coastal, or human environment. When deemed appropriate by the Director, the lessee must submit
to the Bureau of Ocean Energy Management a revised Delineation, Testing, or Mining Plan that
incorporates the mitigation measures required by the Director.
(f)(1) If under the provisions of paragraphs (b)(2), (3), and (4) of this section, the Director, with
respect to any lease, directs the suspension of production or other operations on the entire
leasehold, no payment of rental or minimum royalty shall be due for or during the period of the
directed suspension and the time for the lessee specify royalty free period of a period of reduced
royalty pursuant to 30 CFR 581.28(b) will be extended for the period of directed suspension. If under
the provisions of paragraphs (b)(2), (3), and (4) of this section the Director, with respect to a lease
on which there has been no production, directs the suspension of operations on the entire leasehold,
no payment of rental shall be due during the period of the directed suspension.
(2) If under the provisions of this section, the Director grants the request of a lessee for a
suspension of production or other operations, the lessee's obligations to pay rental, minimum royalty,
or royalty shall continue to apply during the period of the approved suspension, unless the Director's
approval of the lessee's request for suspension authorizes the payment of a lesser amount during
the period of approved suspension. If under the provision of this section, the Director grants a
lessee's request for a suspension of production or other operations for a lease which includes
provisions for a time period which the lessee may specify during which production from the
leasehold would be royalty free or subject to a reduced royalty obligation pursuant to 30 CFR

581.28(b), the time during which production from a leasehold may be royalty free or subject to a
reduced royalty obligation shall not be extended unless the Director's approval of the suspension
specifies otherwise.
(3) If the lease anniversary date falls within a period of suspension for which no rental or
minimum royalty payments are required under paragraph (a) of this section, the prorated rentals or
minimum royalties are due and payable as of the date the suspension period terminates. These
amounts shall be computed and notice thereof given the lessee. The lessee shall pay the amount
due within 30 days after receipt of such notice. The anniversary date of a lease shall not change by
reason of any period of lease suspension or rental or royalty relief resulting therefrom.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36153, June 6, 2016]

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§282.14 Noncompliance, remedies, and penalties.
(a)(1) If the Director determines that a lessee has failed to comply with applicable provisions of
law; the regulations in this part; other applicable regulations; the lease; the approved Delineation,
Testing, or Mining Plan; or the Director's orders or instructions, and the Director determines that
such noncompliance poses a threat of immediate, serious, or irreparable damage to the
environment, the mine or the deposit being mined, or other valuable mineral deposits or other
resources, the Director shall order the lessee to take immediate and appropriate remedial action to
alleviate the threat. Any oral orders shall be followed up by service of a notice of noncompliance
upon the lessee by delivery in person to the lessee or agent, or by certified or registered mail
addressed to the lessee at the last known address.
(2) If the Director determines that the lessee has failed to comply with applicable provisions of
law; the regulations in this part; other applicable regulations; the lease; the requirements of an
approved Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and such
noncompliance does not pose a threat of immediate, serious, or irreparable damage to the
environment, the mine or the deposit being mined, or other valuable mineral deposits or other
resources, the Director shall serve a notice of noncompliance upon the lessee by delivery in person
to the lessee or agent or by certified or registered mail addressed to the lessee at the last known
address.
(b) A notice of noncompliance shall specify in what respect(s) the lessee has failed to comply
with the provisions of applicable law; regulations; the lease; the requirements of an approved
Delineation, Testing, or Mining Plan; or the Director's orders or instructions, and shall specify the
action(s) which must be taken to correct the noncompliance and the time limits within which such
action must be taken.
(c) Failure of a lessee to take the actions specified in the notice of noncompliance within the
time limit specified shall be grounds for a suspension of operations and other appropriate actions,
including but not limited to the assessment of a civil penalty of up to $40,000 per day for each
violation that is not corrected within the time period specified (43 U.S.C. 1350(b)).
(d) Whenever the Director determines that a violation of or failure to comply with any provision
of the Act; or any provision of a lease, license, or permit issued pursuant to the Act; or any provision
of any regulation promulgated under the Act probably occurred and that such apparent violation
continued beyond notice of the violation and the expiration of the reasonable time period allowed for
corrective action, the Director shall follow the procedures concerning remedies and penalties in

subpart N, Remedies and Penalties, of 30 CFR part 250 to determine and assess an appropriate
penalty.
(e) The remedies and penalties prescribed in this section shall be concurrent and cumulative,
and the exercise of one shall not preclude the exercise of the other. Further, the remedies and
penalties prescribed in this section shall be in addition to any other remedies and penalties afforded
by any other law or regulation (43 U.S.C. 1350(e)).
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]

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§282.15 [Reserved]
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Subpart C—Obligations and Responsibilities of Lessees
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§282.20 [Reserved]
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§282.21 Plans, general.
(a)-(d) [Reserved]
(e) Leasehold activities shall be carried out with due regard to conservation of resources,
paying particular attention to the wise management of OCS mineral resources, minimizing waste of
the leased resource(s) in mining and processing, and preventing damage to unmined parts of the
mineral deposit and other resources of the OCS.
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§§282.22-282.26 [Reserved]
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§282.27 Conduct of operations.
(a) The lessee shall conduct all exploration, testing, development, and production activities and
other operations in a safe and workmanlike manner and shall maintain equipment in a manner which
assures the protection of the lease and its improvements, the health and safety of all persons, and
the conservation of property, and the environment.
(b) Nothing in this part shall preclude the use of new or alternative technologies, techniques,
procedures, equipment, or activities, other than those prescribed in the regulations of this part, if
such other technologies, techniques, procedures, equipment, or activities afford a degree of
protection, safety, and performance equal to or better than that intended to be achieved by the

regulations of this part, provided the lessee obtains the written approval of the Director prior to the
use of such new or alternative technologies, techniques, procedures, equipment, or activities.
(c) The lessee shall immediately notify the Director when there is a death or serious injury; fire,
explosion, or other hazardous event which threatens damage to life, a mineral deposit, or
equipment; spills of oil, chemical reagents, or other liquid pollutants which could cause pollution; or
damage to aquatic life or the environment associated with operations on the lease. As soon as
practical, the lessee shall file a detailed report on the event and action(s) taken to control the
situation and to mitigate any further damage.
(d)(1) Lessees shall provide means, at all reasonable hours either day or night, for the Director
to inspect or investigate the conditions of the operation and to determine whether applicable
regulations; terms and conditions of the lease; and the requirements of the approved Delineation,
Testing, or Mining Plan are being met.
(2) A lessee shall, on request by the Director, furnish food, quarters, and transportation for
BSEE representatives to inspect its facilities. Upon request, you will be reimbursed by BSEE for the
actual costs that you incur as a result of providing transportation to BSEE representatives. In
addition, you will be reimbursed for the actual costs that you incur for providing food and quarters for
a BSEE representative's stay of more than 12 hours. You must submit an invoice for reimbursement
within 90 days of the inspection.
(e) Mining and processing vessels, platforms, structures, artificial islands, and mobile drilling
units which have helicopter landing facilities shall be identified with at least one sign using letters
and figures not less than 12 inches in height. Signs for structures without helicopter landing facilities
shall be identified with at least one sign using letters and figures not less than 3 inches in height.
Signs shall be affixed at a location that is visible to approaching traffic and shall contain the following
information which may be abbreviated:
(1) Name of the lease operator;
(2) The area designation based on Official OCS Protraction Diagrams;
(3) The block number in which the facility is located; and
(4) Vessel, platform, structure, or rig name.
(f)(1) Drilling. (i) When drilling on lands valuable or potentially valuable for oil and gas or
geopressured or geothermal resources, drilling equipment shall be equipped with blowout prevention
and control devices acceptable to the Director before penetrating more than 500 feet unless a
different depth is specified in advance by the Director.
(ii) In cases where the Director determines that there is sufficient likelihood of encountering
pressurized hydrocarbons, the Director may require that the lessee comply with all or portions of the
requirements in part 250, subpart D, of this title.
(iii) Before drilling any hole which may penetrate an aquifer, the lessee shall follow the
procedures included in the approved plan for the penetration and isolation of the aquifer during the
drilling operation, during use of the hole, and for subsequent abandonment of the hole.

(iv) Cuttings from holes drilled on the lease shall be disposed of and monitored in accordance
with the approved plan.
(v) The use of muds in drilling holes on the lease and their subsequent disposition shall be
according to the approved plan.
(2) All drill holes which are susceptible to logging shall be logged, and the lessee shall prepare
a detailed lithologic log of each drill hole. Drill holes which are drilled deeper than 500 feet shall be
drilled in a manner which permits logging. Copies of logs of cores and cuttings and all in-hole
surveys such as electronic logs, gamma ray logs, neutron density logs, and sonic logs shall be
provided to the Director.
(3) Drill holes for exploration, testing, development, or production shall be properly plugged and
abandoned to the satisfaction of the Director in accordance with the approved plan and in such a
manner as to protect the surface and not endanger any operation; any freshwater aquifer; or deposit
of oil, gas, or other mineral substance.
(g) The use of explosives on the lease shall be in accordance with the approved plan.
(h)(1) Any equipment placed on the seabed shall be designed to allow its recovery and removal
upon abandonment of leasehold activities.
(2) Disposal of equipment, cables, chains, containers, or other materials into the ocean is
prohibited.
(3) Materials, equipment, tools, containers, and other items used on the OCS which are of such
shape or configuration that they are likely to snag or damage fishing devices shall be handled and
marked as follows:
(i) All loose materials, small tools, and other small objects shall be kept in a suitable storage
area or a marked container when not in use or in a marked container before transport over OCS
waters;
(ii) All cable, chain, or wire segments shall be recovered after use and securely stored;
(iii) Skid-mounted equipment, portable containers, spools or reels, and drums shall be marked
with the owner's name prior to use or transport over OCS waters; and
(iv) All markings must clearly identify the owner and must be durable enough to resist the
effects of the environmental conditions to which they are exposed.
(4) Any equipment or material described in paragraphs (h)(2), (h)(3)(ii), and (iii) of this section
that is lost overboard shall be recorded on the daily operations report of the facility and reported to
the Director and to the U.S. Coast Guard.
(i) Any bulk sampling or testing that is necessary to be conducted prior to submission of a
Mining Plan shall be in accordance with an approved Testing Plan. The sale of any OCS minerals
acquired under an approved Testing Plan shall be subject to the payment of the royalty specified in
the lease to the United States.

(j) Installations and structures: (1) The lessee shall design, fabricate, install, use, inspect, and
maintain all installations and structures, including platforms on the OCS, to assure the structural
integrity of all installations and structures for the safe conduct of exploration, testing, mining, and
processing activities considering the specific environmental conditions at the location of the
installation or structure.
(2) All fixed or bottom-founded platforms or other structures, e.g., artificial islands shall be
designed, fabricated, installed, inspected, and maintained in accordance with the provisions of 30
CFR part 250, subpart I.
(k) The lessee shall not produce any OCS mineral until the method of measurement and the
procedures for product valuation have been instituted in accordance with the approved Testing or
Mining Plan. The lessee shall enter the weight or quantity and quality of each mineral produced in
accordance with 30 CFR 582.29.
(l) The lessee shall conduct OCS mineral processing operations in accordance with the
approved Testing or Mining Plan and use due diligence in the reduction, concentration, or separation
of mineral substances by mechanical or chemical processes, by evaporation, or other means, so
that the percentage of concentrates or other mineral substances are recovered in accordance with
the practices approved in the Testing or Mining Plan.
(m) No material shall be discharged or disposed of except in accordance with the approved
disposal practice and procedures contained in the approved Delineation, Testing, or Mining Plan.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36154, June 6, 2016]

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§282.28 Environmental protection measures.
(a)-(b) [Reserved]
(c)(1) The lessee shall monitor activities in a manner that develops the data and information
necessary to enable the Director to assess the impacts of exploration, testing, mining, and
processing activities on the environment on and off the lease; develop and evaluate methods for
mitigating adverse environmental effects; validate assessments made in previous environmental
evaluations; and ensure compliance with lease and other requirements for the protection of the
environment.
(2) Monitoring of environmental effects shall include determination of the spatial and temporal
environmental changes induced by the exploration, testing, development, production, and
processing activities on the flora and fauna of the sea surface, the water column, and/or the seafloor.
(3) The Director may place observers onboard exploration, testing, mining, and processing
vessels; installations; or structures to ensure that the provisions of the lease, the approved plan, and
these regulations are followed and to evaluate the effectiveness of the approved monitoring and
mitigation practices and procedures in protecting the environment.
(4) The Director may order or the lessee may request a modification of the approved monitoring
program prior to the startup of testing activities or commercial-scale recovery, and at other

appropriate times as necessary, to reflect accurately the proposed operations or to incorporate the
results of recent research or improved monitoring techniques.
(5) [Reserved]
(6) When required, the monitoring plan will specify:
(i) The sampling techniques and procedures to be used to acquire the needed data and
information;
(ii) The format to be used in analysis and presentation of the data and information;
(iii) The equipment, techniques, and procedures to be used in carrying out the monitoring
program; and
(iv) The name and qualifications of person(s) designated to be responsible for carrying out the
environmental monitoring.
(d) Lessees shall develop and conduct their operations in a manner designed to avoid,
minimize, or otherwise mitigate environmental impacts and to demonstrate the effectiveness of
efforts to that end. Based upon results of the monitoring program, the Director may specify particular
procedures for mitigating environmental impacts.
(e) [Reserved]
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§§282.29-282.30 [Reserved]
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§282.31 Suspension of production or other operations.
A lessee may submit a request for a suspension of production or other operations. The request
shall include justification for granting the requested suspension, a schedule of work leading to the
initiation or restoration of production or other operations, and any other information the Director may
require.
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Subpart D—Payments
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§282.40 [Reserved]
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§282.41 Method of royalty calculation.

In the event that the provisions of royalty management regulations in part 1206 of chapter XII
do not apply to the specific commodities produced under regulations in this part, the lessee shall
comply with procedures specified in the leasing notice.
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§282.42 [Reserved]
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Subpart E—Appeals
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§282.50 Appeals.
See 30 CFR part 290 for instructions on how to appeal any order or decision that we issue
under this part.