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43 U.S.C. § 1352 — Oil and gas information program

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1352 — Oil and gas information program

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Stable record: federal_law:legal_authorities:record_usc_9ab03ad2a19feaa709d15daf
Source file: Laws/federal/codes/united-states-code/title-43/section-1352-oil-and-gas-information-program--59627877d1.md
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Source location: Title 43, Chapter 29, § 1352; chapter-029-submerged-lands.md

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**(a) Access to data and information obtained by lessee or permittee from oil or gas exploration, etc., data obtained by Federal department or agency from geological and geophysical explorations** (1) (A) Any lessee or permittee conducting any exploration for, or development or production of, oil or gas pursuant to this subchapter shall provide the Secretary access to all data and information (including processed, analyzed, and interpreted information) obtained from such activity and shall provide copies of such data and information as the Secretary may request. Such data and information shall be provided in accordance with regulations which the Secretary shall prescribe. (B) If an interpretation provided pursuant to subparagraph (A) of this paragraph is made in good faith by the lessee or permittee, such lessee or permittee shall not be held responsible for any consequence of the use of or reliance upon such interpretation. (C) Whenever any data and information is provided to the Secretary, pursuant to subparagraph (A) of this paragraph— (i) by a lessee, in the form and manner of processing which is utilized by such lessee in the normal conduct of his business, the Secretary shall pay the reasonable cost of reproducing such data and information; (ii) by a lessee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay the reasonable cost of processing and reproducing such data and information; (iii) by a permittee, in the form and manner of processing which is utilized by such permittee in the normal conduct of his business, the Secretary shall pay such permittee the reasonable cost of reproducing such data and information for the Secretary and shall pay at the lowest rate available to any purchaser for processing such data and information the costs attributable to such processing; and (iv) by a permittee, in such other form and manner of processing as the Secretary may request, the Secretary shall pay such permittee the reasonable cost of processing and reproducing such data and information for the Secretary, pursuant to such regulations as he may prescribe. (2) Each Federal department and agency shall provide the Secretary with any data obtained by such Federal department or agency pursuant to [section 1340 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1340&num=0&edition=prelim), and any other information which may be necessary or useful to assist him in carrying out the provisions of this subchapter. **(b) Processing, analyzing, and interpreting information; availability of summary of data to affected States and local government** (1) Data and information provided to the Secretary pursuant to subsection (a) of this section shall be processed, analyzed, and interpreted by the Secretary for purposes of carrying out his duties under this subchapter. (2) As soon as practicable after information provided to the Secretary pursuant to subsection (a) of this section is processed, analyzed, and interpreted, the Secretary shall make available to the affected States, and upon request, to any affected local government, a summary of data designed to assist them in planning for the onshore impacts of possible oil and gas development and production. Such summary shall include estimates of (A) the oil and gas reserves in areas leased or to be leased, (B) the size and timing of development if and when oil or gas, or both, is found, (C) the location of pipelines, and (D) the general location and nature of onshore facilities. **(c) Confidentiality of information; regulations** The Secretary shall prescribe regulations to (1) assure that the confidentiality of privileged or proprietary information received by the Secretary under this section will be maintained, and (2) set forth the time periods and conditions which shall be applicable to the release of such information. Such regulations shall include a provision that no such information will be transmitted to any affected State unless the lessee, or the permittee and all persons to whom such permittee has sold such information under promise of confidentiality, agree to such transmittal. **(d) Transmittal of information to affected State; protection of competitive position** (1) The Secretary shall transmit to any affected State— (A) an index, and upon request copies of, all relevant actual or proposed programs, plans, reports, environmental impact statements, tract nominations (including negative nominations) and other lease sale information, any similar type of relevant information, and all modifications and revisions thereof and comments thereon, prepared or obtained by the Secretary pursuant to this subchapter, but no information transmitted by the Secretary under this subsection shall identify any particular tract with the name or names of any particular party so as not to compromise the competitive position of any party or parties participating in the nominations; (B) (i) the summary of data prepared by the Secretary pursuant to subsection (b)(2) of this section, and (ii) any other processed, analyzed, or interpreted data prepared by the Secretary pursuant to such subsection (b)(1), unless the Secretary determines that transmittal of such data prepared pursuant to subsection (b)(1) of this section would unduly damage the competitive position of the lessee or permittee who provided the Secretary with the information which the Secretary had processed, analyzed, or interpreted; and (C) any relevant information received by the Secretary pursuant to subsection (a) of this section, subject to any applicable requirements as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. (2) Notwithstanding the provisions of any regulation required pursuant to the second sentence of subsection (c) of this section, the Governor of any affected State may designate an appropriate State official to inspect, at a regional location which the Secretary shall designate, any privileged information received by the Secretary regarding any activity adjacent to such State, except that no such inspection shall take place prior to the sale of a lease covering the area in which such activity was conducted. Knowledge obtained by such State during such inspection shall be subject to applicable requirements as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. **(e) Agreement with State to waive defenses and hold United States harmless from failure to maintain confidentiality of information** Prior to transmitting any privileged information to any State, or granting such State access to such information, the Secretary shall enter into a written agreement with the Governor of such State in which such State agrees, as a condition precedent to receiving or being granted access to such information, to waive the defenses set forth in subsection (f)(2) of this section, and to hold the United States harmless from any violations of the regulations prescribed pursuant to subsection (c) that the State or its employees may commit. **(f) Civil action against United States or State for failure to maintain confidentiality of information; certain defenses unavailable** (1) Whenever any employee of the Federal Government or of any State reveals information in violation of the regulations prescribed pursuant to subsection (c) of this section, the lessee or permittee who supplied such information to the Secretary or to any other Federal official, and any person to whom such lessee or permittee has sold such information under promise of confidentiality, may commence a civil action for damages in the appropriate district court of the United States against the Federal Government or such State, as the case may be. (2) In any action commenced against the Federal Government or a State pursuant to paragraph (1) of this subsection, the Federal Government or such State, as the case may be, may not raise as a defense (A) any claim of sovereign immunity, or (B) any claim that the employee who revealed the privileged information which is the basis of such suit was acting outside the scope of his employment in revealing such information. **(g) Preemption of State law by Federal law** Any provision of State or local law which provides for public access to any privileged information received or obtained by any person pursuant to this subchapter is expressly preempted by the provisions of this section, to the extent that it applies to such information. **(h) Failure by State to comply with regulations; withholding of information** If the Secretary finds that any State cannot or does not comply with the regulations issued under subsection (c) of this section, he shall thereafter withhold transmittal and deny inspection of privileged information to such State until he finds that such State can and will comply with such regulations.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1340 — Geological and geophysical explorations

**(a) Approved exploration plans** (1) Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area. (2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this subchapter. **(b) Oil and gas exploration** Except as provided in subsection (f) of this section, beginning ninety days after September 18, 1978, no exploration pursuant to any oil and gas lease issued or maintained under this subchapter may be undertaken by the holder of such lease, except in accordance with the provisions of this section. **(c) Plan approval; State concurrence; plan provisions** (1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of [section 1334(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1340

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1337 — Leases, easements, and rights-of-way on the outer Continental Shelf

**(a) Oil and gas leases; award to highest responsible qualified bidder; method of bidding; royalty relief; Congressional consideration of bidding system; notice** (1) The Secretary is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the outer Continental Shelf which are not covered by leases meeting the requirements of subsection (a) of [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim). Such regulations may provide for the deposit of cash bids in an interest-bearing account until the Secretary announces his decision on whether to accept the bids, with the interest earned thereon to be paid to the Treasury as to bids that are accepted and to the unsuccessful bidders as to bids that are rejected. The bidding shall be by sealed bid and, at the discretion of the Secretary, on the basis of— (A) cash bonus bid with a royalty at not less than 12½ percent, but not more than 16⅔ percent, fixed by the Secretary in amount or value of the production saved, removed, or sold; (B) variable royalty bid based on a per centum in amount or value of the production saved, removed, or sold, with either a fixed work commitment based on dollar amount for exploration or a fixed cash bonus as determined by the Secretary, or both; (C) cash bonus bid, or work commitment bid based on a dollar amount for exploration with a fixed cash bonus, and a diminishing or sliding royalty based on such formulae as the Secretary shall determine as equitable to encourage continued production from the lease area as resources diminish, but not less than 12½ percent, but not more than 16⅔ pe

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1337

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1345 — Coordination and consultation with affected State and local governments

**(a) Recommendations regarding size, time, or location of proposed lease sales** Any Governor of any affected State or the executive of any affected local government in such State may submit recommendations to the Secretary regarding the size, timing, or location of a proposed lease sale or with respect to a proposed development and production plan. Prior to submitting recommendations to the Secretary, the executive of any affected local government in any affected State must forward his recommendations to the Governor of such State. **(b) Time for submission of recommendations** Such recommendations shall be submitted within sixty days after notice of such proposed lease sale or after receipt of such development and production plan. **(c) Acceptance or rejection of recommendations** The Secretary shall accept recommendations of the Governor and may accept recommendations of the executive of any affected local government if he determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. For purposes of this subsection, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on the findings, purposes, and policies of this subchapter. The Secretary shall communicate to the Governor, in writing, the reasons for his determination to accept or reject such Governor’s recommendations, or to implement any alternative means identified in consultation with the Governor to provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. **(d) Finality of acceptance or rejection of recommendations** The Secreta

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1345

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1352 — Oil and gas information program

Page 359 TITLE 43—PUBLIC LANDS § 1352 ter 33 (§ 1451 et seq.) of Title 16, Conservation. For com- plete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Ta- bles. § 1352. Oil and gas information program (a) Access to data and information obtained by lessee or permittee from oil or gas explo- ration, etc., data obtained by Federal depart- ment or agency from geological and geo- physical explorations (1)(A) Any lessee or permittee conducting any exploration for, or development or production of, oil or gas pursuant to this subchapter shall provide the Secretary access to all data and in- formation (including processed, analyzed, and interpreted information) obtained from such ac- tivity and shall provide copies of such data and information as the Secretary may request. Such data and information shall be provided in ac- cordance with regulations which the Secretary shall prescribe. (B) If an interpretation provided pursuant to subparagraph (A) of this paragraph is made in good faith by the lessee or permittee, such les- see or permittee shall not be held responsible for any consequence of the use of or reliance upon such interpretation. (C) Whenever any data and information is pro- vided to the Secretary, pursuant to subpara- graph (A) of this paragraph— (i) by a lessee, in the form and manner of processing which is utilized by such lessee in the normal conduct of his business, the Sec- retary shall pay the reasonable cost of repro- ducing such data and information; (ii) by a lessee, in such other form and man- ner of processing as the Secretary may re- quest, the Secretary shall pay the reasonable cost of processing and reproducing such data and information; (iii) by a permittee, in the form and

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1352

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