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 manner of processing which is utilized by such per- mittee 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 re- quest, the Secretary shall pay such permittee the reasonable cost of processing and repro- ducing such data and information for the Sec- retary, pursuant to such regulations as he may pre- scribe. (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, and any other informa- tion which may be necessary or useful to assist him in carrying out the provisions of this sub- chapter. (b) Processing, analyzing, and interpreting infor- mation; availability of summary of data to af- fected States and local government (1) Data and information provided to the Sec- retary 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 sub- section (a) of this section is processed, analyzed, and interpreted, the Secretary shall make avail- able 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 develop- ment and production. Such summary shall in- clude estimates of (A) the oil and gas reserves in areas leased or to be leased, (B) the size and tim- ing 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 Sec- retary 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 les- see, or the permittee and all persons to whom such permittee has sold such information under promise of confidentiality, agree to such trans- mittal. (d) Transmittal of information to affected State; protection of competitive position (1) The Secretary shall transmit to any af- fected State— (A) an index, and upon request copies of, all relevant actual or proposed programs, plans, reports, environmental impact statements, tract nominations (including negative nomi- nations) and other lease sale information, any similar type of relevant information, and all modifications and revisions thereof and com- ments thereon, prepared or obtained by the Secretary pursuant to this subchapter, but no information transmitted by the Secretary under this subsection shall identify any par- ticular 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 com- petitive position of the lessee or permittee who provided the Secretary with the informa- tion which the Secretary had processed, ana- lyzed, or interpreted; and (C) any relevant information received by the Secretary pursuant to subsection (a) of this section, subject to any applicable require- ments as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. (2) Notwithstanding the provisions of any reg- ulation required pursuant to the second sen- Page 360 TITLE 43—PUBLIC LANDS § 1353 tence of subsection (c) of this section, the Gov- ernor of any affected State may designate an ap- propriate State official to inspect, at a regional location which the Secretary shall designate, any privileged information received by the Sec- retary 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 require- ments 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 informa- tion 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 con- dition precedent to receiving or being granted access to such information, to waive the de- fenses set forth in subsection (f)(2) of this sec- tion, and to hold the United States harmless from any violations of the regulations pre- scribed 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 infor- mation; certain defenses unavailable (1) Whenever any employee of the Federal Government or of any State reveals information in violation of the regulations prescribed pursu- ant 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 per- mittee 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 Govern- ment or such State, as the case may be. (2) In any action commenced against the Fed- eral Government or a State pursuant to para- graph (1) of this subsection, the Federal Govern- ment or such State, as the case may be, may not raise as a defense (A) any claim of sovereign im- munity, 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 pro- vides for public access to any privileged infor- mation received or obtained by any person pur- suant 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 in- spection of privileged information to such State until he finds that such State can and will com- ply with such regulations. (Aug. 7, 1953, ch. 345, § 26, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 664.) Statutory Notes and Related Subsidiaries PAYMENT OF PROCESSING COSTS FOR DATA AND INFORMATION ACQUIRED; PERMITTEES ELIGIBLE Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 732, pro- vided that: ‘‘Notwithstanding any other provision of law, for data and information acquired in fiscal year 1986 or thereafter, by the Secretary, pursuant to sec- tion 1352(a)(1)(C)(iii) of title 43, United States Code, payment shall be made for processing costs to permit- tees with permits issued on or before September 30, 1985.’’ PAYMENT OF COSTS OF REPRODUCING DATA AND INFORMATION PROVIDED TO SECRETARY Pub. L. 99–190, § 101(d) [title I, § 100], Dec. 19, 1985, 99 Stat. 1224, 1232, provided: ‘‘That notwithstanding any other provision of law, when in fiscal year 1986 and thereafter any permittee provides data and information to the Secretary pursuant to section 1352(a)(1)(C)(iii) of title 43, United States Code, the Secretary shall pay only the reasonable cost of reproducing such data and information.’’ § 1353. Federal purchase and disposition of oil and gas (a) Payment of royalties or net profit shares in oil and gas; purchase of oil and gas by United States; transfer of title to Federal agencies (1) Except as may be necessary to comply with the provisions of sections 1335 and 1336 of this title, all royalties or net profit shares, or both, accruing to the United States under any oil and gas lease issued or maintained in accordance with this subchapter, shall, on demand of the Secretary, be paid in oil or gas. (2) The United States shall have the right to purchase not to exceed 162⁄3 per centum by vol- ume of the oil and gas produced pursuant to a lease issued or maintained in accordance with this subchapter, at the regulated price, or, if no regulated price applies, at the fair market value at the well head of the oil and gas saved, re- moved, or sold, except that any oil or gas ob- tained by the United States as royalty or net profit share shall be credited against the amount that may be purchased under this sub- section. (3) Title to any royalty, net profit share, or purchased oil or gas may be transferred, upon request, by the Secretary to the Secretary of Defense, to the Administrator of the General Services Administration, or to the Secretary of Energy, for disposal within the Federal Govern- ment. (b) Sale of oil by United States to public; disposi- tion of oil to small refiners; application of other laws (1) The Secretary, except as provided in this subsection, may offer to the public and sell by competitive bidding for not more than its regu- lated price, or, if no regulated price applies, not less than its fair market value, any part of the oil (A) obtained by the United States pursuant to any lease as royalty or net profit share, or (B) purchased by the United States pursuant to sub- section (a)(2) of this section. (2) Whenever, after consultation with the Sec- retary of Energy, the Secretary determines that