Revisions of prospecting regulations for minerals other than oil, gas, and sulphur on the outer continental shelf

The Outer Continental Shelf Lands Act (OCSLA) is the basis for the Minerals Management Service (MMS) regulations governing geologic and geophysical prelease prospecting and scientific research activities on the Outer Continental Shelf (OCS). Areas within the Exclusive Economic Zone (EEZ) are subject to U.S. jurisdiction by Presidential Proclamation. The Secretary of the Interior has authority under the Act to allow any person to conduct geologic and geophysical activities as long as such activities do not interfere with or endanger operations under a lease covered by the Act and they are not unduly harmful to aquatic life. The proposed revisions to the regulations at 30 Code of Federal Regulations (CFR) Part 280 for minerals other than oil, gas, and sulphur: (1) specify how to conduct geological and geophysical prospecting and research under a permit; (2) require everyone conducting geologic and geophysical research without a permit to file a notice; (3) inform small operators of environmental laws and regulations for safe and sound practices; and (4) rewrite the proposed rule in “Plain English.” The prospecting regulations are being revised to parallel the regulations at 30 CFR Part 251 for geologic and geophysical exploration for oil, gas, and sulphur, which were updated and took effect on January 23, 1998. Other issues that are addressed include clarification of obligations when data and information collected under a permit are obtained by third parties; the establishment of uniform proprietary terms for geological information, and; addition of appropriate language with regard to reimbursement and Coastal Zone Consistency Review. The proposed rule appeared in the December 8, 1999 Federal Register (F.R.) with comments due by February 7, 2000. No date has been set to issue the final rule