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UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF OCEAN ENERGY MANAGEMENT
_____________________________________________
_
(Insert Appropriate Regional Office)
PERMIT FOR GEOLOGICAL PROSPECTING
FOR MINERAL RESOURCES OR SCIENTIFIC RESEARCH
ON THE OUTER CONTINENTAL SHELF RELATED TO
MINERALS OTHER THAN OIL, GAS, AND SULPHUR
In
consideration of the terms and conditions contained herein and the authorization
granted hereby, this permit is entered into by and between the United States of America (the
Government), acting through the Bureau of Ocean Energy Management (BOEM) of the
Department of the Interior, and
__
____________________________________________________________
(Name of Permittee)
__
____________________________________________________________
(Number and Street)
__
____________________________________________________________
(City, State, and Zip Code)
PERMIT NUMBER: ___________________ DATE: ___________________
Th
is permit is made pursuant to the authority of the Outer Continental Shelf Lands Act, as
amended, (43 U.S.C. 1331 et seq.), hereinafter called the “Act,” and Title 30 Code of Federal
Regulations Part 580 (Prospecting for Minerals Other Than Oil, Gas, and Sulphur on the Outer
Continental Shelf).
Paper
work Reduction Act of 1995 (PRA) Statement: This permit refers to information collection
requirements contained in 30 CFR part 580 regulations. The Office of Management and Budget (OMB) has
approved those reporting requirements under OMB control number 1010-0072.
OMB Control No.: 1010-0072
Expiration Date 08/31/2021
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Section I. Authorization
Th
e Government authorizes the permittee to conduct:
__
___ Geological prospecting for mineral resources by means other than a deep stratigraphic test, as defined
in 30 CFR 580.1. This activity utilizes geological and geochemical techniques, including, but not
limited to, gas sniffing, various bottom sampling methods, and shallow test drilling.
__
___ Geological prospecting for mineral resources or scientific research by means of a deep stratigraphic
test, as defined in 30 CFR 580.1, or developing data and information for proprietary use or sale.
This permit authorizes the permittee to conduct the above geological activity during the period from
__
___________________________ to _____________________________ in the following area(s):
__
______________________________________________________________________________.
Extensions of the time period specified above must be requested in writing. A permit plus extensions for
activities other than a deep stratigraphic test will be limited to a period of not more than 3 years from the
original specified issuance date of the permit. The duration of a permit for a deep stratigraphic test must be
controlled in accordance with 30 CFR Parts 251.7 and 551.7. Group participation in test drilling activities,
bonds, inspection and reporting of geological prospecting activities, suspension and cancellation of authority
to conduct prospecting or scientific research activities under permit and penalties, and appeals must be carried
out in accordance with 30 CFR Parts 251.7, 551.7, 580.23 through 580.28, 580.32, and 580.33.
Th
e authority of the Regional Director may be delegated to the appropriate Regional Supervisor for the
purposes of this permit.
Section II. Type(s) of Operations and Technique(s)
A. Th
e permittee will employ the following type(s) of operations:
______________________________________________________________________
_____________________________________________________________________;
and will utilize the following instruments and/or technique(s) in such operations:
______________________________________________________________________
______________________________________________________________________.
B. Th
e permittee will conduct all activities in compliance with the terms and conditions of this permit,
including the “Stipulations,” “Special Provisions,” and the approved “Application for Permit,” which are
attached to and incorporated into this permit.
C. Th
e permittee will conduct all geological prospecting or scientific research activities in compliance with
the Act, the regulations in 30 CFR Part 580, and other applicable statutes and regulations whether such
statutes and regulations are enacted, promulgated, issued, or amended before or after this permit is issued.
Some of the provisions of 30 CFR Part 580 are restated in this permit for emphasis. However, all of the
provisions of 30 CFR Part580 apply to this permit.
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Section III. Reports on Operations
A. Statu
s Reports
1. In t
he Gulf of Mexico and Atlantic OCS Regions:
The
permittee must submit status reports every two months in a manner approved or prescribed by the
Regional Supervisor, Resource Evaluation (here after, except in Section V wherein Supervisor refers to the
Regional Supervisor for Operations, referred to as Supervisor). The report must include
a map of
appropriate scale showing sampling locations,
protraction areas, blocks, and block numbers (if map scale
permits). The map should be a cumulative update for each status report and clearly distinguish between
planned sampling locations (one color) and those locations in which samples have already been collected
(a second color). The map should be submitted in digital format, preferably as a GeoPDF.
2. In t
he Alaska and Pacific OCS Regions:
The p
ermittee must submit status reports on a weekly basis, beginning when the permittee enters
the permit area in a manner approved or prescribed by the Regional Supervisor, Resource
Evaluation (here after, except in Section V wherein Supervisor refers to the Regional Supervisor,
Leasing and Plans, referred to as Supervisor). The report must include
a map of appropriate scale
showing sampling locations, OCS
blocks with OCS block numbers (if map scale permits), and the
OCS boundary or other important boundaries as specified. The map should be a cumulative update
for each status report and clearly distinguish between planned sampling locations (one color) and
those locations in which samples have already been collected (a second color). The map should be
submitted in digital format, preferably as a PDF and an ESRI file gdb-feature class(s) or shape
files of the weekly data collection. All maps must be submitted in NAD 83.
B. The permittee must submit to the Supervisor a Final Report within 30 days after the completion of
operations. The Final Report must contain the following:
1. In the Gulf of Mexico and Atlantic OCS Regions:
i. The permittee must submit to the Supervisor a Final Report within 30 days after the completion
of operations. The Final Report must contain the following:
ii. A brief daily log of operations. A suggested format for the daily log of operations
would include, but is not limited to, a table that provides a date column and an
operations column. Preferably, the date column would commence on the date in which
the vessel begins to transit to the permitted area and end on the date in which the vessel
either transits away from the permitted area or when operations pertinent to the
permitted activity ceases. The corresponding operations column would contain a brief
description of the operations for each day listed in the date column noting activities
such major work stoppages, and other pertinent activities. This may be submitted as a
digital Word document or as an Excel spreadsheet;
iii.
A PDF or, preferably a GeoPDF or shape file depicting the areas and blocks in which any
exploration or scientific research activities were conducted. These graphics must
clearly indicate the location of the activities so that the data produced from the
activities can be accurately located and identified;
iv. The start and finish dates on w
hich the actual geological exploration or scientific
research activities were performed;
v. A narrative summary of any: (a) hydrocarbon slick or environmental
hazards observed
and
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adverse effects of the geological exploration or scientific research activities on the
environment, aquatic life, archaeological resources, or other uses of the area in which the
activities were conducted;
vi. The estimated
date on which the processed or analyzed data or information will
be available for inspection by BOEM;
vii.
A CD or DVD containing all of the data or sample locations in latitude/longitude degrees
(and/or x,y coordinates). The data should also be submitted as an ESRI shapefile(s) illustrating
the location of all Geological data collection;
viii. Identification of geocentric ellipsoid (NAD 27 or NAD 83) used as a reference for the
data or sample locations; and
ix. Such other descriptions of the activities conducted as may be specified by the
Supervisor.
2. In the Alaska and Pacific OCS Regions:
i. A brief description of the work performed including number of samples acquired as well
as coring, drilling, and sampling methods including depth of penetration;
ii. A brief summary of operations that provides, but is not limited to, the name of the
survey, the date, the number of samples collected each day, and a discussion of any
operational or environmental issues that occurred (e.g., major work stoppages, no data
acquired, safety incidents, protected species mitigation actions, and other pertinent
activities). Provide the date for the start of operations and the end date when operations
pertinent to the permitted activity are completed.
iii. A PDF map(s) and a geodatabase file(s) or shape file(s) depicting the areas and OCS
blocks in which any exploration or scientific research activities were conducted. These
graphics must clearly indicate the location of the activities so that the data produced
from the activities can be accurately located and identified;
iv. The start and finish dates on which the actual geological exploration or scientific
research activities were performed;
v. A narrative summary of any: (a) hydrocarbon slicks or environmental
hazards observed,
and (b)
adverse effects of the geological exploration or scientific research activities on
the environment, aquatic life, archaeological resources, or other uses of the area in
which the activities were conducted;
vi. The estimated date on which the processed or analyzed data or information will be
available for inspection by BOEM;
vii. A CD or DVD of a single, final edited navigational data file, coded in ASCII,
containing all of the data or sample locations in latitude/longitude degrees (and/or x, y
coordinates). The data should also be submitted as an ESRI file gdb-feature class(s)
or shape file(s) illustrating the location of all Geological data collection.
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viii. Identification of geocentric ellipsoid, which in the Alaska and Pacific Regions must be
NAD 83, used as a reference for the data or sample locations; and
ix. Such other descriptions of the activities conducted as may be specified by the
Supervisor.
Section IV. Permit or Notice Requirements for Shallow Test Drilling
Bef
ore any shallow test drilling begins for prospecting for mineral resources or for scientific research, the
Supervisor may require for permits, or recommend for notices, the gathering and submission of geophysical
data and information sufficient to determine shallow structural detail across and in the vicinity of the proposed
test. Data and information may include, but are not limited to, seismic, bathymetric, side-scan sonar, and
magnetometer systems, across and in the vicinity of the proposed test. When required, 30 CFR Parts 251.7
and 551.7 will apply to permits issued for shallow test drilling. All Outer Continental Shelf (OCS) BSEE
regulations relating to drilling operations in 30 CFR Part 250 apply, as appropriate, to drilling activities
authorized under this section.
Section V. Permit Requirements for a Deep Stratigraphic Test
A. No dee
p stratigraphic test drilling activities may be initiated or conducted until a Drilling Plan is
submitted to the Regional Supervisor, Leasing and Plans; in the Pacific, submit to the BOEM
Regional Director; and an Application for Permit to Drill is submitted by the applicant and approved
by the BSEE Regional Director (BSEE-RD); in Alaska, submit to the BSEE Alaska Regional
Director; in the Pacific, submit to the BSEE Pacific Regional Director. The Drilling Plan must
include:
1. T
he proposed type of sequence of drilling activities to be undertaken together with a timetable for
their performance from commencement to completion;
2. A
description of the drilling rig proposed for use, unless a description has been previously submitted
to the Supervisor, indicating the important features thereof, with special attention to safety features
and pollution prevention and control features, including oil spill containment and cleanup plans and
onshore disposal procedures;
3. T
he location of deep stratigraphic test to be conducted, including the surface and projected
bottomhole location of the borehole;
4. T
he types of geological and geophysical instrumentation to be used for site surveys;
5. G
eophysical data and information sufficient to evaluate seafloor characteristics, shallow geologic and
man-made hazards, and structural detail across and in the vicinity of the proposed test to the total
depth of the proposed test well. Data and information from side-scan sonar and magnetometer
surveys must be submitted as required, at the option of the Supervisor; and
6. S
uch other relevant data and information as the Supervisor may require.
B. At th
e same time the applicant submits a Drilling Plan to the Supervisor, an Environmental Report must
be submitted. The report must be in summary form and should include information available at the time
the related Drilling Plan is submitted. Data and information which are site-specific, or which are
developed subsequent to the most recent Environmental Impact Statement or other environmental
analyses in the immediate area, must be specifically considered. The applicant must summarize and
provide references for data, information, and issues specific to the site of drilling activity in the related
plan, and in other environmental reports, analyses, and impact statements prepared for the geographic
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area. Any material based on proprietary data which is not itself available for inspection should not be
referenced. The Environmental Report must include the following:
1. (a
) A list and description of new or unusual technologies that are to be used, (b) the location of travel
routes for supplies and personnel, (c) the kinds and approximate levels of energy sources to be used,
(d) the environmental monitoring systems that are to be used, and (e) suitable maps and diagrams
showing details of the proposed project layout;
2. A
narrative description of the existing environment. This section must include the following
information on the area: (a) geology, (b) physical oceanography, (c) other uses of the area, (d) flora
and fauna, (e) existing environmental monitoring systems, and (f) other unusual or unique
characteristics which may affect or be affected by the drilling activities;
3. A
narrative description of the probable impacts of the proposed action on the environment and the
measures proposed for mitigating these impacts;
4. A
narrative description of any unavoidable or irreversible adverse effects on the environment that
could be expected to occur as a result of the proposed action; and
5. S
uch other relevant data and information as the Supervisor may require.
C. An
y revisions to an approved Drilling Plan must be approved by the Supervisor.
D. All
OCS BSEE regulations relating to drilling operations in 30 CFR Part 250 apply, as appropriate, to
drilling activities authorized under this Permit.
E. A
t the completion of the test activities, the borehole of all deep stratigraphic tests must be permanently
plugged and abandoned by the permittee prior to moving the rig off location in accordance with the
requirements of the BSEE regulations in 30 CFR Part 250.
Section VI. Submission, Inspection, and Selection of Geological Data and Information
A. Th
e permittee must notify the Supervisor, in writing, when the permittee has completed the initial
analysis, processing, or interpretation of any geological data and information collected under a
prospecting permit or a scientific research permit that involves developing data and information for
proprietary use or sale. If the Supervisor asks if the permittee has further analyzed, processed, or
interpreted any geological data and information collected under a permit, the permittee must respond
within 30 days. If the data or information are further analyzed or reprocessed, it is the responsibility of
the permittee to keep the most current resulting products available in the event the Supervisor requests the
current status of data analysis or processing. At any time within 10 years after receiving notification of
the completion of the acquisition activities conducted under the permit, the Supervisor may request that
the permittee submit for inspection and possible retention all or part of the geological data, analyzed
geological information, processed geological information, and interpreted geological information.
B. In
the event that a third party obtains geological data, analyzed geological information, processed
geological information, or interpreted geological information from a permittee or from another third party
by sale, trade, license agreement, or other means:
1. T
he third party recipient of the data and information assumes the obligations under this section,
except for notification of initial analysis, processing, and interpretation of the data and information,
and is subject to the penalty provisions of 30 CFR Part 550, Subpart N; and
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2. A permittee or third party that sells, trades, licenses, or otherwise provides the data and information
must advise the recipient, in writing, that accepting these obligations is a condition precedent of the
sale, trade, license, or other agreement; and
3. E
xcept for license agreements, a permittee or third party that sells, trades, or otherwise provides data
and information to a third party, must advise the Supervisor in writing within 30 days of the sale,
trade, or other agreement, including the identity of the recipient of the data and information; or
4. W
ith regard to license agreements, a permittee or third party that licenses data and information to a
third party, within 30 days of a request by the Supervisor, must advise the Supervisor, in writing, of
the license agreement, including the identity of the recipient of the data and information.
C. Ea
ch submission of geological data, analyzed geological information, processed geological information,
and interpreted geological information must contain, unless otherwise specified by the Supervisor, the
following:
1. A
n accurate and complete record of geological (including geochemical) data, analyzed geological
information, processed geological information, and interpreted geological information resulting from
each operation;
2. Paleontological reports identifying microscopic fossils by depth, and/or washed samples of drill
cuttings normally maintained by the permittee for paleontological determination and are made
available upon request by the Supervisor. In addition, any other samples or cores requested by the
Supervisor are made available on request;
3. Copies of well logs and charts: one paper copy, one copy on a reproducible stable base, and copies of
composite digital well logs on magnetic tape or other suitable medium in a format approved by the
Supervisor;
4. D
ata and results obtained from formation fluid test;
5. A
nalyses of core or bottom samples or a representative cut or split of the core or bottom sample;
6. D
etailed descriptions of any hydrocarbons or hazardous conditions encountered during operations,
including near losses of well-control, abnormal geopressure, and losses of circulation; and
7. S
uch other geological data, analyzed geological information, processed geological information, and
interpreted geological information as may be specified by the Supervisor.
Section VII. Reimbursement to Permittees
A. Afte
r the delivery of geological data, analyzed geological information, processed geological information,
and interpreted geological information requested by the Supervisor in accordance with subsection VI of
this permit, and upon receipt of a request for reimbursement and a determination by BOEM that the
requested reimbursement is proper, BOEM will reimburse the permittee or third party for the reasonable
costs of reproducing the submitted data and information at the permittee's or third party’s lowest rate or at
the lowest commercial rate established in the area, whichever is less.
B. Th
e permittee or third party will not be reimbursed for the costs of acquiring, analyzing, or interpreting
geological information.
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Section VIII. Disclosure of Data and Information to the Public
A. BOE
M will make data and information submitted by a permittee available in accordance with the
requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552) and the
implementing regulations (43 CFR Part 2), the requirements of the Act, and the regulations contained in
30 CFR Parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf), 30 CFR
Part 580, and 30 CFR Parts 252 and 552 (Outer Continental Shelf (OCS) Oil and Gas Information
Program).
B. E
xcept as specified in this section, or Section X, or in 30 CFR Parts 250, 252, 550, 552, and 580 no data
or information determined by BOEM to be exempt from public disclosure under subsection A of this
section will be provided to any affected State or be made available to the executive of any affected local
government or to the public unless the permittee or third party and all persons to whom such permittee
has sold, traded, or licensed the data or information under promise of confidentiality agree to such an
action.
C. Geological data, analyzed geological information, processed geological information, and interpreted
geological information submitted under a permit, and retained by BOEM will be disclosed as follows:
1
. The Director, BOEM, will immediately issue a public announcement when any significant hydrocarbon
and/or mineral occurrences are detected or environmental hazards are encountered on unleased land
s
during drilling operations. In the case of significant hydrocarbon occurrences, the Director will
a
nnounce such occurrences in a form and manner that will further the national interest without unduly
damaging the competitive position of those conducting the drilling. Other data and information
pertaining to the permit will be released according to the schedule provided in subsection D and
paragraphs 2 and 3 of this subsection.
2
. BOEM will make available to the public all processed geological data, analyzed geological information,
processed geological information, and interpreted geological information (except geological data,
analyzed geological information, processed geological information, and interpreted geological information
obtained from drilling a deep stratigraphic test) 10 years after the date of issuance of the permit unde
r
which the data and information were obtained; and
3
. BOEM will make available to the public all geological data and information related to a deep
stratigraphic test at the earlier of the following times: (a) 25 years after the completion of the test, o
r
(
b)
f
or a lease sale held after the test well is completed, 60 calendar days after the Department of th
e
Interior executes the first lease for a block, any part of which is within 50 geographic miles
(
92.6 kilometers) of the site of the completed test.
D. A
ll other information submitted as a requirement of 30 CFR 280.41 and determined by BOEM to be exempt
from public disclosure will be considered as “PROPRIETARY.” Such data and information will not be made
available to the public without the consent of the permittee for a period of 10 years from the date of issuance
of the permit; unless the Director, BOEM, determines that earlier release is necessary for the proper
development of the area permitted. The executed permit will be considered as “NONPROPRIETARY” and
will be available to the public upon request.
E. The identities of third party recipients of data and information collected under a permit will be kept
c
onfidential. The identities will not be released unless the permittee and the third parties agree to the
disclosure.
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Section IX. Disclosure to Independent Contractors
BOEM re
serves the right to disclose any data or information acquired from a permittee to an independent
contractor or agent for the purpose of reproducing, analyzing, processing, or interpreting such data or
information. When practicable, BOEM will advise the permittee who provided the data or information of
intent to disclose the data or information to an independent contractor or agent. The BOEM’s notice of intent
will afford the permittee a period of not less than 5 working days within which to comment on the intended
action. When BOEM so advises a permittee of the intent to disclose data or information to an independent
contractor or agent, all other owners of such data or information will be deemed to have been notified of the
BOEM's intent. Prior to any such disclosure, the contractor or agent will be required to execute a written
commitment not to sell, trade, license, or disclose any data or information to anyone without the express
consent of BOEM.
Section X. Sharing of Information with Affected States
A. BOEM w
ill make proprietary data, information, and samples submitted to BOEM by permittees to
adjacent State(s) upon request by the Governor(s) in accordance with the following:
1. T
he person who submitted the data and information will be notified and will have at least 5 working
days to comment on the action;
2. R
egional Director advises the person who submitted the data and information, all other owners of the
data or information will be considered to have been so notified; and
3. Before disclosure, the Governor must sign a written commitment not to sell, trade, license, or disclose
data or information to anyone without the Regional Director’s consent.
B. Dis
closure will occur only after the Governor and the Secretary have entered into an agreement providing
that:
1. T
he confidentiality of the information shall be maintained;
2. I
n any action commenced against the Federal Government or the State for the failure to protect the
confidentiality of proprietary information, the Federal Government or the States, 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. T
he 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 and information and
samples; and
4. T
he materials containing the proprietary data, information, and samples will remain the property of
the United States.
C. Th
e data, information, and samples available to the State(s) pursuant to an agreement will be related to
leased lands.
D. Th
e materials containing the proprietary data, information, and samples must be returned to BOEM when
they are no longer needed by the State or when requested by the Director.
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E. Information received and knowledge gained by a State official under paragraph (d) of this section is
subject to applicable confidentiality requirements of:
1
. The Act; and
2. The regulations at 30 CFR Parts 580, 581, 582.
Section XI. Fishermen's Contingency Fund
F
or deep stratigraphic test drilling activities as described under Section V of this permit, the permittee must
meet the requirements of establishing an account with the Fishermen's Contingency Fund for the drilling
activities area pursuant to Title IV [Subsection 402(b)] of the Act and pay assessment as required in 50 CFR
296.3 (Chapter 11 - National Marine Fisheries Service; Subchapter J - Continental Shelf). The amount of the
assessment is specified by the Secretary of Commerce, collected by the Director, BOEM, and deposited in the
fund to be appropriate account.
Section XII. Permit Modifications
T
he Department will have the right at any time to modify or amend any provisions of this permit, except that
the Department will not have such right with respect to the provisions of Sections VIII, IX, and X hereof,
unless required by an Act of Congress.
I
N WITNESS WHEREOF the parties have executed this permit and it will be effective as of the date of
signature by the Regional Supervisor.
PERM
ITTEE: THE UNITED STATES OF AMERICA:
____________________________________ ______________________________________
(Signature of Permittee) (Signature of Regional Supervisor)
_
___________________________________ ______________________________________
(Type or Print Name of Permittee) (Type or Print Name of Regional Supervisor)
_
___________________________________ ______________________________________
(Title) (Date)
_
___________________________________
(Date)