FORM BOEM-0135 (August 2018) Page 6 of 10
Previous Editions are Obsolete.
Section IV. Submission, Inspection, and Selection of Geophysical Data and Information
A. The
permittee must notify the Supervisor, in writing, when the permittee has completed the initial processing
and interpretation of any geophysical 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 processed or interpreted any geophysical data and information
collected under a permit, the permittee must respond within 30 days. If further processing of the data and
information is conducted, 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 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
geophysical data, processed geophysical information, and interpreted geophysical information.
B. Th
e Supervisor will have the right to inspect and select the geophysical data, processed geophysical
information, or interpreted geophysical information. This inspection will be performed on the permittee's
premises unless the Supervisor requests that the permittee submit the data or information to the Supervisor for
inspection. Such submission must be within 30 days following the receipt of the Supervisor's request unless
the Supervisor authorizes a later delivery date. If the inspection is done on the permittee's premises, the
permittee must submit the geophysical data or information selected within 30 days following receipt of the
Supervisor's request, unless the Supervisor authorizes a longer period of time for delivery. The data or
information requested for inspection or selected by the Supervisor must be submitted regardless of whether
the permittee and the Government have or have not concluded an agreement for reimbursement. If the
Supervisor decides to retain all or a portion of the geophysical data or information, the Supervisor will notify
the permittee, in writing, of this decision.
C. In t
he event that a third party obtains geophysical data, processed geophysical information, or interpreted
geophysical information from a permittee, or from another third party, by sale, trade, license agreement, or
other means:
1. The third party recipient of the data and information assumes the obligations under this section except for
notification of initial processing and interpretation of the data and information and is subject to the penalty
provisions of 30 CFR Part 550, Subpart N as administered by the Bureau of Safety and Environmental
Enforcement (BSEE); and
2. A p
ermittee or third party that sells, trades, licenses, or otherwise provides the data and information to a
third party must advise the recipient, in writing, that accepting these obligations is a condition precedent
of the sale, trade, license, or other agreement; and
3. Ex
cept 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. Wit
h 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.
D. Each
submission of geophysical data, processed geophysical information, and interpreted geophysical
information must contain, unless otherwise specified by the Supervisor, the following:
1. An a
ccurate and complete record of each geophysical survey conducted under the permit, including digital
navigational data and final location maps of all surveys;