FORM BOEM-0135 (August 2018) Page 1 of 10
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UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF OCEAN ENERGY MANAGEMENT
___________________________
___________________
(Insert Appropriate Regional Office)
PERMIT FOR GEOPHYSICAL 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 issued 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).
Paperwork 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
FORM BOEM-0135 (August 2018) Page 2 of 10
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Section I. Authorization
T
he Government authorizes the permittee to conduct:
_____ Geophysical prospecting for mineral resources as defined in 30 CFR 580.1.
_____ G
eophysical scientific research as defined in 30 CFR 580.1. A permit is required for any geophysical
investigation that involves the use of solid or liquid explosives or developing data and information for
proprietary use or sale.
T
his permit authorizes the permittee to conduct the above geophysical activity during the period from
_______
______________________ to _____________________________ in the following area(s):
_________
_______________________________________________________________________.
The permittee shall not conduct any geophysical operation (i.e., active sound source(s)) outside of the
permitted area specified herein even if no data is collected or obtained from such operations. Geophysical
operations shall not be conducted “in-transit” to the permitted area and may only proceed once the survey
vessel enters the permitted area. (This restriction does not apply to Alaska.)
E
xtensions of the time period specified above must be requested in writing. A permit plus extensions for activities
will be limited to a period of not more than 3 years from the original issuance date of the permit. Inspection and
reporting of geophysical exploration activities, suspension and cancellation of authority to conduct exploration or
scientific research activities under permit, and penalties and appeals will be carried out in accordance with 30 CFR
580.23 through 580.28, 580.32, and 580.33.
T
he authority of the Regional Director may be delegated to the Regional Supervisor for Resource Evaluation for
the purposes of this permit.
Section II. Type(s) of Operations and Technique(s)
A. The permittee will employ the following type(s) of operations:
______________________________________________________________________
_____________________________________________________________________;
and will utilize the following instruments and/or technique(s) in such operations:
______________________________________________________________________
______________________________________________________________________.
B. T
he permittee will conduct all activities in compliance with the terms and conditions of this permit, includin
g
t
he “Stipulations,” “Environmental Protective Provisions,” and the approved “Application for Permit,” whic
h
a
re attached to and incorporated into this permit.
C. T
he permittee will conduct all geophysical exploration or scientific research activities in compliance with th
e
A
ct, 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 Part 580 apply to this permit.
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Section III. Reports on Operations
A. St
atus Reports
1. In
the Gulf of Mexico and Atlantic OCS Regions:
T
he permittee must submit status reports every two months in a manner approved or prescribed by the
Regional Supervisor, Resource Evaluation (here after referred to as
Supervisor). The report must include
a map of appropriate scale showing traverse lines,
protraction areas, blocks, and block numbers (if map
scale permits). The map should be a cumulative update for each status report and clearly illustrate th
e
p
lanned traverse lines (one color) and the portion of those traverse lines in which data acquisition has
been completed to date (a second color). Please indicate the cumulative total line miles (2D) or block
s
(
3D) of data acquired. The map should be submitted in digital format preferably as a GeoPDF.
2. I
n the Alaska and Pacific OCS Regions:
The permittee must submit status reports weekly in a manner approved or prescribed by the Regional
Supervisor, Resource Evaluation (here after referred to as
Supervisor). The report must include a map of
appropriate scale showing the location and extent of acquired lines of 2D data or traverse lines for 3D
data and the 3-mile limit when data collection is adjacent to the OCS boundary or other important
boundaries as specified by BOEM
. The map should be a cumulative update for each status report an
d
c
learly illustrate the planned lines (one color) and the portion of those lines in which data acquisition has
been completed to date (a second color). The report must show the activity of the source vessel (ie, no
sei
smic activity, time and location when a mitigation gun is on, ramp-up, and full acquisition mode)
.
P
rotected Species Observer (PSO) reports must also be included. Please indicate the cumulative total lin
e
m
iles (2D) or square miles (3D) of data acquired. The map should be submitted in digital format as a
PDF and ESRI file gdb-feature class(s) or shape files.
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. T
he total number of 2D line miles or OCS blocks of geophysical data acquired as well as th
e
“t
ypical” or average sail miles per block for the survey;
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 the name of the survey, a date column, a column for
number of line miles or blocks collected each day, and an operations column. Preferably, the date
column would commence on the date in which the vessel begins to transit to the permitted are
a
a
nd end on the date in which the vessel either transits away from the permitted area or whe
n
operations pertinent to the permitted activity are completed. The corresponding operations
column would contain a brief description of the operations for each day listed in the date colum
n
n
oting activities such as the major work stoppages, no data acquired, and other pertinent
activities. This may be submitted as a digital Word document or as an Excel spreadsheet;
ii
i. A PDF or, preferably, a GeoPDF or shape file indicating the areal extent of the data actually
acquired;
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iv. The start and finish dates on which the actual geophysical exploration or scientific research
activities were performed;
v. A n
arrative summary of any: (a) hydrocarbon slicks or environmental hazards observed and (b)
adverse effects of the geophysical 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 interpreted data or information will be available for
inspection by BOEM;
vii. A CD or DVD containing a single, final edited navigational data file. Shot point locations
should be provided in both latitude/longitude degrees and in x, y coordinates. The single
navigational file should be in either SEG-P1 or UKOOA P190 format for either two-
dimensional or three-dimensional geophysical data. Two-dimensional data should be decimate
d
t
o the first, last, and every tenth shot point. Three-dimensional data should be decimated at
every line and first and last CDP. A single ESRI shape file containing navigational data and one
s
hape file with post-plot locations of any geophysical equipment on the seafloor (i.e., ocea
n
bot
tom nodes, CSEM, etc.) should also be submitted if applicable;
v
iii.
I
dentification of geocentric ellipsoid (NAD 27 or NAD 83) used as a reference for the data or
sample locations; and
ix. S
uch other descriptions of the activities conducted as may be specified by the Supervisor.
2. I
n the Alaska and Pacific OCS Regions:
i
. The total number of 2D line miles or square miles for 3D surveys and the number of OCS block
s
of
geophysical data acquired, as well as total number of traverse miles for the survey;
ii.
A weekly report
.
iii. Chart(s), map(s), or plat(s) depicting the areas and blocks in which any exploration or scientific
research activities were conducted. These graphics must clearly indicate the location of the activiti
es
so
that the data produced from the activities can be accurately located and identified;
i
v
. T
he start and finish dates on which the actual geophysical exploration or scientific research
activities were performed;
v.
A narrative summary of any: (a) hydrocarbon slicks or environmental hazards observed, (b)
adverse effects of the geophysical exploration or scientific research activities on the environment,
aquatic life, archaeological resources, or other uses of the area in which the activities were
conducted, and (c) safety incidents;
vi. The estimated date on which the processed or interpreted data or information will be available for
inspection by BOEM;
v
ii.
A
final edited navigation file on suitable storage medium of all data or sample locations in
latitude/longitude degrees including datum used. The navigation for 2D lines should include
line name and location for the first, last, and every tenth SP. For 3D surveys, please submit a
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navigation file for the acquired track lines that includes the location of the first and last SP
and/or the corner locations for the area acquired. Contact the G&G permitting office for the
specific navigation required for this permitted activity. The digital file is to be formatted in
standard SEG-P1, UKOOA P1-90 or other current, standard industry format, coded in ASCII.
A printed data listing and a format statement are to be included;
viii. Identification of geocentric ellipsoid (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.
C. The Final Report is a stand-alone document containing all the pertinent information
regarding the permit.
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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;
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2. A
ll seismic data developed under a permit presented in a format and of a quality suitable for processing;
3. P
rocessed geophysical information derived from seismic data with extraneous signals and interferen
ce
r
emoved, presented in a format and of a quality suitable for interpretive evaluation, reflecting state-of-the-
art processing techniques; and
4. Other geophysical data, processed geophysical information, and interpreted geophysical information
obtained from, but not limited to, shallow and deep subbottom profiles, bathymetry, side-scan sonar
,
g
ravity, magnetic, and electrical surveys, and special studies such as refraction, shear wave, and velocity
surveys.
Section V. Reimbursement to Permittees
A. A
fter the delivery of geophysical data, processed geophysical information, and interpreted geophysical
information requested by the Supervisor in accordance with subsection IV 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
i
nformation at the permittee's or third party's lowest rate or at the lowest commercial rate established in th
e
ar
ea, whichever is less.
B. I
f the processing was in a form and manner other than that used in the normal conduct of the permittee's
business at BOEMs request, BOEM will reimburse the permittee or third party for the reasonable costs of
processing or reprocessing such data. Requests for reimbursement must identify processing costs separate
from acquisition costs.
C. The permittee or third party will not be reimbursed for the costs of acquiring or interpreting geophysical
information.
D. D
ata and information required under section IV.D.1. of this permit are not considered to be geophysical data
or processed geophysical information and must be provided by the permittee at no cost to the Government.
Section VI. Disclosure of Data and Information to the Public
A. The BOEM will make data and information submitted by a permittee available in accordance with the
r
equirements 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
CF
R Parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf), 30 CFR Parts
252 and 552 (Outer Continental Shelf (OCS) Oil and Gas Information Program) and 30 CFR Part 580.
B. E
xcept as specified in this section, or Section VIII, or in 30 CFR Parts 250, 252, 550, and 552, 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.
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C. G
eophysical data and processed or interpreted geophysical information submitted under a permit, and retaine
d
b
y BOEM, will be disclosed as follows:
1. E
xcept for deep stratigraphic tests, the BOEM will make available to the public geophysical data 50 year
s
af
ter the date on which the data are submitted.
2. Except for deep stratigraphic tests, the BOEM will make available to the public processed geophysical
information and interpreted geophysical information 25 years after the date on which the information is
submitted. It is the policy of BOEM that the “date of submission” of geophysical data or informati
on
obt
ained under geophysical permits will be the date that the BOEM contracting officer or his/her
representative signs the contract/delivery order or purchase order to reimburse the permittee for
reproduction and, if appropriate, processing of the geophysical information. In the absence of a contract
,
de
livery order, or purchase order, the date of receipt by BOEM is the date of submission.
3. B
OEM will make available to the public all geophysical data and information and geophysical
interpretations related to a deep stratigraphic test, at the earlier of the following times: (a) 25 years after
the completion of the test, or (b) for a lease sale held after the test well is completed, 60 calendar day
s
after the Department of the 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. All line-specific preplot or postplot plat(s), and navigation tapes, including but not limited to seismic survey
traverses and shotpoint locations, submitted as a requirement of 30 CFR 580.12 or 580.51, will be considere
d
a
s “PROPRIETARY INFORMATION.” Such information will not be made available to the public withou
t
t
he consent of the permittee for a period of 25 years from the date of issuance of the permit, unless th
e
Director, BOEM, determines that earlier release is necessary for the proper development of the area permitted.
E. A
ll other information submitted as a requirement of 30 CFR 580.24 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 up to 25 years from the date of
issuance of the permit as addressed in 30 CFR 580.71, unless the Director, BOEM, determines that earlier
release is necessary for the proper development of the area permitted. The executed permit will be considere
d
as “PROPRIETARY” except the public information copy which will be available to the public upon request.
F. T
he identities of third party recipients of data and information collected under a permit will be kep
t
co
nfidential. The identities will not be released unless the permittee and the third parties agree to th
e
di
sclosure.
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Section VIl. Disclosure to Independent Contractors
BOEM reserves the right to disclose any data or information acquired from a permittee to an independent
contractor or agent for the purpose of reproducing, processing, reprocessing, 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. BOEMs 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 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 VIII. Sharing of Information with Affected States
A. BOE
M will 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. The person who submitted the data and information will be notified and will have at least 5 working days
to comment on the action;
2. When the Regional 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. Be
fore 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. Di
sclosure will occur only after the Governor and the Secretary have entered into an agreement providing
that:
1. The
confidentiality of the information shall be maintained;
2. In 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. Th
e 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. Th
e 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. The
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
ap
plicable confidentiality requirements of:
1. T
he Act; and
2. T
he regulations at 30 CFR Parts 580, 581, 582.
Section IX. 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 VI, VII, and VIII 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.
PER
MITTEE: 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)