§ 1352. — Oil and gas information program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1352]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1352. Oil and gas information program
(a) Access to data and information obtained by lessee or permittee from
oil or gas exploration, etc., data obtained by Federal
department or agency from geological and geophysical
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 information
(including processed, analyzed, and interpreted information) obtained
from such activity and shall provide copies of such data and information
as the Secretary may request. Such data and information shall be
provided in accordance 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
lessee 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 provided to the Secretary,
pursuant to subparagraph (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
Secretary shall pay the reasonable cost of reproducing such data and
information;
(ii) by a lessee, in such other form and manner of processing as
the Secretary may request, 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 permittee 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 request, the Secretary shall pay such permittee
the reasonable cost of processing and reproducing such data and
information for the Secretary,
pursuant to such regulations as he may prescribe.
(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 information which may be
necessary or useful to assist him in carrying out the provisions of this
subchapter.
(b) Processing, analyzing, and interpreting information; availability of
summary of data to affected States and local government
(1) Data and information provided to the Secretary 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 subsection (a) of this section is processed,
analyzed, and interpreted, the Secretary shall make available 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 development and production. Such summary
shall include estimates of (A) the oil and gas reserves in areas leased
or to be leased, (B) the size and timing 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
Secretary 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
lessee, or the permittee and all persons to whom such permittee has sold
such information under promise of confidentiality, agree to such
transmittal.
(d) Transmittal of information to affected State; protection of
competitive position
(1) The Secretary shall transmit to any affected State--
(A) an index, and upon request copies of, all relevant actual or
proposed programs, plans, reports, environmental impact statements,
tract nominations (including negative nominations) and other lease
sale information, any similar type of relevant information, and all
modifications and revisions thereof and comments thereon, prepared
or obtained by the Secretary pursuant to this subchapter, but no
information transmitted by the Secretary under this subsection shall
identify any particular 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
subsection (b)(1) of this section, unless the Secretary determines
that transmittal of such data prepared pursuant to subsection (b)(1)
of this section would unduly damage the competitive position of the
lessee or permittee who provided the Secretary with the information
which the Secretary had processed, analyzed, or interpreted; and
(C) any relevant information received by the Secretary pursuant
to subsection (a) of this section, subject to any applicable
requirements as to confidentiality which are set forth in
regulations prescribed under subsection (c) of this section.
(2) Notwithstanding the provisions of any regulation required
pursuant to the second sentence of subsection (c) of this section, the
Governor of any affected State may designate an appropriate State
official to inspect, at a regional location which the Secretary shall
designate, any privileged information received by the Secretary
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 requirements
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 information 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 condition precedent to receiving or being
granted access to such information, to waive the defenses set forth in
subsection (f)(2) of this section, and to hold the United States
harmless from any violations of the regulations prescribed pursuant to
subsection (c) of this section that the State or its employees may
commit.
(f) Civil action against United States or State for failure to maintain
confidentiality of information; certain defenses unavailable
(1) Whenever any employee of the Federal Government or of any State
reveals information in violation of the regulations prescribed pursuant
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 permittee 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 Government or such State, as the case may be.
(2) In any action commenced against the Federal Government or a
State pursuant to paragraph (1) of this subsection, the Federal
Government or such State, as the case may be, may not raise as a defense
(A) any claim of sovereign immunity, 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 provides for public access
to any privileged information received or obtained by any person
pursuant 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 inspection of privileged
information to such State until he finds that such State can and will
comply with such regulations.
(Aug. 7, 1953, ch. 345, Sec. 26, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 664.)
Payment of Processing Costs for Data and Information Acquired;
Permittees Eligible
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided that:
``Notwithstanding any other provision of law, for data and information
acquired in fiscal year 1986 or thereafter, by the Secretary, pursuant
to section 1352(a)(1)(C)(iii) of title 43, United States Code, payment
shall be made for processing costs to permittees with permits issued on
or before September 30, 1985.''
Payment of Costs of Reproducing Data and Information Provided to
Secretary
Pub. L. 99-190, Sec. 101(d) [title I, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 1337, 1345 of this title;
title 42 section 6508.
