chargeable. Such bids shall be disqualified and rejected.

(c) No person may submit any bid during the applicable six-month bidding period pursuant to any agreement, the terms of which would result in two or more persons, each chargeable for the prior production period with an average daily production in excess of 1.6 million barrels of crude oil, natural gas equivalents, and liquefied petroleum products, acquiring or holding any interest in the tract for which the bid is submitted. Such bids shall be disqualified and rejected.

PART 270-NONDISCRIMINATION IN THE OUTER CONTINENTAL SHELF

Sec.

270.1 Purpose.

270.2 Application of this part. 270.3 Definitions.

270.4 Discrimination prohibited.

270.5 Complaint.

270.6 Process.

270.7 Remedies.

AUTHORITY: Sec. 604, Pub. L. 95-372, 92 Stat. 695 (43 U.S.C. 1863).

SOURCE: 50 FR 21048, May 22, 1985, unless otherwise noted.

§ 270.1 Purpose.

The purpose of this part is to implement the provisions of section 604 of the OSCLAA of 1978 which provides that "no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity, sale, or employment, conducted pursuant to the provisions of . . . the Outer Continental Shelf Lands Act."

§ 270.2 Application of this part.

This part applies to any contract or subcontract entered into by a lessee or by a contractor or subcontractor of a lessee after the effective date of these regulations to provide goods, services, facilities, or property in an amount of $10,000 or more in connection with any activity related to the exploration for or development and production of oil, gas, or other minerals or materials in the OCS under the Act.

As used in this part, the following terms shall have the meanings given below:

Contract means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee and any person which creates an obligation to provide goods, services, facilities, or property.

Lessee means the party authorized by a lease, grant of right-of-way, or an approved assignment thereof to explore, develop, produce, or transport oil, gas, or other minerals or materials in the OCS pursuant to the Act and this part.

Person means a person or company, including but not limited to, a corporation, partnership, association, joint stock venture, trust, mutual fund, or any receiver, trustee in bankruptcy, or other official acting in a similar capacity for such company.

Subcontract means any business agreement or arrangement (in which the parties do not stand in the relationship of employer and employee) between a lessee's contractor and any person other than a lessee that is in any way related to the performance of any one or more contracts.

§ 270.4 Discrimination prohibited.

No contract or subcontract to which this part applies shall be denied to or withheld from any person on the grounds of race, creed, color, national origin, or sex.

§ 270.5 Complaint.

(a) Whenever any person believes that he or she has been denied a contract or subcontract to which this part applies on the grounds of race, creed, color, national origin, or sex, such person may complain of such denial or withholding to the Regional Director of the OCS Region in which such action is alleged to have occurred. Any complaint filed under this part must be submitted in writing to the appropriate Regional Director not later than 180 days after the date of the alleged unlawful denial of a contract or subcontract which is the basis of the complaint.

(b) The complaint referred to in paragraph (a) of this section shall be accompanied by such evidence as may be available to a person and which is relevant to the complaint including affidavits and other documents.

(c) Whenever any person files a complaint under this part, the Regional Director with whom such complaint is filed shall give written notice of such filing to all persons cited in the complaint no later than 10 days after receipt of such complaint. Such notice shall include a statement describing the alleged incident of discrimination, including the date and the names of persons involved in it.

§ 270.6 Process.

Whenever a Regional Director determines on the basis of any information, including that which may be obtained under § 270.5 of this title, that a violation of or failure to comply with any provision of this subpart probably occurred, the Regional director shall undertake to afford the complainant and the person(s) alleged to have violated the provisions of this part an opportunity to engage in informal consultations, meetings, or any other form of communications for the purpose of resolving the complaint. In the event such communications or consultations result in a mutually satisfactory resolution of the complaint, the complainant and all persons cited in the complaint shall notify the Regional Director in writing of their agreement to such resolution. If either the complainant or the person(s) alleged to have wrongfully discriminated fail to provide such written notice within a reasonable period of time, the Regional Director shall proceed in accordance with the provisions of § § 250.70, 250.71, 250.72, and 250.80 of this title.

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tions in this part is to prescribe policies, procedures, and requirements for conducting data and information-gathering activities associated with geological and geophysical (G&G) prospecting and scientific research in the OCS for minerals other than oil, gas, and sulphur. The regulations in this part do not apply to activities authorized under a mineral lease. Activities authorized under the regulations in this part do not give rise to any rights or interests in any OCS mineral discovered as a result of approved prospecting or scientific research activities.

§ 280.2 Definitions.

When used in this part, the following terms shall have the meaning given below:

Act means the OCS Lands Act, as amended (43 U.S.C. 1331 et seq.)

Adjacent State means with respect to any activity proposed, conducted, or approved under this part, any coastal State(s) (1) That is used, or is scheduled to be used, as a support base for G&G prospecting or scientific research activities; or (2) in which there is a reasonable probability of significant effect on land or water uses from such activity.

Archaeological resource means any prehistoric or historic district, site, building, structure, or object (including shipwrecks); such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.

Data means G&G facts and statistics or samples which have not been analyzed, processed, or interpreted.

Director means the Director of the MMS of the U.S. Department of the Interior or an official authorized to act on the Director's behalf.

Geological and geophysical (G&G) scientific research means any investigation conducted in the OCS for scientific research purposes which involves the gathering and analysis of G&G data and information which are made available to the public for inspection and reproduction at the earliest practicable time. This does not include scientific research related to oil, gas, and sulphur.

Geological sample means a collected portion of the seabed, the subseabed,

or the overlying waters acquired while conducting prospecting or scientific research activities.

Governor means the Governor of a State or the person or entity lawfully designated to exercise the powers granted to a State Governor.

Information means G&G data that has been analyzed, processed, or interpreted.

Lease means one of the following, whichever is required by the context: Any form of authorization which is issued under section 8 or maintained under section 6 of the Act and which authorizes exploration for, and development and production of, specific minerals or the area covered by that authorization.

Minerals has the same meaning as the term is defined in section 2(q) of the Act.

National Environmental Policy Act (NEPA) means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

OCS minerals means any mineral found on or below the surface of the seabed but does not include oil, gas, or sulphur.

Outer Continental Shelf (OCS) means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.

Permit means the contract or agreement, other than a lease, approved pursuant to this part under which a person acquires the right to conduct prospecting or scientific research activities.

Permittee means the person authorized by a permit issued pursuant to this part to conduct prospecting or scientific research activities in the OCS.

Person means a citizen or national of the United States; an alien lawfully admitted for permanent residency in the United States as defined in 8 U.S.C. 1101(a)(20); a private, public, or municipal corporation organized under the laws of the United States or of any State or territory thereof; and an association of such citizens, nationals, resident aliens, or private, public, or mu

nicipal corporations, States, or political subdivisions of States; or anyone operating in a manner provided for by treaty or other applicable international agreements. The term does not include Federal Agencies.

Prospecting activities means the gathering of any G&G data and information for the purpose of determining the feasibility of commercial recovery, which has as its objective the establishment and documentation of the nature, shape, concentration, location, and tenor of an OCS mineral resource. Such activities shall include (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of minerals; and (2) the gathering through drilling or other means of geological samples which could be used for the purpose of discovering, characterizing, or evaluating OCS mineral deposits. Prospecting activities do not include G&G scientific research.

Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.

§ 280.3 Activities requiring a permit.

(a) No prospecting activities shall be conducted in the OCS without a permit approved by the Director pursuant to this part, unless such activities are being conducted pursuant to authority contained in a lease issued or maintained under part 256 or part 281 of this title or unless such activities are conducted by a Federal Agency.

(b) No person may conduct G&G scientific research activities in the OCS without a permit approved by the Director pursuant to this part if the proposed activities include either: (1) The drilling of a borehole to a depth greater than 300 feet below the seafloor; or (2) the use of solid or liquid explosives.

(c) Any person may conduct G&G scientific research in the OCS without obtaining a permit pursuant to this part if

(1) The activities will not interfere with or endanger operations under any lease or right-of-way maintained or issued pursuant to the Act;

(2) The activities will not be unduly harmful to aquatic life in the area; result in pollution; create hazardous or

unsafe conditions; unreasonably interfere with other uses of the area; or disturb any site, structure, or object of historical or archaeological significance; and

(3) The person conducting the activities or operating the vessel from which the activities are to be conducted has consulted and coordinated the conduct of those activities with any other users of the area.

(d) The Director may orally approve plan revisions or issue emergency permits to accommodate unforeseen or special circumstances. Oral approvals given for a written application shall be followed with a written confirmation by MMS. In the event an oral approval is given in response to an oral request, the applicant shall confirm the oral request in writing within 72 hours of the approval.

§ 280.4 Term of permit.

Permits approved under this part shall be granted for a term not to exceed 3 years. The Director may extend the term of a permit for an additional period(s) of time not to exceed a total of 2 years when the Director determines that the additional time is appropriate based upon a showing of good cause by the permittee.

§ 280.5 Application for a prospecting or scientific research permit.

(a) An application for a prospecting or scientific research permit shall be submitted to the Director at least 60 days prior to the date proposed as the startup date for activities in the permit area.

(b)(1) An application for a prospecting permit shall be submitted in a form and manner approved by the Director. Three copies of each application shall be submitted and shall include

(i) The name, address, and nationality of the person(s) submitting the application;

(ii) The name, address, and telephone number of the person(s) directly responsible for conducting the activities proposed;

(iii) A description and a map of the area(s) covered by the application;

(iv) The period of time to be covered by the primary term of the permit not to exceed 3 years;

(v) A narrative description in nonproprietary terms of the activities to be conducted, such as mapping, geophysical surveying, drilling, bottom sampling, and dredging;

(vi) A detailed description and schedule giving the estimated starting and completion dates for the proposed activities that are to be authorized under the permit; and

(vii) A prospecting plan.

(2) An applicant for a prospecting permit shall indicate which data and information included in the application and plan the applicant considers proprietary.

(c) Upon application submitted by a permittee pursuant to this section, the Director may approve the conversion of a permit issued under part 251 of this title to a permit issued under this part. A permit issued under part 251, which is converted to a permit issued under this part, shall be subject to all the requirements of this part.

(d) An application for a permit to conduct scientific research activities shall be submitted in a form approved by the Director. The application should be signed by an officer of the organization proposing to carry out the activity and shall state

(1) The name of the person conducting the proposed research;

(2) The type of research activity and manner in which it will be conducted; (3) The location designated on map, plat, or chart where the research activity will be conducted;

a

(4) A schedule indicating the starting and completion dates for each proposed scientific research activity;

(5) The proposed time and manner in which the information and data resulting from the research will be made available to the public for inspection and reproduction, such time being the earliest practicable time;

(6) An agreement that the information and data resulting from the scientific research activity will not be sold or withheld for exclusive use;

(7) The name, registry number, registered owner, and port of registry of vessels used in the operation; and (8) A scientific research plan.

(e) Within 30 days following the receipt of an application for a permit and the accompanying plan which does not require preparation of an environmental analysis the Director shall

(1) Approve the application and plan;

(2) Require the applicant to modify the application and/or plan; or

(3) Disapprove the application and plan. If the Director disapproves an application and plan, the statement of rejection shall give the reasons for the disapproval and shall advise the applicant of the changes needed to obtain approval.

§ 280.6 Prospecting or scientific research plan.

(a) The applicant shall submit a plan with its application for a prospecting or scientific research permit. The plan shall include

(1) Identification of the mineral(s) or material(s) of primary interest, if appropriate;

(2) A detailed description of the activities to be conducted;

(3) The type(s) of equipment to be used with special attention to safety and pollution prevention and control features and the name, registration, and mobile communication system of vessel(s);

(4) Maps showing location of proposed activities including drill holes, grab or basket samples, anticipated depth of penetration of drill holes, water depth, and location of proposed survey grids for each surveying method which is to be employed;

(5) A schedule indicating the starting and completion dates for each proposed activity;

(6) Anticipated environmental consequences of each proposed activity;

(7) Mitigation measures to be used to avoid or minimize adverse environmental impacts of proposed activities;

(8) For any activities which are to occur in an environmentally sensitive area, a plan for monitoring the effects of the activities on the environment;

(9) Any known archaeological resources in the area of the proposed activities; and