[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3190.1]

[Page 460]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3190_DELEGATION OF AUTHORITY, COOPERATIVE AGREEMENTS AND CONTRACTS 
FOR OIL AND GAS INSPECTION--Table of Contents
 
    Subpart 3190_Delegation of Authority, Cooperative Agreements and 
             Contracts for Oil and Gas Inspections: General
 
Sec. 3190.1  Proprietary data.

    With regard to any data or information obtained by a State, Indian 
tribe or individual, whether under a delegation of authority, 
cooperative agreement or contract, the following applies:
    (a) Proprietary data shall be made available to a State or Indian 
tribe pursuant to a cooperative agreement under the provisions of 30 
U.S.C. 1732 if such State or Indian tribe:
    (1) Consents in writing to restrict the dissemination of such 
information to such persons directly involved in an investigation under 
30 U.S.C. 1732 who need the information to conduct the investigation;
    (2) Agrees in writing to accept liability for wrongful disclosure;
    (3) In the case of a State, the State demonstrates that such 
information is essential to the conduct of an investigation or to 
litigation under 30 U.S.C. 1734; and
    (4) In the case of an Indian tribe, the tribe demonstrates that such 
information is essential to the conduct of an audit or investigation and 
waives sovereign immunity by express consent for wrongful disclosure.
    (b)(1) Any person or State that obtains proprietary data pursuant to 
a delegation of authority, cooperative agreement or contract under this 
part is subject to the same provisions of law with respect to the 
disclosure of such information as would apply to any officer or employee 
of the United States.
    (2) Disclosure of proprietary data obtained pursuant to a delegation 
of authority, cooperative agreement, or contract under this part may not 
be compelled under State law.