[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3100.4]



[Page 332-333]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3100_OIL AND GAS LEASING--Table of Contents

 

            Subpart 3100_Onshore Oil and Gas Leasing: General

 

Sec. 3100.4  Public availability of information.



    (a) All data and information concerning Federal and Indian minerals 

submitted under this part 3100 and parts 3110 through 3190 of this 

chapter are subject to part 2 of this title, except as provided in 

paragraph (c) of



[[Page 333]]



this section. Part 2 of this title includes the regulations of the 

Department of the Interior covering the public disclosure of data and 

information contained in Department of the Interior records. Certain 

mineral information not protected from public disclosure under part 2 of 

this title may be made available for inspection without a Freedom of 

Information Act (FOIA) (5 U.S.C. 552) request.

    (b) When you submit data and information under this part 3100 and 

parts 3110 through 3190 of this chapter that you believe to be exempt 

from disclosure to the public, you must clearly mark each page that you 

believe includes confidential information. BLM will keep all such data 

and information confidential to the extent allowed by Sec. 2.13(c) of 

this title.

    (c) Under the Indian Mineral Development Act of 1982 (IMDA) (25 

U.S.C. 2101 et seq.), the Department of the Interior will hold as 

privileged proprietary information of the affected Indian or Indian 

tribe--

    (1) All findings forming the basis of the Secretary's intent to 

approve or disapprove any Minerals Agreement under IMDA; and

    (2) All projections, studies, data, or other information concerning 

a Minerals Agreement under IMDA, regardless of the date received, 

related to--

    (i) The terms, conditions, or financial return to the Indian 

parties;

    (ii) The extent, nature, value, or disposition of the Indian mineral 

resources; or

    (iii) The production, products, or proceeds thereof.

    (d) For information concerning Indian minerals not covered by 

paragraph (c) of this section--

    (1) BLM will withhold such records as may be withheld under an 

exemption to FOIA when it receives a request for information related to 

tribal or Indian minerals held in trust or subject to restrictions on 

alienation;

    (2) BLM will notify the Indian mineral owner(s) identified in the 

records of the Bureau of Indian Affairs (BIA), and BIA, and give them a 

reasonable period of time to state objections to disclosure, using the 

standards and procedures of Sec. 2.15(d) of this title, before making a 

decision about the applicability of FOIA exemption 4 to:

    (i) Information obtained from a person outside the United States 

Government; when

    (ii) Following consultation with a submitter under Sec. 2.15(d) of 

this title, BLM determines that the submitter does not have an interest 

in withholding the records that can be protected under FOIA; but

    (iii) BLM has reason to believe that disclosure of the information 

may result in commercial or financial injury to the Indian mineral 

owner(s), but is uncertain that such is the case.



[63 FR 52952, Oct. 1, 1998]