[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

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

[CITE: 43CFR3190.1]



[Page 473]

 

                    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.