250.160—When will MMS grant me a right-of-use and easement, and what requirements must I meet?
MMS may grant you a right-of-use and easement on leased and unleased lands on the OCS, if you meet these requirements:
(a)
You must need the right-of-use and easement to construct and maintain platforms, artificial islands, and installations and other devices at an OCS site other than an OCS lease you own, that are:
(2)
Used for conducting exploration, development, and production activities or other operations on or off lease; or
(c)
You must meet the requirements at 30 CFR 256.35 (Qualification of lessees); establish a regional Company File as required by MMS; and must meet bonding requirements;
(d)
If you apply for a right-of-use and easement on a leased area, you must notify the lessee and give her/him an opportunity to comment on your application; and
(e)
You must receive MMS approval for all platforms, artificial islands, and installations and other devices permanently or temporarily attached to the seabed.
(2)
You ask MMS to modify your right-of-use and easement to change the footprint of the associated platform, artificial island, or installation or device.
(g)
If you meet either of the conditions in paragraph (f) of this section, you must pay a rental amount to MMS as shown in the following table:
| If... | Then... |
|---|---|
| (1) Your right-of-use and easement site is located in water depths of less than 200 meters; | You must pay a rental of $5 per acre per year with a minimum of $450 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other equipment associated with the platform, artificial island, installation or device. |
| (2) Your right-of-use and easement site is located in water depths of 200 meters or greater; | You must pay a rental of $7.50 per acre per year with a minimum of $675 per year. The area subject to annual rental includes the areal extent of anchor chains, pipeline risers, and other equipment associated with the platform, artificial island, or installation or device. |
(h)
You may make the rental payments required by paragraph (g)(1) and (g)(2) of this section on an annual basis, for a 5-year period, or for multiples of 5 years. You must make the first payment electronically through Pay.gov and you must include a copy of the Pay.gov confirmation receipt page with your right-of-use and easement application. You must make all subsequent payments before the respective time periods begin.
(i) Late payments.
An interest charge will be assessed on unpaid and underpaid amounts from the date the amounts are due, in accordance with the provisions found in 30 CFR 218.54. If you fail to make a payment that is late after written notice from MMS, MMS may initiate cancellation of the right-of-use grant and easement.