282.3—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—
(1)
That is, or is proposed to be, receiving for processing, refining, or transshipment OCS mineral resources commercially recovered from the seabed;
(2)
That is used, or is scheduled to be used, as a support base for prospecting, exploration, testing, or mining activities; or
(3)
In which there is a reasonable probability of significant effect on land or water uses from such activity.
Contingency Plan means a plan for action to be taken in emergency situations.
Data means geological and geophysical (G&G) facts and statistics or samples which have not been analyzed, processed, or interpreted.
Development means those activities which take place following the discovery of minerals in paying quantities including geophysical activities, drilling, construction of offshore facilities, and operation of all onshore support facilities, which are for the purpose of ultimately producing the minerals discovered.
Director means the Director of MMS of the U.S. Department of the Interior or an official authorized to act on the Director's behalf.
Exploration means the process of searching for minerals on a lease including:
(1)
Geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of minerals;
(2)
Any drilling including the drilling of a borehole in which the discovery of a mineral other than oil, gas, or sulphur is made and the drilling of any additional boreholes needed to delineate any mineral deposits; and
(3)
The taking of sample portions of a mineral deposit to enable the lessee to determine whether to proceed with development and production.
Geological sample means a collected portion of the seabed, the subseabed, or the overylying waters (when obtained for geochemical analysis) acquired while conducting postlease mining activities.
Governor means the Governor of a State or the person or entity designated by, or pursuant to, State law to exercise the power granted to a Governor.
Information means G&G data that have 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 Acts and which authorizes exploration for, and development and production of, specific minerals; or the area covered by that authorization.
Lessee means the person authorized by a lease, or an approved assignment thereof, to explore for and develop and produce the leased deposits in accordance with the regulations in this chapter. The term includes all parties holding that authority by or through the lessee.
Major Federal action means any action or proposal by the Secretary which is subject to the provisions of section 102(2 )(C) of the National Environmental Policy Act (NEPA) (i.e., an action which will have a significant impact on the quality of the human environment requiring preparation of an Environmental Impact Statement (EIS) pursuant to section 102(2 )(C) of NEPA).
Marine environment means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the OCS.
Minerals includes oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by an Act of Congress to be produced from “public lands” as defined in section 103 of the Federal Land Policy and Management Act of 1976.
OCS mineral means any mineral deposit or accretion found on or below the surface of the seabed but does not include oil, gas, or sulphur; salt or sand and gravel intended for use in association with the development of oil, gas, or sulphur; or source materials essential to production of fissionable materials which are reserved to the United States pursuant to section 12(e) of the Act.
Operator means the individual, partnership, firm, or corporation having control or management of operations on the lease or a portion thereof. The operator may be a lessee, designated agent of the lessee, or holder of rights under an approved operating agreement.
Outer Continental Shelf means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 2 of 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.
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; an association of such citizens, nationals, resident aliens or private, public, or municipal 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.
Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
Testing means removing bulk samples for processing tests and feasibility studies and/or the testing of mining equipment to obtain information needed to develop a detailed Mining Plan.