Appendix B to Part 2 - Mineral Leasing Act and Mineral Leasing Act for Acquired Lands - Special Rules
43:1.1.1.1.2.14.9.1.2 : Appendix B
Appendix B to Part 2 - Mineral Leasing Act and Mineral Leasing Act
for Acquired Lands - Special Rules
(a) Definitions. As used in the section:
(1) Exploration license means a license issued by the
Secretary of the Interior to conduct coal exploration operations on
land subject to the Mineral Leasing Act, under 30 U.S.C. 201(b), or
subject to the Mineral Leasing Act for Acquired Lands, under 30
U.S.C. 351-360.
(2) Fair-market value of coal to be leased means the
minimum amount of a bid the Secretary is willing to accept in
leasing coal within leasing tracts offered in general lease sales
or reserved and offered for lease to public bodies, including
Federal agencies, rural electric cooperatives, or non-profit
corporations controlled by any of such entities, under 30 U.S.C.
201(a)(1) or 30 U.S.C. 351-360.
(3) Information means data, statistics, samples and other
facts, whether analyzed or processed or not, pertaining to Federal
coal resources.
(b) Applicability. This Appendix applies to the following
categories of information:
(1) Category A. Information provided to or obtained by a
bureau under 30 U.S.C. 201(b)(3) (and corresponding information
under 30 U.S.C. 351-360) from the holder of an exploration
license;
(2) Category B. Information acquired from commercial or
other sources under service contract with United States Geological
Survey (USGS) under 30 U.S.C. 208-1(b) (and corresponding
information under 30 U.S.C. 351-360), and information developed by
USGS under an exploratory program authorized by 30 U.S.C. 208-1
(and corresponding information under 30 U.S.C. 351-360);
(3) Category C. Information obtained from commercial
sources which the commercial source acquired while not under
contract with the United States Government;
(4) Category D. Information provided to the Secretary by
a Federal department or agency under 30 U.S.C. 208-1(e) (and
corresponding information under 30 U.S.C. 351-360); and
(5) Category E. The fair-market value of coal to be
leased and comments received by the Secretary with respect to such
value.
(c) Availability of information. Information obtained by
the Department from various sources will be made available to the
public as follows:
(1) Category A - Information. Category A information must
not be disclosed to the public until after the areas to which the
information pertains have been leased by the Department, or until
the Secretary determines that release of the information to the
public would not damage the competitive position of the holder of
the exploration license, whichever comes first.
(2) Category B - Information. Category B information must
not be withheld from the public; it will be made available by means
of and at the time of open filing or publication by USGS.
(3) Category C - Information. To the extent Category C
information is proprietary, such information must not be made
available to the public until after the areas to which the
information pertains have been leased by the Department.
(4) Category D - Information. To the extent Category D
information is proprietary, the Department will withhold the
information from the public for the length of time the department
or agency providing the information agreed to when it obtained the
information.
(5) Category E - Information. Category E information must
not be made public until the lands to which the information
pertains have been leased, or until the Secretary has determined
that its release prior to the issuance of a lease is in the public
interest.
[67 FR 64541, Oct. 21, 2002. Redesignated at 77 FR 76915, Dec. 31,
2012]