§ 556.306 What if a potentially oil- or gas-bearing area underlies both the OCS and lands subject to State jurisdiction?

(a) Whenever the Director or the governor of a coastal State determines that a common potentially hydrocarbon-bearing area may underlie the Federal OCS and State submerged lands, the Director or the governor will notify the other party in writing of the determination. (b) Thereafter the Director will provide to the governor of the coastal State, subject to the confidentiality requirements in this chapter: (1) An identification of the areas proposed for leasing and a schedule for, leasing; and (2) An estimate of the oil and gas resources. (c) At the request of the governor of the coastal State, the Director will provide to such governor, subject to the confidentiality requirements in this chapter: (1) All geographical, geological, and ecological characteristics of the areas proposed for leasing; and (2) An identification of any field, geological structure, or trap that lies within 3 miles of the State's seaward boundary. (d) If BOEM intends to lease such blocks or tracts, the Director and the governor of the coastal State may enter into an agreement for the equitable disposition of the revenues from production of any common potentially hydrocarbon-bearing area, pursuant to OCSLA section 8(g)(3) (43 U.S.C. 1337(g)(3)). Any revenues received by the United States under such an agreement are subject to the requirements of OSCLA section 8(g)(2) (43 U.S.C. 1337(g)(2)). (e) If the Director and the governor do not enter into an agreement under paragraph (d) of this section within 90 days, BOEM may nevertheless proceed with the leasing of the tracts, in which case all revenues will be deposited in a separate account in the Treasury of the United States, pending disposition of 27% (twenty-seven percent) of the revenues to the relevant coastal state(s), pursuant to the requirements of OCSLA section 8(g)(2). (43 U.S.C. 1337(g)(2)).