| 30 CFR 270
TITLE 30--MINERAL RESOURCES
CHAPTER II--MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR
PART 270--NONDISCRIMINATION IN THE OUTER CONTINENTAL SHELF
Sec.
270.1 Purpose.
270.2 Application of this part.
270.3 Definitions.
270.4 Discrimination prohibited.
270.5 Complaint.
270.6 Process.
270.7 Remedies.
Authority: Sec. 604, Pub. L. 95-372, 92 Stat. 695 (43 U.S.C. 1863).
Source: 50 FR 21048, May 22, 1985, unless otherwise noted.
Sec. 270.1 Purpose.
The purpose of this part is to implement the provisions of section
604 of the OCSLA of 1978 which provides that ``no person shall, on the
grounds of race, creed, color, national origin, or sex, be excluded from
receiving or participating in any activity, sale, or employment,
conducted pursuant to the provisions of . . . the Outer Continental
Shelf Lands Act.''
Sec. 270.2 Application of this part.
This part applies to any contract or subcontract entered into by a
lessee or by a contractor or subcontractor of a lessee after the
effective date of these regulations to provide goods, services,
facilities, or property in an amount of $10,000 or more in connection
with any activity related to the exploration for or development and
production of oil, gas, or other minerals or materials in the OCS under
the Act.
Sec. 270.3 Definitions.
As used in this part, the following terms shall have the meanings
given below:
Contract means any business agreement or arrangement (in which the
parties do not stand in the relationship of employer and employee)
between a lessee and any person which creates an obligation to provide
goods, services, facilities, or property.
Lessee means the party authorized by a lease, grant of right-of-way,
or an approved assignment thereof to explore, develop, produce, or
transport oil, gas, or other minerals or materials in the OCS pursuant
to the Act and this part.
Person means a person or company, including but not limited to, a
corporation, partnership, association, joint stock venture, trust,
mutual fund, or any receiver, trustee in bankruptcy, or
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other official acting in a similar capacity for such company.
Subcontract means any business agreement or arrangement (in which
the parties do not stand in the relationship of employer and employee)
between a lessee's contractor and any person other than a lessee that is
in any way related to the performance of any one or more contracts.
Sec. 270.4 Discrimination prohibited.
No contract or subcontract to which this part applies shall be
denied to or withheld from any person on the grounds of race, creed,
color, national origin, or sex.
Sec. 270.5 Complaint.
(a) Whenever any person believes that he or she has been denied a
contract or subcontract to which this part applies on the grounds of
race, creed, color, national origin, or sex, such person may complain of
such denial or withholding to the Regional Director of the OCS Region in
which such action is alleged to have occurred. Any complaint filed under
this part must be submitted in writing to the appropriate Regional
Director not later than 180 days after the date of the alleged unlawful
denial of a contract or subcontract which is the basis of the complaint.
(b) The complaint referred to in paragraph (a) of this section shall
be accompanied by such evidence as may be available to a person and
which is relevant to the complaint including affidavits and other
documents.
(c) Whenever any person files a complaint under this part, the
Regional Director with whom such complaint is filed shall give written
notice of such filing to all persons cited in the complaint no later
than 10 days after receipt of such complaint. Such notice shall include
a statement describing the alleged incident of discrimination, including
the date and the names of persons involved in it.
Sec. 270.6 Process.
Whenever a Regional Director determines on the basis of any
information, including that which may be obtained under Sec. 270.5 of
this title, that a violation of or failure to comply with any provision
of this subpart probably occurred, the Regional director shall undertake
to afford the complainant and the person(s) alleged to have violated the
provisions of this part an opportunity to engage in informal
consultations, meetings, or any other form of communications for the
purpose of resolving the complaint. In the event such communications or
consultations result in a mutually satisfactory resolution of the
complaint, the complainant and all persons cited in the complaint shall
notify the Regional Director in writing of their agreement to such
resolution. If either the complainant or the person(s) alleged to have
wrongfully discriminated fail to provide such written notice within a
reasonable period of time, the Regional Director shall proceed in
accordance with the provisions of Secs. 250.70, 250.71, 250.72, and
250.80 of this title.
Sec. 270.7 Remedies.
In addition to the penalties available under Secs. 250.81-1 and
250.80-2 of this title, the Director may invoke any other remedies
available to him or her under the Act or regulations for the lessee's
failure to comply with provisions of the Act, regulations, or lease.
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U.S. Department
of Justice
