BOEM Finalizes New Regulations to Better Protect Marine Archaeological Resources

The Bureau of Ocean Energy Management (BOEM) has announced that it has finalized new regulations to better protect shipwrecks and other cultural resources on the seabed from potential harm due to offshore oil and gas activities. The final rule requires lessees and operators to submit an archaeological report with any exploration or development plan they submit to BOEM for proposed activities on the US Outer Continental Shelf (OCS). The report must detail procedures for reporting the discovery of possible archaeological resources and how operations will avoid or minimize harm if archaeological resources are present.

“Improving reporting requirements will increase our ability to proactively identify marine archaeological resources and decrease the likelihood of unintentional damage caused by OCS activities,” said BOEM Director Elizabeth Klein. “This step is necessary to ensure compliance with the National Historic Preservation Act, protect cultural heritage, and promote responsible development of offshore energy resources.”

This final rule increases the protection of archaeological resources by requiring OCS operators to submit an archaeological report with any plan that proposes to disturb the seabed rather than only where the BOEM regional director has reason to believe archaeological resources may be present. The rule defines the survey standards that lessees and operators must follow to support the conclusions in archaeological reports and requires that a qualified marine archaeologist collect and analyze survey data. It provides a one-year phase-in period for existing leaseholders; all new lessees will be required to apply the requirements of the final rule from the effective date.

The effective date of the final rule is October 3, 2024.

All supporting documents for this rule, including public comments BOEM received on the proposed rule, can be found at www.regulations.gov, docket number BOEM-2023-0012.

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