[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Rules and Regulations]
[Pages 15531-15532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06291]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 550
[Docket ID: BOEM-2023-0012]
RIN 1010-AE11
Protection of Marine Archaeological Resources
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Final rule; Congressional Review Act revocation.
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SUMMARY: Under the Congressional Review Act, Congress passed, and the
President signed, a joint resolution disapproving the final
``Protection of Marine Archaeology Resources'' rule published by the
Bureau of Ocean Energy Management (BOEM) on September 3, 2024. That
rule required lessees and operators to submit an archaeological report
with any oil and gas exploration or development plan they submit to
BOEM for approval of proposed activities on the Outer Continental Shelf
(OCS). Under the joint resolution and by operation of the Congressional
Review Act, the ``Protection of Marine Archaeological Resources'' rule
has no force or effect.
DATES: This final rule is effective on April 14, 2025.
FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Office Director,
Office of Regulatory Affairs, BOEM, 1849 C Street NW, Washington, DC
20240, at email address [email protected], or at telephone
number (202) 742-0970.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1334),
the National Historic Preservation Act, and the National Environmental
Policy Act, BOEM issued the final rule ``Protection of Marine
Archaeological Resources.'' BOEM published the rule in the Federal
Register on September 3, 2024 (89 FR 71160), which amended 30 CFR part
550. The rule required that lessees and operators submit an
archaeological report with any oil and gas exploration or development
plan they provide to BOEM for approval of proposed activities on the
OCS.
The purpose of that rule was to address concerns regarding BOEM's
regulatory requirements for protecting marine archaeological resources.
Specifically, those concerns centered on BOEM's inability to accurately
identify the location of such potential resources and BOEM's long-
standing policy of requiring archaeological surveys only in cases where
evidence of a resource existed. The two major provisions of the rule
were (1) the replacement of the ``reason to believe'' standard in the
current regulations with the requirement that all proposed exploration
or development plans that would disturb the seabed must be accompanied
by an archaeological report, and (2) the codification of minimum
requirements for any new high resolution geophysical surveys.
The United States Senate passed Senate Joint Resolution 11,
disapproving the rule under the Congressional Review Act (5 U.S.C. 801
et seq.) on February 25, 2025. The United States House of
Representatives passed the joint resolution on March 4, 2025. President
Donald J. Trump signed the joint resolution into law on March 14, 2025
(Public Law No.: 119-3). Under the joint resolution and by operation of
the Congressional Review Act, the ``Protection of Marine Archaeological
Resources'' final rule has no force or effect.
II. Procedural Requirements
This action is not an exercise of BOEM's rulemaking authority under
the Administrative Procedure Act because BOEM is not ``formulating,
amending, or repealing a rule'' under 5 U.S.C. 551(5). Rather, BOEM is
effectuating changes to the Code of Federal Regulations to reflect what
the congressional action has already accomplished. Accordingly, BOEM is
not soliciting comments on this action.
List of Subjects in 30 CFR Part 550
Administrative practice and procedure, Air pollution control,
Continental shelf, Environmental impact statements, Environmental
protection, Federal lands, Government contracts, Investigations,
Mineral resources, Oil and gas exploration, Oil pollution, Outer
continental shelf, Penalties, Pipelines, Public lands--rights-of-way,
Reporting and recordkeeping requirements, Rights-of-way, Sulfur.
[[Page 15532]]
This action by the Assistant Secretary is taken pursuant to an
existing delegation of authority.
Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, BOEM amends 30 CFR part 550
as follows:
PART 550--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
0
1. The authority citation for part 550 continues to read as follows:
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334.
Subpart A--General
0
2. Amend Sec. 550.105 by revising the definition of ``Archaeological
resource'' to read as follows:
Sec. 550.105 Definitions.
* * * * *
Archaeological resource means any material remains of human life or
activities that are at least 50 years of age and that are of
archaeological interest.
* * * * *
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3. Revise Sec. 550.194 to read as follows:
Sec. 550.194 How must I protect archaeological resources?
(a) If the Regional Director has reason to believe that an
archaeological resource may exist in the lease area, the Regional
Director will require in writing that your EP, DOCD, or DPP be
accompanied by an archaeological report. If the archaeological report
suggests that an archaeological resource may be present, you must
either:
(1) Locate the site of any operation so as not to adversely affect
the area where the archaeological resource may be; or
(2) Establish to the satisfaction of the Regional Director that an
archaeological resource does not exist or will not be adversely
affected by operations. This requires further archaeological
investigation, conducted by an archaeologist and a geophysicist, using
survey equipment and techniques the Regional Director considers
appropriate. You must submit the investigation report to the Regional
Director for review.
(b) If the Regional Director determines that an archaeological
resource is likely to be present in the lease area and may be adversely
affected by operations, the Regional Director will notify you
immediately. You must not take any action that may adversely affect the
archaeological resource until the Regional Director has told you how to
protect the resource.
(c) If you discover any archaeological resource while conducting
operations in the lease or right-of-way area, you must immediately halt
operations within the area of the discovery and report the discovery to
the BOEM Regional Director. If investigations determine that the
resource is significant, the Regional Director will tell you how to
protect it.
Sec. 550.195 [Removed and Reserved]
0
4. Remove and reserve Sec. 550.195.
[FR Doc. 2025-06291 Filed 4-11-25; 8:45 am]
BILLING CODE 4340-98-P