[Federal Register Volume 91, Number 36 (Tuesday, February 24, 2026)]
[Proposed Rules]
[Pages 8803-8810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03690]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 580, 581, and 582
[Docket ID: BOEM-2025-0120]
RIN 1010-AE36
Administrative Revisions to Regulations Related to Outer
Continental Shelf Minerals Other Than Oil, Gas, and Sulphur
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of proposed rulemaking and request for comment.
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SUMMARY: Consistent with Executive Order (E.O.) 14285, ``Unleashing
America's Offshore Critical Minerals and Resources'' (April 24, 2025),
E.O. 14154 ``Unleashing American Energy'' (January 20, 2025), E.O.
14192 ``Unleashing Prosperity through Deregulation'' (January 31,
2025), and consistent with agency policy, the Department of the
Interior (the Department or DOI), acting through the Bureau of Ocean
Energy Management (BOEM), proposes administrative revisions to
regulations that govern prospecting, leasing, and operations related to
minerals other than oil, gas, and sulphur (``hard minerals'') on the
Outer Continental Shelf (OCS).
DATES: BOEM must receive your comments on or before April 27, 2026.
BOEM has the discretion not to consider comments received after this
date.
ADDRESSES: You may submit comments on the rulemaking by any of the
following methods. In your comments, please reference ``Administrative
Revisions to Regulations Related to Outer Continental Shelf Minerals
Other than Oil, Gas and Sulphur, RIN 1010-AE36.'' See the SUPPLEMENTARY
INFORMATION section of this document for more details on submitting
comments.
Federal rulemaking portal: https://www.regulations.gov
(BOEM preferred method). Follow the online instructions for submitting
comments.
Mail or delivery service: Send comments on the proposed
rule to the Department of the Interior, Bureau of Ocean Energy
Management, Office of Regulatory Affairs, Attention: Nabanita Modak
Fischer, 45600 Woodland Road, Mailstop: DIR-BOEM, Sterling, VA 20166.
FOR FURTHER INFORMATION CONTACT: Nabanita Modak Fischer, Office of
Regulatory Affairs, BOEM, 45600 Woodland Road, Sterling, Virginia
20166, at email address [email protected] or at telephone
number (703) 787-1272.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
the contacts listed in this section. These services are available 24
hours a day, 7 days a week, to leave a message or question with the
above individual. You will receive a reply during normal business
hours. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. In the entry
titled, ``Enter Keyword or ID,'' enter BOEM-2025-0120 then click
search. Here you can view supporting and related materials available
for this rulemaking, as well as posted publicly submitted comments.
Instructions for submitting comments: In the entry titled, ``Enter
Keyword or ID,'' enter BOEM-2025-0120 then click search. Follow the
instructions to submit public comments. All submissions received must
include the agency name and docket number or Regulatory Information
Number (RIN) for this rulemaking (1010-AE36). Please include your name,
and phone number or email address in the https://www.regulations.gov
submission portal so we can contact you if we have questions regarding
your submission.
Public availability of comments: BOEM may post all submitted
comments to regulations.gov. Before including your name, return
address, phone number, email address, or other personally identifiable
information directly in your comment, you should be aware that your
entire comment--including your personally identifiable information--may
be made publicly available. In order for BOEM to withhold from
disclosure your personally identifiable information, you must identify,
in a cover letter, any information contained in the submittal of your
comments that, if released, would constitute a clearly unwarranted
invasion of your personal privacy. You must also briefly describe in
such cover letter any possible harmful consequences of the disclosure
of information, such as embarrassment, injury, or other harm. While you
can ask us in your comment to withhold your personally identifiable
information from public review, we cannot guarantee that we will be
able to do so. Even if BOEM withholds your information in the context
of this rulemaking, your submission is subject to the Freedom of
Information Act (FOIA) and any relevant court orders, and if your
submission is requested under the FOIA or such court order, your
information will only be withheld if a determination is made that one
of the FOIA's exemptions to disclosure applies or if such court order
is challenged. Such a determination will be made in accordance with the
Department's FOIA regulations and applicable law.
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Purpose of This Regulatory Action and Summary
B. Does this action apply to me?
C. Where can I get a copy of this document and other related
information?
[[Page 8804]]
II. Background
A. BOEM Statutory and Regulatory Authority
B. History of OCS Hard Minerals Regulations
III. Summary of the Proposed Regulatory Provisions
IV. Section-by-Section Analysis
V. Statutory Order Review
A. Regulatory Flexibility Act (RFA)
B. Small Business Regulatory Enforcement Fairness Act (SBREFA)
C. Unfunded Mandates Reform Act (UMRA)
D. Paperwork Reduction Act (PRA)
E. National Environmental Policy Act (NEPA)
F. Data Quality Act
G. Treasury and General Government Appropriations Act of 2001
VI. Executive Order Review
A. Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
B. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
C. Executive Order 12988: Civil Justice Reform
D. Executive Order 13132: Federalism
E. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
F. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
G. Executive Order 14154: Unleashing American Energy
H. Executive Order 14156: Declaring a National Energy Emergency
I. Executive Order 14172: Restoring Names That Honor American
Greatness
J. Executive Order 14192: Unleashing Prosperity Through
Deregulation
K. Executive Order 14285: Unleashing America's Offshore Critical
Minerals and Resources
I. General Information
A. Purpose of This Regulatory Action and Summary
The purpose of this action is to eliminate outdated and unnecessary
regulations, introduce additional clarity, and help facilitate timely
hard mineral prospecting, leasing, and operations.
B. Does this action apply to me?
This action proposes administrative changes and does not
substantively affect applicants and holders of permits for prospecting
for minerals other than oil, gas, and sulphur and leases for minerals
other than oil, gas, and sulphur on the OCS.
C. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, BOEM will post an
electronic copy of this final rule at: https://www.boem.gov/regulations-and-guidance.
II. Background
A. BOEM Statutory and Regulatory Authority
The Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331 et
seq., authorizes the Secretary of the Interior to oversee energy and
mineral development on the OCS. The Department's OCS hard mineral
regulations cover scientific research notices and issuance of
prospecting permits (30 CFR part 580), the leasing process (30 CFR part
581), and operations (30 CFR part 582) for minerals other than oil,
gas, and sulphur.
B. History of OCS Hard Minerals Regulations
The foundation for managing offshore mineral resources other than
oil, gas, and sulphur on the OCS was established with the enactment of
the OCSLA in 1953, which granted the Federal Government authority over
mineral resource development on the OCS. In the following decades,
growing interest in offshore resources like sand, gravel, and strategic
minerals prompted additional statutory and regulatory development.
After being managed for decades by other agencies within the
Department, the Minerals Management Service (MMS) was established in
1982 to oversee OCS energy and mineral activities.
On January 19, 1982, the Secretary of the Interior announced the
development of a program for the leasing of minerals other than oil,
gas, and sulphur in the OCS. Pursuant to section 8(k) of OCSLA (43
U.S.C. 1337(k)), the Department acting through the MMS published a
Notice of Jurisdiction regarding these marine minerals on December 8,
1982. On January 19, 1983, the Department published a notice adding
clarifications to the area of jurisdiction for marine minerals.
Following the Notice of Jurisdiction, the Department issued new
regulations for the exploration, leasing, and operation of marine
minerals other than oil, gas, and sulphur on the OCS. This led to the
publication of 30 CFR part 280 (prospecting) in 1988, 30 CFR part 281
(leasing) in 1989, and 30 CFR part 282 (operations) in 1989, which
established prospecting, leasing processes, and operational
requirements for hard minerals on the OCS. In 2011, following the
reorganization of the MMS into three separate organizations, BOEM took
over the management of some of these regulations, and the regulatory
provisions overseen by BOEM were transferred from parts 280, 281, and
282 to parts 580, 581, and 582 respectively. The Bureau of Safety and
Environmental Enforcement manages certain hard minerals regulations
that remain in 30 CFR parts 280 and 282 and are unaffected by this
rulemaking.
BOEM oversees the permitting and notification processes for
geological and geophysical prospecting for and scientific research
activities related to OCS critical minerals, other strategic ``hard
minerals,'' and aggregate in accordance with 30 CFR part 580.
30 CFR part 581 establishes procedures for leasing rights to
explore, develop, and produce hard minerals on the OCS.
BOEM's regulations for hard mineral operations under a lease are
found at 30 CFR part 582. BOEM and its predecessors have never
exercised this part of the hard minerals regulatory framework since it
was promulgated in 1989, as no leases have been issued to date under
the regulatory framework.
Section 3(b)(i) of the E.O. 14285 directs the Secretary of the
Interior with establishing an expedited process for reviewing and
approving permits for prospecting and granting leases for exploration,
development, and production of seabed mineral resources without
compromising environmental and transparency standards within the United
States' OCS under OCSLA, consistent with applicable law.
Despite having regulations in place for nearly 40 years, the
Department has only held one OCS mineral lease sale under those
regulations--the Norton Sound Gold Sale in 1991, offshore Alaska.\1\ No
bids were received, no leases were issued in that sale, and commercial
production of OCS minerals has yet to be achieved. In response to E.O.
14285, BOEM is reviewing its permitting, leasing, and operations
regulations and moving forward with efforts to facilitate the
extraction of OCS critical minerals.
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\1\ Pre-regulation, six phosphorite leases were issued off
Southern California in 1961, but were later relinquished.
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III. Summary of the Proposed Regulatory Provisions
BOEM is proposing to eliminate the following regulatory provisions:
A. Eliminate 30 CFR 580.29 ``Will BOEM monitor the environmental
effects of my activities?''
30 CFR 580.29 states that BOEM ``will evaluate the potential of
proposed prospecting or scientific research activities for adverse
impact on the
[[Page 8805]]
environment to determine the need for mitigation measures.'' This
provision is potentially misleading, and superfluous. BOEM has the
statutory obligation and responsibility to evaluate all applications on
a technical and environmental basis regardless of this provision. BOEM
evaluates the environmental implications of all permit applications in
accordance with applicable law, including but not limited to the need
for mitigation. The parallel OCS oil and gas regulations found in 30
CFR part 551 include no such section, and similarly this provision is
not required in the hard mineral regulations.
B. Eliminate 30 CFR 580.30 ``What activities will not require
environmental analysis?''
This regulatory provision does not establish or significantly
implicate BOEM or Interior categorical exclusions or BOEM's ability to
use categorical exclusions. Categorical exclusions are set out in the
Departmental Manual and the recently issued revised DOI NEPA
regulations (43 CFR part 46) and NEPA handbook. Thus, the list of
activities found in this section is not a list of Department or Bureau
categorical exclusions. The list in this section is not needed and
could mislead applicants about the ongoing need and practice of case-
by-case environmental reviews. These types of activities can be covered
by existing categorical exclusions, when appropriate, but this
regulation is unnecessary to that analysis.
C. Eliminate 30 CFR 580.31 ``Whom will BOEM notify about environmental
issues?''
The provision can be deleted because it introduces purely
procedural requirements for State and local governments and
organizations related to prospecting, rather than the community
directly regulated by 30 CFR part 580. There is no explicit requirement
for including this provision in OCSLA, which allows BOEM to authorize
exploration related to hard minerals, to direct adjacent or affected
State governor notification and commenting procedures as outlined in 30
CFR 580.31(a)-(c). Adjacent State and affected State have the same
meaning in effect, whether in regulation 30 CFR 580.1 or in statute (43
U.S.C. 1331(f)). Notification of the governors of affected States (also
known as adjacent States) is statutorily reserved to the unique
circumstances identified in section 18 (43 U.S.C. 1344), section 19 (43
U.S.C. 1345), and other sections of OCSLA (e.g., section 25, 43 U.S.C.
1351) that are not otherwise applicable to prospecting for minerals
other than oil, gas and sulphur and defined in 43 U.S.C. 1331(k). BOEM
will continue to comply with relevant statutes that may be implicated
by a request for prospecting under 30 CFR part 580 (e.g., in context of
an applicant-driven Coastal Zone Management Act (CZMA) consistency
certification or an environmental analysis under NEPA). But the
regulation does nothing not already required by those statutes and does
not impose any requirement on the regulated community under this part
(e.g., those persons or entities seeking approval to conduct
prospecting activities on the OCS). This section is purely ministerial
between BOEM and third-party government agencies and organizations that
are not regulated by this part; as such it is being deleted as
unnecessary.
D. Eliminate 30 CFR 580.33 ``How can I appeal a penalty'' and 580.34
``How can I appeal an order or decision?''
These regulations are cross-references and can be deleted to avoid
redundance.
E. Eliminate 30 CFR 581.5 ``False Statements''
This regulatory provision is redundant with the referenced statute.
F. Eliminate 30 CFR 581.9 ``Jurisdictional Controversies''
This regulation generally summarizes the language of an OCSLA
provision, 43 U.S.C. 1336. The jurisdictional controversies over oil
and gas that necessitated this resolution process be included in OCSLA
are largely settled and are less relevant when extracting hard
minerals. Importantly, the statutory authority and process to resolve
jurisdictional controversies are not affected by the deletion of this
regulatory provision.
G. Revise 30 CFR 581.11(b) ``Unsolicited request for a lease sale''
The requirement for the BOEM Director to decide ``within 45 days''
of receipt of a lease request is not based on a statutory requirement.
BOEM proposes to replace this 45-day timeframe with 28 days to ensure
timely processing of such requests.
H. Eliminate 30 CFR 582.7 ``Jurisdictional Controversies''
This regulation generally summarizes the language of an OCSLA
provision, 43 U.S.C. 1336. The jurisdictional controversies over oil
and gas that necessitated this resolution process be included in OCSLA
are largely settled and are less relevant when extracting hard
minerals. Importantly, the statutory authority and process to resolve
jurisdictional controversies are not affected by the deletion of this
regulatory provision.
I. Eliminate 30 CFR 582.50 ``Appeals''
The provision can be deleted because this is a simple cross-
reference.
IV. Section-by-Section Analysis
The Department is proposing to revise the regulations as follows:
Part 580--Prospecting for Minerals Other Than Oil, Gas, and Sulphur on
the Outer Continental Shelf
Subpart C--Obligations Under This Part
Section 580.29: Will BOEM monitor the environmental effects of my
activity?
As discussed in section III.A of this preamble, the Department is
proposing to remove this provision as this provision is potentially
misleading, and superfluous. BOEM has the statutory obligation and
responsibility to evaluate all applications on a technical and
environmental basis regardless of this provision. BOEM evaluates the
environmental implications of all permit applications in accordance
with applicable law, including but not limited to the need for
mitigation.
Section 580.30: What activities will not require environmental
analysis?
As discussed in section III.B of this preamble, the Department is
proposing to remove this provision because categorical exclusions are
separately established and reported in the Departmental Manual and in a
recently published Department NEPA Handbook and revised Departmental
NEPA regulations (see 43 CFR part 46). BOEM evaluates the type of
activities listed in 30 CFR 580.30 in context of the established
categorical exclusions in 43 CFR 46.210 and the Department Manual.
Broad categorical exclusions exist for non-destructive field surveying,
mapping, research, and monitoring (43 CFR 46.210(e) and 516 DM 1,
Appendix 2 15.4 A(1) and C(9)). The application of any categorical
exclusion requires some evaluation, such as the consideration of
extraordinary circumstances. See 43 CFR 46.215. Moreover, any
individual activity, or a program of activities, may still be subject
to the requirements of other environmental laws, thereby requiring
analysis or possibly consultation, and the section title wrongly
implies environmental analysis is not required. This provision, which
was first
[[Page 8806]]
introduced by the MMS in 1987 and later revised in 1999, can be
deleted.\2\
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\2\ See 52 FR 9765 (March 26, 1987).
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Section 580.31: Whom will BOEM notify about environmental issues?
As discussed in section III.C of this preamble, the Department is
proposing to remove this provision because it currently requires
procedures that are not required by statute, is not directed at the
regulated community under this part, and only addresses coordination
with third party governments and organizations already addressed by
other statutes. There is no explicit requirement in OCSLA to engage an
adjacent or affected State governor in the manner that is currently
mandated by 30 CFR 580.31(a) and (b). The section is purely procedural
and does not include any substantive requirements on the entities
regulated by part 580 (i.e., those persons and entities seeking to
conduct prospecting activities for minerals other than oil, gas and
sulphur on the OCS). This section merely restates, and sometimes
inconsistently, requirements already mandated by other sections.
Deletion of this section from the CFR does not in any way change the
substantive requirements of those other statutory provisions (e.g.,
under CZMA or NEPA). In addition, there is currently no parallel
provision in 30 CFR part 551, addressing geophysical and geological
surveys related to oil and gas. The proposed change would make parts
580 and 551 more consistent in their approach.
Finally, although BOEM has issued relatively few prospecting
permits recently, those permits, and related applications have
typically been posted to BOEM's website. The existing provision at 30
CFR 580.31(c), indicating that BOEM will notify parties who have
expressed interest in the application, is not statutorily required and
is unnecessary, given existing distribution practice. No similar
provision is currently included in 30 CFR part 551 for geophysical and
geological surveys related to oil and gas. The proposed change would
make parts 580 and 551 more consistent. This proposed elimination would
have no effect on a State's ability to view a permit application,
participate in the NEPA review as a cooperating agency, or obtain
copies of issued permits and the Freedom of Information Act would still
apply to other requests regardless of the deletion of this section.
Section 580.33: How can I appeal a penalty?
As discussed in section III.D of this preamble, the Department is
proposing to delete this provision because this is a cross-reference to
the part 590 regulations and the part 550 regulations. 30 CFR part 590
(subpart A) already expressly provides instructions on how to appeal
any final decision or order of BOEM under chapter V of title 30 of the
CFR (including 30 CFR part 580), with limited exclusions. 30 CFR 590.7
also adopts by reference 30 CFR 550.1409. As such, the cross references
to 30 CFR 550.1409 and 30 CFR part 590 are redundant.
Section 580.34: How can I appeal an order or decision?
As discussed in section III.D of this preamble, the Department is
proposing to delete this provision because this is a cross-reference to
the part 590 regulations. 30 CFR part 590 (subpart A) already expressly
states that the appeals process applies to any final decision or order
of BOEM under Chapter V of Title 30 of the CFR (including 30 CFR part
580), with only limited exceptions, and provides instructions on how to
appeal an order or decision.
Part 581--Leasing of Minerals Other Than Oil, Gas, and Sulphur in the
Outer Continental Shelf
Subpart A--General
Section 581.5: False Statements
The Department is proposing, and as discussed in section III.E of
this preamble, to remove this provision because of redundance. This
regulatory provision identifies a statutory provision (18 U.S.C. 1001)
without adding any requirements specific to OCS mineral leasing.
Section 581.9: Jurisdictional Controversies
The Department is proposing, as discussed in section III.F of this
preamble, to remove this regulatory provision. The statutory provision
that this regulation is based on (43 U.S.C. 1336) applies to mineral
leasing as that term was considered when the statutory section was
adopted in 1953 and refers to ``existing'' leases at the time of
adoption. This regulation generally summarizes the language of an OCSLA
provision, 43 U.S.C. 1336. The jurisdictional controversies over oil
and gas that necessitated the inclusion of this resolution process in
OCSLA are largely settled and are less relevant when extracting hard
minerals. BOEM does not expect that there will be hard mineral deposits
located on or beneath State submerged lands that would be physically
extracted from vessels, facilities, or equipment physically located on
or above the OCS, as is possible with directional drilling and cross-
boundary oil and gas reservoirs. If there is a mineral deposit that
crosses Federal and State jurisdiction, Federal and State regulatory
processes will need to be followed. Moreover, the statutory authority
and process identified in OCSLA is not implicated by the deletion.
Subpart B--Leasing Procedures
Section 581.11: Unsolicited Request for a Lease Sale
The Department is proposing, as discussed in section III.G of this
preamble, to revise section 581.11(b) by replacing ``45 days'' with
``28 days'' to ensure faster processing of such requests. OCSLA does
not specify any timeline for the BOEM Director to decide on an
unsolicited request for a lease sale; it is within the Department's
discretion to reduce the time within which to make this decision.
Part 582--Operations in the Outer Continental Shelf for Minerals Other
Than Oil, Gas, and Sulphur
Subpart A--General
Section 582.7: Jurisdictional Controversies
As discussed in section III.H of this preamble, the Department is
proposing to completely remove the provision. The statutory provision
that this regulation is based on (43 U.S.C. 1336) applies to mineral
leasing as that term was considered when the statutory section was
adopted in 1953 and refers to ``existing'' leases at the time of
adoption. This regulation generally summarizes the language of an OCSLA
provision, 43 U.S.C. 1336. The jurisdictional controversies over oil
and gas that necessitated the inclusion of this resolution process in
OCSLA are largely settled and are less relevant when extracting hard
minerals. BOEM does not expect that there will be hard mineral deposits
located on or beneath State submerged lands that would be physically
extracted from vessels, facilities, or equipment physically located on
or above the OCS, as is possible with directional drilling and cross-
boundary oil and gas reservoirs. If there is a mineral deposit that
crosses Federal and State jurisdiction, Federal and State regulatory
processes will need to be followed. Moreover, the statutory authority
and process identified in OCSLA is not implicated by the deletion.
[[Page 8807]]
Subpart E--Appeals
Section 582.50: Appeals
As discussed in section III.I of this preamble, the Department is
proposing to completely remove this provision because this is a simple
cross-reference and adds no substance. 30 CFR part 590 (subpart A)
already expressly states that the appeals process applies to any final
decision or order of BOEM under chapter V of title 30 of the CFR
(including 30 CFR part 582), with only limited exceptions, and provides
instructions on how to appeal an order or decision.
V. Statutory Order Review
A. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601-612, requires agencies to analyze the
economic impact of regulations issued under 5 U.S.C. 553(b) when a
significant economic impact on a substantial number of small entities
is likely. Agencies must also consider regulatory alternatives that
will achieve the agency's goals while minimizing the burden on small
entities. Because this proposed rule is administrative in nature and
imposes no new requirements on small entities, no such analysis is
required.
B. Small Business Regulatory Enforcement Fairness Act (SBREFA)
The SBREFA, 5 U.S.C. 804(2), requires agencies to perform a
regulatory flexibility analysis, provide guidance, and help small
businesses comply with statutes and regulations for major rulemakings.
This action is not subject to the SBREFA because it: (1) does not have
an annual effect on the economy of $100 million or more; (2) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (3) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
C. Unfunded Mandates Reform Act (UMRA)
The UMRA, 2 U.S.C. 1531-1538, requires agencies, unless otherwise
prohibited by law, to assess the effects of regulatory actions on
State, local and Tribal governments, and the private sector. Section
202 of UMRA generally requires DOI to prepare a written statement,
including a cost-benefit analysis, for each proposed and final rule
with ``Federal mandates'' that may result in expenditures by State,
local, and Tribal governments, in the aggregate, or to the private
sector of $195 million or more in any one year. This action does not
contain any unfunded mandate as described in UMRA 2, U.S.C. 1531-1538,
and does not significantly or uniquely affect small groups. This action
imposes no enforceable duty on any State, local, or Tribal governments,
or the private sector.
D. Paperwork Reduction Act (PRA)
The PRA of 1995 (44 U.S.C. 3501-3521) provides that an agency may
not conduct or sponsor, and a person is not required to respond to, a
``collection of information'' unless it displays a currently valid
Office of Management and Budget (OMB) control number. Collections of
information include requests and requirements that an individual,
partnership, or corporation obtain information and report it to a
Federal agency (44 U.S.C. 3502(3); 5 CFR 1320.3(c) and (k)). This
proposed rule contains collections of information that were submitted
to the OMB for review and approval under 44 U.S.C. 3507(d).
This rule does not contain any new collection of information that
requires approval by the OMB under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The OMB has previously reviewed and approved
the information collection requirements associated with 30 CFR 580,
581, and 582, and assigned the following OMB control numbers:
1010-0072--30 CFR part 580, Prospecting for Minerals other
than Oil, Gas, and Sulphur on the OCS and Authorizations of
Noncommercial G&G Activities (expires 04/30/2028) (826 annual burden
hours and 45 responses, $4,024 non-hour costs),
1010-0082--30 CFR part 581, Leasing of Minerals Others
than Oil, Gas, and Sulphur in the OCS (expires 10/31/2027) (1,004
annual burden hours and 11 responses, $50 non-hour costs), and
1010-0081--30 CFR part 582, Operations in the OCS for
Minerals Other than Oil, Gas, and Sulphur (expires 7/31/2026); (212
annual burden hours and 20 responses, $0 non-hour costs).
In accordance with 5 CFR 1320.10, an agency may continue to conduct
or sponsor these collections of information while the submission is
pending at OMB.
E. National Environmental Policy Act (NEPA)
This proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed environmental analysis under NEPA is not required because the
proposed rule is covered by a categorical exclusion (see 43 CFR
46.205). This proposed rule meets the criteria set forth at 43 CFR
46.210(i) for a Departmental categorical exclusion in that this
proposed rule is ``of an administrative, financial, legal, technical,
or procedural nature.'' DOI has also determined that the proposed rule
does not involve any of the extraordinary circumstances listed in 43
CFR 46.215 that would require further analysis under NEPA.
F. Data Quality Act
In proposing this rule, the Department did not conduct or use a
study, experiment, or survey requiring peer review under the Data
Quality Act (Pub. L. 106-554, app. C, sec. 515, 114 Stat. 2763, 2763A-
153-154). In accordance with the Data Quality Act, the Department has
issued guidance regarding the quality of information that it relies
upon for regulatory decisions. This guidance is available at the
Department's website at: https://www.doi.gov/ocio/policy-mgmt-support/information-and-records-management/iq.
G. Treasury and General Government Appropriations Act of 2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). DOI has reviewed this proposed rule under the
OMB guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
VI. Executive Order Review
A. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
E.O. 12630 ensures that government actions affecting the use of
private property are undertaken on a well-reasoned basis with due
regard for the potential financial impacts imposed by the government.
This action does not effect a taking of private property or otherwise
have taking implications under E.O. 12630; and therefore, a takings
implication assessment is not required.
[[Page 8808]]
B. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
E.O. 12866 gives OMB the authority to review regulatory actions
that are categorized as ``significant''; i.e., those actions that are
likely to result in a rule that may:
Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy; a sector of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or Tribal governments or
communities;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impacts of entitlements,
grants, user fees or loan programs or the rights and obligations of
recipients thereof; or
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the OMB will review all significant rules. OIRA has
determined that this action is not a significant regulatory action, and
therefore, it was not submitted to OMB for review.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability and reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. The Department has developed this rule in a
manner consistent with these requirements.
C. Executive Order 12988: Civil Justice Reform
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(1) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(2) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
D. Executive Order 13132: Federalism
E.O. 13132 (64 FR 43255) revoked and replaced E.O. 12612
(federalism) and 12875 (Enhancing the Intergovernmental Partnership).
E.O. 13132 took effect on November 2, 1999, and thus applies to actions
published on or after that date. Sections 3 and 6 of E.O. 13132 apply
to policies with federalism implications, defined in the E.O. as
including actions that have ``substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government.''
Regulatory actions that have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government are subject to E.O. 13132. Under the
criteria in section 1 of E.O. 13132, this proposed rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. It will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
E.O. 13175 defines polices that have Tribal implications as
regulations, legislative comments or proposed legislation, and other
policy statements or actions that will or may have a substantial direct
effect on one or more Indian Tribes, or on the relationship between the
Federal Government and one or more Indian Tribes. Additionally, the
DOI's consultation policy for Tribal Nations and ANCSA Corporations, as
described in Departmental Manual part 512 chapter 4, expands on the
above definition from E.O. 13175 and requires that BOEM invite Indian
Tribes and ANCSA Corporations ``early in the planning process to
consult whenever a Departmental plan or action with Tribal Implications
arises.'' BOEM strives to strengthen its government-to-government
relationships with Tribal Nations through a commitment to consultation
with Tribes, recognition of their right to self-governance and Tribal
sovereignty, and honoring BOEM's trust responsibilities for Tribal
Nations.
BOEM evaluated the proposed rule under the DOI's consultation
policy and under the criteria in E.O. 13175, and determined that it has
no substantial direct effects on federally recognized Tribe or ANCSA
Corporation, as defined in the Department's Tribal consultation policy,
and therefore consultation is not required.
F. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
E.O. 13211 was issued on May 22, 2001, and requires Federal
agencies to prepare a ``Statement of Energy Effects'' when undertaking
certain regulatory actions. A Statement of Energy Effects describes the
adverse effects of a ``significant energy action'' on energy supply,
distribution and use; reasonable alternatives to the action; and the
expected effects of the alternatives on energy supply, distribution,
and use.
This action is not subject to E.O. 13211, because this rulemaking
does not include any adverse effects on energy supply, distribution, or
use including a shortfall in supply, price increases, or increased use
of foreign energy supplies.
G. Executive Order 14154: Unleashing American Energy
Section 3 of E.O. 14154 requires immediate review of all agency
actions that potentially burden the development of domestic energy
resources. The Department has reviewed E.O. 14154 and believes this
proposed rule is consistent with its requirements.
H. Executive Order 14156: Declaring a National Energy Emergency
Section 1 of E.O. 14156 declares a national emergency because
``[o]ur Nation's current inadequate development of domestic energy
resources leaves us vulnerable to hostile foreign actors and poses an
imminent and growing threat to the United States' prosperity and
national security.'' Section 2 instructs the heads of executive
departments and agencies to identify and exercise any lawful emergency
authorities available to them to facilitate the identification,
leasing, siting, production, transportation, refining, and generation
of domestic energy resources. While the proposed rule does not directly
address any emergency actions related to facilitating the
identification, leasing, siting, production, transportation, refining,
and generation of domestic energy resources, this proposed rule is
intended to promote exploration and development of marine minerals,
including critical minerals, that may support fabrication and
manufacturing of components necessary to support domestic energy
development.
[[Page 8809]]
I. Executive Order 14172: Restoring Names That Honor American Greatness
Section 4 of E.O. 14172 directs the Secretary of the Interior to
take appropriate actions to rename the area formerly known as the Gulf
of Mexico to the ``Gulf of America.'' The Gulf of America is now the
U.S. Continental Shelf area bounded on the northeast, north, and
northwest by the States of Texas, Louisiana, Mississippi, Alabama, and
Florida and extends to the seaward boundary with Mexico and Cuba. BOEM
previously replaced all Gulf of Mexico references in 30 CFR parts 580,
581, and 582 with Gulf of America with a final rule (90 FR 24066),
published on June 6, 2025.
J. Executive Order 14192: Unleashing Prosperity Through Deregulation
E.O. 14192 requires that for each new regulation issued, at least
10 prior regulations be identified for elimination. As stated in
section 3(c), any incremental costs associated with new regulations
shall be offset by the elimination of existing costs associated with at
least 10 prior regulations. While not quantifiable, this action
proposes to reduce the existing regulatory burden by removing
unnecessary regulatory provisions.
K. Executive Order 14285: Unleashing America's Offshore Critical
Minerals and Resources
On April 24, 2025, the President signed E.O. 14285 Unleashing
America's Offshore Critical Minerals and Resources. This E.O. directs
the departments and agencies to advance United States leadership in
seabed mineral development by rapidly developing capabilities for
exploration, characterization, collection, and processing of seabed
mineral resources through streamlined permitting without compromising
environmental protection and transparency. Section 3(b) of the E.O.
dictates that the Secretary of the Interior will ``establish an
expedited process for reviewing and approving permits for prospecting
and granting leases for exploration, development, and production of
seabed mineral resources within the United States Outer Continental
shelf under the Outer Continental Shelf Lands Act'' by June 23, 2025.
Additionally, section 3(b) dictates that the [Secretary] will identify
potential seabed critical mineral resources and coordinate with the
Secretary of Defense and the Secretary of Energy to determine which
could be essential for applications such as defense infrastructure,
manufacturing, and energy.
The Department is proposing this regulatory action to address E.O.
14285 by streamlining BOEM regulations at 30 CFR parts 580, 581, and
582 for prospecting, leasing, and operations related to critical
minerals located on the OCS. If finalized, some of the regulatory
amendments proposed with this action could allow the U.S. to more
quickly access resources in seabed polymetallic nodules, other subsea
geologic structures, and coastal deposits containing strategic minerals
such as nickel, cobalt, copper, manganese, titanium, and rare earth
elements. These resources are key to strengthening the U.S. economy,
securing the U.S. energy future, and reducing dependence on foreign
suppliers for critical minerals.
List of Subjects
30 CFR Part 580
Environmental assessment, Data, Geological and geophysical (G&G),
Mineral resources, Outer continental shelf, Reporting and recordkeeping
requirements, Research.
30 CFR Part 581
Administrative practice and procedure, Government contracts,
Intergovernmental relations, Mineral resources, Mineral royalties,
Outer continental shelf, Reporting and recordkeeping requirements,
Surety bonds.
30 CFR Part 582
Administrative practice and procedure, Environmental protection,
Government contracts, Intergovernmental relations, Mineral resources,
Mineral royalties, Outer continental shelf, Penalties, Reporting and
recordkeeping requirements, Surety bonds.
This action by the Assistant Secretary is taken pursuant to an
existing delegation of authority.
Lanny E. Erdos,
Director, Office of Surface Mining, Reclamation, and Enforcement,
Exercising Authority of the Assistant Secretary--Land and Mineral
Management.
For the reasons stated in the preamble, the Department of the
Interior proposes to amend 30 CFR chapter V as follows:
PART 580--PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR
ON THE OUTER CONTINENTAL SHELF
0
1. The authority citation for part 580 is amended to read as follows:
Authority: 43 U.S.C. 1331 et seq; 30 U.S.C. 1751; 31 U.S.C.
9701; 33 U.S.C. 2704, 2716.
Subpart C--Obligations Under This Part
0
2. Remove and reserve Sec. 580.29.
Sec. 580.29 [Reserved]
0
3. Remove and reserve Sec. 580.30.
Sec. 580.30 [Reserved]
0
4. Remove and reserve Sec. 580.31.
Sec. 580.31 [Reserved]
0
5. Remove and reserve Sec. 580.33.
Sec. 580.33 [Reserved]
0
6. Remove and reserve Sec. 580.34
Sec. 580.34 [Reserved]
PART 581--LEASING OF MINERALS OTHER THAN OIL, GAS, AND SULPHUR IN
THE OUTER CONTINENTAL SHELF
0
7. The authority citation for part 581 is amended to read as follows:
Authority: 43 U.S.C. 1331 et seq.; 43 U.S.C. 1334; 43 U.S.C.
1337 (k)(1); 30 U.S.C. 1751; 31 U.S.C. 9701; 33 U.S.C. 2704, 2716.
Subpart A--General
0
8. Remove and reserve Sec. 581.5.
Sec. 581.5 [Reserved]
0
9. Remove and reserve Sec. 581.9.
Sec. 581.9 [Reserved]
Subpart B--Leasing Procedures
0
10. Amend Sec. 581.11 by revising paragraph (b) to read as follows:
Sec. 581.11 Unsolicited request for a lease sale.
* * * * *
(b) Within 28 days after receipt of a request submitted under
paragraph (a) of this section, the Director shall either initiate steps
leading to the offer of OCS minerals for lease and notify the applicant
of the action taken or inform the applicant of the reasons for not
initiating steps leading to the offer of OCS minerals for lease.
* * * * *
PART 582--OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS
OTHER THAN OIL, GAS, AND SULPHUR
0
11. The authority citation for part 582 is amended to read as follows:
Authority: 43 U.S.C. 1331 et seq.; 43 U.S.C. 1334; 43 U.S.C.
1337(k)(1); 30 U.S.C. 1751; 31 U.S.C. 9701; 33 U.S.C. 2704, 2716.
Subpart A--General
0
12. Remove and reserve Sec. 582.7.
[[Page 8810]]
Sec. 582.7 [Reserved]
Subpart E--Appeals
0
13. Remove and reserve Sec. 582.50.
Sec. 582.50 [Reserved]
[FR Doc. 2026-03690 Filed 2-23-26; 8:45 am]
BILLING CODE 4340-98-P