BOEM Finalizes New Protections for Marine Archaeological Resources

Image: Bureau of Ocean Energy Management.

New regulations finalized by the Bureau of Ocean Energy Management on Aug. 30 intend to better protect shipwrecks and other cultural resources on the seabed from adverse impacts of offshore oil and gas activities.

Under the final rule, which is effective Oct. 3, lessees and operators are required to submit an archaeological report along with any exploration or development plan for proposed activities on the U.S. Continental Shelf (OCS).

The report must detail procedures for reporting discovery of possible archaeological resources and how operations would avoid or minimize harm if archaeological resources are present.

BOEM Director Elizabeth Klein said that improving reporting requirements increases BOEM’s ability to proactively identify marine archaeological resources and decrease the likelihood of unintentional damage caused by outer continental shelf activities.

“This step is necessary to ensure compliance with the National Historic Preservation Act, protect cultural heritage, and promote responsible development of offshore energy resources,” she said.

According to BOEM, the rule increases protection of archaeological resources by requiring those operating on the OCS 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 conclusions in archaeological reports. It requires that a qualified marine archaeologist collect and analyze survey data.  It also 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.