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Protection of Marine Archaeological Resources rule (2024)
| What is a significant rule? Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition. |
| Protection of Marine Archaeological Resources | |
| Agency: Bureau of Ocean Energy Management | |
| Action: Final rule | |
| Res. of disapproval status: Enacted - rule nullified | |
| Type: Not significant | |
| Federal code: 30 CFR Part 550 | |
| Estimated cost:[1] $5.9 million | |
| Estimated benefit:[1] $0 | |
| Policy topics: Environmental regulation, Energy | |
The Protection of Marine Archaeological Resources rule is a rule issued by the Bureau of Ocean Energy Management (BOEM) designed to go into effect on October 3, 2024, that requires an archeological report to be included in any plan for oil and gas exploration or development submitted to BOEM for approval.[2]
The rule was published on September 3, 2024, and became effective on October 3, 2024. A joint resolution of disapproval to nullify the rule under the Congressional Review Act (CRA), S.J. Res. 11, passed both chambers of Congress and was presented to President Donald Trump (R) for signature on March 10, 2025.
Timeline
The following timeline details key rulemaking activity:
- March 14, 2025
President Donald Trump (R) signed the joint resolution of disapproval into law.[4]
- March 6, 2025
Joint resolution of disapproval was passed by the House.[4]
- February 25, 2025
The Senate passed the joint resolution of disapproval.[4]
- February 4, 2025
Joint resolution of disapproval was introduced in the Senate.[4]
- October 3, 2024
The final rule took effect.[2]
Background
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Previous BOEM regulations required an archeological report only if the agency had reason to believe that archeological resources existed in an area proposed for oil and gas exploration or development. This rule requires submission of an archeological report regardless of the proposed location, specifying survey information necessary for the report and how applicants must proceed if a resource is suspected or discovered. Its goal, according to BOEM, is to increase protection of such resources in compliance with the National Historic Preservation Act (NHPA).
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:[2]
| “ | The Department of the Interior (the Department or DOI), acting through the Bureau of Ocean Energy Management (BOEM), is finalizing regulatory amendments to require 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).
|
” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[2]
| “ | The two major provisions finalized in this rule are: (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 result in seabed disturbance must be accompanied by an archaeological report, and (2) the codification of minimum requirements for any new high-resolution geophysical (HRG) surveys. The standards for new HRG surveys are generally defined in performance terms based on scientific standards, rather than using specific parameters. This provision allows lessees and operators greater flexibility in determining how to conduct their surveys and how to produce the resulting archaeological reports.[5] | ” |
Responses to the rule and the resolution of disapproval
Supporting the rule
BOEM Director Elizabeth Klein said, “Improving reporting requirements will increase our ability to proactively identify marine archaeological resources and decrease the likelihood of unintentional damage caused by OCS 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.”[6]
Opposing the rule
Concerning the marine archaeological resources rule, Rep. Nick Begich (R-AK) said, “By requiring costly archaeological reports before companies can even explore on the Outer Continental Shelf, this particular rule delayed investment, drove up costs, and discouraged the very production we need to achieve energy independence. I was proud to support this resolution to roll back yet another Biden-era regulation that locked up American energy producers.[7]
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[2]
The text of the rule states that OMB deemed this rule not significant under E.O. 12866:
| “ | Executive Order (E.O.) 12866, as amended by E.O. 14094, provides that the Office of Information and Regulatory Affairs (OIRA) in OMB will review all significant rules. OIRA has determined that this final rule is not a significant action under E.O. 12866.[5] | ” |
Text of the rule
The full text of the rule is available below:[2]
See also
- Overview of significant federal agency rules
- Overview of significant federal agency rules (2024)
- Significant rule
- REINS Act
- Congressional Review Act
External links
Footnotes
- ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 The Federal Register, "Protection of Marine Archaeological Resources," accessed March 14, 2025
- ↑ Federal Register, "Protection of Marine Archeological Resources (2024)," accessed March 10, 2025]
- ↑ 4.0 4.1 4.2 4.3 Congress.gov, "Senate Joint Resolution 11 (2025)," accessed March 10, 2025
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Issue Voter, "Should Congress overturn protections for marine archaeological sites?" accessed March 15, 2025
- ↑ Alaska Native News, "Congressman Nick Begich Applauds House Passage of S.J. Res. 11 to Overturn Burdensome BOEM Rule on Offshore Energy Development," March 11, 2025
