BOEM proposes new rule to protect shipwrecks, other marine archaeological resources

Offshore staff

WASHINGTON, DC – The Bureau of Ocean Energy Management (BOEM) has proposed regulatory changes to its marine archaeology reporting requirements for activities proposed on the Outer Continental Shelf (OCS).

The agency says that the proposed rule is designed to better protect shipwrecks and other cultural resources on the seabed from harm due to offshore energy activities.

Currently, lessees and operators are only required to submit a marine archaeological report for oil and gas exploration and development plans if they are surveying an area that a BOEM regional director believes may contain an archaeological resource.

After evaluating over 40 years of empirical evidence collected by and for the oil and gas industry, academic institutions, and state and federal agencies, BOEM has determined that previously undiscovered archaeological resources may be present in any part of the OCS, regardless of the lack of any historical or predictive modeling evidence.

Therefore, the proposed changes require archaeological reports for all areas where a lessee or operator is proposing oil and gas exploration and development activities on the OCS. The proposed changes will also update the procedure for continuing operations when the archaeological report suggests that a resource may be present and what to do if an unanticipated archaeological resource is discovered during operations.

A notice of proposed rulemaking and request for comment was published in the Federal Register on Feb. 15, 2023, for a 60-day comment period ending on April 17, 2023.

02.18.2023