BOEM Announces New Rules for Protection of Shipwrecks

The US Bureau of Ocean Energy Management (BOEM) has finalized new regulations to better protect shipwrecks and other cultural resources on the seabed from potential harm due to offshore oil and gas activities.

The final rule requires lessees and operators to submit an archaeological report with any exploration or development plan they submit to BOEM for proposed activities on the U.S. Outer Continental Shelf (OCS). The report must detail procedures for reporting the discovery of possible archaeological resources and how operations will avoid or minimize harm if archaeological resources are present.

The report will be required 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 the conclusions in the report and requires that a qualified marine archaeologist collect and analyze survey data.

It 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, October 3, 2024.