Section 8(k) of the Outer Continental Shelf (OCS) Lands Act (43 U.S. Code 1337) and implementing regulations (30 CFR Part 583) allow BOEM to noncompetitively negotiate the use of OCS sand, gravel, and shell resources in coastal restoration, beach nourishment, and construction projects authorized by, or funded in whole or part, by the Federal Government.
Beach nourishment at Sandbridge Beach, VA (USACE Norfolk District)
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The noncompetitive leasing process for marine minerals begins when a federal agency, state agency, or local government submits a request to BOEM. Qualification for and preparation of a noncompetitive negotiated agreement is a multi-step process and typically takes about 12 months. This includes project-specific environmental review and other evaluations related to the proposed use of the mineral resource.
During this process, BOEM may prepare, cooperate with another Federal agency to prepare, or coordinate with a non-federal partner and contractor to prepare a National Environmental Policy Act (NEPA) document. BOEM consults and coordinates with other federal and state agencies to ensure potential environmental impacts are properly evaluated and, if possible, mitigated.
Contact the Marine Minerals Division at marineminerals@boem.gov for additional information.
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