Protection of Marine Archaeological Resources Final Rule Frequently Asked Questions

Overview:

The Department of the Interior (the Department or DOI) finalized regulatory amendments, to be administered by the Bureau of Ocean Energy Management (BOEM), to require lessees and operators to submit an archaeological report with any oil and gas exploration or development plan they provide to BOEM for approval of proposed activities on the Outer Continental Shelf (OCS). The previous regulations required an archaeological report only if the plan covered an area that a BOEM Regional Director had “reason to believe” may have contained an archaeological resource. This final rule increases the protection of archaeological resources in compliance with section 106 of the National Historic Preservation Act (NHPA) by acknowledging that there is a greater likelihood that such resources exist, thereby increasing the likelihood that these resources will be located and identified before they can be inadvertently damaged by an OCS operator. This rule defines the minimum level of survey information necessary to support the conclusions in the archaeological report, the procedures for reporting possible archaeological resources and continuing operations when a possible resource is present, and what to do if an unanticipated archaeological resource is discovered during operations. The Protection of Marine Archaeological Resources final rule can be found here.

Questions:

1) How will I know if my archaeological survey is acceptable with regard to these standards? 

These new standards for archaeological surveys are generally defined in terms based on the performance capabilities of geophysical instrumentation for adequate seafloor coverage, rather than using specific parameters like those found in the prior guidance under NTL 2005-G07. 

This new approach affords lessees and operators greater flexibility in designing their surveys to produce adequate archaeological survey reports. This will require a qualified marine archaeologist and geophysical survey technicians to carefully design their surveys considering the capabilities of the selected instrumentation.  A qualified marine archaeologist meets the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738- 44739) and has experience in conducting HRG surveys and processing and interpreting the resulting data for archaeological potential.

After you submit an archaeological resource report, BOEM will determine whether the archaeological resource survey report is complete and adequate for evaluating your geophysical interpretations and archaeological conclusions. If the archaeological survey report is not complete and adequate for evaluation, BOEM will notify you in writing of the deficiencies and identify the data or information necessary to correct or complete the report.  Please see this document BOEM Archaeological Report Template and Information for more information on the format and content of archaeological survey reports as well as the survey requirements defined under 30 CFR § 550.194(c).  

2) What if I already have a survey for my lease but it doesn’t conform to these new standards? 

30 CFR § 550.194(c)(6) states that “[a]n archaeological survey conducted prior to the effective date of these regulations may be used in lieu of conducting a new survey, subject to BOEM approval, provided the lessee or operator can demonstrate that such survey was conducted in such a manner as to meet the objectives of this paragraph (c).”

30 CFR § 550.194(c) states that “The geophysical survey resolution for the surveys ... must be sufficiently detailed to identify potential archaeological resources and must be performed using instrumentation and methodology that is state-of-the-art and that meets or exceeds scientific standards for conducting marine archaeological surveys.”

If you would like to submit an existing survey to BOEM for review and approval, please reach out to the appropriate regional contact through the email addresses listed below:  

3) What will happen to NTL No. 2005-A03, NTL No. 2005-G07, NTL No. 2006-P03, and Guidance for Compliance with Mitigation 3.20 Avoidance of Archaeological Resources? 

The NTLs and prior guidance (2005-A03, 2005-G07, 2006-P03, and Guidance for Compliance with Mitigation 3.20 Avoidance of Archaeological Resources) listed above were rescinded on October 3, 2024, but remain on the BOEM website as a reference for applicable leases under 30 C.F.R. § 550.194(h) through September 3, 2025. New leases issued on or after October 3, 2024, will be subject to the final rule.   

4) Why has BOEM replaced specific lane spacing requirements with performance standards? 

The new regulations allow for more flexibility in the design of survey. High resolution geophysical survey instruments often improve over time and have better capabilities than previous generations, which can mean that operators can alter survey designs (e.g., lane spacing, tow height) while meeting the performance standards. 

During an archaeological survey, lessees or operators who deploy different sensors that are run concurrently will need to collect and process the data to meet the performance standards, which could entail different survey intervals.  Question 6 below provides additional information regarding line spacing while performing the survey.    
 

5) We noticed that contouring of magnetometer data is now required. Must the data be contoured or would rendering be acceptable if it provides the intended anomaly maps? 

BOEM understands that traditional contouring of magnetic data can produce sizeable and complicated computer-aided design (CAD) files. Rendering of magnetic data is acceptable and instead produces an image file that, when properly mapped, will produce similar data necessary for BOEM’s purposes. For example, one method for producing contours for magnetic data, either by gamma value or absolute value, is the BOEM Magnetic Data Visualization Tool. It produces contours, based on user-inputted survey parameters, within a geodatabase, and it can also conduct confidence modeling for detecting a ferrous mass within the survey area. 

The latest version of the Tool can be found here; however, BOEM wants to make clear that it is not requiring the use of this Tool. It is one option that is available to produce magnetic contours. The objective is to understand the shape and directionality of magnetic anomalies to better differentiate between debris and possible remains of a shipwreck.  

6) How will BOEM determine if various sonar and magnetometer/gradiometer methodologies are consistent and compliant? 

For sonar data, the determination will be made based on the resolution of your data including the frequency of the instrument and the range at which the data were collected. Along-track resolution will need to be factored in when collecting side scan sonar data or reviewing previously acquired data. 

Magnetometer/gradiometer data should show altitude information (height above the seafloor) of the sensor and your line spacing. Those factors will be used in data review to ensure adequate coverage and survey confidence based on the probability of detection for ferrous material. An example of a method for magnetometer data processing and confidence modeling can be found in BOEM 2014 Study (OCS Study, BOEM 2014-615). 

Magnetic data contouring is now required under 30 CFR § 550.194(c)(2). BOEM has determined, according to the best available information, a lane spacing of 30 m at an altitude of no more than 6 m above the seafloor should be sufficient to detect ferrous metals or other magnetically susceptible materials of at least 1,000 pounds (453 kilograms) in mass with a minimum magnetic deflection of 5 gamma (γ; 5 nanotesla [nT]). To accomplish this, the instrument’s sensitivity must be 1 γ (1 nT) or less as per the revised 550 regulations, and, in addition, background noise level must not exceed a total of 3 γ peak to peak with data samples of at least 2 points per meter along the survey track.

7) How will this rule affect the application of the 3.20 mitigation? 

BOEM is rescinding the document “Guidance for Compliance with Mitigation 3.20 Avoidance of Archaeological Resources.” The rescinded 3.20 mitigation will remain on BOEM’s website as a reference for applicable leases under 30 CFR § 550.194(h) through September 3, 2025.  

The 3.20 mitigation will no longer be needed since the new rule requires your exploration plan, development operations coordination document, or development and production plan that proposes activities involving disturbance of the seafloor be accompanied by 

(1) an archaeological report based on high-resolution geophysical survey 

(2) reference to a previously submitted lease survey, or 

(3) evidence demonstrating to BOEM’s satisfaction that a reasonable and good faith effort to identify archaeological resources within the Area of Potential Effects (APE) has already been performed, provided that the past efforts are sufficient to identify possible marine archaeological resources at a degree of certainty reasonably similar to or better than an HRG survey. For more detail, please see 30 CFR § 550.194(a).

8) How will this rule affect the Office of Renewable Energy Programs (OREP) Guidelines for Providing Archaeological and Historic Property Information 

These new regulations are specific to BOEM’s oil and gas program only. OREP is not rescinding its guidelines.  Also, for renewable leases, the Gulf of America Region applies the OREP guidelines.  More information can be found at the following webpage Renewable Energy NHPA Section 106 Consultations

9) How should all potentially affected OCS lessees and other parties be notified of survey actions and schedules prior to survey mobilization. 

Lease sale notices may include stipulations or information-to-lessees clauses that require or encourage additional coordination with other parties (e.g. subsistence users, local communities, commercial fishing organizations, potentially affected OCS lessees). You are advised to review these provisions and associated requirements for applicability to your proposed survey. If part of your survey will occur in state waters, you should contact the appropriate state agency to ascertain and must comply with any and all applicable state requirements.

10) What is the required notification and action after discovery of shipwrecks or other archeological resources encountered during operations? 

Please refer to the requirements under 30 C.F.R. § 550.195(a)-(b):  

(a) If you discover any unanticipated archaeological resources while conducting operations on the lease or right-of-way area, you must immediately halt seafloor disturbing operations within at least 305 meters (1,000 feet) of the area of the discovery and report the discovery to the Regional Director within 72 hours. 

(b) If BOEM determines that the resource may be eligible for listing on the National Register of Historic Places in accordance with the applicable regulations, the Regional Director will specify measures you must take to protect the resource during operations and activities.

11) Does BOEM have recommendations on the submittal timing and/or format of archaeological reports? 

Please see the recommended report template and additional information at this link: BOEM Archaeological Report Template and Information

12) Why did BOEM move from specifying sonar object detection rather than resolving a sonar target? 

In response to comments in the draft rule, BOEM revised the phrasing in the final rule to refer to along-track detection and replaced the word “resolve” with the word “detect” in 30 CFR § 550.194(c)(4) of the final rule. BOEM uses the term “detect” to mean discovering or determining the presence of an object. In the draft version of the rule, “resolve” referred to the ability “make clear” one object from another and could potentially require additional data or tighter line spacing than simply detecting the presence of a seafloor feature or object. 

Past BOEM guidance recommended one hundred percent overlapping coverage for the detection of archaeological resources, but the overlapping coverage is now required under the rule. However, the revised regulation, in 30 CFR § 550.194(c)(4), is intended to be objective based and encourage operators and geophysical contractors to propose the methods best suited to achieving the end objectives, including detection and evaluation of seafloor objects and features as small as 0.5 meter in size within the survey area.  With current technology, it is expected that line spacing would not significantly change from the prior regional NTL to meet the size detection requirements. As technology improves, the distance between survey transects may actually increase while still detecting objects and features as small as 0.5 meters in size.

13) How do the new regulations apply to pipelines? 

Actions associated with pipelines are under the purview of the Bureau of Safety and Environmental Enforcement (BSEE).  This rule (30 CFR Part 550) is specific to BOEM and does not cover BSEE activities. The rule will have no immediate effect on pipeline pre-lay surveys, referenced in BSEE’s regulations at 30 CFR Part 250. Lessees and operators should continue to follow existing established methods for surveys conducted on behalf of such activities, including data collection over the pipeline centerline, a centerline offset, and a corridor width sufficient for all associated bottom disturbances. 

BSEE is developing updated guidance for pipeline surveys that is consistent with BOEM’s new regulations. BOEM will update this page when BSEE’s pipeline survey guidance is available. For further questions related to archaeological requirements associated with pipeline activities, please email BSEE at env-compliance-arc@bsee.gov.