A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Ocean Energy Management relating to "Protection of Marine Archaeological Resources".
Click any stage to learn more about the legislative process.
This joint resolution nullifies a Bureau of Ocean Energy Management rule that required oil and gas lessees on the Outer Continental Shelf to submit an archaeological report with every exploration or development plan.
By eliminating the rule under the Congressional Review Act, it reinstates the prior, narrower standard requiring such reports only when a regional director has reason to believe archaeological resources may be present.
What this law does
What it does
The joint resolution disapproves and nullifies a Bureau of Ocean Energy Management (BOEM) final rule titled "Protection of Marine Archaeological Resources," published September 3, 2024. That rule had required oil and gas lessees and operators to submit an archaeological report identifying material remains of human life or activity at least 50 years old with every exploration or development plan submitted for Outer Continental Shelf activities. Because it acts under the Congressional Review Act, the resolution's disapproval has the legal effect of restoring the regulations previously in effect, under which BOEM could require an archaeological report only if a regional director had reason to believe an archaeological resource might be present in the lease area. The resolution does not create any new regulatory standard itself; it simply voids the 2024 rule.
Key provisions
- 1Disapproves the BOEM rule "Protection of Marine Archaeological Resources" (89 Fed. Reg. 71160, September 3, 2024), voiding it entirely.
- 2Provides that the disapproved rule shall have no force or effect, triggering reinstatement of the prior regulatory standard under the Congressional Review Act.
Who is affected
Oil and gas companies that lease and operate on the Outer Continental Shelf, BOEM regional offices that review exploration and development plans, and archaeologists or preservation groups concerned with underwater cultural and historical resources.
Why it matters
Lessees and operators no longer have to submit an archaeological report with every plan; they must only do so when a BOEM regional director has specific reason to believe archaeological resources may be present. This narrows required screening for undersea historical and cultural sites during oil and gas development.
What changed
Changes to existing law
Repeals Protection of Marine Archaeological Resources rule (BOEM, 89 Fed. Reg. 71160)
Nullifies the rule, ending the requirement to submit an archaeological report with every exploration/development plan.
Agencies directed to act
Effective dates
- The disapproval and nullification of the BOEM rule
Legislative status & sources
Latest action
Became Public Law No: 119-3.
Official CRS summary
Show the CRS summaryHide the CRS summary
This joint resolution rescinds a requirement for lessees and operators to submit an archaeological report with any oil and gas exploration or development plan they submit to the Bureau of Ocean Energy Management (BOEM) for approval of activities proposed on the Outer Continental Shelf. (An archaeological report identifies material remains of human life or activities that are at least 50 years old and that are of archaeological interest.)
Specifically, the joint resolution nullifies BOEM's final rule titled Protection of Marine Archaeological Resources and published on September 3, 2024.
Nullifying this rule requires BOEM to reinstate regulations that were previously in effect and authorized BOEM to require an archaeological report only if a BOEM regional director has reason to believe that an archaeological resource may be present in the lease area.
Legislative subjects
Administrative law and regulatory procedures; Archaeology and anthropology; Historical and cultural resources; Marine and coastal resources, fisheries; Oil and gas; Public Lands and Natural Resources