BOEM proposes to create a new part 583
of the Code of Federal Regulations by this rulemaking to address
the use of OCS sand, gravel, and shell resources for its marine
minerals program. The Outer Continental Shelf Lands Act requires
BOEM enter into a negotiated agreement when the use of OCS sand,
gravel and shell resources are authorized for use in qualifying
projects. This final rule addresses the use of OCS sand, gravel,
and shell resources for shore protection, beach restoration, or
coastal wetlands restoration projects by Federal, State, or local
government agencies, and for use in construction projects
authorized by or funded in who or in part by the Federal
Government. The final rule describes the negotiated noncompetitive
agreement process for qualifying projects and codifies new and
existing procedures.
US Code:
43 USC 1331-1356 Name of Law: Outer Continental Shelf Lands
Act
This rulemaking will add 243
burden hours as a program increase due to new regulatory
requirements that are OCS specific. There are no non-hour cost
burdens associated with this collection. BOEM has been exercising
statutory authority regarding OCS sand, gravel and shell resources
under the Act pursuant to written guidelines, without the benefit
of implementing regulations. Over fifty noncompetitive agreements
have been negotiated, providing for the use of more than 100
million cubic yards of OCS sand, gravel and shell resources for
shore protection, beach restoration, or coastal wetlands
restoration undertaken by a Federal, State or local government
agency, and for Federally authorized or funded construction
projects. BOEM believes that the promulgation of regulations at
this time is advisable in order to provide additional clarity and
certainty and to help ensure continuity of the Marine Minerals
Program.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.