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.