Should Congress overturn protections for marine archaeological sites?

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Bill Summary

This resolution is meant to reject a rule issued by the Bureau of Ocean Energy Management (BOEM) concerning the protection of marine archaeological resources. The rule intended to establish or update regulations for preserving historical and cultural sites found underwater, such as shipwrecks or ancient artifacts. Before digging or installing pipelines, oil firms must search the ocean floor for these shipwrecks or other cultural artifacts. However, Congress is using its authority under the Congressional Review Act to block the rule, meaning it would not take effect – if it passes the vote. Sponsor: Senator John Kennedy (Republican, Louisiana)
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Opponents say

•      "The Bureau of Ocean Energy Management (BOEM) today announced that it has finalized new regulations to better protect shipwrecks and other cultural resources on the seabed from potential harm due to offshore oil and gas activities. The final rule requires lessees and operators to submit an archaeological report with any exploration or development plan they submit to BOEM for proposed activities on the U.S. Outer Continental Shelf (OCS). The report must detail procedures for reporting the discovery of possible archaeological resources and how operations will avoid or minimize harm if archaeological resources are present. “Improving reporting requirements will increase our ability to proactively identify marine archaeological resources and decrease the likelihood of unintentional damage caused by OCS activities,” said BOEM Director Elizabeth Klein. “This step is necessary to ensure compliance with the National Historic Preservation Act, protect cultural heritage, and promote responsible development of offshore energy resources.” This final rule increases the protection of archaeological resources by requiring OCS operators to submit an archaeological report with any plan that proposes to disturb the seabed, rather than only where the BOEM regional director has reason to believe archaeological resources may be present. The rule defines the survey standards that lessees and operators must follow to support the conclusions in archaeological reports and requires that a qualified marine archaeologist collect and analyze survey data. It provides a one-year phase-in period for existing leaseholders; all new lessees will be required to apply the requirements of the final rule from the effective date." Source: BOEM, via a press release

Proponents say

•      "Kennedy explained in a speech on the Senate floor that the Biden administration’s rule places an immense burden on small oil and natural gas producers by forcing them to map the ocean floor in search of shipwrecks before they could begin production. Key excerpts of the speech: We've surveyed the entire Gulf of America in the 87 years since we started drilling there. We have surveyed 311,652 square nautical miles—the surface area of Texas and California put together. That's how we found 4,000 shipwrecks, and it's cost hundreds of hundreds of millions of dollars. So, we know what's there. [...] Well, in Sept. 2024, the Department of Interior—in a midnight regulation in an effort to try to further hurt fossil fuels—passed a new rule, and they said, ‘Look, we know we’ve surveyed the entire Gulf . . . but every time you drill a new well, we want you to survey again.’ Why? I mean, what's the benefit? [...] So, I’m going to try to kill the regulation today under what—as you know, Mr. President—is called the Congressional Review Act. [...] I realize that common sense, as I’ve said before, is illegal in Washington. This is not a normal place, but I hope folks who still have common sense will vote to get rid of this foolish rule." Source: Senator John Kennedy (Republican, Louisiana), the sponsor of this joint-resolution