Congress Scuttles Ocean Artifact Protection Rule: BOEM's Marine Archaeology Regs Nullified

This joint resolution throws out a recent rule by the Bureau of Ocean Energy Management (BOEM) designed to protect underwater archaeological sites (89 Fed. Reg. 71160). Basically, Congress is hitting the brakes on new regulations meant to preserve things like shipwrecks and other historical artifacts found on the ocean floor.

Deep-Sixing the Details

The BOEM's rule was all about setting up clearer guidelines for protecting marine archaeological resources. Think of it like this: if you're a company doing construction offshore and you stumble upon an old shipwreck, what are your obligations? The now-defunct rule was meant to spell that out. By disapproving this rule, Congress essentially wipes it off the books. This means there's no new federal standard for how these sites are handled during activities like offshore energy development or construction (though other, older laws may still apply, see below).

Real-World Ripple Effects

Imagine you're a fishing trawler operating in an area known for historical shipwrecks. Without specific, up-to-date federal rules, there's more uncertainty about what happens if your nets snag on something potentially significant. Or, flip the script: you're running a company planning to lay undersea cables. The scrapped BOEM rule might have added steps to your project – surveys, mitigation plans – but it also provided a clear process. Now, that process is gone, at least for the moment. The resolution means that the regulatory landscape reverts to what it was before the BOEM rule, potentially creating a patchwork of older regulations and less clarity.

The Bigger Picture & Potential Challenges

This move highlights the tension between preserving our underwater heritage and allowing economic activity in the oceans. While existing laws like the Archaeological Resources Protection Act and the National Historic Preservation Act do offer some protection to archaeological sites, the BOEM rule was intended to modernize and clarify those protections specifically for the Outer Continental Shelf. The challenge now is ensuring that valuable historical sites aren't lost or damaged due to a lack of clear, enforceable rules. It also raises the question of what comes next – will Congress or BOEM propose a different approach to protecting these resources?