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Protective Measures

The Archaeological Resource Stipulation has been converted to operational regulations under 30 CFR 250.194 and 30 CFR 250.1010(c). The new regulations grant specific authority to each MMS Regional Director to require archaeological resource surveys and reports where deemed necessary. The technical requirements of the archaeological resource surveys that may be required are detailed in the Gulf of Mexico OCS Region NTL 2005-G07.  

The regulation at 30 CFR 250.194 reads as follows:

1. If it is likely that an archaeological resource exists in the lease area, the Regional Director will notify you in writing. You must include an archaeological report in the EP or DOCD. IF the archaeological report suggests that an archaeological resource may be present, you must either:
   1. Locate the site of any operation so as not to adversely affect the area where the archaeological resource may be; or
   2. Establish to the satisfaction of the Regional Director that an archaeological resource does not exist or will not be adversely affected by operations. This requires further archaeological investigation, conducted by an archaeologist and a geophysicist, using survey equipment and techniques the Regional Director considers appropriate.
2. If the Regional Director determines that an archaeological resource is likely to be present in the lease area and may be adversely affected by operations, the Regional Director will notify you immediately. You must not take any action that may adversely affect the archaeological resource until the Regional Director has told you how to protect the resource.
3. If you discover any archaeological resource while conducting operations in the lease area, you must immediately halt operations within the area of the discovery and report the discovery to the Regional Director. If investigations determine that the resource is significant, the Regional Director will tell you how to protect it.

For pipeline right-of-way holders the regulation at 30 CFR 250.1010(c) reads as follows:

If the right-of-way holder discovers any archaeological resource while conducting operations within the right-of-way, the right-of-way holder shall immediately halt operations within the area of the discovery and report the discovery to the Regional Director.  If investigations determine that the resource is significant, the Regional Director will inform the lessee how to protect it.