Sand
and Gravel Program
Non-Energy Legal Framework
Regulations governing non-energy mineral prospecting, leasing, and production
are in 30 CFR Part 280 (prospecting),
Part 281 (leasing), and
Part 282 (production). The Part 281 regulations
were modified in 1994 to allow non-competitive leasing of sand, gravel, and
shell material for certain types of public works projects under
Public Law
103-426
(81.38 KB PDF).
The Outer Continental Shelf Lands Act (OCSLA)
(126.13 KB PDF)
(43 U.S.C. 1331, et. seq.) provides the authority to manage minerals on the
OCS. The DOI’s jurisdiction for leasing and regulating the recovery of
minerals extends to the subsoil and seabed of all submerged lands seaward of
State-owned waters to the limits of the OCS (except where this may be modified
by international law or convention or affected by the Presidential
Proclamation of March 10, 1983, regarding the Exclusive Economic Zone (EEZ)).
The OCSLA does not authorize BOEMRE to issue prospecting permits or leases to
private interests in the EEZ of a commonwealth or territory of the United
States.
Public Law 103-426
(81.38 KB PDF)
(43 U.S.C. 1337(k)(2)), allows the BOEMRE to negotiate, on a noncompetitive
basis, the rights to OCS sand, gravel, or shell resources for shore
protection, beach or wetlands restoration projects, or for use in construction
projects funded in whole or part by or authorized by the Federal Government. A
1999 amendment to the law prohibited BOEMRE from charging federal, state and
local government agencies a fee for using OCS sand. For all other uses, such
as private use for commercial construction material, a competitive bidding
process is required for issuing leases under
Section 8(k) of the OCSLA
(126.13 KB PDF).
Prospecting and Research
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30 CFR Part 280: Prospecting for Minerals Other Than Oil, Gas, and Sulfur on the Outer Continental Shelf. |
Private and Commercial Purposes (Competitive Lease Agreements)
Public Works Project (Non-Competitive Negotiated Lease Agreements)
In addition to regulations outlined above the
BOEMRE Marine Minerals Program must also comply with numerous environmental
statutes, regulations and executive orders to carry out its mission. The BOEMRE
Branch of Environmental Assessment (BEA) reviews marine mineral program NEPA
and OCSLA reports; provides oversight, policy guidance, and direction for NEPA
and other environmental laws and regulations affecting OCS activities; and
participates in international conventions and treaty activities. The BOEMRE
Environmental
Assessment Program website outlines the legal requirements and
environmental policies and procedures that apply to the Outer Continental
Leasing. Where available, links are provided to other websites with the full
text of the laws, relevant regulations, and guidance issued by other agencies.
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