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15192 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
<br />Section 583.102 What is BOEM's
<br />authority for this rule?
<br />This section would explain that in
<br />proposing these regulations, BOEM is
<br />operating under authority granted to the
<br />Secretary of the Interior by the Act.
<br />Section 583.103 What definitions do 1
<br />need to know?
<br />This section would define many of
<br />the terms commonly used in the Marine
<br />Minerals Program and now used in the
<br />proposed regulation, including "borrow
<br />area," "placement area," and "project."
<br />This section would also define new
<br />terms for purposes of this subpart,
<br />including "Act," "agreement,"
<br />"amendment," "BOEM," "Director,"
<br />"Federal agency," "local government,"
<br />"modification," "outer continental
<br />shelf," "program," "Regional Director,"
<br />and "Secretary."
<br />Section 583.104 Who is qualified for a
<br />project?
<br />This section would explain who is
<br />qualified to enter into an agreement
<br />with BOEM for the use of OCS sand,
<br />gravel, and shell resources, and would
<br />explain the requirements to comply
<br />with the relevant debarment regulations.
<br />Section 583.105 How do I appeal an
<br />unfavorable decision by BOEM?
<br />This section would set out the kinds
<br />of decisions that would be subject to
<br />reconsideration or appeal, and the
<br />process that would be utilized by an
<br />unsuccessful applicant or adversely
<br />affected party for resolution of such
<br />reconsideration or appeal.
<br />Section 583.106 What are the
<br />minimum contents of an agreement to
<br />use OCS sand, gravel and shell
<br />resources?
<br />This section would explain who
<br />would be allowed to use OCS sand,
<br />gravel and shell resources, and would
<br />explain that use authorizations would
<br />be in the form of agreements that are
<br />negotiated on a case-by-case basis. It
<br />would also explain that the agreements
<br />would identify the location, type and
<br />volume of OCS sand, gravel.and shell
<br />resources allowed to be used under the
<br />agreement. In addition, it would explain
<br />that any authorizations to use sand,
<br />gravel and shell resources would not be
<br />exclusive.
<br />Subpart B—Reserved
<br />Subpart C—Outer Continental Shelf
<br />Sand, Gravel and Shell Resources
<br />Negotiated Agreements
<br />Section 583.300 How do I submit a
<br />request for on agreement?
<br />This section would explain who may
<br />submit a request to BOEM to obtain an
<br />agreement for the use of OCS sand,
<br />gravel, and shell resources. It would list
<br />the information the request must
<br />include, such as a detailed description
<br />of the proposed project and how it
<br />qualifies as a project eligible under the
<br />Act to receive OCS sand, gravel and
<br />shell resources pursuant to a negotiated
<br />noncompetitive agreement, a
<br />description of borrow and placement
<br />areas; certain maps and data; a
<br />description of the environmental
<br />evaluations that have been completed or
<br />are being prepared that cover the
<br />project, including both onshore and
<br />offshore components; a target date or
<br />date range when the resources will be
<br />needed; a description of the Federal,
<br />State, or local agencies that are
<br />undertaking the project and points of
<br />contact; and a statement explaining who
<br />authorized the project and how the
<br />project will be funded.
<br />Section 583.301 How will BOEM
<br />determine if a project qualifies?
<br />This section would lay out the factors
<br />that BOEM would use to determine
<br />whether a project qualifies for use of
<br />sand, gravel and shell resources under
<br />a negotiated noncompetitive agreement.
<br />The section would enumerate the
<br />evaluation criteria, including: The
<br />project purpose; other uses of OCS sand,
<br />gravel and shell resources authorized
<br />from the same borrow area; the project
<br />funding source(s) and amounts; the
<br />proposed design and feasibility of the
<br />project; any potential environmental
<br />and safety risks associated with the
<br />project; other Federal interests located
<br />near or within the specified. borrow
<br />area; comments received from
<br />potentially affected governments; the
<br />applicant's background and experience
<br />working on similar projects or activities;
<br />and whether the project is consistent
<br />with applicable statutes and their
<br />implementing regulations, which may
<br />include, but are not limited to, the
<br />Marine Mammal Protection Act
<br />(MMPA) (16 U.S.C. 1361 et seq.), the
<br />Marine Debris Research,. Prevention,
<br />and Reduction Act (MDRPRA) (33
<br />U.S.C. 1951 et seq.), the Marine Plastic
<br />Pollution Research and Control Act
<br />(MPPRCA) (33 U.S.C. 1901 et seq.), the
<br />Federal Water Pollution Control Act
<br />(FWPCA) (33 U.S.C. 1381 et seq.), and
<br />the International Convention for the
<br />Prevention of Pollution from Ships
<br />(MARPOL), MARPOL-Annex V Treaty
<br />Section 583.302 What process does
<br />BOEM use to technically and
<br />environmentally evaluate a qualified
<br />project?
<br />This section would explain the
<br />process that BOEM would follow to
<br />evaluate a project that qualifies for the
<br />use of OCS sand, gravel and shell
<br />resources to decide whether to enter
<br />into a negotiated noncompetitive
<br />agreement. It states that BOEM would
<br />coordinate with relevant Federal
<br />agencies, States, and local governments,
<br />and potentially affected Federally
<br />recognized Indian Tribes. It also
<br />describes how BOEM would evaluate
<br />the project and additional information
<br />provided under §§ 583.300 and 583.301
<br />to determine if the information is
<br />sufficient to conduct necessary
<br />technical and environmental reviews to
<br />comply with the requirements of
<br />applicable statutes and regulations,
<br />which may include, but are but not
<br />limited to, the National Environmental
<br />Policy Act (NEPA) (42 U.S.C. 4321 et
<br />seq.), the Endangered Species Act (ESA)
<br />(16 U.S.C. 1531 et seq.), the MMPA (16
<br />U.S.C. 1361 et seq.), the Magnuson -
<br />Stevens Fishery Conservation and
<br />Management Act (MSFCMA) (16'U.S.C.
<br />1801 et seq.), the National Historic
<br />Preservation Act (NHPA) (16 U.S.C. 470
<br />et seq.), and the Coastal Zone
<br />Management Act (CZMA) (16 U.S.C.
<br />1451 et seq.). Finally, this section would
<br />provide that BOEM would not enter into
<br />a negotiated noncompetitive agreement
<br />until the information requested for the
<br />evaluation has been provided and
<br />BOEM has evaluated it.
<br />Section 583.303 What is the process
<br />for negotiating and executing an
<br />agreement?
<br />This section would describe the steps
<br />BOEM would take once it has
<br />completed its technical, environmental
<br />and other evaluations. This section
<br />would provide further that, once BOEM
<br />has completed its review of an
<br />application, BOEM would decide
<br />whether to enter into an agreement. This
<br />section would provide further that
<br />BOEM would negotiate the terms of the
<br />agreement and prepare a draft
<br />agreement for the applicant's review
<br />and comment. The section would also
<br />provide that, after BOEM considers the
<br />applicant's comments and suggestions,
<br />it would finalize the agreement for
<br />signature. This section would provide
<br />that, once the applicant signs the
<br />agreement, BOEM would execute the
<br />agreement and distribute it to the parties
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