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15198 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
<br />agencies, or in a construction project,
<br />authorized by, or funded in whole or in
<br />part by the Federal government. The
<br />form of the agreement will be a
<br />Memorandum of Agreement (if one or
<br />more of the parties to the agreement,
<br />other than BOEM, is a Federal
<br />government agency) or a lease (if all of
<br />the parties to the agreement other than
<br />BOEM are non -Federal agencies or
<br />persons).
<br />Amendment means a modification to
<br />the agreement between BOEM and the
<br />parties to the agreement that extends,
<br />modifies or changes the terms of the
<br />agreement.
<br />Applicant means any person
<br />proposing to use OCS sand, gravel and
<br />shell resources for a shore protection,
<br />beach restoration or coastal wetlands
<br />restoration project undertaken by a
<br />Federal, State, or local government
<br />agency, or construction project,
<br />authorized by, or funded in whole or in
<br />part by the Federal government. If
<br />multiple persons or Federal, State, or
<br />local governments, other than BOEM,
<br />partner on a project they will be
<br />considered joint applicants.
<br />BOEM means the Bureau of -Ocean
<br />Energy Management of the U.S.
<br />Department of the Interior (DOI).
<br />Borrow area means the offshore
<br />geographic area(s) or regions) where
<br />OCS sand, gravel and shell resources
<br />have been identified for potential use in
<br />a specific project.
<br />Director means the Director of BOEM
<br />of the DOI, or an official authorized to
<br />act on the Director's behalf.
<br />Federal. agency means any
<br />department, agency, or instrumentality
<br />of the United States.
<br />Local government means the
<br />governing authority at the county or city
<br />level with jurisdiction to administer a
<br />particular project(s).
<br />Modification means the process
<br />whereby parties to an agreement and
<br />BOEM mutually agree to change, alter or
<br />amend the existing agreement.
<br />Outer continental shelf (OCS) is
<br />defined in the same way it is defined in
<br />Section 2(a) (43 U.S.C. 1331(a)) of the
<br />OCSLA, as amended (43 U.-S.C. 1331 et
<br />seq.).
<br />Placement area means the geographic
<br />area in which OCS sand, gravel and
<br />shell resources, used by agreement, will
<br />be placed pursuant to that agreement.
<br />Program means a group of related
<br />projects that may be the subject of a
<br />negotiated noncompetitive agreement
<br />for the use of OCS sand, gravel and shell
<br />resources.
<br />Project means an -undertaking that
<br />may be the subject of a negotiated
<br />noncompetitive agreement for the use of
<br />OCS sand, gravel and shell resources.
<br />Regional Director means the BOEM
<br />officer with responsibility and authority
<br />for a Region of the United States.
<br />Secretary refers to the Secretary of the
<br />Interior.
<br />§583.104 Who Is qualified for a project?
<br />(a) BOEM may enter into an
<br />agreement with any person proposing to
<br />use OCS sand, gravel and shell
<br />resources for a program of or project for
<br />shore protection, beach restoration, or
<br />coastal wetlands restoration undertaken
<br />by a Federal, State, or local government
<br />agency or in a construction project that
<br />is funded in whole or in part by or
<br />authorized by the Federal government.
<br />(b) To qualify for an agreement under
<br />this art, the applicant must be:
<br />(1FA Federal, State, or local
<br />government agency;
<br />(2) A citizen or national of the United
<br />States;
<br />(3) An alien lawfully admitted for
<br />permanent residence in the United
<br />States, as defined in the Immigration
<br />and Nationality Act, as amended (8
<br />U.S.C. 1101 (a)(20));
<br />(4) A private or public corporation
<br />organized under the laws of the United
<br />States or of any State or territory thereof;
<br />or
<br />(5) An association of such citizens,
<br />nationals, resident aliens or private or
<br />public corporations.
<br />(c) When entering into an agreement
<br />under this part, all applicants are
<br />subject to the requirements of 2 CFR
<br />part 180 and 2 CFR part 1400.
<br />§583.105 How do I appeal an unfavorable
<br />decision by BOEM?
<br />(a) After being notified of
<br />disqualification, or disapproval of an
<br />agreement or modification, an
<br />unsuccessful applicant, or adversely
<br />affected party to an agreement, may
<br />apply for reconsideration by the
<br />Director.
<br />(1) All applications for
<br />reconsideration by the Director must be
<br />submitted within 15 days of being
<br />notified of disqualification, or
<br />disapproval of an agreement or
<br />modification, accompanied by a
<br />statement of reasons for the requested
<br />reconsideration, with one copy to the
<br />program office whose decision is the
<br />subject of the reconsideration.
<br />(2) The Director will respond in
<br />writing within 30 days.
<br />(b) No additional appeal rights are
<br />available under 30 CFR part 590 and 43
<br />CFR part 4, subpart E.
<br />§583.106 What are the minimum contents
<br />of an agreement to use OCS sand, gravel,
<br />and shell resources?
<br />Any use of OCS sand, gravel and shell
<br />resources in an agreement will be
<br />negotiated on a case-by-case basis. The
<br />agreement will specify, at a minimum,
<br />who may use the OCS sand, gravel and
<br />shell resources; the nature of the rights
<br />granted; and the location, type, and
<br />volume of OCS sand, gravel and shell
<br />resources. Any authorization to use OCS
<br />sand, gravel and shell -resources
<br />identified in an agreement is not
<br />exclusive; BOEM may allow other
<br />entities to use OCS sand, gravel and
<br />shell resource from the same borrow
<br />area.
<br />Subpart B --[Reserved]
<br />Subpart C --Outer Continental Shelf
<br />Sand, Gravel, and Shell Resources
<br />Negotiated Agreements
<br />§583.300 How do I submit a request for an
<br />agreement?
<br />Any person may submit a written
<br />request to BOEM to obtain an agreement
<br />for the use of OCs sand, gravel and shell
<br />resources for use in a program of or
<br />project for shore protection, beach
<br />restoration, or coastal wetlands
<br />restoration undertaken by a Federal,
<br />State, or local government agency, or in
<br />a construction project that is funded in
<br />whole or in partby or authorized by the
<br />Federal Government. The written
<br />reuest must include:
<br />?a) A detailed. description of the
<br />proposed project for which the OCS
<br />sand, gravel and shell resources will be
<br />used and how it qualifies as a program
<br />or project eligible under the Act to use
<br />OCS sand, gravel or shell resources;
<br />(b) A description of the proposed
<br />borrow areas) and placement area(s),
<br />along with maps with geographic
<br />coordinates depicting the location of the
<br />desired borrow area(s), the OCS block
<br />number(s), OCS Planning Area(s), OCS
<br />Protraction Diagram Designation(s), and
<br />the placement area(s). These should
<br />include:
<br />(1) A detailed set of hardcopy maps
<br />with coordinates and navigation
<br />features of the desired OCS project area
<br />(including borrow area and other project
<br />features); and
<br />(2) Digital geo-referenced spatial and
<br />tabular data depicting the borrow area
<br />with features, such as geological
<br />sampling locations and any hard or live -
<br />bottom benthic habitat present;
<br />(c) Any available geological and
<br />geophysical data used to select, design,
<br />and delineate the borrow areas) and
<br />potential borrow areas considered but
<br />not selected for final design in digital
<br />format, geo-referenced where relevant.
<br />These may include:
<br />(1) Sediment sampling (sediment
<br />cores and grab samples) data such as
<br />physical description sheets,
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