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Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules 15199
<br />photographs, core locations, and grain
<br />size analysis; and
<br />(2) Geophysical data such as
<br />subbottom profiler, marine
<br />magnetometer, and side -scan sonar data,
<br />and bathymetry including geo-
<br />referenced navigation survey tracklines,
<br />shotoints, and/or timestamps;
<br />(dFAny other uses of the OCS in the
<br />borrow area that are known to the
<br />applicant at the time of application
<br />submittal;
<br />(e) A description of the environmental
<br />evaluations and corresponding
<br />documents that have been completed or
<br />are being prepared, that cover all
<br />offshore and onshore components of the
<br />project, as applicable;
<br />(l) A target date or date range when
<br />the OCS sand, grave) and shell resources
<br />will be needed;
<br />(g) A description of the person or
<br />government entities undertaking the
<br />project;
<br />(h) A list of any permits, licenses or
<br />authorizations required for the project
<br />and their current status;
<br />(i) A description of any potential
<br />inconsistencies with state coastal zone
<br />management plans and/or any other
<br />applicable state and local statutes,
<br />regulations or ordinances;
<br />(j) The name, title, telephone number,
<br />mailing address and email address of
<br />any points of contact for any Federal
<br />agencies, State or local governments,
<br />and contractor(s) with whom the
<br />applicant has contracted or intends to
<br />contract;
<br />(k) A statement explaining who
<br />authorized the project and how the
<br />project is to be funded, indicating
<br />whether the project is Federally funded,
<br />in whole or in part, and whether the
<br />project is authorized by the Federal
<br />government; and
<br />(1) For any other Federal, State or
<br />local government agency identified in
<br />the application, the name, title, mailing
<br />address, telephone number, and email
<br />address of both a primary and a
<br />secondary point of contact for the
<br />agency.
<br />§593.301 Flow will BOEM determine if a
<br />project qualifies?
<br />BOEM will make a determination as
<br />to whether the project, as described in
<br />section 583.300, qualifies for use of OCS
<br />sand, gravel and shell resources under
<br />the Act. Within 15 business days of
<br />receipt of the application, BOEM will
<br />determine if the application is complete
<br />or will request additional information.
<br />After it has determined the application
<br />is complete, BOEM will begin the
<br />application review process and notify
<br />the applicant in writing whether the
<br />project qualifies for an agreement. In
<br />determining whether a project qualifies
<br />for an agreement, BOEM will consider,
<br />among other criteria, the following:
<br />(a) The project purpose;
<br />(b) Other uses of OCS sand, gravel and
<br />shell resources from the same borrow
<br />area that are currently or were
<br />previously authorized by BOEM for
<br />other projects or programs, including
<br />the location, type and volume of such
<br />resources;
<br />(c) The project funding source(s) and
<br />amounts;
<br />(d) The proposed design and
<br />feasibility of the project;
<br />(e) Any potential environmental and
<br />safety risks;
<br />(f) Other Federal interests located near
<br />or within the specified borrow area;
<br />(g) Comments received from
<br />potentially affected State or local
<br />governments, if any;
<br />(h) The applicant's background and
<br />experience working on similar projects
<br />or activities;
<br />(i) Whether the project operations can
<br />be conducted in a manner that protects
<br />the environment and promotes orderly
<br />development of OCS mineral resources;
<br />(j) Whether activities can be
<br />conducted in a manner that does not
<br />pose a threat of serious harm or damage
<br />to, or waste of, any natural resource, any
<br />life (including fish and other aquatic
<br />life), property, or the marine, coastal, or
<br />human environment; and
<br />(k) Whether the project is consistent
<br />with the requirements of applicable
<br />statutes and their implementing
<br />regulations, which may include, but are
<br />not limited to, the Endangered Species
<br />Act (ESA) (16 U.S.C. 1531 et seq.), 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 />1583.302 What process does BOEM use to
<br />to and environmentally evaluate a
<br />qualified project?
<br />(a) Once BOEM has determined a
<br />project qualifies for an agreement,
<br />BOEM will begin the project evaluation
<br />process to decide whether to enter into
<br />a ne otiated noncompetitive agreement.
<br />(b1BOEM will coordinate with
<br />relevant Federal agencies, State, and
<br />local governments and any potentially
<br />affected federally recognized Indian
<br />Tribes in the project evaluation.
<br />(c) BOEM will evaluate the project
<br />and additional information provided
<br />pursuant to sections 30 CFR 583.300
<br />and 583.301, to determine if the
<br />information is sufficient to conduct
<br />necessary technical and environmental
<br />reviews to comply with the
<br />requirements of applicable statutes and
<br />regulations, which may include, but are
<br />not limited to: OCSLA (43 U.S.C. 1331
<br />et seq.), the National Environmental
<br />Policy Act (NEPA) (42 U.S.C. 4321 et
<br />seq.), the ESA (16 U.S.C. 1531 et seq.),
<br />the MMPA (16 U.S.C. 1361 et seq.), the
<br />Magnuson -Stevens Fishery
<br />Conservation and Management Act
<br />(MSFCMA) (16 U.S.C. 1801 et seq.), the
<br />National Historic Preservation Act
<br />(NHPA) (54 U.S.C. 300101 et seq.), and
<br />the Coastal Zone Management Act
<br />(CZMA) (16 U.S.C. 1451 et seq.).
<br />(d) BOEM will not enter into a
<br />negotiated noncompetitive agreement
<br />with the applicant until information
<br />requested for the evaluation has been
<br />provided and evaluated.
<br />§583.303 What Is the process for
<br />negotiating and executing an agreement?
<br />(a) Upon completion of the technical,
<br />environmental and other evaluations
<br />established in 30 CFR 583.301 and 30
<br />CFR 583.302, BOEM will decide
<br />whether to enter into a negotiated
<br />noncompetitive agreement with the
<br />applicant for use of OCS sand, gravel or
<br />shell resources for its proposed project.
<br />(b) If BOEM decides not to enter into
<br />such an agreement, BOEM will inform
<br />the applicant of its reasons for not doing
<br />so. An applicant may ask the BOEM
<br />Director for reconsideration in
<br />accordance with 30 CFR 583.105(a).
<br />(c) If BOEM has decided to enter into
<br />a negotiated noncompetitive agreement
<br />with the applicant, BOEM will negotiate
<br />the terms and conditions of the
<br />agreement with the applicant and
<br />prepare a draft agreement for the
<br />ap bcant's review.
<br />d) After considering comments and
<br />suggestions from the applicant, BOEM,
<br />at its discretion, may finalize the
<br />agreement and distribute it to the
<br />applicant for signature.
<br />(e) Upon receipt of the agreement
<br />with the applicant's signature, BOEM
<br />will execute the agreement. A copy of
<br />the executed agreement will be mailed
<br />to the parties.
<br />§583.304 What kinds of Information must
<br />be Included In an agreement?
<br />Every agreement is negotiated on a
<br />case-by-case basis, but ata minimum,
<br />must include:
<br />(a) An agreement number, as assigned
<br />by BOEM;
<br />(b) The purpose of and authorities for
<br />the agreement;
<br />(c) Designated and delineated borrow
<br />area(s);
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