Critical and Hard Minerals Management on the United States Outer Continental Shelf

Abstract

The Bureau of Ocean Energy Management (BOEM), an agency within the U.S. Department of the Interior, has responsibility over both energy and non-energy mineral development on the United States Outer Continental Shelf (OCS) under the OCS Lands Act ("OCSLA"). BOEM’s Marine Minerals Program (MMP) manages federal offshore mineral deposits through non-competitive, negotiated agreements for federal sand and gravel ("sand") used in coastal restoration efforts and the competitive leasing of critical and hard economic minerals ("critical minerals"). As the sole federal steward of OCS critical minerals, BOEM MMP is responsible for understanding where critical minerals are located, identifying and understanding their environments, managing activities that affect these resources, and implementing pertinent federal policies. Fulfilling these responsibilities involves the collection and analysis of environmental, geological, and geophysical data; supporting the science needed to understand the impacts of resource-related authorized activities on the biological, physical, and sociocultural environments; encouraging emerging technologies that can reduce the environmental impact of activities; and communicating with stakeholders to foster an understanding of existing federal regulations and potential needs to revise the legal framework. Four U.S. federal rules in the Code of Federal Regulations (CFR) currently inform MMP’s procedures: 30 CFR 580 (prospecting for minerals), 30 CFR 581 (leasing of minerals), 30 CFR 582 (operations in the OCS related to minerals), and 30 CFR 583 (negotiated noncompetitive agreements for sand). Other federal laws and regulations are also pertinent, particularly those supporting the National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, Marine Mammal Protection Act, Coastal Zone Management Act, Clean Air Act, Federal Water Pollution Control Act, and Magnuson Stevens Fishery Conservation and Management Act.