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Westerman Testifies on Behalf of Overturning Disastrous BOEM Rule

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Today, House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) testified before the House Committee on Rules in support of S.J. Res. 11, which will nullify a rule submitted by the Bureau of Ocean Energy Management (BOEM) relating to the "Protection of Marine Archeological Resources."

Below are Westerman's full remarks, as prepared.

Thank you for the opportunity to testify today. 

First, I want to thank my colleagues, Senator Kennedy and Representative Ezell, for championing this effort and collaborating with my team to advance this bipartisan resolution.

S.J.Res. 11 nullifies a rule submitted by the Bureau of Ocean Energy Management (BOEM) relating to the “Protection of Marine Archaeological Resources”. The rule mandates costly, time-intensive archaeological reports for all oil and gas exploration or development plans, burdening operators with unnecessary red tape.

The Biden administration replaced a flexible, risk-based approach where archaeological reports were only required in high-risk zones with a sweeping mandate, requiring energy producers to develop reports for all offshore oil and gas activity. 

The National Historic Preservation Act’s Section 106 already provides a robust framework for a thorough review of offshore archeological resources, engaging the Advisory Council on Historic Preservation, stakeholders, and the public before final decisions are made, ensuring both energy development and historic preservation are addressed effectively.

Due to this rulemaking, operators must now conduct extensive surveys using high-resolution geophysical tools to develop reports for every oil and gas exploration or development plan, even if archaeological findings have already been documented, or if there is no archaeological risk. BOEM’s analysis estimates an additional 500 annual burden hours for the agency due to this rule, plus equipment and contractor costs.

While framed as a safeguard for marine heritage, the rule imposed excessive regulatory burdens on domestic energy producers, increasing compliance costs and driving up energy prices for Americans still struggling to make ends meet after four years of record-breaking inflation.

Offshore oil and gas production in U.S. waters puts America First, supports lower domestic energy costs, and creates good-paying jobs. This rule was part of a broad pattern of Biden administration policies that hindered offshore energy development and placed red tape on America’s energy producers.

Passing this resolution will support American energy security and further American energy dominance, allowing for the protection of historic sites without burdening energy producers with unnecessary regulation. 

I urge the Committee to report an appropriate rule so this resolution may be considered in the House. 

Thank you, and I yield back.

Background

S.J. Res. 11, introduced by U.S. Sen. John Kennedy (R-La.), nullifies a BOEM rule relating to the “Protection of Marine Archaeological Resources.” The rule mandates costly, time-intensive archaeological reports for all oil and gas exploration or development plans, placing a significant and duplicitous burden on producers.