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MMS Alternative Energy Program November 28, 2007. MMS Mission. Manage the ocean energy and mineral resources on the Outer Continental Shelf and Federal and Indian mineral revenues to enhance public and trust benefits, promote responsible use, and realize fair value.
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MMS Mission • Manage the ocean energy and mineral resources on the Outer Continental Shelf and Federal and Indian mineral revenues to enhance public and trust benefits, promote responsible use, and realize fair value.
Novel Opportunities and Unique Challenges Regulating a broad spectrum of activities: • Alternative energy (e.g., wind, ocean wave, ocean current, and solar) • Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities)
Received New Statutory Authority • Energy Policy Act of 2005 amended the Outer Continental Shelf Lands Act • Gave DOI comprehensive authority to manage development of promising new ocean energy sources in the OCS (wind, wave, ocean current) and responsible alternate use of OCS facilities
Key Statutory Mandates • Safety • Protection of the environment • Coordination with affected State & Local Governments and Federal Agencies • Prevent interference with reasonable uses of the OCS • Fair return for use of OCS lands • Revenue sharing • Competition • Does not apply to marine sanctuaries, national parks & monuments, wildlife refuges
Building Regulatory Framework Actively sought public input • Regionally through stakeholder meetings • Nationally through ANPR and Programmatic Environmental Impact Statement Process
New Regulatory Framework Major Regulatory Elements: • Coordination • Competitive & Noncompetitive Leasing Commercial Production Lease (conveying rights for long-term power generation) Limited lease (conveying rights for short-term research and technology testing) • Lease Administration Bonding (Financial Assurance) Payments (Bonuses, Operating Fees, Rents)
New Regulatory Framework Major Regulatory Elements: • Alternative Energy Plan Review Process Environmental and engineering compliance Reviews • Conduct of Approved Plan Activities Design, Fabrication, and Installation Reporting Environmental and Safety Monitoring Inspections • Decommissioning Anticipate publishing NPR in Spring 2008
Programmatic EIS • Purposes: • Support development of new program • Early public involvement • Identify issues of concern • Scope: • Next 5-7 years • Wind, wave and current • East, West and Gulf coasts
Resources analyzed • Ocean surface and sediments • Air quality • Ocean currents and movement • Water Quality • Acoustic environment • Hazardous materials and waste management • Electromagnetic fields • Marine mammals • Marine and coastal birds • Terrestrial biota • Fish resources and essential fish habitat • Sea turtles • Coastal habitats • Seafloor habitats • Areas of special concern • Military use areas • Transportation • Socioeconomics – economics, sociocultural systems, environmental justice • Archaeological resources • Land use and existing infrastructure • Visual resources • Tourism and recreation • Fisheries – commercial and recreational • Nonroutine conditions
Programmatic EIS • Preferred alternative – establish AEAU program and evaluate projects on a case-by-case basis • Best Management Practices
Programmatic EIS • Available at www.ocsenergy.anl.gov • Worldwide Synthesis and Analysis of Existing Information Regarding Environmental Effects of Alternative Energy on the Outer Continental Shelfhttp://www.gomr.mms.gov/PI/PDFImages/ESPIS/4/4260.pdf • Next step – Record of Decision
Interim Policy • Request for Information and Nominations • Published November 6 • Comments by January 7 • Nominate OCS areas for • meteorological or marine data collection facilities to assess alternative energy resources • technology testing • not for commercial facilities
Interim Policy • Competition • Limited lease term – 5 years proposed • No priority right for subsequent development • Rentals -- $3.00/acre proposed • Financial assurance • Comprehensive lease instrument • Consultation with affected states, Federal agencies, etc.
Next Steps • Record of Decision for PEIS • Publish proposed rule • Develop lease form for data gathering & technology testing – public process • Act on nominations under interim policy • And …