OCS Renewable Energy Development Mid-Atlantic Regional Association Coastal Ocean Observing System

1. OCS Renewable Energy Development Mid-Atlantic Regional Association Coastal Ocean Observing System Annual Meeting Darryl François Chief, Projects & Coordination Office of Renewable Energy Programs Bureau of Ocean Energy Management

2. Governing Authority • Outer Continental Shelf Lands Act of 1954 • Energy Policy Act of 2005 – Section 388(a) • Amends the OCSLA by adding Section 8(p)(1)(C) and (D) • OCS renewable energy development and alternate use of existing infrastructure (i.e. “other than oil and gas and covered by other legislation”) • Regulations at 30 CFR Parts 250 and 585

3. Renewable Energy Activities • Anticipate three types of electricity-generating activities requiring BOEM authorization • Wind—numerous commercial projects from Maine to North Carolina, technology testing off Georgia, and research off Hawaii • Wave—preliminary interest in research and eventual commercial leasing and development off Oregon • Ocean Current—resource data collection and technology testing off southeast Florida 3

4. OCS Renewable Energy Program Philosophy • Coordinate with federal, state, and local agencies, tribal governments, and stakeholders • Apply our renewable energy regulatory framework in conjunction with interagency-led planning activities • Focus on multiple-use • Work within the current authorities and responsibilities of agencies and continue ongoing activities 4

5. Renewable Energy Program • Planning and Analysis • identify area for renewable energy leasing through collaborative, consultative and analytic processes, including required environmental review under the National Environmental Policy Act and other applicable laws • Leasing • issue renewable energy leases through a competitive or noncompetitive process • Site Assessment\ • lessee gathers data through site characterization (G&G surveys, biological surveys); lessee may conduct site assessment activities (e.g., construction of meteorological towers/buoys) in accordance with BOEM-approve site assessment plan (SAP). The collection of site characterization and site assessment data supports the lessee’s preparation of a site-specific construction and operations plan (COP) • Commercial Development • lessee constructs and operates its facility in accordance with a BOEM-approved COP and prescribed conditions, stipulations, and mitigations • At each stage, BOEM engages its intergovernmental task forces, stakeholders, and the public to assist in obtaining the best available information to support decision making. 5

6. National Environmental Policy Act Endangered Species Act Marine Mammal Protection Act Magnuson-Stevens Fishery Conservation and Management Act Marine Protection, Research, & Sanctuaries Act National Marine Sanctuaries Act E.O. 13186 (Migratory Birds) Coastal Zone Management Act Clean Air Act Clean Water Act Marking of Obstructions E.O. 13547 (Stewardship of the Oceans, Our Coasts & the Great Lakes) Ports and Waterways Safety Act Rivers and Harbors Appropriation Act Resource Conservation and Recovery Act National Historic Preservation Act Archaeological and Historical Preservation Act American Indian Religious Freedom Act Federal Aviation Act Federal Power Act E.O. 13007 (Indian Sacred Sites) Applicable Laws & Executive Orders

7. Consultation & Coordination • Serve as lead Federal Agency for environmental compliance reviews under NEPA (will use cooperating agency agreements) • Complete all required consultations (e.g., Endangered Species Act, National Historic Preservation Act) • Document compliance with the Federal consistency provisions of CZMA • Assure compliance with all other applicable laws • MOUs with DOE, FWS, NOAA (Working on agreements with DOD, USACE, and USCG) • Working with FERC to refine procedures established in existing MOU relating to marine hydrokinetic projects

8. Intergovernmental Task Forces • Affected State, local, & tribal governments and federal agencies participate (ME, MA, RI, NY, NJ, DE, MD, VA, NC, OR) • Does not replace consultation under existing federal laws and regulations • Forum to: • Educate each other about permitting and statutory responsibilities, and stakeholders’ issues • Exchange data about biological and physical resources, uses, and priorities • Continue dialogue about renewable energy activities throughout the leasing process • BOEM considers task force input in our leasing decisions

9. Federal Agencies Involved • Bureau of Ocean Energy Management • Fish and Wildlife Service • National Park Service • National Oceanic and Atmospheric Administration • Environmental Protection Agency • Federal Aviation Administration • United State Geological Survey • Advisory Council on Historic Preservation • United States Army Corps of Engineers • United States Coast Guard • Federal Energy Regulatory Administration

10. Task Force and Stakeholder Compatibility Concerns • Commercial fishing • View shed • Port Access • Navigation and safety • Archaeological and cultural sites • Historic sites and places • Protected species (marine mammals, birds, turtles) • Migratory birds • Sensitive offshore habitats (e.g., cold water corals and EFH) • DOD and NASA offshore training and exercise areas

14. Atlantic Wind Connection • Right-of-Way Grant (ROW) • 680 mi transmission line installed in 5 phases (NY to VA) • Request for Competitive Interest • Anticipate preparing an EIS

15. boem.gov/Renewable-Energy-Program/index.aspx Questions