resale Activities
-- Federal/State Coordination
In addition to scoping activities conducted with the public and other Federal agencies,
described in the scoping discussion above and in Section I.B.3.b., the OCSLA provides a
statutory foundation for DOI's policy of coordination with the affected States and, to a
more limited extent, local governments. At each step of the procedures that lead to lease
issuance, participation from the affected States and other interested parties is
encouraged and sought.
The MMS issues the Call/NOI, published in the Federal Register, in order to gather
information and nominations within a lease planning area from all interested parties.
Responses must be received no later than 45 days after publication of the Call/NOI. The
information collected from the Call is used to help identify the potential areas for oil
and gas development, to identify issues/concerns of industry, to identify the
environmental effects and potential use conflicts in proximity of the area, to initiate
the scoping process and identify alternatives to the proposed action for the EIS, to
develop lease terms and conditions, and to identify potential conflicts between offshore
oil and gas activities and a State Coastal Management Program. The NOI is published
pursuant to the regulations at 40 CFR 1501.7, implementing the procedural provisions of
NEPA (42 U.S.C. 4321 et seq.). The NOI also serves to announce the scoping process, which
affords State and local governments the opportunity to aid MMS in determining significant
issues and alternatives to be analyzed in the EIS.
When soliciting information for the leasing of OCS lands within 3 mi of the seaward
boundary of any coastal State, additional information is provided to the Governors of
those States. The Governors must be informed of the identity of, and schedule for, the
area proposed for leasing; the geographic, geological, and ecological characteristics of
the area within 3 mi of the seaward boundary; estimated oil and gas reserves in these
areas; and any field, trap, or geologic structure thought to be located in these areas (43
U.S.C. 1337 (g)). The Secretary subsequently consults with the Governors in determining
whether any areas may contain one or more oil or gas pools or fields underlying both the
OCS and lands subject to State jurisdiction.
The Governors are also provided with a summary of data to aid them in anticipating
possible onshore effects of OCS development and production. The summary includes estimated
oil and gas reserves in areas leased or to be leased, estimated size and timing of
development, pipeline locations, and the general location and nature of onshore
facilities. The OCSLA, as amended, also requires the transmittal of an index of all
relevant actual or proposed programs, plans, reports, EIS's, and other lease-sale
information to each affected State (43 U.S.C. 1352 (d)).
Pursuant to the Coastal Zone Reauthorization Amendments of 1990, all Federal
activities, including OCS oil and gas lease sales, must be consistent to the maximum
extent practicable with each affected State's Coastal Zone Management (CZM) program. Each
State's CZM program sets forth objectives, policies, and standards relative to public and
private use of land and water resources in the coastal zone. For presale consistency
determinations, MMS reviews the State's coastal zone program, analyzes potential impacts
of the proposed action based primarily on the MMS's proposed lease sale EIS and the Action
Update Memorandum (AUM), and makes an assessment of consistency with the State's program.
Consistency determination protocols for plan and permit activities are discussed in more
detail in Section I.B.3.d.(1)(h).
Each State's approved CZM program is summarized in Section III.C.6. and an analysis of
impacts of the OCS oil and gas leasing program on these State programs is provided in
Appendix F.
The OCSLA requires that DOI prepare a comprehensive 5-year program that specifies, as
precisely as possible, the size, timing, and location of areas to be considered for
Federal offshore natural gas and oil leasing. The current program, OCS Natural Gas and Oil
Resource Management Comprehensive Program 1992-1997, was published in April 1992 (USDOI,
MMS, 1992a). The program includes a new planning and consultative process, and a focus on
promising geologic basins that is appropriate for leasing and development in an
environmentally sound manner. It represents a comprehensive, long-term approach to
planning and managing all aspects of natural gas and oil activities off the Nation's
coasts.
The program provides for a new Area Evaluation and Decision Process (AEDP), which is
designed to provide more consultations between the Federal Government and the States and
localities. The AEDP emphasizes three objectives: (a) improving the acquisition and
integration of environmental, mineral resource, and socioeconomic information for use in
decisionmaking; (b) defining leasing proposals more selectively; and (c) enhancing the
opportunities for States, coastal communities, and other concerned parties to provide
input. Section I.B.1. provides additional discussion of the AEDP.
The comprehensive program considered 11 lease sales in the Gulf of Mexico for the years
1992 through 1997 and maintains an annual pace of leasing for the Central and Western
Gulf. In the Western Gulf, two blocks, which contain the East and West Flower Garden Banks
(Blocks A-375 and A-398, High Island Area, East Addition, South Extension), were excluded
from leasing consideration.