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Section 388 of the
Energy Policy Act of 2005
(EPAct) amended the Outer Continental Shelf Lands Act to grant the Secretary of the
U.S. Department of the Interior
(Secretary) discretionary authority to issue leases, easements, or
rights-of-way for activities on the
Outer Continental Shelf that produce
or support production, Under this new authority, the MMS also may issue leases, easements, or rights-of-way for other OCS project activities that make alternate use of existing OCS facilities for "energy-related purposes or for other authorized marine-related purposes," such as: offshore aquaculture, research, education, recreation, and support for offshore operations and facilities.
Under this new authority, MMS is in the process of developing
proposed regulations intended to encourage orderly, safe, and
environmentally responsible development of alternative energy resources
and alternate use of facilities on the OCS. The MMS completed a
Programmatic Environmental Impact Statement (EIS) in November
2007 On November 6, 2007, the MMS announced in the Federal Register an interim policy for authorization of the installation of offshore data collection and technology testing facilities in Federal waters. The MMS accepted comments and nominations until January 7, 2008 regarding the authorization of OCS activities involving the installation of meteorological or marine data collection facilities to assess alternative energy resources (e.g., wind, wave, and ocean current) or to test alternative energy technology. The interim policy is in effect until the MMS promulgates final rules. In addition to the this ongoing rulemaking process, the MMS is the process of evaluating the Cape Wind and Long Island Offshore Wind Park Projects--which EPAct identified in section 388(d).
This program is administered by the Office of Alternative Energy Programs (AEP) within the Offshore Energy and Minerals Management Service (OEMM).
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