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Record of Decision for the Final ``Programmatic Environmental Impact Statement for Alternative Energy Development and Production and Alternate Use of Facilities on the Outer Continental Shelf''

Note: EPA no longer updates this information, but it may be useful as a reference or resource.



[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Notices]
[Page 1894-1895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja08-58]

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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Record of Decision for the Final ``Programmatic Environmental
Impact Statement for Alternative Energy Development and Production and
Alternate Use of Facilities on the Outer Continental Shelf''

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of Availability of a Record of Decision (ROD).

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SUMMARY: MMS prepared the ROD for the establishment of an alternative
energy and alternate use (AEAU) program on the Outer Continental Shelf
(OCS), as authorized by Section 388 of the Energy Policy Act of 2005
(EPAct), and codified in subsection 8(p) of the OCS Lands Act. In
accordance with the regulations implementing the National Environmental
Policy Act (NEPA), the MMS is announcing the availability of this ROD.
The decision is to select the Preferred Alternative described in the
Final Programmatic Environmental Impact Statement (EIS). This decision
establishes an AEAU program for the issuance of leases, easements and
rights-of-way (ROW) for alternative energy activities and the alternate
use of

[[Page 1895]]

structures on the OCS and the promulgation of regulations to govern the
program. Selection of the Preferred Alternative also provides MMS the
option to authorize individual projects on a case-by-case basis before
promulgation of the final rule. The Director, MMS signed the ROD on
December 21, 2007.

    Authority: This NOA is published pursuant to the regulations (40
CFR 1506.6) implementing the provisions of the NEPA of 1969 (42
U.S.C. 4321, et seq.).

SUPPLEMENTARY INFORMATION: This ROD was developed through the
preparation of the final Programmatic Environmental Impact Statement
Alternative Energy Development and Production and Alternate Use of
Facilities on the Outer Continental Shelf (Final Programmatic EIS). The
environmental impacts from potential activities that may arise from the
AEAU program in the reasonably foreseeable future are assessed in the
Final Programmatic EIS, which was prepared in accordance with the NEPA.
Section 388 of the EPAct grants the Secretary of the Interior
(Secretary) discretionary authority to issue leases, easements, or ROWs
for activities on the OCS that produce or support production,
transportation, or transmission of energy from sources other than oil
and gas, and are not otherwise authorized by law. Examples of the
general types of alternative energy project activities that MMS has the
discretion to authorize may include, but are not limited to: Wind
energy, wave energy, ocean current energy, solar energy, and hydrogen
production. The Secretary delegated this authority to MMS.
    Section 388 of the EPAct also grants the Secretary authority to
issue leases, easements, or ROWs for other OCS project activities that
make alternate use of existing OCS facilities for ``energy-related
purposes or for other authorized marine-related purposes,'' to the
extent such activities are not otherwise authorized by law. Such
activities may include, but are not limited to: Offshore aquaculture,
research, education, recreation, and support for operations and
facilities authorized under the OCS Lands Act. The Secretary delegated
this authority to MMS as well.
    The MMS selected the Preferred Alternative that establishes an AEAU
program for the issuance of leases, easements, and ROWs on the OCS for
alternative energy activities and the alternate use of structures on
the OCS. Selection of the Preferred Alternative also provides MMS the
option to authorize, on a case-by-case basis, individual AEAU projects
that are in the national interest prior to promulgation of the final
rule. At the same time, the MMS will vigorously pursue its efforts to
complete a comprehensive program with regulations for authorizing and
managing AEAU activities on the OCS. Upon promulgation of the final
rule, MMS leases, easements, and ROWs for AEAU activities on the OCS
would be issued subject to the rule's provisions.
    As initial mitigation measures, this decision also adopts the
interim policies provided in Attachment A of the ROD and initial best
management practices (BMPs) in Attachment B of the ROD. Two of the
proposed BMPs were not adopted as explained in the ROD. The interim
policies will guide and inform MMS' decision-making when considering
any proposal for an AEAU project on the OCS. In addition, the MMS will
consider and, on a case-by-case basis, may select one or more of the
BMPs as appropriate to be included as a binding stipulation in any
lease, easement or ROW for AEAU activities that it issues. MMS will
employ and act by these policies when considering projects submitted
under the AEAU program.
    ROD Availability: To obtain a single printed copy of the ROD, you
may contact the Minerals Management Service, Alternative Energy and
Alternate Use Program (MS 4080), 381 Elden Street, Herndon, Virginia
20170. An electronic copy of the ROD is available at MMS's EIS Web site
at: ocsenergy.anl.gov.

FOR FURTHER INFORMATION CONTACT: Minerals Management Service, Ms.
Maureen Bornholdt, Alternative Energy and Alternate Use Program (MS
4080), 381 Elden Street, Herndon, Virginia 20170, or by phone at (703)
787-1300.

    Dated: January 4, 2008.
Chris C. Oynes,
Associate Director for Offshore Minerals Management.
[FR Doc. E8-210 Filed 1-9-08; 8:45 am]

BILLING CODE 4310-MR-P

 
 

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