[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Notices]
[Pages 1894-1895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-210]


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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