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Birds and Offshore Wind Development in the Northeast/Mid-Atlantic February 13, 2008. Bob LaBelle Deputy Associate Director, MMS Offshore Energy & Minerals Management. MMS Regulatory Role. U.S. Outer Continental Shelf Federal Submerged Lands (Marine)
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Birds and Offshore Wind Development in the Northeast/Mid-Atlantic February 13, 2008 Bob LaBelle Deputy Associate Director, MMS Offshore Energy & Minerals Management
MMS Regulatory Role U.S. Outer Continental Shelf • Federal Submerged Lands (Marine) • Generally 3 miles to 200 miles offshore • Begins at 9 miles for submerged lands off Texas and the Florida Gulf Coasts • MMS Primary Authority – Outer Continental Shelf Lands Act
Alternative Energy Authority Section 388 of the Energy Policy Act of 2005 • Amended OCS Lands Act to include authority for authorizing alternative energy projects on the OCS (e.g., wind, wave, and ocean current)
New Authority Does Not • Supersede or modify existing Federal authority • Authorize any oil and gas activities in moratoria areas • Apply to areas designated as National Marine Sanctuaries, National Parks, National Wildlife Refuges, or any National Monuments
Key Mandates of New Authority • Competitive Issuance • Safety • Protection of the environment • Coordination with affected State & local governments and Federal agencies • Fair return for use of OCS lands • Revenue Sharing with affected States
Program Considerations Regulating a broad spectrum of activities: • Alternative energy (e.g., wind, ocean wave, ocean current, and solar) • Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities)
Program Considerations Regulating an emerging industry • Pioneering and entrepreneurial • Relatively under capitalized • Deploying prototype technology with uncertain environmental implications Operating in OCS frontier areas • Atlantic • Northern California • Washington/Oregon
Key Section 388 Mandates • Safety • Protection of the environment • Coordination with affected State & local governments and Federal agencies • Fair return for use of OCS lands • Equitable sharing of revenue with States