Program Overview

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, transportation, or transmission of energy from sources other than oil and gas. The Secretary delegated this authority to the Minerals Management Service, which has extensive experience in oil, gas and marine minerals (sand and gravel) offshore leasing. Examples of potential renewable energy projects include, but are not limited to: wind energy, wave energy, ocean current energy, solar energy, and hydrogen 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 renewable energy resources and alternate use of facilities on the OCS. The MMS completed a Programmatic Environmental Impact Statement (EIS) in November 2007 which examines the interface between the marine and human environment and the technologies and activities that generate energy from ocean renewable energy resources, and published a subsequent Record of Decision (ROD) in December 2007. The ROD includes the adoption of 52 Best Management Practices (BMP) and policies which will be considered as part of the review for any project proposed under this new authority.

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 renewable energy resources (e.g., wind, wave, and ocean current) or to test renewable 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 Renewable Energy Programs (AEP) within the Offshore Energy and Minerals Management Service (OEMM).