The Energy Policy Act (EPAct) of 2005 amended the Outer Continental Shelf Lands Act (OCS Lands Act). Under this authority, the Secretary of Interior maintains discretionary authority to issue leases, easements, or ROWs on the OCS for activities that produce or support production, transportation, or transmission of energy from sources other than oil and gas; or use, for energy-related or other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act. The EPAct also included a requirement that any activity permitted under this authority be carried out in a manner that provides for safety of operations and protection of the environment.

These new activities present many challenges because many of the systems are still in the prototype-testing phases. Existing regulations and standards will be evaluated for applicability to this new technology but in some cases, new regulations and standards may be required. Safety risk assessments will need to be conducted. Operational monitoring/inspection systems will need to be established. Loading factors, factors of safety, fatigue drivers, failure consequences, and geo-technical issues will all have to be identified and evaluated. Within funding constraints, these issues will be prioritized for research projects based on the most immediate needs.

 
The MMS is also developing the capability to test wave and current energy conversion devices at the Ohmsett (1.17 MB PDF) wave and tow tank. Located in Leonardo NJ, this tank is one of the largest saltwater tanks in North America and is designed to evaluate the performance of meso-scale sized equipment under realistic but safe environmental conditions. It is able to generate up to one meter waves, and tow speeds up to 6.5 knots. The tank can be utilized for private research as well as those activities sponsored by MMS.