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Soundings Archive

MMS Intends to Prepare EA for Alternative Energy Proposed Rule
On February 26, 2008, the U.S. Minerals Management Service announced its intent to prepare an Environmental assessment for the Service's Alternative Energy and Alternative Use proposed rule. Comments are due to MMS by March 27, 2008.

MMS is developing the Alternative Energy and Alternative Use Rule under the Energy Policy Act of 2005. That act amended section 8 of the OCS Lands Act (OCSLA), 43 U.S.C. 1337, to give the Secretary of the Interior (Secretary) authority to issue a lease, easement, or right-of-way on the OCS for activities that are not otherwise authorized by the OCSLA, or other applicable law, if those activities (1) produce or support production, transportation, or transmission of energy from sources other than oil and gas or (2) use, for energy-related purposes or other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCSLA. Subsection 8(p) of the OCSLA (42 U.S.C. 1337(p)) requires that the Secretary, in consultation with other relevant agencies, develop and issue any necessary regulations to implement its new authority. The Secretary delegated this authority to the Director of MMS.

On December 30, 2005, the MMS published an Advanced Notice of Proposed Rulemaking (ANRP) for the Alternative Energy and Use rule.

On November 6, 2007, the MMS published a final Programmatic Environmental Impact Statement for Alternative Energy Development and Production and Alternative Use of Facilities on the Outer Continental Shelf.

In its February 26th notice, MMS requests that the public comment on any new information that should be addressed in the EA.

  • Click here for MMS' EA notice
  • Click here for MMS Programmatic Environmental Impact Statement
  • Click here for MMS's ANRP

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