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The Role of the Minerals Management Service in Offshore Renewable Energy Development

Section 388 of the Energy Policy Act of 2005 (EPAct) gave the US Department of the Interior(DOI) jurisdiction over activities that “produce or support production, transportation, or transmission of energy from sources other than oil or gas” (43 U.S.C. § 1337(p)(C) & (D)). The Secretary of the Interior delegated this authority to the Minerals Management Service (MMS). On April 29, 2009, MMS published a final rule entitled Renewable Energy and Alternative Uses of Existing Facilities on the Outer Continental Shelf (“final rule” or “regulatory framework”; 30 C.F.R. Part 285). In the final rule, MMS established procedures for authorizing and managing renewable energy projects on the Outer Continental Shelf (OCS). This article briefly explains the contours of MMS jurisdiction, the procedures for obtaining authorizations for renewable energy activities on the OCS, and the status of current OCS renewable energy leasing activities. MMS recognizes that it must balance a multitude of existing and evolving OCS interests, so in launching the offshore renewable energy program, the bureau is committed to securing the involvement of all entities that hold these interests.
renewable energy projects, renewable energy leasing, GC1-1581, Oceanography, Energy Policy Act of 2005
renewable energy projects, renewable energy leasing, GC1-1581, Oceanography, Energy Policy Act of 2005
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