[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Notices]
[Pages 49669-49679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16905]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Request for Comments on the Preparation of a New 5-Year Outer 
Continental Shelf (OCS) Oil and Gas Leasing Program for 2007-2012; and 
on the Intent To Prepare an Environmental Impact Statement (EIS) for 
the Proposed 5-Year Program

SUMMARY: Section 18 of the OCS Lands Act (43 U.S.C. 1344) requires the 
Department of the Interior to solicit information from interested and 
affected parties during the preparation of a 5-year OCS oil and gas 
leasing program. The current 5-year program covers the period July 2002 
to July 2007. The Department's MMS intends to prepare a new 5-year 
program for July 2007 to July 2012 to succeed the current one.
    Section 18 requires completion of a lengthy, multi-step process of 
public consultation and analysis before the Secretary of the Interior 
may approve a new 5-year program. The section 18 process includes the 
following required steps: This initial solicitation of comments; 
development of a draft proposed program, a proposed program, and a 
proposed final program; and Secretarial approval. The MMS will also 
prepare an EIS that analyzes the alternatives considered for the new 5-
year program. This notice announces the start of the EIS preparation 
process. The MMS will consider comments received in response to this 
notice in developing the draft proposed program and in determining the 
scope of the EIS. The public will have additional opportunities to 
comment on the draft proposed program, the draft EIS, and the proposed 
program.

DATES: The MMS must receive all comments and information by October 11, 
2005.

[[Page 49670]]

Public Comment Procedure

    The MMS will accept comments in one of two formats: By mail or our 
Internet commenting system. Please submit your comments using only one 
of these formats, and include full names and addresses. Comments 
submitted by other means may not be considered. We will not consider 
anonymous comments, and we will make available for inspection in their 
entirety all comments submitted by organizations and businesses or by 
individuals identifying themselves as representatives of organizations 
and businesses.
    Our practice is to make comments, including the names and home 
addresses of respondents, available for public review. An individual 
commenter may ask that we withhold his or her name, home address, or 
both from the public record, and we will honor such a request to the 
extent allowable by law. If you submit comments and wish us to withhold 
such information, you must so state prominently at the beginning of 
your submission.

ADDRESSES: Mail comments and information to: Ms. Renee Orr, 5-Year 
Program Manager, Minerals Management Service (MS-4010), Room 3120, 381 
Elden Street, Herndon, Virginia 20170. Please label your comments and 
the packaging in which they are submitted according to the subject 
matter. Mark those pertaining to program preparation, ``Comments on 
Preparation of the 5-Year Program for 2007-2012''; and mark those 
pertaining to EIS preparation, ``Scoping Comments on the EIS for the 5-
Year Program for 2007-2012.'' If you submit any privileged or 
proprietary information to be treated as confidential, please mark the 
envelope, ``Contains Confidential Information.''
    Internet: The MMS will accept comments submitted to our electronic 
commenting system. This system can be accessed at http://www.mms.gov/5-year/2007-2012main.htm. We also will provide access to information 
concerning the 5-year program and EIS, including copies of comments we 
receive in response to this notice, at the MMS Internet Web site 
(http://www.mms.gov).

FOR FURTHER INFORMATION CONTACT: Ms. Renee Orr, 5-Year Program Manager, 
at (703) 787-1215.

SUPPLEMENTARY INFORMATION: The MMS requests comments from states; local 
and tribal governments; American Indian and Native Alaskan 
organizations; Federal agencies; environmental and fish and wildlife 
organizations; the oil and gas industry; other interested 
organizations; and other parties to assist in the preparation of a 5-
year OCS oil and gas leasing program for 2007-2012, and applicable EIS. 
MMS is seeking a wide range of information, including marine 
productivity and environmental sensitivity. The 5-year program enables 
the Federal Government, states, industry, and other interested parties 
to plan for steps proposed to lead to OCS oil and gas lease sales. The 
Department will make a decision on whether to proceed with a specific 
lease sale on the schedule, only after meeting all of the applicable 
requirements of the OCS Lands Act, the National Environmental Policy 
Act (NEPA), and other statutes.
    Section 18 of the OCS Lands Act requires that the Secretary 
consider national energy needs in formulating a leasing program. The 
following overview of today's energy situation provides the context in 
which to consider responses to this Request for Comments. One measure 
of how energy markets compare over different time periods is the 
relative prices that consumers can expect to pay. In the year 2000, 
when the Request for Comments for the current 5-Year Program (2002-
2007) was issued, oil prices averaged $26.72 per barrel and natural gas 
prices averaged $3.68 per thousand cubic feet (mcf). Prices have 
generally shown an upward trend, sometimes a steep one. Between 1999 
and 2000, the price of natural gas peaked temporarily for an increase 
of 68 percent. In 2004, those prices averaged $36.77 for a barrel of 
oil and $5.49 per mcf of gas, and continued to increase in the first 
three months of 2005, to an average of $43.21 for a barrel of oil and 
$5.70 per mcf of gas (Energy Information Administration, June 2005 
Monthly Energy Review). The Energy Information Administration (EIA), in 
its Annual Energy Outlook 2005, projected that annual oil price levels 
will reach $52 per barrel and natural gas prices will reach $8.20 per 
mcf in 2025. These prices have already been exceeded. Energy prices are 
a reflection of supply and demand. The recent increase in oil and 
natural gas prices resulted from growing U.S. and global demand for 
these products that has not been matched by an equivalent increase in 
available supplies.
    According to EIA's Annual Energy Outlook 2005 (reference case), 
over the next 20 years, U.S. demand for energy is expected to grow at 
an annual rate of 1.4 percent. This growth projection incorporates 
continued gains in energy efficiency and movement away from energy-
intensive manufacturing to service industries. Despite a continuing 
emphasis on conservation and expanding renewable sources of energy, 
petroleum products and natural gas are projected to account for almost 
65 percent of domestic energy consumption in 2025, a slightly larger 
share than today.
    United States petroleum demand is expected to grow from 20 million 
barrels per day in 2003 to 27.9 million barrels per day in 2025. In 
2003, domestic production (crude oil and natural gas plant liquids) 
totaled about 7.40 million barrels per day and net petroleum imports of 
crude oil and petroleum products amounted to 11.23 million barrels per 
day (or 56 percent of total supply). Today's domestic production is 
down slightly (to about 7.31 million barrels per day) and net imports 
have increased to about 58 percent of supply. An even larger share of 
petroleum is projected to come from overseas in future years. Although 
domestic production is expected to increase through the end of this 
decade--primarily due to deep water Gulf of Mexico production--it is 
expected to fall thereafter, down by almost 1 million barrels per day 
by the end of the forecast period. At that time, in 2025, imports are 
expected to account for 68 percent of petroleum demand.
    While we will need to buy greater supplies of oil from other 
countries in the future, we will be facing greater competition for 
those supplies. The strongest growth in energy consumption will come 
from developing nations, particularly China, India and the rest of 
developing Asia, which are expected to experience strong economic 
growth and rising living standards. As a result, the nations of 
developing Asia will account for 40 percent of the world's growth in 
energy demand.
    The U.S. natural gas consumption is expected to grow from 22 
trillion cubic feet (tcf) in 2003 to almost 31 tcf in 2025. Domestic 
production, however, will grow only from 19.1 tcf to 21.8 tcf, meeting 
only about 30 percent of demand growth. In the past, any difference 
between the growth in demand and the growth in domestic production was 
predominantly met by imports of natural gas from Canada. However, 
Canada's National Energy Board has concluded that their future 
production will not support increased U.S. imports, but will instead be 
used to support Canada's energy needs. Most additional supplies will 
need to come from Alaskan natural gas and from imports of liquefied 
natural gas. EIA notes, ``A key issue for U.S. energy markets is 
whether the investments and regulatory approvals needed to make

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those natural gas supplies available will be forthcoming, and what the 
ramifications will be if they are not'' (EIA, AEO 2005, p.2).
    Meeting the United States' and the world's growing demand for oil 
and natural gas will require substantial investment in finding and 
developing new sources of supply. In its International Energy Outlook 
2004, EIA stated that the projected growth in worldwide oil use would 
require an increment to global production capacity of more than 44 
million barrels per day over current levels. Daniel Yergin, Chairman of 
Cambridge Energy Research Associates (CERA), stated that, ``[W]ith as 
much as a 60 percent increase in worldwide oil production needed to 
meet growing energy demand in the next 25 years, and an expected 
doubling in natural gas demand, $4 to $6 trillion in new exploration 
and production investment will be required'' (CERA Press Release, 
February 23, 2005). The OCS leasing program provides one potential 
avenue for such investment. Your comments will help determine the plan 
for leasing activities during 2007-2012, and, consequently, the ability 
of the OCS program to meet the Nation's energy needs in the years 
beyond.

OCS Planning Areas To Be Considered and Analyzed

    Section 18 of the OCS Lands Act requires that the 5-year schedule 
of lease sales be based upon a comparative analysis of the oil and gas-
bearing regions of the OCS. Purely for administrative planning 
purposes, MMS has created 26 planning areas, which are depicted on 
Figures 1 and 2. The boundaries between planning areas were 
administratively created and are not specified in law or regulation. 
Note that precise marine boundaries between the United States and 
nearby or adjacent nations have not been determined in all cases. The 
depicted maritime boundaries and limits, as well as divisions between 
planning areas, where shown, are for planning and administrative 
purposes only. These limits do not affect or prejudice in any manner 
the position of the United States, or its individual States, with 
respect to the nature or extent of internal waters or of sovereign 
rights or jurisdiction.
    Many planning areas currently are subject to a 1998 presidential 
withdrawal from leasing through June 30, 2012, under the authority of 
Section 12 of the OCS Lands Act (43 U.S.C. 1341). The presidential 
withdrawal bars leasing activities. These areas include all National 
Marine Sanctuaries and the following planning areas: North Aleutian 
Basin (Bristol Bay, Alaska); Washington-Oregon; Northern, Central, and 
Southern California; South, Mid-, and North Atlantic; and Eastern Gulf 
of Mexico, except for a portion located off Alabama and another one 
more than 100 miles off Florida initially proposed in Lease Sale 181 in 
2001.
    In addition, most of those areas have been closed to leasing 
pursuant to congressional moratoria in annual appropriations statutes 
since the 1980's, and as recently as Public Law 109-54 signed into law 
on August 2, 2005. The first congressional moratorium was enacted in 
Fiscal Year (FY) 1982, prohibiting leasing in the Central and Northern 
California Planning Areas. The Southern California, North Atlantic, and 
part of the Eastern Gulf of Mexico (south of 26[deg] N latitude) 
Planning Areas were first subject to moratoria in FY 1984. The North 
Aleutian Basin and the Mid-Atlantic Planning Areas were added in FY 
1990. The Washington-Oregon Planning Area and the Florida Panhandle 
area of the Eastern Gulf of Mexico Planning Area were added in FY 1991. 
The South Atlantic Planning Area was added in FY 1992. With slight 
adjustments in some areas, all these areas have been subject to yearly 
moratoria, with the exception of the North Aleutian Basin, which has 
not been included since FY 2004. See Figures 3 and 4 for maps showing 
the areas currently subject to presidential withdrawal and/or 
congressional moratoria. The Administration has repeatedly stated its 
support for the existing moratoria, based upon deference to the wishes 
of the states to determine what activities take place off their coasts.
    Given that the presidential withdrawals bar the conduct of lease 
sales in those areas for the entire 5-year planning period until 2012, 
and that most of the areas have been subject to congressional 
moratoria, a full analysis of these areas under section 18 of the OCS 
Lands Act may not be necessary. However, in the Energy Policy Act of 
2005, Congress required the Secretary of the Interior to conduct a 
comprehensive inventory of oil and gas resources beneath all the waters 
of the OCS, taking into account considerations such as the potential 
for discovery of oil and gas and state laws and policies. Therefore, 
consistent with the purposes of both the OCS Lands Act and the recently 
enacted Energy Policy Act of 2005, MMS is soliciting information from 
governors, local officials, and other interested parties concerning all 
areas of the OCS.
    As set forth in more detail later in this notice, the information 
needed is wide-ranging, including other uses of the sea, marine 
productivity, and environmental sensitivity. Accordingly, this notice 
provides an opportunity for a governor or anyone else to comment on any 
area of the OCS, whether to reaffirm longstanding positions or to bring 
other information or positions to the Secretary's attention. Such 
information is therefore solicited and will be considered in light of 
the factors specified by section 18 of the OCS Lands Act, discussed 
later in this notice and in light of existing moratoria. Based upon the 
analysis of these factors, the Secretary will decide which areas to 
exclude from the draft proposed program. Pursuant to section 18, 
excluded areas will not require any further analysis. The Secretary 
also seeks comments on whether the existing presidential withdrawals or 
Congressional moratoria should be modified or expanded to include other 
areas in the OCS. Finally, the Secretary has no intention of offering 
for leasing areas in the Eastern Gulf of Mexico Planning Area within 
100 miles of the coast of the State of Florida.

Section 18

    As previously noted, the program preparation process will follow 
all the procedural steps required by section 18 of the OCS Lands Act. 
This notice solicits comments early in the preparation process pursuant 
to section 18(c)(1) of that Act. The MMS will prepare a draft proposed 
program based on consideration of the comments we receive and analysis 
of the principles and factors specified in section 18. The draft 
proposed program will present for review and comment a preliminary 
schedule of lease sales and potential alternatives.
    Section 18 of the OCS Lands Act lists the factors to be 
considered--the economic, social, and environmental values of all of 
the resources of the OCS and the potential impact of oil and gas 
exploration on the environment. Specific factors which must be analyzed 
and considered in deciding where and when to lease include: (1) 
Existing information on the geographical, geological, and ecological 
characteristics of such regions; (2) equitable sharing of developmental 
benefits and environmental risks among the various regions; (3) 
location of such regions and regional and national energy markets; (4) 
location with respect to other current and anticipated uses of the sea 
and seabed; (5) expressed industry interest; (6) laws, goals, and 
policies of affected states specifically identified by governors; (7) 
relative environmental sensitivity and marine productivity of

[[Page 49672]]

different areas of the OCS; and (8) environmental and predictive 
information for different areas of the OCS. The OCS Lands Act requires 
the Secretary to obtain a proper balance among the potentials for 
environmental damage, the discovery of oil and gas, and adverse impact 
on the coastal zone, using cost-benefit analysis.

Types of Information Requested

    The MMS invites comments from anyone who would like to submit 
information for us to consider in determining the appropriate size, 
timing, and location of OCS leasing for the 5-year period July 2007 
through June 2012. The types of information we seek are described 
below, using general and specific headings. Regardless of these 
headings, all respondents are welcome to comment on any aspect of 
program preparation and to submit any type of pertinent information.

General

    The MMS would like to receive comments and suggestions of national 
or regional application that would be useful in formulating the new 5-
year program. The types of information that would be most useful to us 
in conducting the analysis pursuant to section 18 of the OCS Lands Act 
relate to the following factors:
    (1) National energy needs for the period relevant to the new 
program (in particular for this program, the role of OCS leasing in 
achieving national energy policy goals, including its potential for 
contributing to increased domestic natural gas supplies); the economic, 
social, and environmental values of the renewable and nonrenewable 
resources contained in the OCS; and the potential impact of oil and gas 
exploration on other resource values of the OCS and the marine, 
coastal, and human environments;
    (2) Geographical, geological, and ecological characteristics of the 
planning areas of the OCS and near shore and coastal environments;
    (3) Equitable sharing of developmental benefits and environmental 
risks among the various planning areas;
    (4) Location of planning areas with respect to, and the relative 
needs of, regional and national energy markets;
    (5) Other uses of the sea and seabed, including fisheries, 
navigation, military activities, existing or proposed sealanes, 
potential sites of deepwater ports (including liquefied natural gas 
facilities), potential offshore wind and wave energy sites, and other 
anticipated uses of OCS resources and locations; and any information 
that could be useful for future rulemaking concerning offshore 
alternative energy as authorized by the Energy Policy Act of 2005;
    (6) Relative environmental sensitivity and marine productivity of 
the different planning areas and/or specific section of a given 
planning area of the OCS;
    (7) Environmental and predictive information pertaining to offshore 
and coastal areas potentially affected by OCS development (including, 
but not limited to, socio-cultural and archaeological information); and
    (8) Methods and procedures for assuring the receipt of fair market 
value for lands leased.
    The MMS also invites commenters to respond to the following 
questions:
    (i) What do you think is the proper role of the OCS as part of a 
comprehensive national energy policy? How should the 5-year program for 
2007-2012 be structured to fulfill this role?
    (ii) Since recent studies have projected shortfalls in meeting 
energy needs, particularly natural gas, how should such needs be 
balanced with the laws, goals, and policies influencing the management 
of the OCS? How should long-term planning address the current energy 
supply situation?
    (iii) Although OCS oil and gas leasing is typically conducted 
through an extensive, long-established process, are there alternative 
ways to ensure appropriate consultation and to streamline our leasing 
procedures? Should the OCS Lands Act be amended to allow changes in the 
5-year plan without starting the process all over again in cases of 
acute supply or demand shift affecting national security? How might we 
best meet the purpose of the OCS Lands Act ``to insure that the extent 
of oil and gas resources of the outer Continental Shelf is assessed at 
the earliest practicable time''?
    (iv) If new areas are leased for exploration and potential 
development, what short-term and long-term impacts do you foresee for 
the economies of coastal communities?
    (v) How should ecological considerations be weighed against 
national and local economic benefits, if new areas are considered for 
oil and gas leasing?

Specific

Inventory Provision of Energy Policy Act of 2005
    Section 357 of the Energy Policy Act of 2005 directs the Secretary 
to ``conduct an inventory and analysis of oil and natural gas resources 
beneath all of the waters'' of the OCS. The statute requires that the 
analysis ``identify and explain how legislative, regulatory, and 
administrative programs and processes restrict or impede development'' 
of OCS resources and ``the extent that they affect domestic supply.'' 
Comments are solicited on how legislative, regulatory, and 
administrative programs or processes of the Federal Government or 
coastal states, as well as local zoning restrictions on onshore 
processing facilities and pipeline landings, restrict domestic energy 
production from the OCS. Further, what recommendations should be 
considered to ensure that domestic resource potential is adequately 
assessed?
    The inventory and analysis must use available data on oil and gas 
resources including those data offshore Mexico and Canada that can aid 
in establishing trends of hydrocarbon accumulations in the U.S. areas 
of the OCS. The Energy Policy Act of 2005 also authorizes use of 
available technologies, except drilling, to establish a comprehensive 
inventory, specifically 2-D and 3-D seismic surveys. MMS seeks comments 
and information regarding availability of these technologies to obtain 
more precise resource estimates.
Gas-Only Leasing
    MMS also seeks input on ways the leasing program can be designed to 
promote increased production of natural gas from the OCS. Natural gas 
has been identified as the environmentally preferred fossil fuel and 
currently accounts for at least 25 percent of the Nation's fuel needs. 
It is expected to remain a critical component of the Nation's energy 
demand well into the 21st century. MMS is interested in comments on the 
possibility of ``gas-only'' leasing, particularly in light of the 
dramatic rise in natural gas costs. There may be some areas very 
sensitive to potential accidental oil spills that may be suited to gas-
only production, since natural gas would not pollute neighboring land 
areas in case of the loss of control of a well. It is recognized that 
the current law covers ``oil and gas'' leasing, and that the OCS Lands 
Act may need to be amended to allow leasing of the separate 
commodities. MMS requests any comments, but especially on the following 
questions:
    (1) Can gas-only production be realistically anticipated?
    (2) Where on the OCS should such leases be offered?
    (3) What technological obstacles may exist?
    (4) What steps would have to be taken if significant amounts of oil 
are encountered? Would the well have to be capped?

[[Page 49673]]

    (5) What steps would have to be taken if condensate is encountered?
    (6) How would gas-only production affect the OCS Lands Act 
requirement for ``prevention of waste and conservation of the natural 
resources''?
Alaska Specific
    In several areas offshore Alaska, the current program includes a 
``special'' sales process to provide the Secretary flexibility to offer 
such areas if the interest is sufficient. Should the ``special'' lease 
sale process used in the current 5-year program be continued or amended 
to reflect regional needs?
Restricted Joint Bidders
    It has been suggested that the inability of the larger oil and gas 
companies to submit joint bids may be an important factor in the low 
interest in some Alaska OCS lease sales, given the lack of 
infrastructure and the cost and risk of operating in frontier areas. 
Should MMS consider dropping the current joint bidding restrictions for 
such companies in certain areas of the Alaska offshore? If so, where 
and why?
Affected Coastal States
    As specified in section 18(a)(2)(F) of the OCS Lands Act, the MMS 
requests the governors of affected states to identify state laws, 
goals, and policies relevant to OCS oil and gas. A letter soliciting 
such information has been sent to those governors. Pursuant to section 
18(f)(5) of the OCS Lands Act and implementing regulations at 30 CFR 
256.20, MMS requests information concerning the relationship between 
OCS oil and gas activity and the states' coastal zone management 
programs that are being developed or administered under the Coastal 
Zone Management Act. We also request the affected states to submit 
information concerning environmental risk and potential for damage to 
coastal and marine resources associated with development of the OCS, 
information related to other uses of the sea, and any information that 
is relevant to equitable sharing of developmental benefits and 
environmental risks associated with OCS oil and gas activity.
Oil and Gas Industry
    As specified in section 18(a)(2)(E) of the OCS Lands Act, the MMS 
requests oil and gas industry respondents to provide information 
indicating interest in the opportunity to lease and develop additional 
OCS oil and gas resources. Respondents should base this information on 
their expectations as of 2007. For each area in which a company is 
interested, please submit information concerning unleased hydrocarbon 
potential, future oil and gas price expectations, and other relevant 
information that the company uses in making OCS oil and gas leasing 
decisions. The MMS requests industry respondents to provide additional 
information as specified below. On request such information will be 
treated confidentially, as explained further below:
    (1) Indicate the OCS planning area(s) where the company would be 
interested in acquiring oil and gas leases during the period 2007-2012. 
If more than one planning area is of interest, rank the areas in order 
of preference.
    (2) Indicate the number and timing of lease sales in the period 
2007-2012 that would be appropriate for each planning area. If only one 
lease sale in a planning area is appropriate, indicate whether that 
area should be considered for leasing early or late in the 5-year 
program schedule. If more than one lease sale in a planning area is 
suggested, indicate the preferred interval between lease sales.
    Section 18(g) of the OCS Lands Act authorizes confidential 
treatment of privileged or proprietary information. In order to protect 
the confidentiality of privileged or proprietary information, include 
such information as an attachment to other comments submitted so that 
there is no ambiguity about what portions of the comments are 
confidential or proprietary. On request, the MMS will treat the 
privileged or proprietary information that is attached to a response as 
confidential from the time of its receipt until 5 years after approval 
of the 2007-2012 leasing program, subject to the standards of the 
Freedom of Information Act. However, the MMS will not treat as 
confidential any aggregate summaries of such information, the names of 
respondents, or comments not containing such information. As noted 
above, there should be affixed the label ``Contains Confidential 
Information'' on any envelope containing privileged or proprietary 
information that a respondent wishes to be treated as confidential.
Department of Commerce
    Pursuant to section 18(f)(5) of the OCS Lands Act and implementing 
regulations at 30 CFR 256.20, the MMS requests information concerning 
relationships between affected states' coastal zone management programs 
and OCS oil and gas activities. We have sent a letter to the Secretary 
of Commerce soliciting such information.
Department of Energy
    Pursuant to implementing regulations at 30 CFR 256.16, the MMS 
requests information concerning regional and national energy markets, 
OCS production goals, and oil and gas transportation networks. We have 
sent a letter to the Secretary of Energy soliciting such information.

EIS Preparation

    Pursuant to section 102(2)(C) of NEPA, the MMS intends to prepare 
an EIS for the new 5-year OCS oil and gas leasing program for 2007-
2012. This notice starts the scoping process for the EIS under 40 CFR 
1501.7, and solicits information regarding issues and alternatives that 
should be evaluated in the EIS. The EIS will address the potential 
impacts of the adoption of the proposed 5-year program. The MMS 
requests respondents to focus their comments on the significant 
environmental issues attendant to OCS oil and gas leasing and 
development and on alternative options for the size, timing, and 
location of lease sales that should be evaluated in the EIS. Please 
label and submit comments as indicated above. The MMS will consider 
these comments for the purposes of determining the scope of the EIS we 
plan to prepare and the schedule for scoping. For further information 
about preparation of the EIS, please contact Mr. Jim Bennett, Chief, 
Branch of Environmental Assessment at the Minerals Management Service, 
381 Elden Street, MS 4042, Herndon, Virginia 20170, telephone (703) 
787-1660.

Cooperating Agency

    The Department of the Interior invites other Federal agencies and 
state, tribal, and local governments to consider becoming cooperating 
agencies in the preparation of the EIS. We invite qualified government 
entities to inquire about cooperating agency status for the EIS for the 
proposed 5-year program. Per guidelines from the Council of 
Environmental Quality (CEQ), qualified agencies and governments are 
those with ``jurisdiction by law or special expertise.'' Potential 
cooperating agencies should consider their authority and capacity to 
assume the responsibilities of a cooperating agency and to remember 
that an agency's role in the environmental analysis neither enlarges 
nor diminishes the final decision making authority of any other agency 
involved in the NEPA process. Upon request, MMS will provide potential 
cooperating agencies with a written summary of ground rules for

[[Page 49674]]

cooperating agencies, including time schedules and critical action 
dates, milestones, responsibilities, scope and detail of cooperating 
agencies' contributions, and availability of pre-decisional 
information. MMS anticipates this summary will form the basis for a 
Memorandum of Understanding between the MMS and each cooperating 
agency. Agencies should also consider the ``Factors for Determining 
Cooperating Agency Status'' in Attachment 1 to CEQ's January 30, 2002, 
Memorandum for the Heads of Federal Agencies: Cooperating Agencies in 
Implementing the Procedural Requirements of the National Environmental 
Policy Act. A copy of this document is available at: http://ceq.eh.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html 
and http://ceq.eh.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
    The MMS, as the lead agency, will not be providing financial 
assistance to cooperating agencies. Even if an organization is not a 
cooperating agency, opportunities will exist to provide information and 
comments to MMS during the normal public input phases of the NEPA/EIS 
process. MMS will also consult with tribal governments on a government-
to-government basis. If further information about cooperating agencies 
is needed, please contact Mr. Jim Bennett, at (703) 787-1660.

    Dated: August 22, 2005.
R.M. ``Johnnie'' Burton,
Director, Minerals Management Service.
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[FR Doc. 05-16905 Filed 8-22-05; 12:07 pm]
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