[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62672-62673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21792]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Alternative Energy and Alternate Use Final Programmatic 
Environmental Impact Statement

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of Availability (NOA) of the Final Programmatic 
Environmental Impact Statement (EIS).

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SUMMARY: The MMS has prepared a final programmatic EIS in support of 
the establishment of a program for authorizing alternative energy and 
alternate use activities on the Outer Continental Shelf (OCS), as 
authorized by Section 388 of the Energy Policy Act of 2005 (EPAct), and 
codified in subsection 8(p) of the Outer Continental Shelf Lands Act 
(OCSLA). Pursuant to the regulations implementing the National 
Environmental Policy Act (NEPA), the MMS is announcing the availability 
of this final programmatic EIS. As part of its efforts to develop a 
regulatory program for alternative energy and alternate use activities, 
this final programmatic EIS examines the potential environmental 
effects of the program on the OCS and identifies policies and best 
management practices that may be adopted for the program. Several 
alternatives available to the MMS for implementing an alternative 
energy and alternate use program on the OCS are analyzed in this final 
programmatic EIS, including the ``no action'' alternative.
    The MMS intends to prepare a separate NEPA analysis, tiered from 
this EIS, to evaluate the environmental impacts of the proposed rule 
for alternative energy and alternate use activities on the OCS. 
Further, separate lease sale, activity-specific, and proposal-specific 
NEPA analyses will be prepared as appropriate.

    Authority: The NOA is published pursuant to the regulations (40 
CFR 1506.6) implementing the provisions of the National 
Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 4321 
et seq. (1988)).

SUPPLEMENTARY INFORMATION: Section 388 of the EPAct, granted 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 OCS that produce or support production, 
transportation, or transmission of energy from sources other than oil 
and gas, and are not otherwise authorized by other applicable law. The 
Secretary delegated this authority to the MMS. Examples of the general 
types of alternative energy project activities that MMS has the 
discretion to authorize may include, but are not limited to: Wind 
energy, wave energy, ocean current energy, solar energy, and hydrogen 
production.
    The MMS has also been delegated discretionary authority to 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,'' to the 
extent such activities are not otherwise authorized by other applicable 
law. Such activities may include, but are not limited to: Offshore 
aquaculture, research, education, recreation, and support for offshore 
operations and facilities.
    This programmatic EIS analyzes the environmental impacts from 
potential activities that may arise from the establishment of an 
alternative energy and alternate use program on the OCS in the 
reasonably foreseeable future, defined in the EIS as 5-7 years. The MMS 
chose to prepare this programmatic EIS to assist its efforts to develop 
a comprehensive program and to complete the proposed rule. The 
programmatic EIS analyzes the potential environmental impacts that 
could result from the development of alternative energy and alternative 
use projects on the OCS and identifies potential mitigation measures. 
As such, the programmatic EIS process:
    (1) Provides for public input, through scoping meetings, hearings, 
and written comments, concerning the scope of national issues 
associated with offshore alternative energy and alternate use 
activities;
    (2) Identifies, defines, and assesses generic environmental impacts 
associated with potential offshore alternative energy and alternate use 
activities to increase the agency understanding of the environmental 
consequences of future actions;
    (3) Evaluates and proposes policies and best management practices 
that may be adopted for any rulemaking by MMS; and,
    (4) Establishes a foundation for future NEPA analyses required for 
the implementation of the alternative energy and alternate use program.
    The preferred alternative of this final programmatic EIS combines 
elements of the proposed action and the ``case-by-case'' alternative. 
This combination provides MMS flexibility to issue and manage leases, 
easements, or rights-of-way on the OCS for alternative energy and 
alternate use activities during the rulemaking process. Areas of the 
OCS that are assessed in this programmatic EIS are limited to those not 
expressly excluded under Section 388 of the EPAct, such as any areas on 
the OCS within the exterior boundaries of any unit of the National Park 
System, National Wildlife Refuge System, National Marine Sanctuary 
System, or any National Monument.
    EIS Availability: To obtain a single printed or CD-ROM copy of the 
final programmatic EIS, you may contact the

[[Page 62673]]

Minerals Management Service, Environmental Assessment Branch (MS 4042), 
381 Elden Street, Herndon, Virginia 20170. An electronic copy of the 
final programmatic EIS is available at the MMS's EIS Web site at: 
ocsenergy.anl.gov.

FOR FURTHER INFORMATION CONTACT: Minerals Management Service, Mr. James 
F. Bennett, Environmental Division, 381 Elden Street, Herndon, Virginia 
20170, (703) 787-1660.

    Dated: October 25, 2007.
Robert P. LaBelle,
Acting Associate Director for Offshore Minerals Management.
[FR Doc. E7-21792 Filed 11-5-07; 8:45 am]
BILLING CODE 4310-MR-P