Why the OCS Alternative Energy and Alternate Use Programmatic EIS Is Needed

The Alternative Energy and Alternate Use Programmatic Environmental Impact Statement (EIS) is required to comply with the Energy Policy Act of 2005, and to maintain compliance with the National Environmental Policy Act of 1969, which specifies when EISs must be prepared.

The Energy Policy Act of 2005

With the passage of the Energy Policy Act of 2005, the Minerals Management Service (MMS) was given discretionary authority to grant a lease, easement, or right-of-way for alternate energy-related use projects on the Outer Continental Shelf (OCS), including, but not limited to:

• wind,
• wave,
• current,
• solar energy, and
• hydrogen.

MMS was also given jurisdiction over other projects that make alternate use of existing oil and natural gas platforms in Federal waters. A new program within MMS (Alternative Energy and Alternate Use Program) is in the process of being established to oversee these new operations on the OCS.

National Environmental Policy Act of 1969 (NEPA)

Federal laws and regulations require the federal government to evaluate the effects of its actions on the environment and to consider alternative courses of action. The National Environmental Policy Act of 1969 (NEPA) specifies when an environmental impact statement (EIS) must be prepared. NEPA requires that an EIS be prepared for major federal actions with the potential for significant impact on the quality of the human environment.

The MMS has determined that establishment of the Alternative Energy and Alternate Use Program constitutes a major federal action that may have a significant impact upon the environment within the meaning of NEPA, thus MMS has prepared a programmatic EIS.

Why a Programmatic EIS Is Appropriate

A Programmatic EIS evaluates the environmental impacts of broad agency actions, such as the development of programs or the setting of national policies. The Alternative Energy and Alternate Use Program will define and implement a program that sets the stage for potential site-specific actions that might result in significant impacts to the environment. Since the focus of this programmatic EIS is on the program, it is expected that subsequent NEPA documents prepared for site-specific AEAU projects will tier from this programmatic EIS and the resulting Record of Decision.

Energy and the Environment

Environmental protection is an integral part of energy production.

The Energy Policy Act of 2005 addresses the Nation's need for ensuring greater security and affordability in our energy supply while also protecting the environment. Any steps the Agencies take to implement the Energy Policy Act will continue to include thorough environmental review and analysis.

Nothing in the Energy Policy Act changes the requirements of environmental laws such as the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, and the Clean Air Act.

In addition, the MMS remains committed to the principles of cooperative conservation and community collaboration with the many groups interested in environmentally responsible management of the public lands and waters.