1. Birds and Offshore Wind Development in the Northeast/Mid- Atlantic February 13, 2008 Birds and Offshore Wind Development in the Northeast/Mid- Atlantic February 13, 2008 Bob LaBelle Bob LaBelle Deputy Associate Director, Deputy Associate Director, MMS Offshore Energy & Minerals Management Bob LaBelle Bob LaBelle Deputy Associate Director, Deputy Associate Director, MMS Offshore Energy & Minerals Management

2. MMS Regulatory Role U.S. Outer Continental Shelf Federal Submerged Lands (Marine)Federal Submerged Lands (Marine) Generally 3 miles to 200 miles offshoreGenerally 3 miles to 200 miles offshore Begins at 9 miles for submerged lands off Texas and the Florida Gulf CoastsBegins at 9 miles for submerged lands off Texas and the Florida Gulf Coasts MMS Primary Authority – Outer Continental Shelf Lands ActMMS Primary Authority – Outer Continental Shelf Lands Act U.S. Outer Continental Shelf Federal Submerged Lands (Marine)Federal Submerged Lands (Marine) Generally 3 miles to 200 miles offshoreGenerally 3 miles to 200 miles offshore Begins at 9 miles for submerged lands off Texas and the Florida Gulf CoastsBegins at 9 miles for submerged lands off Texas and the Florida Gulf Coasts MMS Primary Authority – Outer Continental Shelf Lands ActMMS Primary Authority – Outer Continental Shelf Lands Act

3. Alternative Energy Authority Section 388 of the Energy Policy Act of 2005 Amended OCS Lands Act to include authority for authorizing alternative energy projects on the OCS (e.g., wind, wave, and ocean current)Amended OCS Lands Act to include authority for authorizing alternative energy projects on the OCS (e.g., wind, wave, and ocean current) Section 388 of the Energy Policy Act of 2005 Amended OCS Lands Act to include authority for authorizing alternative energy projects on the OCS (e.g., wind, wave, and ocean current)Amended OCS Lands Act to include authority for authorizing alternative energy projects on the OCS (e.g., wind, wave, and ocean current)

4. Supersede or modify existing Federal authoritySupersede or modify existing Federal authority Authorize any oil and gas activities in moratoria areasAuthorize any oil and gas activities in moratoria areas Apply to areas designated as National Marine Sanctuaries, National Parks, National Wildlife Refuges, or any National MonumentsApply to areas designated as National Marine Sanctuaries, National Parks, National Wildlife Refuges, or any National Monuments Supersede or modify existing Federal authoritySupersede or modify existing Federal authority Authorize any oil and gas activities in moratoria areasAuthorize any oil and gas activities in moratoria areas Apply to areas designated as National Marine Sanctuaries, National Parks, National Wildlife Refuges, or any National MonumentsApply to areas designated as National Marine Sanctuaries, National Parks, National Wildlife Refuges, or any National Monuments New Authority Does Not

5. Key Mandates of New Authority Competitive IssuanceCompetitive Issuance SafetySafety Protection of the environmentProtection of the environment Coordination with affected State & local governments and Federal agenciesCoordination with affected State & local governments and Federal agencies Fair return for use of OCS landsFair return for use of OCS lands Revenue Sharing with affected StatesRevenue Sharing with affected States Competitive IssuanceCompetitive Issuance SafetySafety Protection of the environmentProtection of the environment Coordination with affected State & local governments and Federal agenciesCoordination with affected State & local governments and Federal agencies Fair return for use of OCS landsFair return for use of OCS lands Revenue Sharing with affected StatesRevenue Sharing with affected States

6. Program Considerations Regulating a broad spectrum of activities: Alternative energy (e.g., wind, ocean wave, ocean current, and solar)Alternative energy (e.g., wind, ocean wave, ocean current, and solar) Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities)Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities) Regulating a broad spectrum of activities: Alternative energy (e.g., wind, ocean wave, ocean current, and solar)Alternative energy (e.g., wind, ocean wave, ocean current, and solar) Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities)Alternate use of existing facilities (e.g., research and offshore support stations, recreation opportunities)

7. Program Considerations Regulating an emerging industry Pioneering and entrepreneurialPioneering and entrepreneurial Relatively under capitalizedRelatively under capitalized Deploying prototype technology with uncertain environmental implicationsDeploying prototype technology with uncertain environmental implications Operating in OCS frontier areas AtlanticAtlantic Northern CaliforniaNorthern California Washington/OregonWashington/Oregon Regulating an emerging industry Pioneering and entrepreneurialPioneering and entrepreneurial Relatively under capitalizedRelatively under capitalized Deploying prototype technology with uncertain environmental implicationsDeploying prototype technology with uncertain environmental implications Operating in OCS frontier areas AtlanticAtlantic Northern CaliforniaNorthern California Washington/OregonWashington/Oregon

8. Key Section 388 Mandates SafetySafety Protection of the environmentProtection of the environment Coordination with affected State & local governments and Federal agenciesCoordination with affected State & local governments and Federal agencies Fair return for use of OCS landsFair return for use of OCS lands Equitable sharing of revenue with StatesEquitable sharing of revenue with States SafetySafety Protection of the environmentProtection of the environment Coordination with affected State & local governments and Federal agenciesCoordination with affected State & local governments and Federal agencies Fair return for use of OCS landsFair return for use of OCS lands Equitable sharing of revenue with StatesEquitable sharing of revenue with States