Abstract
The staffs of the U.S. Department of the Interior's Bureau of Ocean Energy Management (BOEM) and the Federal Energy Regulatory Commission (Commission or FERC) are issuing these guidelines as part of an ongoing effort to clarify jurisdictional responsibilities for marine hydrokinetic (MHK) projects on the Outer Continental Shelf (OCS). This document replaces the guidelines provided in version 2, dated July 19, 2012. The goal is to develop a cohesive, streamlined process that will help accelerate the development of MHK (i.e., wave, tidal, and ocean current) energy projects, consistent with the Memorandum of Understanding (MOU) between the U.S. Department of the Interior and FERC (executed April 9, 2009, see Attachment A - Memorandum of Understanding Between the Department of the Interior and the Federal Energy Regulatory Commission, April 9, 2009). As recognized by the MOU, BOEM has jurisdiction to issue leases on the OCS for MHK projects, and FERC has jurisdiction to issue licenses for these same projects. This document is designed to provide information to applicants and stakeholders about the responsibilities of each agency and how to best navigate the process of obtaining an MHK lease and license on the OCS. It uses a format of frequently asked questions (FAQs) to address regulatory issues. The FAQs are divided into the following topic areas: introduction, general requirements and definitions, procedures for obtaining a lease and license, municipalities and competition, lease and license terms, financial assurance requirements, fee structures, hybrid project considerations, straddle project considerations, and contact information. These guidelines are intended to explain and provide more detail about the roles of BOEM and FERC in authorizing the use of the OCS for MHK activities. At this time, little information relating to design, construction, and operations requirements, or to inspection and compliance procedures, is included. Such information will be developed as MHK projects are authorized, and subsequently may be incorporated, as appropriate. This document is not a substitute for the statutes and regulations governing BOEM renewable energy leases and FERC licenses. It is not intended to be a rule or regulation. BOEM and FERC may later promulgate regulations, if necessary. Further, this guidance is not designed or intended to anticipate every possible scenario that could arise in developing MHK projects on the OCS. For specific guidance, prospective lessees, licensees, and other participants should rely on relevant statutes and regulations, and information and instructions provided by agency contacts, supplemented as necessary with your own source for legal advice. These guidelines may receive additional revisions periodically, as warranted by statute and regulation or policy changes as lessons are learned during MHK development on the OCS. The dates of any revisions will be annotated in this document. The most current version is available at https://www.boem.gov/guidance and https://www.ferc.gov/industries/hydropower/geninfo/licensing/hydrokinet… .