As discussed in a previous post, FERC and the Minerals Management Service (MMS) have been working to resolve the long-standing conflict over jurisdiction over the Outer Continental Shelf (OCS). Today, the Secretary of the Interior Salazar and FERC Chairman Wellinghoff announced the final agreement (pdf) between the two agencies.
Under the agreement, MMS retains exclusive jurisdiction over non-hydrokinetic projects (like wind and solar installations) in the OCS, while FERC has jurisdiction over hydrokinetic generation. MMS does retain exclusive jurisdiction to issue leases, easements and rights-of-way on the OCS, however: FERC will no longer issue "preliminary permits" and will not license OCS hydrokinetic projects until the applicant has obtained a lease, easement or ROW from MMS.
A full copy of the Memorandum of Understanding between the two agencies can be found here (pdf).
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