MMS Information Collection Activity: NEW Information Collection; Lease of Submerged Lands for Alternative Energy Activities on the OCS; Comment Request, 71152-71157 [E7-24252]

Download as PDF rmajette on PROD1PC64 with NOTICES 71152 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices 6. A right-of-way for power transmission lines granted to Nevada Power Company, its successors and assigns, by right-of-way N–78827, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 7. A right-of-way for an underground distribution line granted to Nevada Power Company, its successors and assigns, by right-of-way N–83665, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761. Upon publication of this notice in the Federal Register, the land described above will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease/conveyance under the R&PP Act, leasing under the mineral leasing laws and disposals under the mineral material disposal laws. Interested parties may submit written comments regarding the specific use proposed in the application and plan of development, whether BLM followed proper administrative procedures in reaching the decision to lease/convey under the R&PP Act, or any other factor not directly related to the suitability of the land for R&PP use. Any adverse comments will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted by postal service or overnight mail to the Field Manager, BLM Las Vegas Field Office, will be considered properly filed. Electronic mail, facsimile, or telephone comments will not be considered properly filed. Comments, including names and addresses of respondents, will be available for public review. In the absence of any adverse comments, the decision will become effective on February 12, 2008. The lands will not be available for lease/ conveyance until after the decision becomes effective. (Authority: 43 CFR 2741.5) VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 Dated: November 30, 2007. Mark Chatterton, Assistant Field Manager, Non-Renewable Resources, Las Vegas, Nevada. [FR Doc. E7–24219 Filed 12–13–07; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS–2007–OMM–0072] MMS Information Collection Activity: NEW Information Collection; Lease of Submerged Lands for Alternative Energy Activities on the OCS; Comment Request Minerals Management Service (MMS), Interior. ACTION: Notice of a new information collection (1010–NEW) and request for comments. AGENCY: SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements that address new Form MMS–0001, Lease of Submerged Lands for Alternative Energy Activities on the Outer Continental Shelf (OCS), which is printed within this Federal Register notice. This form is used to enter into a leasing agreement between MMS and a respondent to conduct data collection and/or technology testing on the OCS. The MMS is also asking for comments on the lease form. Section 388 of the Energy Policy Act of 2005 (Pub. L. 109–58), amended section 8 of the OCS Lands Act (43 U.S.C. 1337(p)) and gave responsibility to MMS to grant a lease, easement, or right-of-way on the OCS for alternative energy-related uses not otherwise authorized under the Lands Act. DATES: Submit written comments by February 12, 2008. ADDRESSES: You may submit comments by either of the following methods listed below. • Electronically: go to http:// www.regulations.gov, select ‘‘Minerals Management Service’’ from the agency drop-down menu, then click ‘‘submit.’’ In the Docket ID column, select MMS– 2007–OMM–0072 to submit public comments and to view any supporting and related materials available. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 comment period, is available through the site’s ‘‘User Tips’’ link. All comments submitted will be published and posted to the docket after the closing period. • Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; Attention: Cheryl Blundon; 381 Elden Street, MS–4024; Herndon, Virginia 20170–4817. Please reference ‘‘Information Collection 1010– NEW’’ in your comments. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch at (703) 787–1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of section 388 of the Energy Policy Act. You may contact Maureen A. Bornholdt, Program Manager, Alternative Energy Programs at 703–787–1300 for lease questions. SUPPLEMENTARY INFORMATION: Title: Lease of Submerged Lands for Alternative Energy Activities on the OCS. Form(s): MMS–0001. OMB Control Number: 1010–NEW. Abstract: Section 388 of the Energy Policy Act of 2005 (Pub. L. 109–58) amended the OCS Lands Act to add a new paragraph (p) to section 8 of the Act (43 U.S.C. 1337(p)) to allow the Department of the Interior, acting through the Minerals Management Service (MMS), to grant a lease, easement, or right-of-way on the OCS for alternative energy-related uses not otherwise authorized under the Lands Act. An early step in the process entails data collection and/or technology testing in order to assess alternative energy resources and production methodologies. This lease form and its requisite information collection are needed for MMS to authorize and convey rights under limited-term leases to conduct data collection and/or technology testing activities on specific areas of the OCS. This information collection request (ICR) addresses the form and accompanying information, which will be used by MMS and the emerging alternative energy industry as a contract instrument to bind both parties as to their rights and responsibilities under the lease. We will protect information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2). No items of a sensitive nature are collected. Responses are required to obtain or retain benefits. Frequency: On occasion. Estimated Number and Description of Respondents: Approximately 30 alternative energy respondents. E:\FR\FM\14DEN1.SGM 14DEN1 71153 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices Estimated Reporting and Recordkeeping ‘‘Hour’’ Burden: We are requesting 7,595 hours. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. Form MMS–0001 sections and exhibit Reporting or recordkeeping requirement MMS–0001; Section 1. 1 .............................. 2; 20 ........................ 4 .............................. 7 .............................. Fill out and submit form MMS–0001, Lease Agreement, for consideration; execute lease ................. 1. Prepare and submit initial survey activities (e.g., geotechnical, geophysical, shallow hazard) ............ Designate operator when more than one lessee; report change of address ....................................... Request extension of lease term and supporting documentation ......................................................... Notify MMS 72 hours prior to commencement/termination of lease; notify MMS when facility is back in service after being out of service for more than 7 days. 8 .............................. 8(c) .......................... 8(d) .......................... 10 ............................ 10 ............................ 10 ............................ Submit plan/modification and supporting documentation ...................................................................... Conduct periodic reviews and inspections ............................................................................................ Request for reconsideration of modification. (Exempt as defined in 5 CFR 1320.3(h)(9) .................... Submit quarterly progress reports ......................................................................................................... Upon request, make available all material used by lessee to interpret data ........................................ Submit final progress report upon conclusion of activities or termination of lease; retain all data for 8 years from effective date. Lessee and relevant third-parties agree to confidential disclosure ....................................................... Allow access and make records available as requested by MMS inspectors; incorporate same requirement in any contract between lessee and third parties. Submit response within 30 days of violation indicating violation(s) were corrected and the correction date. Demonstrate financial worth/ability to carry out present and future financial obligations; submit bond/additional security information. Request assignment or transfer of lease .............................................................................................. Submit written relinquishment request .................................................................................................. Submit report detailing that lessee properly removed structures and restored the area ..................... Comply with and communicate nonprocurement debarment and suspension regulations .................. General departure and alternative compliance requests not specifically covered elsewhere in this form. Compliance with individual stipulations on a case-by-case basis ........................................................ 100. 1. 2. 15 mins. for each requirement × 2 = 30 mins. 100. 2. 0. 4. 3. 4. 11 ............................ 12 ............................ 13 ............................ 14; 15 ...................... 16 ............................ 17 ............................ 18 ............................ 19 ............................ 1–20 ........................ rmajette on PROD1PC64 with NOTICES Exhibit(s) ................. Estimated Reporting and Recordkeeping ‘‘Non-Hour Cost’’ Burden: We have identified no non-hour cost burdens for this collection. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. Comments: Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency ‘‘* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.’’ Agencies must specifically solicit comments to: (a) Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) enhance the quality, usefulness, and clarity of the information to be collected; and (d) minimize the burden on the respondents, including the use of VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 automated collection techniques or other forms of information technology. Agencies must also estimate the ‘‘nonhour cost’’ burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information, monitoring, and record storage facilities. You should not include estimates for equipment or services purchased: (i) before October 1, 1995; (ii) to comply with requirements not associated with the information collection; (iii) for reasons other than to provide information or keep records for the Government; or (iv) as part of customary and usual business or private practices. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Hour burden 1. 2. 2. 4. 30 mins. 1. 10. 10 mins. 10. 5. We will summarize written responses to this notice and address them in our submission for OMB approval. As a result of your comments, we will make any necessary adjustments to the burden in our submission to OMB. Public Comment Procedures: Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We are incorporating the potential lease form and all versions of exhibit B into this notice so respondents will be able to specifically give MMS their comments. (Please note exhibit A is not included here because it is just identification of the area of the lease provided by MMS to the respondent). U.S. Department of the Interior Minerals Management Service OMB Control Number 1010-xxxx OMB Approval Expires xx/xx/xxxx E:\FR\FM\14DEN1.SGM 14DEN1 71154 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices Section 3. Reservations to Lessor. All rights in the leased area not expressly granted to Lessee by the Act or this lease are hereby reserved to Lessor. Lessor LEASE OF SUBMERGED LANDS FOR reserves the right to authorize other uses ALTERNATIVE ENERGY ACTIVITIES on the leased area that will not ON THE OUTER CONTINENTAL unreasonably interfere with activities SHELF authorized under this lease. Office Section 4. Effective Date and Lease Washington, DC Term. This lease shall be effective on llllllllllllllllll l the date that it is signed by both parties (hereinafter ‘‘effective date’’). This lease Lease Number llllllllllllllllll l shall expire five years from the effective date unless the Lessor, acting at its sole Rental Rate This lease is made under the authority discretion upon the written request of Lessee, extends the term of this lease. of Section 43 U.S.C. 1337, subsection Any request for an extension of the lease 8(p) of the Outer Continental Shelf term shall be submitted to Lessor by Lands Act of August 7, 1953 (43 U.S.C. Lessee not less than 30 days but not 1331 et seq.), as amended, (hereinafter more than 90 days prior to the called the ‘‘Act’’), between the United expiration of the lease. The request for States of America, (hereinafter called extension of the lease term shall ‘‘Lessor’’) acting through the Minerals demonstrate to Lessor’s satisfaction that Management Service, its authorized officer, and l (hereinafter, whether one Lessee reasonably needs more time to conduct the alternative energy activities or more, called ‘‘Lessee’’). In described in Exhibit ‘‘B.’’ consideration of the promises, terms, Section 5. Statutes and Regulations. conditions, covenants, and stipulations contained herein or attached hereto, the This lease is issued subject to the Act, all applicable regulations, orders, parties mutually agree as follows: guidelines, and directives issued Section 1. Rights of Lessee. Lessor pursuant to the Act. hereby grants and leases to Lessee the exclusive right, subject to the terms and Section 6. Rentals. Lessee shall pay conditions of this lease, to conduct the Lessor on or before the first day of each alternative energy activities described in lease year a rental as shown on the face Exhibit ‘‘B’’ on the area of submerged hereof. lands of the Outer Continental Shelf Section 7. Notice of Commencement (OCS) described in Exhibit ‘‘A’’ hereof, or Termination of Activities. Lessee such area hereinafter referred to as the shall notify Lessor at least 72 hours ‘‘leased area.’’ Except for the Initial prior to commencing installation of Survey Activities described below, the facilities. Lessee shall notify Lessor any rights granted Lessee herein are limited time a facility is out of service for a to the activities described in Exhibit ‘‘B’’ period greater than 7 days and when the hereof and confer no preferential right facility is returned to service. to acquire, develop or operate Section 8. Project Plan. All activities commercially any alternative energy in the leased area, except the Initial project on the OCS. Survey Activities described in Section Upon execution of this lease and 1, shall be conducted in accordance before submittal of the Project Plan with a Project Plan (hereinafter called required under Section 8, Lessee is the ‘‘Plan’’) prepared by Lessee and authorized to conduct Initial Survey submitted to Lessor. Activities including geotechnical, (a) Except for the Initial Survey geophysical or shallow hazard surveys Activities described in Section 1, Lessee as Lessee deems necessary to identify may not conduct activities under this the appropriate location on the leased lease until Lessor has acknowledged area for placement of any facilities or receipt of the Plan and has raised no other structures. The results of such objections within 60 calendar days of Initial Survey Activities shall be receipt, or Lessor notifies Lessee that provided to Lessor. subsequent modifications to the plan Section 2. Designation of Operator. have satisfied Lessor’s initial objections. When there is more than one Lessee, (b) The Plan shall include the Lessees must designate an Operator. The designated Operator will have authority following information in form and content satisfactory to Lessor: to act on behalf of all Lessees and to (1) A description of the proposed fulfill all of Lessees’ obligations under activities, including the technology this lease. Lessor must approve the intended to be utilized in conducting designated Operator before the activities authorized by this lease and designated Operator may act on the all surveys Lessee intends to conduct; Lessees’ behalf. rmajette on PROD1PC64 with NOTICES UNITED STATES DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 (2) The surface location and water depth for all proposed facilities to be constructed in the leased area; (3) General structural and project installation information; (4) A description of the safety, prevention and environmental protection features or measures that Lessee will use; (5) A brief description of how facilities on the leased area will be removed and the leased area restored as required by Section 18 below; and (6) Any other information reasonably requested by Lessor to ensure Lessee’s activities on the OCS are conducted in a safe and environmentally sound manner. (c) Lessee agrees to conduct periodic reviews and inspections of activities under the lease to ensure compliance with the provisions of the Plan and the terms and conditions of this lease. (d) Any proposed modifications to the Plan shall be submitted to Lessor and Lessor shall have 30 calendar days to raise any objection to the proposed modification prior to implementation. Section 9. Compliance. Lessee agrees to conduct all activities in the leased area in accordance with all applicable laws, rules and regulations. Lessee further agrees that no activities authorized by this lease will be carried out in a manner that: (1) Could interfere with or endanger activities or operations under any lease issued or maintained pursuant to the Act or under any other license or approval issued by any Federal agency in accordance with applicable law prior to the issuance of this lease; (2) could cause any undue harm or damage to marine life; (3) could create hazardous or unsafe conditions; (4) could unreasonably interfere with or harm other uses of the leased area; or (5) could adversely affect sites, structures, or objects of historical or archaeological significance without notice to and direction from the Lessee on how to proceed. Section 10. Progress Reports. Lessee shall submit to Lessor a quarterly progress report that shall include, at a minimum, the following information: (a) A brief narrative of the overall progress since the beginning of the lease term or since the last progress report; and (b) One copy of any and all studies, surveys, inspections or test reports compiled or completed during the given period. Lessee shall also make available to Lessor upon request all raw data, analyses and computational models used by Lessee to interpret such data. At the conclusion of the activities covered by this lease, or at the termination of E:\FR\FM\14DEN1.SGM 14DEN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices this lease, whichever comes first, Lessee shall submit a final progress report. The final progress report shall include, at a minimum, a comprehensive narrative of Lessee’s activities and results from testing, surveys and inspections. Lessee shall retain copies of all such progress and other reports for the duration of the lease term and three years thereafter. Section 11. Confidentiality. To the extent permitted by applicable law, in particular the Freedom of Information Act and implementing regulations, Lessor shall keep confidential all information, including but not limited to studies, surveys, or test reports, received from Lessee for a period of no less than 60 months from receipt, unless disclosure is agreed to by the lessee(s) and all relevant third parties. The Lessor will follow the procedures set forth in 43 CFR § 2.23 with respect to objections to requests for commercial or financial information. Lessor shall be entitled to retain all reports and similar work product delivered to it by Lessee. Section 12. Inspections. Lessee shall: (1) Allow prompt access to any authorized Federal inspector to the site of any activities conducted pursuant to this lease; and (2) provide any documents and records that are pertinent to occupational or public health, safety, or environmental protection that may be requested by MMS or other authorized Federal inspectors. Lessee shall incorporate these requirements in any contract between Lessee and third parties conducting activities on the leased area. Section 13. Violations, Suspensions and Cancellations. If Lessee violates any provision of this lease, Lessor may, after giving written notice ordering lessee to cease and remedy all such violations, suspend any further activities of Lessee under this lease. Lessee may continue activities that are necessary to remedy any violation. If Lessee fails to remedy all violations within 30 days after receipt of a suspension notice, Lessor may, by written notice, cancel this lease and take appropriate action to recover all costs incurred by Lessor by reason of such violation(s). Cancellation of this lease due to any violation of the provisions of this lease by Lessee shall not entitle Lessee to compensation. Lessor, by written notice, may also suspend or cancel this lease when it is necessary (1) to comply with judicial decrees; (2) to respond to a serious threat of imminent harm or injury to human life, or natural, historical or archaeological resources; and (3) to respond to national security or defense requirements. Section 14. Indemnification. Lessee shall indemnify Lessor for, and hold it VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 harmless from, any claim, including claims for loss or damages suffered or costs or expenses incurred by Lessor arising out of any activities conducted by Lessee or its employees, contractors, subcontractors, or their employees, under this lease whenever such damage, cost or expense results from any breach of this lease by Lessee or its employees, contractors, subcontractors, or their employees, or from the wrongful or negligent act or omission of Lessee or its employees, or Lessee’s contractors, subcontractors, or their employees, which causes death, personal injury or damage to property. Lessee shall pay Lessor for such damage, cost, or expense attributable to its breach or negligence or that of its employees, contractors, subcontractors, or their employees within 90 days after a written demand therefore by Lessor. Section 15. Security. Lessee shall maintain at all times a surety bond or other form of security approved by Lessor in the amount of $300,000 (‘‘base bond’’) and shall furnish such additional security (‘‘supplemental bond’’) as may be required by Lessor if, at any time during the term of this lease, Lessor deems such additional security to be necessary. Section 16. Assignment or Transfer of Lease. This lease may not be assigned or transferred in whole or in part without prior written approval of Lessor. Lessor reserves the right, in its sole discretion, to deny approval of any transfer or assignment. Section 17. Surrender of Lease. Lessee may surrender this lease by filing with Lessor a written relinquishment that shall be effective on the date of filing, subject to the responsibility to remove property and restore the leased area pursuant to section 18. Section 18. Removal of Property and Restoration of the Leased Area on Termination of Lease. Within a period of 1 year after cancellation, expiration, relinquishment or other termination of this lease, Lessee shall remove all devices, works and structures from the leased area and restore the leased area to its original condition before issuance of the lease in accordance with the conditions in Exhibit ‘‘B.’’ Within 90 days following the removal of property and restoration of the leased area, Lessee shall provide Lessor with a written report summarizing its facility removal and site restoration activities. Section 19. Debarment Compliance. Lessee shall comply with the Department of the Interior’s nonprocurement debarment and suspension regulations as required by 43 CFR part 42 and/or 2 CFR part 1400 and shall communicate the requirement PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 71155 to comply with these regulations to persons with whom it does business related to this lease by including this term in its contracts and transactions. Section 20. Notices. Except for notices required under Section 7, which Lessee may provide orally, all notices or reports provided under the terms of this lease shall be in writing. Notices shall be delivered to the Lease Representative electronically, by hand, by facsimile, or by United States first class mail, adequate postage prepaid, to the specific persons listed below. Any party’s address may be changed from time-totime by such party giving notice as provided above. Until notice of any change of address is delivered as provided above, the last recorded address of either party shall be deemed the address for all notices required under this lease. For all operational matters, notices shall be provided to the party’s Operations Representative as well as the Lease Representative. (a) Lessor’s Contact Information Lease Representative Operations Representative: Name: Title: Address: Address: Phone: Fax: E-mail: (b) Lessee’s Contact Information Lease Representative Operations Representative: Name: Title: Address: Address: Phone: Fax: E-mail: THE UNITED STATES OF AMERICA, Lessor llllllllllllllllll l (Lessee) llllllllllllllllll l (Signature of Authorized Officer) llllllllllllllllll l (Signature of Authorized Officer) llllllllllllllllll l (Name of Signatory) llllllllllllllllll l (Name of Signatory) llllllllllllllllll l (Title) llllllllllllllllll l (Title) llllllllllllllllll l (Date) llllllllllllllllll l E:\FR\FM\14DEN1.SGM 14DEN1 71156 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices (Date) llllllllllllllllll l (Address of Lessee) If this lease is executed by a corporation, it must bear the corporate seal. PAPERWORK REDUCTION ACT OF 1995 (PRA) STATEMENT: The PRA (44 U.S.C. 3501 et seq.) requires us to inform you that we collect this information as part of authorizing respondents to conduct data collection and/or technology testing on the OCS. The MMS uses the information to evaluate and approve or disapprove the adequacy of the equipment and/or procedures to safely perform the proposed activities in an environmentally responsible manner. Responses are required for benefit. Proprietary data are covered under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. Public reporting burden for this form is estimated at 1 hour per response. This includes the time for completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to the Information Collection Clearance Officer, Mail Stop 4230, Minerals Management Service, 1849 C Street, NW., Washington, DC 20240. MMS Form MMS–0001 (January 2008) EXHIBIT ‘‘B’’ Note: Stipulations will be developed on a case-by-case basis depending upon location, technology utilized and other relevant factors, including site-specific findings from project-specific environmental analyses. Stipulations will also be developed taking into account environmental protections derived from the Alternative Energy Alternate Use (AEAU) programmatic Environmental Impact Statement (EIS). determine the potential to harness the wave and/or current resources on the leased area for the production of energy; (b) Accessing the leased area for permitting, site analysis, extraction of soil and water samples, and other geotechnical analyses and tests necessary to determine the feasibility of converting the wave and/or current resources to electricity; and (c) Any other activities necessary to establish the nature and extent of the wave and/or current resources on the leased area and to establish whether the leased area has sufficient wave and/or current resources for the commercial production and distribution of electricity. Lessee’s rights to conduct the aforesaid alternative energy activities are subject to the following stipulations. Stipulation 1— Note: Stipulations will be developed on a case-by-case basis depending upon location, technology utilized and other relevant factors, including site-specific findings from project-specific environmental analyses. Stipulations will also be developed taking into account environmental protections derived from the Alternative Energy Alternate Use (AEAU) programmatic Environmental Impact Statement (EIS). EXHIBIT ‘‘B’’ DATA COLLECTION ACTIVITIES WIND RESOURCES Lease Number lllllllllll U.S. DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE LEASE OF SUBMERGED LANDS FOR ALTERNATIVE ENERGY ACTIVITIES ON THE OUTER CONTINENTAL DATA COLLECTION ACTIVITIES SHELF WAVE AND/OR CURRENT Lessor hereby grants to Lessee the RESOURCES Lease Number lllllllllll right to conduct the following U.S. DEPARTMENT OF THE INTERIOR Lease Number lllllllllll alternative energy data collection MINERALS MANAGEMENT SERVICE U.S. DEPARTMENT OF THE INTERIOR activities for wind resources on the MINERALS MANAGEMENT SERVICE leased area. ‘‘Wind resources’’ means LEASE OF SUBMERGED LANDS FOR the wind moving across the leased area. ALTERNATIVE ENERGY ACTIVITIES LEASE OF SUBMERGED LANDS FOR These rights include: ON THE OUTER CONTINENTAL ALTERNATIVE ENERGY ACTIVITIES (a) Constructing, installing, using, SHELF ON THE OUTER CONTINENTAL upgrading, maintaining, and removing SHELF Lessor hereby grants to Lessee the meteorological towers to study wind right to conduct the following Lessor hereby grants to Lessee the speed, wind direction, and other alternative energy activities for wave right to conduct the following meteorological data in order to and/or current resources on the leased alternative energy activities for wave determine the potential of the wind area. ‘‘Wave and/or current resources’’ and/or current resources on the leased resources on the leased area for the means the ocean waves and/or currents area. ‘‘Wave and/or current resources’’ production of energy; moving across the leased area. These means the ocean waves and/or currents (b) Accessing the leased area for rights include: moving across the leased area. These permitting, site analysis, extraction of (a) Constructing, installing, using, rights include: soil and water samples, and other upgrading, maintaining, and removing (a) Constructing, installing, using, geotechnical analyses and tests buoys, turbines or other devices, to upgrading, maintaining, and removing necessary to determine the feasibility of study wave and/or current flow, motion, buoys, turbines or other devices, to converting the wind resources to frequency, speed, rise and fall, or study wave and/or current flow, motion, electricity; and direction, and other data in order to (c) Any other activities necessary to frequency, speed, rise and fall, or determine the potential to harness the establish the nature and extent of the direction, and other data in order to TECHNOLOGY TESTING AND DEMONSTRATION ACTIVITIES WAVE AND/OR CURRENT RESOURCES rmajette on PROD1PC64 with NOTICES wave and/or current resources on the leased area for the production of energy; (b) Accessing the leased area for permitting, site analysis, extraction of soil and water samples, and other geotechnical analyses and tests necessary to determine the feasibility of converting the wave and/or current resources to electricity; (c) Employing and testing technology and/or demonstrating Lessee’s ability to convert wave and/or current resources to electricity and to collect and transmit that electricity to market; (d) Installing and testing electrical generators, transformers and substations, electrical distribution and transmission lines, interconnection facilities and related equipment; and (e) Any other activities necessary to establish the nature and extent of the wave and/or current resources on the leased area and to establish whether the leased area has sufficient wave and/or current resources for the commercial production and distribution of electricity. Lessee’s rights to conduct the aforesaid alternative energy activities are subject to the following stipulations. Stipulation 1— VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 EXHIBIT ‘‘B’’ PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices wind resources on the leased area and to establish whether the leased area has sufficient wind resources for the commercial production and distribution of electricity. Lessee’s rights to conduct the aforesaid alternative energy activities are subject to the following stipulations: Stipulation 1— Note: Stipulations will be developed on a case-by-case basis depending upon location, technology utilized and other relevant factors, including site-specific findings from project-specific environmental analyses. Stipulations will also be developed taking into account environmental protections derived from the Alternative Energy Alternate Use (AEAU) programmatic Environmental Impact Statement (EIS). MMS Information Collection Clearance Officer: Arlene Bajusz (202) 208–7744. Dated: December 7, 2007. Randall B. Luthi, Director, Minerals Management Service. [FR Doc. E7–24252 Filed 12–13–07; 8:45 am] BILLING CODE 4310–MR–P DEPARTMENT OF THE INTERIOR National Park Service 30-Day Notice of Submission to the Office of Management and Budget; Opportunity for Public Comment Department of the Interior, National Park Service. ACTION: Notice and request for comments. rmajette on PROD1PC64 with NOTICES AGENCY: SUMMARY: Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB #1024–0224). DATES: Public comments on this Information Collection Request (ICR) will be accepted on or before January 14, 2008. ADDRESSES: You may submit comments directly to the Desk Officer for the Department of the Interior (OMB #1024– 0224), Office of Information and Regulatory Affairs, OMB, by fax at 202/ 395–6566, or by electronic mail at oira_docket@omb.eop.gov. Please also send a copy of your comments to Dr. James Gramann, NPS Social Science Program, 1201 ‘‘Eye’’ St., Washington, DC 20005; or via phone at 202/513– 7189; or via e-mail at James_Gramann@partner.nps.gov. FOR FURTHER INFORMATION CONTACT: Dr. James Gramann, NPS Social Science VerDate Aug<31>2005 15:31 Dec 13, 2007 Jkt 214001 Program, 1201 ‘‘Eye’’ St., Washington, DC 20005; or via phone at 202/513– 7189; or via e-mail at James_Gramann@partner.nps.gov. You are entitled to a copy of the entire ICR package free-of-charge. Comments Received on the 60-Day Federal Register Notice The NPS published a 60-Day Notice to solicit public comments on this ICR in the Federal Register on March 27, 2007 (Vol. 72, FR 1495). The comment period closed on May 29, 2007. After notifications to stakeholders requesting comments, the NPS received three public comments as a result of the publication of this 60-Day Federal Register Notice. In addition, the NPS took part in a workshop to discuss the program. One commenter thought that enough information had been collected over the eight years that the Programmatic Approval for NPS-Sponsored Public Surveys has been in existence and that the program should be discontinued. In response, it is necessary to point out that the information collected is unique, as the needs of parks continue to change. The NPS conducts a detailed review of all information collections submitted under the Programmatic Approval process to ensure that studies are not duplicated and that the information being collected is useful and relevant to management of NPS units. A second comment was received, which inquired about the nature of the Programmatic Approval. NPS staff explained the Programmatic Approval process, and the commenter had no further questions. A final comment was submitted by a principal investigator who does research on behalf of the NPS. The researcher outlined a number of concerns with the Programmatic Approval process, including: The length of time a submission spends in the review process, the inability of principal investigators to conduct methodological work, a lack of acceptance of certain research approaches, inconsistency in the review process and a need for studies to be able to replicate previous questionnaire designs for comparability, and a lack of communication between Social Science Office and the principal investigators. In response, the Social Science Program has taken steps to improve communication with the research community by sending out email updates, informing investigators of changes to the OMB process (extended review times, updated contact information, etc.). To address the comments of the researcher further, the PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 71157 Social Science Program took part in a session at the 2007 George Wright Society Conference to discuss the Programmatic Approval process with interested stakeholders, including principal investigators and park staff. During this session, representatives of the Social Science Program explained the Paperwork Reduction Act and the history and evolution of the Programmatic Approval. Stakeholders were given time to ask questions about the process and express concerns and support. Overall, the stakeholders were appreciative of the program’s ability to allow research to be done, while they were concerned with perceived inconsistencies in reviews and the timeliness of obtaining approval. Based on these comments, the Social Science Program is working to enhance its capabilities to review and process submissions and continuing to maintain good communication with researchers and NPS field staff. SUPPLEMENTARY INFORMATION: Title: Programmatic Approval for NPS-Sponsored Public Survey. Bureau Form Number(s): None. OMB Number: 1024–0224. Expiration Date: 01/31/2008. Type of Request: Extension for a currently approved collection. Description of Need: The NPS needs information concerning park visitors and visitor services, potential park visitors, and residents of communities near parks to provide park and NPS managers with usable knowledge for improving the quality and utility of agency programs, services, and planning efforts. Since many of the NPS surveys are similar in terms of the populations being surveyed, the types of questions being asked, and research methodologies, the NPS proposed and received clearance from OMB for a program of review for NPS-sponsored public surveys (OMB #1024–0224 exp. 8/31/2001; 3-year extension granted, exp. 9/30/2004). The program presented an alternative approach to complying with the Paperwork Reduction Act. In the eight years since the NPS received clearance for the program of expedited review, 371 public surveys have been conducted in units of the National Park System. The benefits of this program have been significant to the NPS, the Department of the Interior, OMB, NPS cooperators, and the public. Significant time and cost savings have been incurred. Expedited approval was typically granted in 60 days or less from the date the Principal Investigator first submitted the survey package for review. This is a significant reduction over the approximate 6–8 E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71152-71157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24252]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2007-OMM-0072]


MMS Information Collection Activity: NEW Information Collection; 
Lease of Submerged Lands for Alternative Energy Activities on the OCS; 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of a new information collection (1010-NEW) and request 
for comments.

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS 
is inviting comments on a collection of information that we will submit 
to the Office of Management and Budget (OMB) for review and approval. 
The information collection request (ICR) concerns the paperwork 
requirements that address new Form MMS-0001, Lease of Submerged Lands 
for Alternative Energy Activities on the Outer Continental Shelf (OCS), 
which is printed within this Federal Register notice. This form is used 
to enter into a leasing agreement between MMS and a respondent to 
conduct data collection and/or technology testing on the OCS. The MMS 
is also asking for comments on the lease form.
    Section 388 of the Energy Policy Act of 2005 (Pub. L. 109-58), 
amended section 8 of the OCS Lands Act (43 U.S.C. 1337(p)) and gave 
responsibility to MMS to grant a lease, easement, or right-of-way on 
the OCS for alternative energy-related uses not otherwise authorized 
under the Lands Act.

DATES: Submit written comments by February 12, 2008.

ADDRESSES: You may submit comments by either of the following methods 
listed below.
     Electronically: go to http://www.regulations.gov, select 
``Minerals Management Service'' from the agency drop-down menu, then 
click ``submit.'' In the Docket ID column, select MMS-2007-OMM-0072 to 
submit public comments and to view any supporting and related materials 
available. Information on using Regulations.gov, including instructions 
for accessing documents, submitting comments, and viewing the docket 
after the close of the comment period, is available through the site's 
``User Tips'' link. All comments submitted will be published and posted 
to the docket after the closing period.
     Mail or hand-carry comments to the Department of the 
Interior; Minerals Management Service; Attention: Cheryl Blundon; 381 
Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference 
``Information Collection 1010-NEW'' in your comments.

FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and 
Standards Branch at (703) 787-1607. You may also contact Cheryl Blundon 
to obtain a copy, at no cost, of section 388 of the Energy Policy Act. 
You may contact Maureen A. Bornholdt, Program Manager, Alternative 
Energy Programs at 703-787-1300 for lease questions.

SUPPLEMENTARY INFORMATION: Title: Lease of Submerged Lands for 
Alternative Energy Activities on the OCS.
    Form(s): MMS-0001.
    OMB Control Number: 1010-NEW.
    Abstract: Section 388 of the Energy Policy Act of 2005 (Pub. L. 
109-58) amended the OCS Lands Act to add a new paragraph (p) to section 
8 of the Act (43 U.S.C. 1337(p)) to allow the Department of the 
Interior, acting through the Minerals Management Service (MMS), to 
grant a lease, easement, or right-of-way on the OCS for alternative 
energy-related uses not otherwise authorized under the Lands Act. An 
early step in the process entails data collection and/or technology 
testing in order to assess alternative energy resources and production 
methodologies. This lease form and its requisite information collection 
are needed for MMS to authorize and convey rights under limited-term 
leases to conduct data collection and/or technology testing activities 
on specific areas of the OCS.
    This information collection request (ICR) addresses the form and 
accompanying information, which will be used by MMS and the emerging 
alternative energy industry as a contract instrument to bind both 
parties as to their rights and responsibilities under the lease.
    We will protect information from respondents considered proprietary 
under the Freedom of Information Act (5 U.S.C. 552) and its 
implementing regulations (43 CFR part 2). No items of a sensitive 
nature are collected. Responses are required to obtain or retain 
benefits.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: Approximately 30 
alternative energy respondents.

[[Page 71153]]

    Estimated Reporting and Recordkeeping ``Hour'' Burden: We are 
requesting 7,595 hours. In calculating the burdens, we assumed that 
respondents perform certain requirements in the normal course of their 
activities. We consider these to be usual and customary and took that 
into account in estimating the burden.

----------------------------------------------------------------------------------------------------------------
   Form MMS-0001 sections and exhibit       Reporting or recordkeeping requirement            Hour burden
----------------------------------------------------------------------------------------------------------------
MMS-0001; Section 1.....................  Fill out and submit form MMS-0001, Lease    1.
                                           Agreement, for consideration; execute
                                           lease.
1.......................................  Prepare and submit initial survey           100.
                                           activities (e.g., geotechnical,
                                           geophysical, shallow hazard).
2; 20...................................  Designate operator when more than one       1.
                                           lessee; report change of address.
4.......................................  Request extension of lease term and         2.
                                           supporting documentation.
7.......................................  Notify MMS 72 hours prior to commencement/  15 mins. for each
                                           termination of lease; notify MMS when       requirement x 2 = 30
                                           facility is back in service after being     mins.
                                           out of service for more than 7 days.
8.......................................  Submit plan/modification and supporting     100.
                                           documentation.
8(c)....................................  Conduct periodic reviews and inspections..  2.
8(d)....................................  Request for reconsideration of              0.
                                           modification. (Exempt as defined in 5 CFR
                                           1320.3(h)(9).
10......................................  Submit quarterly progress reports.........  4.
10......................................  Upon request, make available all material   3.
                                           used by lessee to interpret data.
10......................................  Submit final progress report upon           4.
                                           conclusion of activities or termination
                                           of lease; retain all data for 8 years
                                           from effective date.
11......................................  Lessee and relevant third-parties agree to  1.
                                           confidential disclosure.
12......................................  Allow access and make records available as  2.
                                           requested by MMS inspectors; incorporate
                                           same requirement in any contract between
                                           lessee and third parties.
13......................................  Submit response within 30 days of           2.
                                           violation indicating violation(s) were
                                           corrected and the correction date.
14; 15..................................  Demonstrate financial worth/ability to      4.
                                           carry out present and future financial
                                           obligations; submit bond/additional
                                           security information.
16......................................  Request assignment or transfer of lease...  30 mins.
17......................................  Submit written relinquishment request.....  1.
18......................................  Submit report detailing that lessee         10.
                                           properly removed structures and restored
                                           the area.
19......................................  Comply with and communicate nonprocurement  10 mins.
                                           debarment and suspension regulations.
1-20....................................  General departure and alternative           10.
                                           compliance requests not specifically
                                           covered elsewhere in this form.
Exhibit(s)..............................  Compliance with individual stipulations on  5.
                                           a case-by-case basis.
----------------------------------------------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping ``Non-Hour Cost'' Burden: We 
have identified no non-hour cost burdens for this collection.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
provides that an agency may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. 
Until OMB approves a collection of information, you are not obligated 
to respond.
    Comments: Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A) requires each agency ``* * * to provide notice * * * and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information * * *.'' Agencies 
must specifically solicit comments to: (a) Evaluate whether the 
proposed collection of information is necessary for the agency to 
perform its duties, including whether the information is useful; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) enhance the quality, 
usefulness, and clarity of the information to be collected; and (d) 
minimize the burden on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    Agencies must also estimate the ``non-hour cost'' burdens to 
respondents or recordkeepers resulting from the collection of 
information. Therefore, if you have costs to generate, maintain, and 
disclose this information, you should comment and provide your total 
capital and startup cost components or annual operation, maintenance, 
and purchase of service components. You should describe the methods you 
use to estimate major cost factors, including system and technology 
acquisition, expected useful life of capital equipment, discount 
rate(s), and the period over which you incur costs. Capital and startup 
costs include, among other items, computers and software you purchase 
to prepare for collecting information, monitoring, and record storage 
facilities. You should not include estimates for equipment or services 
purchased: (i) before October 1, 1995; (ii) to comply with requirements 
not associated with the information collection; (iii) for reasons other 
than to provide information or keep records for the Government; or (iv) 
as part of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our submission for OMB approval. As a result of your comments, we 
will make any necessary adjustments to the burden in our submission to 
OMB.
    Public Comment Procedures: Before including your address, phone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    We are incorporating the potential lease form and all versions of 
exhibit B into this notice so respondents will be able to specifically 
give MMS their comments. (Please note exhibit A is not included here 
because it is just identification of the area of the lease provided by 
MMS to the respondent).

U.S. Department of the Interior

Minerals Management Service
OMB Control Number 1010-xxxx
OMB Approval Expires xx/xx/xxxx

[[Page 71154]]

UNITED STATES DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE

LEASE OF SUBMERGED LANDS FOR ALTERNATIVE ENERGY ACTIVITIES ON THE OUTER 
CONTINENTAL SHELF

Office

Washington, DC

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Lease Number

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Rental Rate

    This lease is made under the authority of Section 43 U.S.C. 1337, 
subsection 8(p) of the Outer Continental Shelf Lands Act of August 7, 
1953 (43 U.S.C. 1331 et seq.), as amended, (hereinafter called the 
``Act''), between the United States of America, (hereinafter called 
``Lessor'') acting through the Minerals Management Service, its 
authorized officer, and -- (hereinafter, whether one or more, called 
``Lessee''). In consideration of the promises, terms, conditions, 
covenants, and stipulations contained herein or attached hereto, the 
parties mutually agree as follows:
    Section 1. Rights of Lessee. Lessor hereby grants and leases to 
Lessee the exclusive right, subject to the terms and conditions of this 
lease, to conduct the alternative energy activities described in 
Exhibit ``B'' on the area of submerged lands of the Outer Continental 
Shelf (OCS) described in Exhibit ``A'' hereof, such area hereinafter 
referred to as the ``leased area.'' Except for the Initial Survey 
Activities described below, the rights granted Lessee herein are 
limited to the activities described in Exhibit ``B'' hereof and confer 
no preferential right to acquire, develop or operate commercially any 
alternative energy project on the OCS.
    Upon execution of this lease and before submittal of the Project 
Plan required under Section 8, Lessee is authorized to conduct Initial 
Survey Activities including geotechnical, geophysical or shallow hazard 
surveys as Lessee deems necessary to identify the appropriate location 
on the leased area for placement of any facilities or other structures. 
The results of such Initial Survey Activities shall be provided to 
Lessor.
    Section 2. Designation of Operator. When there is more than one 
Lessee, Lessees must designate an Operator. The designated Operator 
will have authority to act on behalf of all Lessees and to fulfill all 
of Lessees' obligations under this lease. Lessor must approve the 
designated Operator before the designated Operator may act on the 
Lessees' behalf.
    Section 3. Reservations to Lessor. All rights in the leased area 
not expressly granted to Lessee by the Act or this lease are hereby 
reserved to Lessor. Lessor reserves the right to authorize other uses 
on the leased area that will not unreasonably interfere with activities 
authorized under this lease.
    Section 4. Effective Date and Lease Term. This lease shall be 
effective on the date that it is signed by both parties (hereinafter 
``effective date''). This lease shall expire five years from the 
effective date unless the Lessor, acting at its sole discretion upon 
the written request of Lessee, extends the term of this lease. Any 
request for an extension of the lease term shall be submitted to Lessor 
by Lessee not less than 30 days but not more than 90 days prior to the 
expiration of the lease. The request for extension of the lease term 
shall demonstrate to Lessor's satisfaction that Lessee reasonably needs 
more time to conduct the alternative energy activities described in 
Exhibit ``B.''
    Section 5. Statutes and Regulations. This lease is issued subject 
to the Act, all applicable regulations, orders, guidelines, and 
directives issued pursuant to the Act.
    Section 6. Rentals. Lessee shall pay Lessor on or before the first 
day of each lease year a rental as shown on the face hereof.
    Section 7. Notice of Commencement or Termination of Activities. 
Lessee shall notify Lessor at least 72 hours prior to commencing 
installation of facilities. Lessee shall notify Lessor any time a 
facility is out of service for a period greater than 7 days and when 
the facility is returned to service.
    Section 8. Project Plan. All activities in the leased area, except 
the Initial Survey Activities described in Section 1, shall be 
conducted in accordance with a Project Plan (hereinafter called the 
``Plan'') prepared by Lessee and submitted to Lessor.
    (a) Except for the Initial Survey Activities described in Section 
1, Lessee may not conduct activities under this lease until Lessor has 
acknowledged receipt of the Plan and has raised no objections within 60 
calendar days of receipt, or Lessor notifies Lessee that subsequent 
modifications to the plan have satisfied Lessor's initial objections.
    (b) The Plan shall include the following information in form and 
content satisfactory to Lessor:
    (1) A description of the proposed activities, including the 
technology intended to be utilized in conducting activities authorized 
by this lease and all surveys Lessee intends to conduct;
    (2) The surface location and water depth for all proposed 
facilities to be constructed in the leased area;
    (3) General structural and project installation information;
    (4) A description of the safety, prevention and environmental 
protection features or measures that Lessee will use;
    (5) A brief description of how facilities on the leased area will 
be removed and the leased area restored as required by Section 18 
below; and
    (6) Any other information reasonably requested by Lessor to ensure 
Lessee's activities on the OCS are conducted in a safe and 
environmentally sound manner.
    (c) Lessee agrees to conduct periodic reviews and inspections of 
activities under the lease to ensure compliance with the provisions of 
the Plan and the terms and conditions of this lease.
    (d) Any proposed modifications to the Plan shall be submitted to 
Lessor and Lessor shall have 30 calendar days to raise any objection to 
the proposed modification prior to implementation.
    Section 9. Compliance. Lessee agrees to conduct all activities in 
the leased area in accordance with all applicable laws, rules and 
regulations.
    Lessee further agrees that no activities authorized by this lease 
will be carried out in a manner that: (1) Could interfere with or 
endanger activities or operations under any lease issued or maintained 
pursuant to the Act or under any other license or approval issued by 
any Federal agency in accordance with applicable law prior to the 
issuance of this lease; (2) could cause any undue harm or damage to 
marine life; (3) could create hazardous or unsafe conditions; (4) could 
unreasonably interfere with or harm other uses of the leased area; or 
(5) could adversely affect sites, structures, or objects of historical 
or archaeological significance without notice to and direction from the 
Lessee on how to proceed.
    Section 10. Progress Reports. Lessee shall submit to Lessor a 
quarterly progress report that shall include, at a minimum, the 
following information:
    (a) A brief narrative of the overall progress since the beginning 
of the lease term or since the last progress report; and
    (b) One copy of any and all studies, surveys, inspections or test 
reports compiled or completed during the given period.
    Lessee shall also make available to Lessor upon request all raw 
data, analyses and computational models used by Lessee to interpret 
such data. At the conclusion of the activities covered by this lease, 
or at the termination of

[[Page 71155]]

this lease, whichever comes first, Lessee shall submit a final progress 
report. The final progress report shall include, at a minimum, a 
comprehensive narrative of Lessee's activities and results from 
testing, surveys and inspections. Lessee shall retain copies of all 
such progress and other reports for the duration of the lease term and 
three years thereafter.
    Section 11. Confidentiality. To the extent permitted by applicable 
law, in particular the Freedom of Information Act and implementing 
regulations, Lessor shall keep confidential all information, including 
but not limited to studies, surveys, or test reports, received from 
Lessee for a period of no less than 60 months from receipt, unless 
disclosure is agreed to by the lessee(s) and all relevant third 
parties. The Lessor will follow the procedures set forth in 43 CFR 
Sec.  2.23 with respect to objections to requests for commercial or 
financial information. Lessor shall be entitled to retain all reports 
and similar work product delivered to it by Lessee.
    Section 12. Inspections. Lessee shall: (1) Allow prompt access to 
any authorized Federal inspector to the site of any activities 
conducted pursuant to this lease; and (2) provide any documents and 
records that are pertinent to occupational or public health, safety, or 
environmental protection that may be requested by MMS or other 
authorized Federal inspectors. Lessee shall incorporate these 
requirements in any contract between Lessee and third parties 
conducting activities on the leased area.
    Section 13. Violations, Suspensions and Cancellations. If Lessee 
violates any provision of this lease, Lessor may, after giving written 
notice ordering lessee to cease and remedy all such violations, suspend 
any further activities of Lessee under this lease. Lessee may continue 
activities that are necessary to remedy any violation. If Lessee fails 
to remedy all violations within 30 days after receipt of a suspension 
notice, Lessor may, by written notice, cancel this lease and take 
appropriate action to recover all costs incurred by Lessor by reason of 
such violation(s). Cancellation of this lease due to any violation of 
the provisions of this lease by Lessee shall not entitle Lessee to 
compensation. Lessor, by written notice, may also suspend or cancel 
this lease when it is necessary (1) to comply with judicial decrees; 
(2) to respond to a serious threat of imminent harm or injury to human 
life, or natural, historical or archaeological resources; and (3) to 
respond to national security or defense requirements.
    Section 14. Indemnification. Lessee shall indemnify Lessor for, and 
hold it harmless from, any claim, including claims for loss or damages 
suffered or costs or expenses incurred by Lessor arising out of any 
activities conducted by Lessee or its employees, contractors, 
subcontractors, or their employees, under this lease whenever such 
damage, cost or expense results from any breach of this lease by Lessee 
or its employees, contractors, subcontractors, or their employees, or 
from the wrongful or negligent act or omission of Lessee or its 
employees, or Lessee's contractors, subcontractors, or their employees, 
which causes death, personal injury or damage to property. Lessee shall 
pay Lessor for such damage, cost, or expense attributable to its breach 
or negligence or that of its employees, contractors, subcontractors, or 
their employees within 90 days after a written demand therefore by 
Lessor.
    Section 15. Security. Lessee shall maintain at all times a surety 
bond or other form of security approved by Lessor in the amount of 
$300,000 (``base bond'') and shall furnish such additional security 
(``supplemental bond'') as may be required by Lessor if, at any time 
during the term of this lease, Lessor deems such additional security to 
be necessary.
    Section 16. Assignment or Transfer of Lease. This lease may not be 
assigned or transferred in whole or in part without prior written 
approval of Lessor. Lessor reserves the right, in its sole discretion, 
to deny approval of any transfer or assignment.
    Section 17. Surrender of Lease. Lessee may surrender this lease by 
filing with Lessor a written relinquishment that shall be effective on 
the date of filing, subject to the responsibility to remove property 
and restore the leased area pursuant to section 18.
    Section 18. Removal of Property and Restoration of the Leased Area 
on Termination of Lease. Within a period of 1 year after cancellation, 
expiration, relinquishment or other termination of this lease, Lessee 
shall remove all devices, works and structures from the leased area and 
restore the leased area to its original condition before issuance of 
the lease in accordance with the conditions in Exhibit ``B.'' Within 90 
days following the removal of property and restoration of the leased 
area, Lessee shall provide Lessor with a written report summarizing its 
facility removal and site restoration activities.
    Section 19. Debarment Compliance. Lessee shall comply with the 
Department of the Interior's nonprocurement debarment and suspension 
regulations as required by 43 CFR part 42 and/or 2 CFR part 1400 and 
shall communicate the requirement to comply with these regulations to 
persons with whom it does business related to this lease by including 
this term in its contracts and transactions.
    Section 20. Notices. Except for notices required under Section 7, 
which Lessee may provide orally, all notices or reports provided under 
the terms of this lease shall be in writing. Notices shall be delivered 
to the Lease Representative electronically, by hand, by facsimile, or 
by United States first class mail, adequate postage prepaid, to the 
specific persons listed below. Any party's address may be changed from 
time-to-time by such party giving notice as provided above. Until 
notice of any change of address is delivered as provided above, the 
last recorded address of either party shall be deemed the address for 
all notices required under this lease. For all operational matters, 
notices shall be provided to the party's Operations Representative as 
well as the Lease Representative.
    (a) Lessor's Contact Information

------------------------------------------------------------------------
           Lease Representative                      Operations
------------------------------------------------------------------------
Representative:
Name:
Title:
Address:
Address:
Phone:
Fax:
E-mail:
------------------------------------------------------------------------

    (b) Lessee's Contact Information

------------------------------------------------------------------------
           Lease Representative                      Operations
------------------------------------------------------------------------
Representative:
Name:
Title:
Address:
Address:
Phone:
Fax:
E-mail:
------------------------------------------------------------------------

THE UNITED STATES OF AMERICA, Lessor

-----------------------------------------------------------------------
(Lessee)

-----------------------------------------------------------------------
(Signature of Authorized Officer)

-----------------------------------------------------------------------
(Signature of Authorized Officer)
-----------------------------------------------------------------------
(Name of Signatory)

-----------------------------------------------------------------------
(Name of Signatory)
-----------------------------------------------------------------------
(Title)

-----------------------------------------------------------------------
(Title)
-----------------------------------------------------------------------
(Date)
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[[Page 71156]]

(Date)
-----------------------------------------------------------------------
(Address of Lessee)
    If this lease is executed by a corporation, it must bear the 
corporate seal.
    PAPERWORK REDUCTION ACT OF 1995 (PRA) STATEMENT: The PRA (44 U.S.C. 
3501 et seq.) requires us to inform you that we collect this 
information as part of authorizing respondents to conduct data 
collection and/or technology testing on the OCS. The MMS uses the 
information to evaluate and approve or disapprove the adequacy of the 
equipment and/or procedures to safely perform the proposed activities 
in an environmentally responsible manner. Responses are required for 
benefit. Proprietary data are covered under the Freedom of Information 
Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2). An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB Control Number. Public reporting burden for this form is 
estimated at 1 hour per response. This includes the time for completing 
and reviewing the form. Direct comments regarding the burden estimate 
or any other aspect of this form to the Information Collection 
Clearance Officer, Mail Stop 4230, Minerals Management Service, 1849 C 
Street, NW., Washington, DC 20240.

MMS Form MMS-0001 (January 2008)

EXHIBIT ``B''

TECHNOLOGY TESTING AND DEMONSTRATION ACTIVITIES WAVE AND/OR CURRENT 
RESOURCES
Lease Number-----------------------------------------------------------
U.S. DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE

LEASE OF SUBMERGED LANDS FOR ALTERNATIVE ENERGY ACTIVITIES ON THE OUTER 
CONTINENTAL SHELF

    Lessor hereby grants to Lessee the right to conduct the following 
alternative energy activities for wave and/or current resources on the 
leased area. ``Wave and/or current resources'' means the ocean waves 
and/or currents moving across the leased area. These rights include:
    (a) Constructing, installing, using, upgrading, maintaining, and 
removing buoys, turbines or other devices, to study wave and/or current 
flow, motion, frequency, speed, rise and fall, or direction, and other 
data in order to determine the potential to harness the wave and/or 
current resources on the leased area for the production of energy;
    (b) Accessing the leased area for permitting, site analysis, 
extraction of soil and water samples, and other geotechnical analyses 
and tests necessary to determine the feasibility of converting the wave 
and/or current resources to electricity;
    (c) Employing and testing technology and/or demonstrating Lessee's 
ability to convert wave and/or current resources to electricity and to 
collect and transmit that electricity to market;
    (d) Installing and testing electrical generators, transformers and 
substations, electrical distribution and transmission lines, 
interconnection facilities and related equipment; and
    (e) Any other activities necessary to establish the nature and 
extent of the wave and/or current resources on the leased area and to 
establish whether the leased area has sufficient wave and/or current 
resources for the commercial production and distribution of 
electricity.
    Lessee's rights to conduct the aforesaid alternative energy 
activities are subject to the following stipulations. Stipulation 1--

    Note: Stipulations will be developed on a case-by-case basis 
depending upon location, technology utilized and other relevant 
factors, including site-specific findings from project-specific 
environmental analyses. Stipulations will also be developed taking 
into account environmental protections derived from the Alternative 
Energy Alternate Use (AEAU) programmatic Environmental Impact 
Statement (EIS).

EXHIBIT ``B''

DATA COLLECTION ACTIVITIES WAVE AND/OR CURRENT RESOURCES
Lease Number-----------------------------------------------------------
U.S. DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE

LEASE OF SUBMERGED LANDS FOR ALTERNATIVE ENERGY ACTIVITIES ON THE OUTER 
CONTINENTAL SHELF

    Lessor hereby grants to Lessee the right to conduct the following 
alternative energy activities for wave and/or current resources on the 
leased area. ``Wave and/or current resources'' means the ocean waves 
and/or currents moving across the leased area. These rights include:
    (a) Constructing, installing, using, upgrading, maintaining, and 
removing buoys, turbines or other devices, to study wave and/or current 
flow, motion, frequency, speed, rise and fall, or direction, and other 
data in order to determine the potential to harness the wave and/or 
current resources on the leased area for the production of energy;
    (b) Accessing the leased area for permitting, site analysis, 
extraction of soil and water samples, and other geotechnical analyses 
and tests necessary to determine the feasibility of converting the wave 
and/or current resources to electricity; and
    (c) Any other activities necessary to establish the nature and 
extent of the wave and/or current resources on the leased area and to 
establish whether the leased area has sufficient wave and/or current 
resources for the commercial production and distribution of 
electricity.
    Lessee's rights to conduct the aforesaid alternative energy 
activities are subject to the following stipulations.
    Stipulation 1--

    Note: Stipulations will be developed on a case-by-case basis 
depending upon location, technology utilized and other relevant 
factors, including site-specific findings from project-specific 
environmental analyses. Stipulations will also be developed taking 
into account environmental protections derived from the Alternative 
Energy Alternate Use (AEAU) programmatic Environmental Impact 
Statement (EIS).

EXHIBIT ``B''

DATA COLLECTION ACTIVITIES WIND RESOURCES
Lease Number-----------------------------------------------------------
U.S. DEPARTMENT OF THE INTERIOR
MINERALS MANAGEMENT SERVICE

LEASE OF SUBMERGED LANDS FOR ALTERNATIVE ENERGY ACTIVITIES ON THE OUTER 
CONTINENTAL SHELF

    Lessor hereby grants to Lessee the right to conduct the following 
alternative energy data collection activities for wind resources on the 
leased area. ``Wind resources'' means the wind moving across the leased 
area. These rights include:
    (a) Constructing, installing, using, upgrading, maintaining, and 
removing meteorological towers to study wind speed, wind direction, and 
other meteorological data in order to determine the potential of the 
wind resources on the leased area for the production of energy;
    (b) Accessing the leased area for permitting, site analysis, 
extraction of soil and water samples, and other geotechnical analyses 
and tests necessary to determine the feasibility of converting the wind 
resources to electricity; and
    (c) Any other activities necessary to establish the nature and 
extent of the

[[Page 71157]]

wind resources on the leased area and to establish whether the leased 
area has sufficient wind resources for the commercial production and 
distribution of electricity.
    Lessee's rights to conduct the aforesaid alternative energy 
activities are subject to the following stipulations:
    Stipulation 1--

    Note: Stipulations will be developed on a case-by-case basis 
depending upon location, technology utilized and other relevant 
factors, including site-specific findings from project-specific 
environmental analyses. Stipulations will also be developed taking 
into account environmental protections derived from the Alternative 
Energy Alternate Use (AEAU) programmatic Environmental Impact 
Statement (EIS).

    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: December 7, 2007.
Randall B. Luthi,
Director, Minerals Management Service.
[FR Doc. E7-24252 Filed 12-13-07; 8:45 am]
BILLING CODE 4310-MR-P