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
<![CDATA[
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 https://
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
-----------------------------------------------------------------------
Lease Number
-----------------------------------------------------------------------
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)
-----------------------------------------------------------------------
[[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
