The Bureau of Ocean Energy Management (BOEM) and the Federal Energy Regulatory Commission (FERC) signed a Memorandum of Understanding (MOU) on April 9, 2009. The purpose of this MOU was to clarify jurisdictional understandings regarding renewable energy projects in offshore waters on the Outer Continental Shelf (OCS), in order to develop a cohesive, streamlined process that would help accelerate the development of wind, solar, and hydrokinetic (i.e., wave, tidal, and ocean current) energy projects.
The MOU recognized that BOEM has exclusive jurisdiction with regard to the production, transportation, or transmission of energy from non-hydrokinetic renewable energy projects on the OCS, including renewable energy sources such as wind and solar.
The MOU also recognized that BOEM has exclusive jurisdiction to issue leases, easements, and rights-of-way regarding OCS lands for hydrokinetic projects; and that FERC has exclusive jurisdiction to issue licenses and exemptions for hydrokinetic projects on the OCS.
May 2020 Announcement
BOEM / FERC Guidelines on Regulation of Marine Hydrokinetic Energy Projects on the OCS
BOEM and FERC have issued these guidelines as part of an ongoing effort to clarify jurisdictional responsibilities for marine hydrokinetic (MHK) projects on the OCS. This document replaces the guidelines provided in version 2, dated July 19, 2012. The goal is to develop a cohesive, streamlined process that will help accelerate the development of MHK (i.e., wave, tidal, and ocean current) energy projects, consistent with the Memorandum of Understanding (MOU) between the U.S. Department of the Interior and FERC (executed April 9, 2009).