SandBar 10.3, July, 2011
Recommended citation: Christopher Motta-Wurst, Increased Coordination for Increased Conservation: BOEMRE and NOAA
Sign MOU on OSCS Energy Resources, 10:3 SandBar 6 (2011).

Increased Coordination for Increased Conservation:
BOEMRE and NOAA Sign MOU on OSCS Energy Resources

Christopher Motta-Wurst , 2012 J.D. Candidate, University of Mississippi School of Law

On May 19, 2011, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) and the National Oceanic and Atmospheric Administration (NOAA) signed a Memorandum of Understanding (MOU) to improve coordination and collaboration between BOEMRE and NOAA in the development of the outer continental shelf (OCS) energy resources. The goal of the MOU is to combine the expertise of the two agencies to help further environmental conservation of marine resources and ecosystems.

Background
The DOI is responsible for energy related activities on the OCS. That responsibility includes ensuring that the development is timely and efficient and done in a safe and environmentally friendly manner. NOAA is charged with understanding and predicting the Earth’s environment. The agency is also responsible for the conservation and management of marine resources in a way that best meets the United States’ economic, social, and environmental needs. 
     The National Ocean Policy (NOP), established by Executive Order 13547 on Stewardship of the Ocean, Our Coasts, and the Great Lakes, calls for “close and regular coordination and collaboration between Federal agencies regarding oversight of Federal waters.” The goals of the NOP are to use the best available science in order to make informed decisions that result in as little negative environmental impact as possible. The new MOU mirrors these goals in its priority objectives. 

Responsibilities and Procedures
The MOU, which will be in effect for at least 5 years after May 19, 2011, requires BOEMRE and NOAA to work together when considering the potential effects of oil and gas and renewable energy-related activities under their respective authorities. They must also work together in determining the best available science, making consistent procedures for monitoring and mitigation measures, and keeping each other informed of one another’s regulatory processes. 
     In activities where either BOEMRE or NOAA has controlling jurisdiction, the other agency will be invited to participate. For example, under the Outer Continental Shelf Lands Act (OCSLA) leasing process, BOEMRE is the lead agency, but during the 5-Year Oil and Gas Leasing Program and Lease Sale stages NOAA will assist with environmental sensitivity analysis, geological and geophysical permits, exploration plans and development and production plans, and development operations coordination documents. When dealing with renewable energy or alternate use activities, BOEMRE, as the lead agency, will invite NOAA to participate in consultation and coordination efforts.
     NEPA analysis will be controlled by whichever agency is the lead agency.  The other agency is invited to participate, but whichever agency has jurisdiction retains decision making power, as well as direction and oversight over the EIS or EA. Also, if the agency invited to participate in the process does not respond with its comments in the agreed upon timeframe, the lead agency may record that the participating agency has identified no significant issues or has provided “no comment.”
     BOEMRE and NOAA have a history of scientific collaboration in the offshore energy program. The MOU extends this relationship in order to support and promote scientific research and studies projects between the agencies. Along with providing information such as research and scientific data, BOEMRE will invite NOAA to be an ex officio member of its OCS Scientific Committee, and NOAA will invite BOEMRE, as appropriate, to be a member of any NOAA Scientific Advisory Board Working Group related to OCS activities or marine minerals.
     When it comes to offshore safety and oil spill response, BOEMRE and NOAA have separate responsibilities, but the MOU adds more mandatory participation between agencies.  NOAA has a scientific support team trained to deal with response and restoration for oil spills in coastal and marine environments. BOEMRE requires OCS operators to have an approved Oil Spill Response Plan (OSRP) for each of its offshore facilities. Under the MOU, BOEMRE will now notify NOAA of any OSRPs and allow the agency a chance to review them to make sure they adequately address marine resource issues. NOAA will also participate in BOEMRE unannounced oil spill drills in order to better evaluate OCS operators.

Conclusion
The MOU between BOEMRE and NOAA adds a level of cohesion to agency relations. Though the two agencies already coordinated efforts, the MOU strives for further cooperation in some situations, while still maintaining agency jurisdiction and direction.

Endnotes