Renewable energy research leases: Prospects and opportunities on the Hawaiian Outer Continental Shelf (OCS)

The oceans represent a vast and largely untapped source for energy production. Our oceans have the potential to provide wave, wind, solar and other resources that can be used to produce abundant, clean and renewable energy to meet the demands of growing consumption. The Department of the Interior's Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) plays a significant role in the Nation's efforts to gain energy independence by providing access to the federal Outer Continental Shelf (OCS) for responsible development of energy and mineral resources that realizes a fair return to the American people. However, the technology for harnessing these renewable resources to produce energy, as well as knowledge of the potential environmental impacts of these devices, is still in its early stages of development, with great need for additional research. The Energy Policy Act of 2005 provided the Secretary of the Interior with the authority to administer OCS renwable energy activities (i.e. production, transportation, or transmission of energy from sources other than oil and gas) not otherwise authorized by existing law. The Secretary delegated this authority to the Minerals Management Service (now BOEMRE). In April of 2009, final regulations were published in the Federal Register that established a program for granting leases, easements, and rights-of-way for renewable energy activities on the OCS. The regulations authorize BOEMRE to issue research leases and grants on the OCS for research supporting future renewable energy development. These research leases can only be held by a federal agency or a state and can only be issued in areas where there is no commercial interest in renewable energy development. This paper describes opportunities for obtaining OCS research leases, particularly in Hawaii, and outlines the process under the BOEMRE regulations for issuing research leases.