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Presale Activities -- Federal/State Coordination

In addition to scoping activities conducted with the public and other Federal agencies, described in the scoping discussion above and in Section I.B.3.b., the OCSLA provides a statutory foundation for DOI's policy of coordination with the affected States and, to a more limited extent, local governments. At each step of the procedures that lead to lease issuance, participation from the affected States and other interested parties is encouraged and sought.

The BOEMRE issues the Call/NOI, published in the Federal Register, in order to gather information and nominations within a lease planning area from all interested parties. Responses must be received no later than 45 days after publication of the Call/NOI. The information collected from the Call is used to help identify the potential areas for oil and gas development, to identify issues/concerns of industry, to identify the environmental effects and potential use conflicts in proximity of the area, to initiate the scoping process and identify alternatives to the proposed action for the EIS, to develop lease terms and conditions, and to identify potential conflicts between offshore oil and gas activities and a State Coastal Management Program. The NOI is published pursuant to the regulations at 40 CFR 1501.7, implementing the procedural provisions of NEPA (42 U.S.C. 4321 et seq.). The NOI also serves to announce the scoping process, which affords State and local governments the opportunity to aid BOEMRE in determining significant issues and alternatives to be analyzed in the EIS.

When soliciting information for the leasing of OCS lands within 3 mi of the seaward boundary of any coastal State, additional information is provided to the Governors of those States. The Governors must be informed of the identity of, and schedule for, the area proposed for leasing; the geographic, geological, and ecological characteristics of the area within 3 mi of the seaward boundary; estimated oil and gas reserves in these areas; and any field, trap, or geologic structure thought to be located in these areas (43 U.S.C. 1337 (g)). The Secretary subsequently consults with the Governors in determining whether any areas may contain one or more oil or gas pools or fields underlying both the OCS and lands subject to State jurisdiction.

The Governors are also provided with a summary of data to aid them in anticipating possible onshore effects of OCS development and production. The summary includes estimated oil and gas reserves in areas leased or to be leased, estimated size and timing of development, pipeline locations, and the general location and nature of onshore facilities. The OCSLA, as amended, also requires the transmittal of an index of all relevant actual or proposed programs, plans, reports, EIS's, and other lease-sale information to each affected State (43 U.S.C. 1352 (d)).

Pursuant to the Coastal Zone Reauthorization Amendments of 1990, all Federal activities, including OCS oil and gas lease sales, must be consistent to the maximum extent practicable with each affected State's Coastal Zone Management (CZM) program. Each State's CZM program sets forth objectives, policies, and standards relative to public and private use of land and water resources in the coastal zone. For presale consistency determinations, BOEMRE reviews the State's coastal zone program, analyzes potential impacts of the proposed action based primarily on the BOEMRE's proposed lease sale EIS and the Action Update Memorandum (AUM), and makes an assessment of consistency with the State's program. Consistency determination protocols for plan and permit activities are discussed in more detail in Section I.B.3.d.(1)(h).

Each State's approved CZM program is summarized in Section III.C.6. and an analysis of impacts of the OCS oil and gas leasing program on these State programs is provided in Appendix F.

The OCSLA requires that DOI prepare a comprehensive 5-year program that specifies, as precisely as possible, the size, timing, and location of areas to be considered for Federal offshore natural gas and oil leasing. The current program, OCS Natural Gas and Oil Resource Management Comprehensive Program 1992-1997, was published in April 1992 (USDOI, BOEMRE, 1992a). The program includes a new planning and consultative process, and a focus on promising geologic basins that is appropriate for leasing and development in an environmentally sound manner. It represents a comprehensive, long-term approach to planning and managing all aspects of natural gas and oil activities off the Nation's coasts.

The program provides for a new Area Evaluation and Decision Process (AEDP), which is designed to provide more consultations between the Federal Government and the States and localities. The AEDP emphasizes three objectives: (a) improving the acquisition and integration of environmental, mineral resource, and socioeconomic information for use in decisionmaking; (b) defining leasing proposals more selectively; and (c) enhancing the opportunities for States, coastal communities, and other concerned parties to provide input. Section I.B.1. provides additional discussion of the AEDP.

The comprehensive program considered 11 lease sales in the Gulf of Mexico for the years 1992 through 1997 and maintains an annual pace of leasing for the Central and Western Gulf. In the Western Gulf, two blocks, which contain the East and West Flower Garden Banks (Blocks A-375 and A-398, High Island Area, East Addition, South Extension), were excluded from leasing consideration.