Implementation Plan

for the

Multipurpose Marine Cadastre

United States Department of the

Interior

Minerals Management Service

Mapping and Boundary Branch

Briefing for

the

FGDC Coordination Group

National Capital Planning Commission

401 9th Street NW – North Lobby

Suite 500

Washington, D.C.

March 7, 2006

IntroductionIntroduction

The Energy Policy Act of 2005, (Public Law 109-58) was signed into Law on August 8, 2005. Sec. 388 – Alternative Energy-Related Uses on the Outer Continental Shelf, of the Act granted the Minerals Management Service (MMS) new authority to regulate energy uses on the Outer Continental Shelf (OCS). Moreover, it directed the Secretary of the Interior, in cooperation with the Secretary of Commerce, the Commandant of the Coast Guard, and the Secretary of Defense to establish an OCS Mapping Initiative to assist in decision making related to alternative energy uses on the OCS. (Hereinafter MMS is referring to the OCS Mapping Initiative as the Multipurpose Marine Cadastre). The goal of the initiative is the identification of OCS locations of Federally-permitted activities; obstructions to navigation; submerged cultural resources; undersea cables; offshore aquaculture projects; and any area designated for the purpose of safety, national security, environmental protection, or conservation and management of living marine resources.

BackgroundBackground

The Department of the Interior has been conducting The Department of the Interior has been conducting offshore leasing and associated mapping activities for over offshore leasing and associated mapping activities for over 50 years.50 years.

Determine boundaries between Federal and State Determine boundaries between Federal and State jurisdictions jurisdictions

Map and define the submerged lands of the United States, Map and define the submerged lands of the United States, including its territories and possessions. including its territories and possessions.

Prepare legal descriptions and convey minerals rights.Prepare legal descriptions and convey minerals rights. Witnessed firsthand the exponential increase in Witnessed firsthand the exponential increase in

complexities, uses, and problems associated with rights, complexities, uses, and problems associated with rights, restrictions, protection, and enforcement on resource restrictions, protection, and enforcement on resource development and management.development and management.

““The development of a multipurpose The development of a multipurpose marine cadastremarine cadastre cannotcannot be performed in a vacuum.”be performed in a vacuum.”

What’s The Objective In Having A What’s The Objective In Having A Multipurpose Marine Cadastre?Multipurpose Marine Cadastre?

““The objective behind the development of a The objective behind the development of a “Multipurpose “Multipurpose Marine Cadastre”Marine Cadastre” is to provide a comprehensive spatial is to provide a comprehensive spatial data infrastructure whereby rights, restrictions and data infrastructure whereby rights, restrictions and responsibilities in the marine environment can be assessed, responsibilities in the marine environment can be assessed, administered and managed”. administered and managed”.

Provide decision makers at the highest levels of Provide decision makers at the highest levels of government with the types of quality and timely government with the types of quality and timely information necessary to make informed decisions. information necessary to make informed decisions. “Good “Good Ocean Governance!!”Ocean Governance!!”

What Should A What Should A Marine CadastreMarine Cadastre LookLook Like Like??

• First off, the cadastre must be First off, the cadastre must be dynamicdynamic..

• It must be It must be flexibleflexible enough to deal with overlapping enough to deal with overlapping authorities, rights, and interests in five distinct layers of authorities, rights, and interests in five distinct layers of the marine environment; the air space, the water the marine environment; the air space, the water surface, the water column, the seabed, and the surface, the water column, the seabed, and the subsurface.subsurface.

• The cadastre needs to be The cadastre needs to be corporatecorporate in its design. in its design.

• It must be It must be able to adapt and evolveable to adapt and evolve with changes in with changes in policy, legal exigencies, reference datum's, technology policy, legal exigencies, reference datum's, technology and the affects associated with those technologies.and the affects associated with those technologies.

• It needs to incorporate a It needs to incorporate a grid systemgrid system, e.g., UTM, PLSS, , e.g., UTM, PLSS, SPCS.SPCS.

After Sutherland, 2003

Fishing RightsFishing Rights

Navigation RightsNavigation Rights

DevelopmentRights

DevelopmentRights

RiparianRights

RiparianRights

Public AccessRights

Public AccessRights

Mineral RightsMineral Rights

Seabed Use Rights

Seabed Use Rights

Competing Uses of the MarineCompeting Uses of the Marine Environment & it’s ResourcesEnvironment & it’s Resources

Multiple and often Overlapping Rights

Air ColumnAir Column

Water SurfaceWater Surface

SeabedSeabed

Water ColumnWater Column

SubsurfaceSubsurface

Native American Rights

Native American Rights

Universal Transverse Mercator Universal Transverse Mercator (UTM) (UTM) Grid SystemGrid System

1 2 3

4 5 6

7 8 9

NH18-10 11 12

6 Degrees

4 Degrees

UTM Grid System - Breakdown

NH-18

Official Protraction DiagramsOfficial Protraction Diagrams

Official Protraction DiagramsOfficial Protraction Diagrams

Supplemental Official OCS Block DiagramSupplemental Official OCS Block Diagram

UTM Block Number 6001

Block Specifications

• Each Regular UTM Block contains 2304 Hectares (5693.285 Ac.).

• Each Regular UTM Block is 4800 meters on a side.

• Each Regular proposed subdivision, (e.g., 6001A) contains 256 Hectares (632.587 Ac.).

• Each Regular proposed subdivision is 1600 meters on a side.

• Allows for a unique numbering scheme for each parcel, (e.g., NH18-10 6001A)

• Allows for additional equal subdivisions:

• ½ = 128 Ha. (316.294 Ac.)

• ¼ = 64 Ha. (158.147 Ac.)

• ¼ ¼ = 16 Ha. (39.537 Ac.)

A B C

D E F

G H I

UTM Grid Block

What Are the Necessary Steps In What Are the Necessary Steps In Developing A Developing A Multipurpose MarineMultipurpose Marine

Cadastre Cadastre ??

Defining Roles and ResponsibilitiesDefining Roles and Responsibilities

Developing A Proactive Approach to Resolving Marine Developing A Proactive Approach to Resolving Marine Boundary IssuesBoundary Issues

Developing A New Mind SetDeveloping A New Mind Set

Establishing CommunicationsEstablishing Communications

Building Collaborative PartnershipsBuilding Collaborative Partnerships

Developing StandardsDeveloping Standards

Defining Roles and Defining Roles and ResponsibilitiesResponsibilities

Roles and responsibilities for managing the U.S. marine Roles and responsibilities for managing the U.S. marine environment are distributed throughout numerous Federal environment are distributed throughout numerous Federal department and their subdivisions.department and their subdivisions.

These roles and responsibilities are mandated by a variety These roles and responsibilities are mandated by a variety of enabling legislations (e.g., Acts, Executive Orders, of enabling legislations (e.g., Acts, Executive Orders, Presidential Proclamations, etc.)Presidential Proclamations, etc.)

As civil servants we have a responsibility, as well as a As civil servants we have a responsibility, as well as a mandate through the Office of Management and Budget’s mandate through the Office of Management and Budget’s A-16 circular “to coordinate surveying, mapping and spatial A-16 circular “to coordinate surveying, mapping and spatial data related activities”. I believe that includes actively data related activities”. I believe that includes actively looking beyond our immediate roles and responsibilities to looking beyond our immediate roles and responsibilities to determine how these mandates, actions, and data impact determine how these mandates, actions, and data impact other departments.other departments.

““If there is to be any hope for development of a marine If there is to be any hope for development of a marine cadastre, then each department must accept their cadastre, then each department must accept their delegated roles and responsibilities and assign the delegated roles and responsibilities and assign the appropriate individuals within those organizations the appropriate individuals within those organizations the authority and responsibility to actively engage in the authority and responsibility to actively engage in the process and work cooperatively towards a common goal.”process and work cooperatively towards a common goal.”

Developing A Developing A ProactiveProactive Approach Approach to to Resolving Marine Boundary Resolving Marine Boundary

IssuesIssues

Boundary issues Boundary issues cannotcannot be left to the last possible minute be left to the last possible minute to be resolved!to be resolved!• Legal actions are time consuming and expensive,Legal actions are time consuming and expensive,• Except responsibility for assigned authority,Except responsibility for assigned authority,• Develop collaborative partnerships,Develop collaborative partnerships,• Develop open honest communication.Develop open honest communication.

““The most successful boundary development processes are The most successful boundary development processes are based on integrity.”based on integrity.”

Developing A New Mind SetDeveloping A New Mind Set

If a comprehensive If a comprehensive marine cadastremarine cadastre is to be developed in a timely and is to be developed in a timely and efficient manner then a pervasive mind set existing within Federal, State, and efficient manner then a pervasive mind set existing within Federal, State, and Local Governments must first be overcome.Local Governments must first be overcome.

“ “We have our job and you have yours” Different agencies look at their We have our job and you have yours” Different agencies look at their assigned roles and responsibilities for boundary development as either a assigned roles and responsibilities for boundary development as either a protectorprotector, , as a as a developerdeveloper, , or maybe evenor maybe even bothboth of the marine environment.of the marine environment.

Agencies with diverse and, at times, conflicting roles and responsibilities Agencies with diverse and, at times, conflicting roles and responsibilities should not allow their individual roles and responsibilities to preclude them should not allow their individual roles and responsibilities to preclude them from working together towards a common interest and goal of doing what is from working together towards a common interest and goal of doing what is in the overall best interest of the United States which includes all Federal, in the overall best interest of the United States which includes all Federal, State and Local Governments. State and Local Governments. ““Good Ocean Governance!!”Good Ocean Governance!!”

The Reality today is: “No one places a boundary on the face of the earth, The Reality today is: “No one places a boundary on the face of the earth, including the marine environment, that doesn’t have an impact on someone including the marine environment, that doesn’t have an impact on someone else.”else.”

Establishing CommunicationsEstablishing Communications

Developing communications between all stakeholders, i.e., Developing communications between all stakeholders, i.e., Federal departments, coastal States, private industry, the Federal departments, coastal States, private industry, the academic community, and all other stakeholders, is a academic community, and all other stakeholders, is a critical stepcritical step in the process. in the process.

If a comprehensive If a comprehensive marine cadastremarine cadastre is going to be is going to be developed and maintained in the most efficient and developed and maintained in the most efficient and meaningful manner it will require collaboration and open meaningful manner it will require collaboration and open honest communication among all stakeholders. honest communication among all stakeholders.

We oftentimes We oftentimes “Agree to Disagree”“Agree to Disagree” and in so doing respect and in so doing respect the other stakeholders position.the other stakeholders position.

Building Collaborative Building Collaborative PartnershipsPartnerships

Why develop collaborative partnerships?Why develop collaborative partnerships?• Authorities/ResponsibilitiesAuthorities/Responsibilities• MandatesMandates• Limited FundsLimited Funds• TimelinessTimeliness• Limiting duplication of effortLimiting duplication of effort• Access to a broader range of expertise and resourcesAccess to a broader range of expertise and resources

Successful collaborative partnerships:Successful collaborative partnerships:• Federal Geographic Data Committee (FGDC)Federal Geographic Data Committee (FGDC)

SubcommitteesSubcommittees Working Groups – In particular the FGDC Coastal & Spatial Data Working Groups – In particular the FGDC Coastal & Spatial Data

Subcommittee’s Marine Boundary Working Group (MBWG) – The Subcommittee’s Marine Boundary Working Group (MBWG) – The MBWG has adopted the MMC as a work item in its 2006 and beyond MBWG has adopted the MMC as a work item in its 2006 and beyond Work Plan.Work Plan.

• Partnerships and Memorandums of Understanding with NOS & Partnerships and Memorandums of Understanding with NOS & coastal Statescoastal States

• Ocean Action Plan, Joint Subcommittee for Ocean Science and Ocean Action Plan, Joint Subcommittee for Ocean Science and Technology (JSOST), and the newly formed Interagency Technology (JSOST), and the newly formed Interagency Working Group for Ocean and Coastal Mapping (IWGOCM)Working Group for Ocean and Coastal Mapping (IWGOCM)

What Coverage’s Are Necessary For What Coverage’s Are Necessary For Incorporation Within A Multipurpose Incorporation Within A Multipurpose MarineMarine

CadastreCadastre??

For the United StatesFor the United States Coastline (MLLW) Coastline (MLLW) (As approved (As approved

by the IBLC and Mapped by NOAA)by the IBLC and Mapped by NOAA) Submerged Lands Act Submerged Lands Act

Boundaries Boundaries (MMS)(MMS) Limit of “8(g)” Zone Limit of “8(g)” Zone (MMS)(MMS) Territorial Sea Territorial Sea (NOS)(NOS) Contiguous Zone Contiguous Zone (NOS)(NOS) EEZ EEZ (NOS)(NOS) Maritime Boundaries/Limits Maritime Boundaries/Limits (As (As

defined by the Agency of defined by the Agency of responsibility (AOR).)responsibility (AOR).)

Marine Managed Areas Marine Managed Areas (This (This includes Marine Protected Areas – includes Marine Protected Areas – As defined by the AOR.)As defined by the AOR.)

UTM Grid SystemUTM Grid System (Defines MMS’s (Defines MMS’s leasing grid system)leasing grid system)

Official Protraction Diagrams & Official Protraction Diagrams & Leasing Maps Leasing Maps (MMS)(MMS)

Location of Leases Location of Leases (MMS)(MMS) Army Corps of Engineers Army Corps of Engineers

PermitsPermits

Sand Borrow SitesSand Borrow Sites Pipeline Routes and Landfall Pipeline Routes and Landfall

LocationsLocations Undersea Cable Routes and Undersea Cable Routes and

Landfall LocationsLandfall Locations Artificial Reef SitesArtificial Reef Sites Shipping Fairways, Anchorage Shipping Fairways, Anchorage

Areas, Traffic Separation Areas, Traffic Separation SchemesSchemes

Military Restricted AreasMilitary Restricted Areas Platform LocationsPlatform Locations Archeological SitesArcheological Sites Coastal State Lateral BoundariesCoastal State Lateral Boundaries Developing Alternative Energy Developing Alternative Energy

Sources, e.g., Sources, e.g., Wind, Wave, Tide, Wind, Wave, Tide, Current Energy, Cooling with Deep Current Energy, Cooling with Deep Ocean WaterOcean Water

Offshore Liquefied Natural Gas Offshore Liquefied Natural Gas (LNG) Facilities(LNG) Facilities

No Discharge ZonesNo Discharge Zones Habitat & Species Related Habitat & Species Related

InformationInformation ETC.ETC.

Thank You!United States Department of the Interior

Minerals Management Service

Mapping and Boundary Branch