Several proposals in past years have demonstrated the vulnerability of the lakebeds of the Great Lakes to new ways of managing energy – in particular, for routing oil and gas pipelines and electric transmission lines. Lakebeds in the United States are owned by the states on behalf of their citizens, but the federal government retains authority over energy-related activities, navigable waters and natural resources.

A number of federal entities and statutes pertain to energy utility projects proposed for lakebeds of the Great Lakes.

The Federal Energy Regulatory Commission (FERC) regulates the interstate transmission of natural gas, oil, and electricity, as well as natural gas and hydropower projects. Utility infrastructure projects that would cross a Great Lake, because of their state-to-state nature, require federal permits from FERC. 

Utility projects proposed for navigable waters require a permit from the U.S. Army Corps of Engineers, to ensure that navigation is not negatively impacted. 

Projects that require federal permits and/or those with federal funding come under the requirements of the National Environmental Policy Act (NEPA).  Under NEPA, federal agencies must consider the potential environmental impacts of a project.  If a significant impact is found, an Environmental Impact Statement must be prepared, describing the positive and negative effects of the project and alternative actions.  The NEPA process allows for public review and participation. 

The U.S. Fish and Wildlife Coordination Act applies to projects where the waters or channels of navigable water are impacted by a permit issued by a federal agency.  This Act requires the permitting agency to consult with the U.S. Fish and Wildlife Service to ensure that wildlife and fisheries resources are adequately protected.  The Fish and Wildlife Service must in turn coordinate with the state agency with jurisdiction over natural resources to ensure that state interests are protected.
   
The federal Coastal Zone Management Act, which provides for protection and restoration of coastal resources, requires that projects be certified as complying with the approved coastal zone management programs of respective states. No license or permit may be granted by the federal agency until the state or its designated agency has concurred with the applicant’s certification.

Links

Federal Energy Regulatory Commission: http://www.ferc.gov/industries/industries.asp

U.S. Fish and Wildlife Coordination Act: http://www.fws.gov/habitatconservation/fwca.htm

National Environmental Policy Act: www.epa.gov/compliance/nepa/index.html

U.S. Coastal Zone Management Act: http://coastalmanagement.noaa.gov/czm/czm_act.html

U.S. Fish and Wildlife Service: http://www.fws.gov

U.S. Army Corps of Engineers: http://www.usace.army.mil