On August 8, 2005, the Energy Policy Act of 2005 ( 388) amended the Outer Continental Shelf (OCS) Lands Act to grant the Secretary of the U.S. Department of the Interior (Secretary) discretionary authority to issue leases, easements, or rights-of-way (ROW) for previously unauthorized activities that: (i) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or (ii) use, for energy-related or other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act. The act also...