The application for the Cape Wind wind energy facility federal permit was filed with the Corps of Engineers in compliance with Section 10 of the Rivers and Harbors Act, which provides for federal regulation of any work in, or affecting navigable waters of the United States; and with Section 404 of the Clean Water Act, which regulates the discharge or fill of material in United States waters, including wetlands. The Corps completed its Section 10/404 permit review and Record of Decision on Jan. 5, 2011 and issued a Corps permit for the wind farm proposal.
The Bureau of Ocean Energy Management, Regulation and Enforcement, formerly called Minerals Management Service (MMS), is the lead federal agency in the environmental review, as required by the National Environmental Policy Act (NEPA). BOEMRE released its Final Environmental Impact Statement (EIS) in January 2009 before making its Record of Decision (ROD) in April 2010. The Corps of Engineers has been one of many federal, state and local cooperating agencies in the environmental review process. The BOEMRE website with the EIS and Record of Decision is available at: www.boemre.gov/offshore/RenewableEnergy/CapeWindFEIS.htm.