--- kind: "range" citation: "30 C.F.R. §§ 585.210–585.226" title: "30" from: "585.210" to: "585.226" count: 15 url: "https://uscodex.org/cfr/30/585.210..585.226" --- # §585.210. What are the steps in BOEM's competitive lease award process? - (a) BOEM may publish an RFI under [§ 585.116](/cfr/30/585.116.md). - (b) BOEM will award leases through a competitive lease award process unless competitive interest does not exist. BOEM will publish details for each auction and lease through appropriate notices in the Federal Register. Each competitive lease award process will include the following steps: - (1) **Call for information and nominations (Call).** BOEM will publish a Call in the Federal Register requesting information to determine qualifications of prospective bidders and interest in preliminarily identified OCS lease areas. - (2) **Area identification.** BOEM will identify OCS areas for leasing consideration and related analysis in consultation with appropriate Federal agencies, State and local governments, federally recognized Tribes, Alaska Native Claims Settlement Act (ANCSA) corporations, and other interested parties. - (3) **Proposed Sale Notice (PSN).** BOEM will publish a PSN, or a notice of its availability, in the Federal Register, announcing BOEM's intention to conduct an auction for prospective lease areas. The PSN will set forth provisions and information concerning the proposed auction and lease and will invite stakeholder comments. - (4) **Final Sale Notice (FSN).** BOEM will publish an FSN, or a notice of its availability, in the Federal Register setting forth final information concerning the auction and lease. - (5) **Auction.** BOEM will hold an auction under the regulations in this part and the FSN. - (6) **Lease award.** BOEM will award leases subsequent to the completion of the aforementioned steps under the regulations in this part and the FSN. # §585.211. What is the Call? - (a) The Call is a notice that BOEM will publish in the Federal Register requesting responses from stakeholders interested in bidding on designated OCS areas and comments from interested and potentially affected parties. The responses may inform the area identification process and will enable BOEM to determine whether there exists competitive interest in the proposed lease area. BOEM may request additional information from stakeholders related to environmental, economic, and other issues. - (b) The Call may include the following: - (1) The areas that BOEM has preliminarily identified for leasing consideration; - (2) A request for comments concerning geological conditions; archaeological sites on the seabed or nearshore; multiple uses of the proposed leasing area (including, for example, navigation, recreation, military, and fisheries); and other socioeconomic, biological, and environmental information; - (3) Request for comments regarding feasibility for development, including the energy resource and opportunity for grid connection; - (4) Possible lease terms and conditions; - (5) A request to potential bidders to nominate one or more areas for a commercial renewable energy lease within the preliminarily identified leasing areas. Such nominations must include: - (i) The specific OCS blocks that the respondent is interested in leasing; - (ii) A general description of the respondent's objectives and how respondent proposes to achieve those objectives; - (iii) A preliminary schedule of the respondent's proposed activities, including those potentially leading to commercial operations, to the extent known; - (iv) Information regarding respondent's coordination, or intent to coordinate, with any other entity for the purposes of acquiring a lease from BOEM, if applicable; - (v) Documentation demonstrating the respondent's qualification to acquire a lease or grant as specified in §§ [585.107](/cfr/30/585.107.md) and [585.108](/cfr/30/585.108.md); - (vi) Available and pertinent information concerning renewable energy and environmental conditions in the nominated areas, including energy and resource data and information used to evaluate the areas; and - (vii) Any additional information requested by BOEM in the Call; - (c) Respondents have 45 calendar days from the date the Call is published in the Federal Register to reply, unless BOEM specifies another time period of not less than 30 calendar days in the Call. - (d) BOEM may use the information received in response to a Call to: - (1) Identify lease areas; - (2) Develop options for its lease provisions (e.g., stipulations, payments, terms, and conditions); - (3) Inform its environmental analysis conducted under applicable Federal requirements, including, but not limited to, NEPA, the Endangered Species Act (ESA) ([16 U.S.C. 1531-1544](/usc/16/1531-1544.md)), and the CZMA; and - (4) **Determine whether competitive interest exists in all or a portion of any potential lease area.** If BOEM determines no competitive interest exists, BOEM may follow the noncompetitive leasing process set forth in [§ 585.231(d) through (j)](/cfr/30/585.231.md?p=d..j). # §585.212. What is area identification? - (a) Area identification is the process by which BOEM delineates one or more OCS areas for leasing consideration and environmental analysis if the areas appear appropriate for renewable energy development. This process is based on an area's relevant attributes, such as other uses of the area, environmental factors or characteristics, stakeholder comments, industry nominations, feasibility for development, and other relevant information. BOEM consults with interested parties during this process as specified in [§ 585.210(b)(2)](/cfr/30/585.210.md?p=b-2). - (b) BOEM may consider areas nominated by respondents to a Call and other areas determined appropriate for leasing. - (c) For the identified areas, BOEM will evaluate: - (1) The potential effects of leasing the identified areas on the human, marine, and coastal environments; - (2) The feasibility of development; and - (3) **Potential measures, including lease stipulations, to mitigate potential adverse impacts.** Such measures are identified and refined through the area identification process, as well as through environmental review and consultations and published for comment in the Proposed Sale Notice. - (d) BOEM may hold public hearings on the environmental analyses associated with leasing the identified areas, after appropriate notice. - (e) At the end of the area identification, BOEM may offer selected areas for leasing. # §585.213. What information is included in the PSN? - (a) The PSN is a notice that BOEM will publish in the Federal Register for each prospective auction. The PSN will request public comment on the items listed in this section. Public comments will inform BOEM's decisions regarding auction format and lease terms and conditions. At a minimum, the PSN will include or describe the availability of information pertaining to: - (1) **The proposed leases to be offered, including—** - (i) The proposed lease areas, including size and location; - (ii) The proposed lease terms and conditions, including the proposed rental rate and operating fee rate; - (iii) Other proposed payment requirements, as applicable; and - (iv) Proposed requirements for performance under the lease, such as site-specific lease stipulations and environmental mitigation measures; - (2) Steps a bidder must take to obtain and maintain eligibility to participate in the auction (e.g., financial forms, bid deposits); - (3) The proposed availability and potential value of bidding credit(s), if any are offered, and the actions or commitments required to obtain them; - (4) A detailed description of the proposed auction format and procedures as further described in [§ 585.223](/cfr/30/585.223.md); - (5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on or to acquire in an auction, if applicable; - (6) Lease award procedures, including how and when a lease will be awarded and executed, and how BOEM will address unsuccessful bids and applications; - (7) A copy of, or a reference to, the official BOEM lease form; and - (8) **Other relevant matters, as determined by BOEM.** - (b) The PSN may be used to gauge competitive interest by requiring prospective bidders to reaffirm their intent to participate in the auction as a prerequisite for continued eligibility. - (c) A prospective bidder is encouraged to identify in its comments any specific proposed terms and conditions in the PSN that may preclude its participation in the auction. - (d) The PSN's public comment period is 60 calendar days from the date of its publication in the Federal Register, unless BOEM specifies another time period of not less than 30 calendar days in the PSN. - (e) BOEM will notify any potentially affected federally recognized Indian Tribes, States, local governments, and ANCSA corporations of the PSN's publication, and will provide copies of the PSN to these entities upon written request. # §585.214. What information is included in the FSN? - (a) The FSN is a notice that BOEM will publish in the Federal Register at least 30 calendar days before each prospective auction. The FSN will describe the final auction details and will include or describe the availability of information pertaining to: - (1) **The leases to be offered, including—** - (i) The lease areas, including size and location; - (ii) Lease terms and conditions, including the rental rate and the operating fee rate; - (iii) Other payment requirements, as applicable; and - (iv) Requirements for performance under the lease, including site-specific lease stipulations and environmental mitigation measures; - (2) Steps a bidder must take to ensure eligibility to participate in the auction (e.g. financial forms, bid deposits); - (3) The availability and potential value of bidding credit(s), if any are offered, and the actions or commitments required to obtain them. - (4) A detailed description of the auction format and procedures as further described in [§ 585.223](/cfr/30/585.223.md); - (5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on or to acquire in an auction, if applicable; - (6) Lease award procedures, including how and when a lease will be awarded and executed, and how BOEM will handle unsuccessful bids and applications; - (7) A copy of, or a reference to, the official BOEM lease form; and - (8) **Other relevant matters as determined by BOEM.** - (b) The terms of the FSN may differ from the proposed terms of the PSN. # §585.215. What may BOEM do to assess whether competitive interest for a lease area still exists before the auction? - (a) At any time BOEM has reason to believe that competitive interest in any lease area no longer exists before the area's auction, BOEM may issue a notice in the Federal Register, as described in [§ 585.116](/cfr/30/585.116.md), requesting information regarding competitive interest in that area. BOEM will consider respondents' comments to determine whether competitive interest in that area remains. BOEM may decide to end the competitive process for any area if it determines that competitive interest no longer exists. - (b) If BOEM determines after considering respondents' comments to such a notice that competitive interest remains, BOEM will continue with the competitive process set forth in [§§ 585.210 through 585.226](/cfr/30/585.210..585.226.md). - (c) If BOEM determines at any time before the auction that only a single party remains interested in a lease area, BOEM may proceed either with the auction or with the noncompetitive process set forth in [§ 585.231(d) through (j)](/cfr/30/585.231.md?p=d..j) following payment by that party of the acquisition fee specified in [§ 585.502(a)](/cfr/30/585.502.md?p=a). # §585.216. How are bidding credits awarded and used? - (a) BOEM will determine the highest bid, taking into account the combined value of the monetary (cash) component and the non-monetary component(s), represented by bidding credits. The PSN and FSN will explain the following details, if bidding credit(s) are available for that auction: - (1) Eligibility and application requirements; - (2) The value of each available bidding credit, which will be either a sum certain or a percentage of the bid; and - (3) **Procedures for applying each available bidding credit to bids submitted during the auction.** - (b) Eligibility for bidding credits must be established in advance of any lease auction, in accordance with the specifications of the FSN. Such eligibility may be based on actions that the bidder has already undertaken or actions that it has committed to undertake in the future, provided that BOEM has agreed to the terms by which such a commitment will be made. BOEM may offer bidding credits for any of the following: - (1) Power purchase agreements; - (2) Eligibility for, or applicability of, renewable energy credits or subsidies; - (3) Development agreements by a potential lessee that facilitate shared transmission solutions and grid interconnection; - (4) Technical merit, timeliness, or financing and economic considerations; - (5) Environmental considerations, public benefits, or compatibility with State and local needs; - (6) Agreements or commitments by the developer that would facilitate OCS renewable energy development or other OCSLA goals; or - (7) Any other factor or criteria to further development of offshore renewable energy, as identified by BOEM in the PSN and FSN. - (c) Before the auction, bidders seeking to use bidding credits must establish that they meet the eligibility criteria for each bidding credit according to the FSN provisions. - (d) Before the auction, BOEM will determine each bidder's eligibility for bidding credits, and the value of those bidding credits, and will inform each eligible bidder of the value of the bidding credits to which it may be entitled. - (e) A provisional winner who is awarded bidding credits must pay an amount equal to the cash component of its winning bid less any bid deposit retained by BOEM under [§ 585.501](/cfr/30/585.501.md). # §585.217-585.219. Reserved # §585.220. How will BOEM award leases competitively? - (a) BOEM will award leases competitively using an objective, fair, reasonable, and competitive auction process that provides a fair return to the United States. As described in the FSN, leases will be awarded to the highest bidder. - (b) BOEM may use any analog or digital method to conduct the auction. The specific process and procedural details for each auction will be noticed in the PSN and finalized in the FSN. # §585.221. What general provisions apply to all auctions? - (a) If BOEM determines competitive interest exists to develop a renewable energy resource in any OCS area and decides to issue a lease for that area, BOEM will conduct an auction to award the lease. - (b) The auction's format, procedures, and other details will be specified in the FSN, as outlined in [§ 585.214](/cfr/30/585.214.md). Possible auction formats include, but are not limited to, sealed bidding and ascending bidding. - (c) The FSN will specify the potential use of alternatives if the primary auction method, system, or mechanism malfunctions. Alternatively, BOEM may take action consistent with [paragraph (d)](#d) of this section until the malfunction is resolved. - (d) Any time before a provisional winner is determined, BOEM may delay, suspend, or cancel an auction due to a natural or man-made disaster, technical malfunction, security breach, unlawful bidding activity, administrative necessity, or any other reason that BOEM determines may adversely affect the fair and efficient conduct of the auction. In its discretion, BOEM may restart the auction at whatever point it deems appropriate, reasonable, fair, and efficient for all participants; or, alternatively, BOEM may cancel the auction in its entirety. - (e) BOEM will determine the provisional winner for each lease area under the auction rules and bidding procedures prescribed in the FSN. # §585.222. What other auction rules must bidders follow? - (a) Bidders must submit a deposit to participate in an auction under [§ 585.501(a)](/cfr/30/585.501.md?p=a), unless otherwise specified in the FSN. A provisional winner's bid deposit will be credited toward the balance due on its bid. - (b) Only bidders qualified by BOEM under §§ [585.107](/cfr/30/585.107.md) and [585.108](/cfr/30/585.108.md) are permitted to bid during an auction. - (c) Only an authorized agent may act on a bidder's behalf during an auction. Bidders must submit the names of their authorized agents to BOEM before the auction, as prescribed in the FSN. - (d) Each bidder must follow the auction process specified in the FSN and may not take any action to disrupt or alter the process beyond its intended function. - (e) A bidder is responsible for immediately contacting BOEM if it is unable to submit its bid for any reason during an auction. If a bidder fails to timely notify BOEM of its inability to bid, it may not dispute the auction or lease award on that basis. If a bidder timely notifies BOEM of its inability to submit a bid, BOEM, in its discretion, may suspend the auction, continue the auction using an alternative method, or continue the auction without the participation of the affected bidder. # §585.223. What supplemental information will BOEM provide in a PSN and FSN? - (a) In addition to the information described in §§ [585.213](/cfr/30/585.213.md) and [585.214](/cfr/30/585.214.md), BOEM may provide the following auction information, as appropriate, in the PSN and FSN: - (1) **Bidding instructions, procedures, and systems, including the bid variables.** How the auction will be conducted and what systems and procedures will be utilized. - (2) **Bid deposit.** The amount a bidder must pay under [§ 585.501(a)](/cfr/30/585.501.md?p=a) to be eligible to bid. The FSN will prescribe the process and deadline for submitting a bid deposit. - (3) **Mock auction.** Notice of a practice auction before the actual auction. Only bidders eligible for the actual auction will be permitted to participate in the mock (i.e., practice) auction. - (4) **Auction date, starting time and location.** The starting time will include the relevant time zone, and the location will indicate where the auction will take place. - (5) **Minimum bid.** The price at which the bidding will start. - (6) **Information BOEM will release to bidders between rounds.** This information may include prior round results and other updates. - (7) **Tie-breaking provision.** This provision describes the method that BOEM will use to break a tie between two or more identical high bids offered for the same lease area, or package of lease areas. - (8) **Next highest bidder.** The method that BOEM will use to determine the next highest bidder of a completed auction in the event the provisional winner fails to meet its obligations or is unable to acquire a lease for any reason, or if a competitively issued lease or any portion thereof is relinquished or cancelled within six months of the auction. - (b) **The list in paragraph (a) of this section is not exhaustive.** BOEM may include in the FSN any other information relevant to that auction. # §585.224. What will BOEM do after the auction? - (a) **At the conclusion of the auction, BOEM will—** - (1) **Declare the bidding closed.** - (2) **Assess whether the bids meet the requirements of BOEM's regulations and the FSN.** BOEM may disqualify bids based on this review. - (3) Under [43 U.S.C. 1337(c)](/usc/43/1337.md?p=c), provide the Department of Justice, in consultation with the Federal Trade Commission, the opportunity to conduct an antitrust review of the lease sale results. BOEM may disqualify bids based on the results of this review. - (4) BOEM will declare the provisional winner of each lease area. - (b) BOEM may reject any and all bids received, regardless of the amount offered. - (c) BOEM will accept or reject bids within 90 calendar days of auction closure; BOEM may extend that time by notice to bidders within 15 calendar days before the 90 calendar day period ends. - (d) BOEM will deem rejected any bid not accepted within the 90 calendar-day period, or any extension. BOEM will provide each rejected bidder a written explanation for the rejection and will refund, without interest, any monies deposited by the rejected bidder. - (e) BOEM may withdraw all or part of a lease area from the lease sale between auction closure and lease execution. In the event that a portion of the lease area is withdrawn, the provisional winner has the option to refuse the lease without penalty, to propose new lease terms for BOEM's concurrence, or to accept the lease with the reduced area. - (f) BOEM may re-auction any lease area or portions thereof that remain unsold at the conclusion of an auction. BOEM may restart the competitive leasing process at any point in the process set forth in [§ 585.210](/cfr/30/585.210.md) that it deems reasonable and appropriate (e.g., Call, area identification, PSN, or FSN). # §585.225. What happens if BOEM accepts a bid? - (a) BOEM will identify and notify the lease area's provisional winner of the amount due on each winning bid, which equals the cash component of the provisional winner's bid less its bid deposit retained by BOEM under [§ 585.501](/cfr/30/585.501.md). BOEM will provide an unsigned copy of the lease to the provisional winner. - (b) Within 10 business days after receipt of the unsigned copy, or as otherwise specified by BOEM under [paragraph (d)](#d) of this section, the provisional winner must: - (1) Execute the lease and return it to BOEM; - (2) File financial assurance as required by [§§ 585.516 through 585.529](/cfr/30/585.516..585.529.md); and - (3) **Pay the amount due.** - (c) When the bid deposit exceeds the amount due, BOEM will refund the overage without interest. - (d) A provisional winner may request in writing an extension of the 10-day time limit in [paragraph (b)](#b) of this section. BOEM, in its discretion, may grant such a request. - (e) BOEM will execute the lease by signing the lease on behalf of the United States only after the provisional winner completes the requirements in [paragraph (b)](#b) of this section and any appeals timely filed under [§ 585.118(c)(1)](/cfr/30/585.118.md?p=c-1) have been resolved. After BOEM executes the lease, the provisional winner becomes the winning bidder, and BOEM will send the winning bidder an electronic version of the fully executed copy of the lease. The lease takes effect as set forth in [§ 585.237](/cfr/30/585.237.md). - (f) The winning bidder must pay the first 12 months' rent under [§ 585.503(a)](/cfr/30/585.503.md?p=a) within 45 calendar days after receiving a copy of the executed lease from BOEM. - (g) In the event that a lessee does not meet the commitments it made to obtain any bidding credits, the lessee will be required to repay the value of the bidding credits that it received adjusted for inflation. # §585.226. What happens if the provisional winner fails to meet its obligations? - (a) If BOEM determines that a provisional winner has failed to timely complete the steps outlined in [§ 585.225(b)](/cfr/30/585.225.md?p=b) or [§ 585.316](/cfr/30/585.316.md), or has otherwise failed to comply with applicable laws, regulations, or FSN provisions, BOEM may take one or more of the following actions: - (1) **Decline to execute the applicable lease.** - (2) Decline to execute the lease for any other lease areas that the provisional winner won during the auction. - (3) **Require forfeiture of the bid deposit.** In the event the bid deposit exceeds the amount of the winning bid, BOEM would limit the required forfeiture to the lesser amount. - (4) Refer the matter to the Department of the Interior's Administrative Remedies Division for suspension or debarment review pursuant to [2 CFR part 180](/cfr/2/part180.md) as implemented at [2 CFR part 1400](/cfr/2/part1400.md). - (5) **Pursue any other remedy available.** - (b) If BOEM declines to execute a lease with the provisional winner under [paragraph (a)](#a) of this section, BOEM may decide to select a new provisional winner by either repeating the auction under [§ 585.224(f)](/cfr/30/585.224.md?p=f), or pursuant to the procedures in [§ 585.223(a)(8)](/cfr/30/585.223.md?p=a-8), by selecting the next highest bid submitted during the auction, or by using other procedures specified in the FSN. - (c) BOEM's decisions under this section are appealable under [§ 585.118](/cfr/30/585.118.md).