[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31339-31343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12267]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0041]
Request for Interest in Commercial Leasing for Wind Power
Development on the Gulf of Mexico Outer Continental Shelf (OCS)
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Request for interest; commercial leasing for wind power
development on the Gulf of Mexico OCS.
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SUMMARY: The Bureau of Ocean Energy Management (BOEM) issues this
request for interest (RFI) to assess interest in, and to invite public
comment on, possible commercial wind energy leasing on the Gulf of
Mexico OCS. BOEM will consider information received in response to this
RFI to determine whether to schedule a competitive lease sale or to
issue a noncompetitive lease for any portion of the area described in
this RFI (RFI Area). Even if you are not interested in identifying
specific acreage for leasing consideration, BOEM is interested in
understanding potential opportunities for all types of renewable energy
development throughout the Gulf of Mexico. Those interested in leasing
within the RFI Area for a commercial wind energy project should provide
detailed and specific information described in the section of this RFI
entitled ``Required Indication of Interest Information.'' Those
interested in providing public comments and information regarding site
conditions, resources, and multiple uses in close proximity to, or
within, the RFI Area should provide information requested in the
section of this RFI entitled ``Requested Information from Interested or
Affected Parties.'' As a result of this RFI, BOEM may or may not issue
a lease for a commercial wind energy project within the RFI Area; a
lease is the first step in BOEM's process to review and approve a
commercial wind energy project. See the section of this RFI entitled
``BOEM's Planning and Leasing Process.''
DATES: Submissions indicating your interest in or providing comments on
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commercial leasing within the RFI Area must be received no later than
July 26, 2021. Late submissions may not be considered.
ADDRESSES: Please submit indications of interest in commercial leasing
via U.S. Postal Service, FEDEX, UPS, or any other mail carrier to:
Bureau of Ocean Energy Management, Office of Emerging Programs, 1201
Elmwood Park Boulevard, New Orleans, Louisiana 70123. In addition to a
paper copy, include an electronic copy on any digital data storage
device. Do not submit indications of interest via the Federal
eRulemaking Portal.
Please submit comments and other information as listed in the
section titled ``Requested Information from Interested or Affected
Parties'' by either of the following two methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. In the
search box at the top of the web page, enter BOEM-2021-0041 and then
click ``search.'' Follow the instructions to submit public comments and
view supporting and related materials.
2. U.S. Postal Service or other mail delivery service. Send your
comments and other information to the following address: Bureau of
Ocean Energy Management, Office of Emerging Programs, 1201 Elmwood Park
Boulevard, New Orleans, Louisiana 70123.
For information about submitting public comments, please see the
section under SUPPLEMENTARY INFORMATION entitled ``Protection of
Privileged, Personal, or Confidential Information.''
FOR FURTHER INFORMATION CONTACT: Tershara Matthews, Chief, Emerging
Programs, Office of Emerging Programs, Bureau of Ocean Energy
Management, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123,
(504) 736-2676 or [email protected].
SUPPLEMENTARY INFORMATION:
1. Authority
This RFI is published under section 8(p)(3) of the Outer
Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337(p)(3) as well as
the implementing regulations at 30 CFR 585.210.
2. Purpose
Section 8(p)(3) of OCSLA requires BOEM to award leases
competitively, unless BOEM determines that there is no competitive
interest. This RFI is a preliminary step to assist BOEM in determining
potential interest in offshore wind in the RFI Area. If, following this
RFI, BOEM determines that there is no competitive interest in the RFI
Area, BOEM may proceed with the noncompetitive leasing process under 30
CFR 585.232. If, following this RFI, BOEM determines that there is
competitive interest in any portion of the RFI Area, BOEM may proceed
with the competitive leasing process under 30 CFR 585.211 through
585.225. Whether the leasing process is competitive or noncompetitive,
BOEM will include opportunities for the public to provide input. In
addition, BOEM will conduct a thorough environmental review and
requisite consultations with appropriate Federal agencies, federally
recognized Tribes, State and local governments, and other interested
parties, which will be conducted in conformance with all applicable
laws and regulations. Parties other than those interested in obtaining
a commercial lease are welcome to submit comments in response to this
RFI.
3. Description of the RFI Area
The RFI Area comprises the entire Central Planning Area (CPA) and
Western Planning Area (WPA) of the Gulf of Mexico, excluding the
portions of those areas located in water depths greater than 1,300
meters.
The CPA is bounded on the north by the Federal-State boundary
offshore Louisiana, Mississippi, and Alabama. The eastern boundary of
the CPA begins at the offshore boundary between Alabama and Florida and
proceeds southeasterly to 26.19[deg] N latitude, thence southwesterly
to 25.6[deg] N latitude. The western boundary of the CPA begins at the
offshore boundary between Texas and Louisiana and proceeds
southeasterly to 28.43[deg] N latitude, thence south-southwesterly to
27.49[deg] N latitude, thence south-southeasterly to 25.80[deg] N
latitude. The CPA is bounded on the south by the maritime boundary with
Mexico as established by the Treaty between the Government of the
United States of America and the Government of the United Mexican
States on the Delimitation of the Continental Shelf in the Western Gulf
of Mexico beyond 200 Nautical Miles (U.S.-Mexico Treaty), which took
effect in January 2001, and by the limit of the U.S. Exclusive Economic
Zone in the area east of the continental shelf boundary with Mexico.
The CPA available for possible wind energy leasing consists of
approximately 29 million acres.
The WPA is bounded on the west and north by the Federal-State
boundary offshore Texas. The eastern boundary begins at the offshore
boundary between Texas and Louisiana and proceeds southeasterly to
28.43[deg] N latitude, thence south-southwesterly to 27.49[deg] N
latitude, thence south-southeasterly to 25.80[deg] N latitude. The WPA
is bounded on the south by the maritime boundary with Mexico as
established by the U.S.-Mexico Treaty. The WPA available for possible
wind energy leasing consists of approximately 21.5 million acres.
A map depicting the RFI Area is available for download on the BOEM
website at http://www.boem.gov. A map depicting current active oil and
gas leases in the Gulf of Mexico can be found at https://www.boem.gov/gom-interactive-lease-statistics-dashboard.
4. Requested Information From Interested or Affected Parties
BOEM requests specific and detailed comments from the public and
other interested or affected parties regarding the following features,
activities, mitigations, or concerns within or around the RFI Area:
a. Geological, geophysical, and biological bathymetric conditions
(including shallow hazards and live bottom).
b. Known archaeological or cultural resource sites on the seabed.
c. Information regarding the identification of historic properties
or potential effects to historic properties from leasing, site
assessment activities (including the construction of meteorological
towers or the installation of meteorological buoys), or commercial wind
energy development in the RFI Area. This includes potential offshore
and onshore archaeological sites or historic properties within the RFI
Area that could potentially be affected by renewable energy activities
within the RFI Area. This information will inform BOEM's review of
future undertakings under section 106 of the National Historic
Preservation Act (NHPA) and under the National Environmental Policy Act
(NEPA).
d. Information about potentially conflicting uses of the RFI Area,
including, but not limited to, navigation (in particular, commercial
and recreational vessel use), significant sediment resource areas, and
oil and gas leasing. Additional information regarding recreational and
commercial fisheries including, but not limited to, the use of the
areas, the fishing gear used, seasonal use, and recommendations for
reducing use conflicts.
e. Available and pertinent data and information concerning
renewable energy resources and environmental conditions. Where
applicable, spatial information should be submitted in a format
compatible with ArcGIS 10.8.1 in a geographic coordinate system (NAD
27).
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f. Information relating to visual resources and aesthetics, the
potential impacts of wind turbines and associated infrastructure to
those resources, and potential strategies to help mitigate or minimize
any visual effects.
g. Other relevant socioeconomic, cultural, biological, and
environmental information.
h. Any other relevant information BOEM should consider during its
planning and decision-making process for the purpose of issuing leases
in the RFI Area.
i. Even if you are not interested in nominating acreage for
leasing, BOEM is interested in understanding potential opportunities
for all types of renewable energy development in the Gulf of Mexico.
Please provide information to develop an understanding of the potential
investment opportunities or interest in developing clean energy in the
area.
5. Required Indication of Interest Information
If you intend to submit one or more indications of interest for a
commercial wind energy lease within the RFI Area, you must provide the
following information for each indication of interest:
a. The BOEM leasing map name and number, or official protraction
diagram number, and the specific whole or partial OCS blocks within the
RFI Area that you are interested in leasing. This information should be
submitted as a spatial file compatible with ArcGIS 10.8.1 in a
geographic coordinate system (NAD 27) in addition to your hard copy
submittal. If your nomination includes one or more partial blocks,
please describe those partial blocks in terms of a sixteenth (i.e.,
sub-block) of an OCS block.
b. A description of your objectives and the facilities that you
would use to achieve those objectives.
c. A preliminary schedule of proposed activities, including those
leading to commercial operations.
d. Available and pertinent data and information concerning
renewable energy resources and environmental conditions in the areas
that you wish to lease, including energy and resource data and
information used to evaluate the area. Where applicable, spatial
information should be submitted in a format compatible with ArcGIS
10.8.1 in a geographic coordinate system (NAD 27).
e. Documentation demonstrating that you are legally qualified to
hold a lease in accordance with 30 CFR 585.106 and 585.107(c). Examples
of the documentation appropriate for demonstrating your legal
qualifications and related guidance can be found in the Qualifications
to Acquire and Hold Renewable Energy Leases and Grants on the OCS.
Legal qualification documents that you provide to BOEM may be made
available for public review. If you wish that any part of your legal
qualification documentation be kept confidential, clearly identify what
should be kept confidential and submit it under separate cover (see the
section of this RFI entitled ``Protection of Privileged or Confidential
Information Section'').
f. Documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining, and
decommissioning the commercial wind energy facility described in your
submission in accordance with 30 CFR 585.107(a). Guidance regarding the
documentation to demonstrate your technical and financial
qualifications can be found at http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx.
Any documentation you submit to demonstrate your legal, technical,
and financial qualifications must be provided to BOEM in both paper and
electronic formats. BOEM considers an Adobe PDF file on a media storage
device to be an acceptable format for an electronic copy.
6. Protection of Privileged, Personal, or Confidential Information
a. Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit when required by the Freedom of Information Act (FOIA).
Exemption 4 of FOIA applies to trade secrets and commercial or
financial information that is privileged or confidential. If you wish
to protect the confidentiality of such information, clearly label it
and request that BOEM treat it as confidential. BOEM will not disclose
such information if BOEM determines under 30 CFR 585.113(b) that it
qualifies for exemption from disclosure under FOIA. Please label
privileged or confidential information ``Contains Confidential
Information'' and consider submitting such information as a separate
attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information. Additionally, BOEM will not treat as confidential (1) the
legal title of the nominating entity (for example, the name of your
company), or (2) the list of whole or partial blocks that you are
nominating. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
b. Personally Identifiable Information
BOEM does not consider anonymous comments; please include your name
and address as part of your comment. You should be aware that your
entire comment, including your name, address, and any personally
identifiable information (PII) included in your comment, may be made
publicly available. All submissions from identified individuals,
businesses, and organizations will be available for public viewing on
regulations.gov and may release comments under a FOIA request. For BOEM
to withhold your PII from disclosure, you must identify any information
contained in your comments that, if released, would constitute a
clearly unwarranted invasion of your personal privacy. You must also
briefly describe any possible harmful consequences of the disclosure of
information, such as embarrassment, injury, or other harm.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under section 304 of NHPA as confidential.
7. BOEM's Environmental Review Process
Before deciding whether and where leases may be issued, BOEM will
prepare an environmental assessment (EA) under the NEPA process and
conduct consultations to consider the environmental consequences
associated with issuing commercial wind energy leases within the RFI
Area. The EA will consider the reasonably foreseeable environmental
consequences associated with leasing, such as site characterization
activities (including geophysical, geotechnical, archaeological, and
biological surveys) and site assessment activities (including
installation of a meteorological tower or meteorological buoy). BOEM
also will conduct appropriate consultations concurrently with, and
integrated into, the NEPA process. These consultations include, but are
not limited to, those required by the Coastal Zone Management Act, the
Endangered Species Act, the Magnuson-Stevens
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Fishery Conservation and Management Act, section 106 of the NHPA, and
Executive Order 13175--``Consultation and Coordination with Tribal
Governments.''
Before BOEM allows a lessee to begin construction of a wind energy
project in the RFI Area, BOEM will consider the environmental effects
of the construction and operation of any wind energy facility under a
separate, project-specific NEPA process. This separate NEPA process
will include additional opportunities for public involvement and likely
will result in the publication of an environmental impact statement.
BOEM's Planning and Leasing Process
1. Determination of Competitive Interest: Section 8(p)(3) of OCSLA
states that ``the Secretary shall issue a lease, easement, or right-of-
way . . . on a competitive basis unless the Secretary determines after
public notice of a proposed lease, easement, or right-of-way that there
is no competitive interest.'' Accordingly, BOEM must first determine
whether there is competitive interest in acquiring a lease within the
RFI Area to develop offshore wind energy. At the conclusion of the
comment period for this RFI, BOEM will review the indications of
interest received and determine if competitive interest exists in any
part of the RFI Area. For areas with competitive interest, BOEM may
consider proceeding with competitive leasing as described in the
section of this RFI entitled ``Competitive Leasing Process.'' For areas
where BOEM determines that only one entity is interested, BOEM may
consider proceeding with noncompetitive leasing, as described in the
section entitled ``Noncompetitive Leasing Process.''
If BOEM determines that competitive interest exists in the RFI Area
and identifies those areas as appropriate to lease, BOEM may hold a
competitive lease sale on any or all portions of the RFI Area. In the
event BOEM holds such a lease sale, all qualified bidders, including
those bidders that did not submit an indication of interest in response
to this RFI, will be able to participate in the lease sale. BOEM
reserves the right not to lease any or all portions of the RFI Area or
to modify such areas from their original, proposed form before offering
them for lease.
2. Competitive Leasing Process: BOEM will follow the steps required
by 30 CFR 585.211 through 585.225 if it decides to proceed with the
competitive leasing process in the RFI Area. Those steps are:
a. Call for Information and Nominations (Call): BOEM will publish a
Call in the Federal Register for leasing in specified areas. The
comment period following the Call will be 45 days. In the Call, BOEM
may request comments seeking information on areas that should receive
special consideration and analysis; geological conditions (including
bottom hazards); archaeological sites on the seabed or nearshore;
possible multiple uses of the proposed leasing area (including
navigation, recreation, and fisheries); and on other socioeconomic,
biological, and environmental matters. In response to the Call,
potential lessees must submit the following information: The area of
interest for a possible lease; a general description of the potential
lessee's objectives and the facilities that the potential lessee would
use to achieve those objectives; a general schedule of proposed
activities, including those leading to commercial operations; data and
information concerning renewable energy and environmental conditions in
the area of interest, including the energy and resource data and
information used to evaluate the area of interest; and documentation
showing the potential lessee is qualified to hold a lease. However, a
potential lessee is not required to resubmit information it has already
submitted in response to this RFI.
b. Area Identification: Based on the information received in
response to this RFI and the Call, BOEM will determine the level of
commercial interest and identify the areas that would be appropriate to
analyze for potential leasing. The areas identified will constitute the
wind energy areas (WEA) and will be subject to environmental analysis
as described above, in consultation with appropriate Federal agencies,
Federally recognized Tribes, State and local governments, and other
interested parties.
c. Proposed Sale Notice (PSN): If BOEM decides to proceed with a
competitive lease sale within the WEA after completion of its
environmental analysis and consultations, BOEM will publish a PSN in
the Federal Register with a comment period of 60 days. The PSN will
describe the areas BOEM intends to offer for leasing, the proposed
conditions of a lease sale, the proposed auction format of the lease
sale, and the lease instrument, including lease addenda. Additionally,
the PSN will describe the criteria and process for evaluating bids in
the lease sale.
d. Final Sale Notice (FSN): After considering the comments on the
PSN, if BOEM decides to proceed with a competitive lease sale, it will
publish a FSN in the Federal Register at least 30 days before the date
of the lease sale.
e. Bid Submission and Evaluation: Following publication of the FSN
in the Federal Register, BOEM will offer the lease areas through a
competitive sale process, using procedures specified in the FSN. BOEM
will review the sale, including bids and bid deposits, for technical
and legal adequacy. BOEM will ensure that bidders have complied with
all applicable regulations. BOEM reserves the right to reject any or
all bids and to withdraw an offer to lease an area, even after bids
have been submitted.
f. Issuance of a Lease: Following identification of the winning bid
on a lease area, BOEM will notify the successful bidder and provide a
set of official lease documents for signature. BOEM requires a
successful bidder to sign and return the lease, pay the remainder of
the bonus bid, if applicable, and file the required financial assurance
within 10-business days of receiving the lease documents. Upon receipt
of the required payments, financial assurance, and properly signed
lease forms, BOEM may execute a lease with the successful bidder.
3. Noncompetitive Leasing Process: BOEM's noncompetitive leasing
process would include the following steps:
a. Determination of No Competitive Interest: If, after evaluating
all relevant information, BOEM determines there is no competitive
interest in all or a portion of the RFI Area, it may proceed with the
noncompetitive lease issuance process under 30 CFR 585.231 and 585.232.
BOEM will seek to determine if the sole respondent, who nominated a
particular area, intends to proceed with acquiring the lease; if so,
the respondent must submit an acquisition fee as specified in 30 CFR
585.502(a). After receiving the acquisition fee, BOEM will follow the
process outlined in 30 CFR 585.231(d) through (i), which includes the
publication of a determination of no competitive interest in the
Federal Register.
b. Review of Lease Request: BOEM will comply with all required
consultations and environmental analyses before issuing a lease
noncompetitively. Further, BOEM will coordinate and consult, as
appropriate, with relevant Federal agencies, federally recognized
Tribes, affected State and local governments, and other affected or
interested parties in formulating lease terms, conditions, and
stipulations.
c. Lease Issuance: After completing its review of the lease
request, BOEM may offer a noncompetitive lease. Within 10-business days
of receiving the lease, the respondent must execute it and provide a
$100,000 lease-specific bond, under 30 CFR 585.515, to guarantee
compliance
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with all terms and conditions of the lease. Within 45 days of receiving
the lease, the lessee must pay BOEM the first 12 months' rent.
Amanda Lefton,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2021-12267 Filed 6-10-21; 8:45 am]
BILLING CODE 4310-MR-P