Request for Interest in Commercial Leasing for Wind Power Development on the Gulf of Mexico Outer Continental Shelf (OCS), 31339-31343 [2021-12267]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Ocean Energy Management

[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: https://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 https://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 https://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