Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 261, 69660-69669 [2023-22316]
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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2023–0013]
Gulf of Mexico Outer Continental Shelf
Oil and Gas Lease Sale 261
Bureau of Ocean Energy
Management, Interior.
ACTION: Revised final notice of sale.
AGENCY:
On Wednesday, November 8,
2023, the Bureau of Ocean Energy
Management (BOEM) will open and
publicly announce bids received for
blocks offered in the Gulf of Mexico
(GOM) Outer Continental Shelf (OCS)
Oil and Gas Lease Sale 261 (GOM Lease
Sale 261), in accordance with the Outer
Continental Shelf Lands Act (OCSLA),
as amended, and its implementing
regulations. This revised GOM Lease
Sale 261 Final Notice of Sale (Final
NOS) package contains information
essential to potential bidders and
comprises this notice, Information to
Lessees, and Lease Stipulations.
DATES: BOEM will hold GOM Lease Sale
261 at 9:00 a.m. on Wednesday,
November 8, 2023. All times referred to
in this document are Central time,
unless otherwise specified.
Bid submission deadline: BOEM must
receive all sealed bids prior to the Bid
Submission Deadline of 10:00 a.m. on
Tuesday, November 7, 2023, the day
before the lease sale. For more
information on bid submission, see
Section VII of this document, ‘‘Bidding
Instructions.’’
ADDRESSES: Bids will be accepted by
MAIL ONLY through any parcel
delivery service (e.g., FedEx, UPS, U.S.
Postal Service, DHL), prior to the bid
submission deadline, at 1201 Elmwood
Park Boulevard, New Orleans,
Louisiana, 70123. Public bid reading for
GOM Lease Sale 261 will be held at
1201 Elmwood Park Boulevard, New
Orleans, Louisiana. The venue will not
be open to the general public, media, or
industry during bid opening or reading.
Bid opening will be available for public
viewing on BOEM’s website at https://
www.boem.gov/Sale-261/ via livestreaming video beginning at 9:00 a.m.
on the date of the sale. The results will
be posted on BOEM’s website upon
completion of bid opening and reading.
Interested parties may download the
Final NOS package from BOEM’s
website at https://www.boem.gov/Sale261/. Copies of the sale maps can be
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SUMMARY:
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obtained by contacting the BOEM GOM
Region: Gulf of Mexico Region Public
Information Office, Bureau of Ocean
Energy Management, 1201 Elmwood
Park Boulevard, New Orleans, Louisiana
70123–2394, (504) 736–2519 or (800)
200–GULF.
FOR FURTHER INFORMATION CONTACT: The
New Orleans Office Lease Sale
Coordinator, Greg Purvis, at
BOEMGOMRLeaseSales@boem.gov or
504–736–1729.
SUPPLEMENTARY INFORMATION: The
Inflation Reduction Act of 2022 (IRA)
directed BOEM to hold GOM Lease Sale
261 by September 30, 2023. On August
25, 2023, BOEM published in the
Federal Register the Final NOS for
Lease Sale 261, which originally
scheduled GOM Lease Sale 261 for
September 27, 2023, in compliance with
the IRA. See 88 FR 58310.1 Two
lawsuits then challenged the Final NOS
in the U.S. District Court for the
Western District of Louisiana. To
implement the Memorandum Order 2
issued by the U.S. District Court for the
Western District of Louisiana on
September 21, 2023 (Case No. 2:23–CV–
01157), and a subsequent order 3 issued
by the U.S. Court of Appeals for the
Fifth Circuit on September 26, 2023
(Case No. 23–30666), BOEM is
rescheduling the sale, revising the sale
area to include the blocks that were the
subject of the courts’ orders, modifying
the Lease Stipulations to remove the
protected species language that was the
subject of the courts’ orders, updating
the Information to Lessees, publishing a
revised List of Available Blocks, and
publishing new maps related to the sale.
The FNOS makes no further changes to
the FNOS published on August 25,
2023. This revised Final NOS and
associated documents provide notice to
the public and potential bidders of the
updated timing, process, and terms for
Lease Sale 261.
BOEM is also advising bidders that
Lease Sale 261 remains in active
litigation in the U.S. District Court of
the Western District of Louisiana and
the U.S Court of Appeals in the Fifth
Circuit. It is possible that BOEM could
be ordered to modify the schedule, sale
1 https://www.federalregister.gov/documents/
2023/08/25/2023-18342/gulf-of-mexico-outercontinental-shelf-oil-and-gas-lease-sale-261.
2 https://www.courtlistener.com/docket/
67727401/82/state-of-louisiana-v-haaland/.
3 https://www.boem.gov/sites/default/files/
documents/oil-gas-energy/leasing/23-30666_
order.pdf.
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area and terms of the sale through
additional orders from these or other
courts. BOEM would announce any
such orders and changes to the sale on
its website at https://www.boem.gov/
Sale-261/.
Authority: This revised notice of sale
is published pursuant to 43 U.S.C. 1331
et seq. (Outer Continental Shelf Lands
Act, as amended) and 30 CFR
556.308(a).
Table of Contents
I. Lease Sale Area
II. Statutes and Regulations
III. Lease Terms and Economic Conditions
IV. Lease Stipulations
V. Information to Lessees
VI. Maps
VII. Bidding Instructions
VIII. Bidding Rules and Restrictions
IX. Forms
X. The Lease Sale
XI. Delay of Sale
I. Lease Sale Area
Blocks Offered for Leasing: BOEM
will offer for bid in this lease sale all of
the available unleased acreage in the
GOM OCS as identified on the map,
‘‘Final Notice of Sale, Gulf of Mexico
OCS Oil and Gas Lease Sale 261,
November 2023, Final Sale Area’’
(https://www.boem.gov/Sale-261/),
except those blocks listed below in
‘‘Blocks Not Offered for Leasing.’’ Please
note that, in compliance with the court
orders mentioned above, the expanded
Rice’s whale area (whole and partial
blocks between the 100 meter (m) and
400 m isobaths across the northern
GOM OCS, eastward from the Mexican
border with Texas and westward from
the eastern edge of the Central Planning
Area) that was previously excluded
from the sale is now included in Lease
Sale 261, unless such blocks are
otherwise subject to a separate
exclusion not addressed by the District
Court and listed below.
Blocks Not Offered for Leasing: BOEM
will exclude the following whole and
partial blocks from this sale. The BOEM
Official Protraction Diagrams (OPDs)
and Supplemental OPDs are available
online at https://www.boem.gov/oil-gasenergy/mapping-and-data.
• Whole and Partial Blocks
withdrawn from leasing by Presidential
Withdrawal in the September 8, 2020,
Memorandum on the Withdrawal of
Certain Areas of the United States Outer
Continental Shelf from Leasing
Disposition:
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GOM protraction areas
Block
Pensacola (Leasing Map NH 16–05) ..................
Destin Dome (Leasing Map NH 16–08) ..............
Whole Blocks: 751–754, 793–798, 837–842, 881–886, 925–930, 969–975.
Whole Blocks: 1–7, 45–51, 89–96, 133–140, 177–184, 221–228, 265–273, 309–317, 353–
361, 397–405, 441–450, 485–494, 529–538, 573–582, 617–627, 661–671, 705–715, 749–
759, 793–804, 837–848, 881–892, 925–936, 969–981.
Whole Blocks: 1–15, 45–59, 92–102.
Partial Blocks: 16, 60, 61, 89–91, 103–105, 135–147.
Partial Blocks: 114, 158, 202, 246, 290, 334, 335, 378, 379, 422, 423.
DeSoto Canyon (Leasing Map NH 16–11) .........
Henderson (Leasing Map NG 16–05) .................
• Whole and Partial Blocks within the
boundary of the Flower Garden Banks
National Marine Sanctuary (East and
West Flower Garden Banks and the
Stetson Bank) as of the July 14, 2008,
Memorandum on Modification of the
Withdrawal of Areas of United States
Outer Continental Shelf from Leasing
Disposition:
GOM protraction areas
Block
High Island, East Addition, South Extension
(Leasing Map TX7C).
Whole Block: A–398.
Partial Blocks: A–366, A–367, A–374, A–375, A–383, A–384, A–385, A–388, A–389, A–397,
A–399, A–401.
Partial Blocks: A–502, A–513.
High Island, South Addition (Leasing Map
TX7B).
• Whole and Partial Blocks that are
adjacent to or beyond the U.S. Exclusive
Economic Zone in the area known as the
northern portion of the Eastern Gap:
GOM protraction areas
Block
Lund South (Leasing Map NG 16–07) ................
Henderson (Leasing Map NG 16–05) .................
Whole Blocks: 128, 129, 169—173, 208–217, 248–261, 293–305, 349.
Whole Blocks: 466, 508–510, 551–554, 594–599, 637–643, 679–687, 722–731, 764–775,
807–819, 849–862, 891–905, 933–949, 975–992.
Partial Blocks: 335, 379, 423, 467, 511, 555, 556, 600, 644, 688, 732, 776, 777, 820, 821,
863, 864, 906, 907, 950, 993, 994.
Whole Blocks: 5–24, 46–67, 89–110, 133–154, 177–197, 221–240, 265–283, 309–327, 363–
370.
Florida Plain (Leasing Map NG 16–08) ..............
• Depth-restricted, segregated block
portion(s). The current block meeting
this criterion is: Block 299, Main Pass
Area, South and East Addition (as
shown on Louisiana Leasing Map
LA10A), containing 1,125 acres from the
surface of the earth down to a subsea
depth of 1,900 feet with respect to the
following described portions:
SW1⁄4NE1⁄4; NW1⁄4SE1⁄4NE1⁄4;
W1⁄2NE1⁄4SE1⁄4NE1⁄4; S1⁄2S1⁄2NW1⁄4NE1⁄4;
S1⁄2SW1⁄4NE1⁄4NE1⁄4;
S1⁄2SW1⁄4SE1⁄4NE1⁄4NE1⁄4; N1⁄2SW1⁄4SE1⁄4
NE1⁄4; SW1⁄4SW1⁄4SE1⁄4NE1⁄4; NW1⁄4SE1⁄4
SE1⁄4 NE1⁄4; N1⁄2NW1⁄4SW1⁄4SE1⁄4SE1⁄4NE1⁄4;
N1⁄2SE1⁄4SW1⁄4SE1⁄4NE1⁄4;
N1⁄2S1⁄2SE1⁄4SW1⁄4SE1⁄4NE1⁄4;
S1⁄2NE1⁄4NW1⁄4; S1⁄2S1⁄2N1⁄2NE1⁄4NW1⁄4;
N1⁄2SE1⁄4NW1⁄4;S1⁄2SE1⁄4NW1⁄4NW1⁄4;
NE1⁄4SE1⁄4 NW1⁄4NW1⁄4;
E1⁄2NE1⁄4SW1⁄4NW1⁄4; N1⁄2SE1⁄4SE1⁄4NW1⁄4;
NE1⁄4SW1⁄4SE1⁄4NW1⁄4;
N1⁄2NW1⁄4SW1⁄4SE1⁄4NW1⁄4;
GOM protraction areas
SE1⁄4SE1⁄4SE1⁄4NW1⁄4;
E1⁄2SW1⁄4SE1⁄4SE1⁄4NW1⁄4;
N1⁄2NW1⁄4NE1⁄4SW1⁄4NW1⁄4;
N1⁄2S1⁄2NW1⁄4NE1⁄4SW1⁄4NW1⁄4;
N1⁄2N1⁄2NE1⁄4NE1⁄4NE1⁄4SW1⁄4;
N1⁄2N1⁄2N1⁄2NW1⁄4NW1⁄4SE1⁄4;
N1⁄2N1⁄2NW1⁄4NE1⁄4NW1⁄4SE1⁄4
• Whole and Partial Blocks that were
previously subject to the Blocks South
of Baldwin County, Alabama,
Stipulation:
Blocks
Mobile (Leasing Map NH16–04) .........................
Viosca Knoll (Leasing Map NH 16–07) ...............
826–830, 869–874, 913–918, 957–962, 1001–1006.
33–35.
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• Whole and Partial Blocks that were
previously subject to the Topographic
Features Stipulation:
GOM protraction area
Blocks
East Breaks (Leasing Map NG 15–01) ...............
East Cameron Area (Leasing Map LA2) .............
Eugene Island Area (Leasing Map LA4) .............
Ewing Bank (Leasing Map NH 15–12) ...............
Garden Banks (Leasing Map NG 15–02) ...........
121–124, 165–168, 173, 217.
361–363, 377–379.
335, 355–356, 381–383, 390–391, 397.
903, 932–933, 944–945, 947, 975–977
26–31, 33, 61–63, 70–77, 81–85, 95–98, 102–110, 119–121, 126–128, 133–136, 138–146,
148–155, 177–180, 192–198, 237–239.
4–7, 49–50, 90.
A311–312, A 327–A 332, A 340, A 346–A403, A446–A448, A463–A465, A486–A488, A501–
A503, A512–A514, A527–A529, A534–A535, A573, A578–A580, A589–A591, A596.
Green Canyon (Leasing Map NG 15–03) ...........
High Island Area, East Addition (Leasing Map
TX7A).
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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
GOM protraction area
Blocks
Mississippi Canyon (Leasing Map NH 16–10) ....
Mustang Island Area (Leasing Map TX3) ...........
North Padre Island Area (Leasing Map TX2) .....
South Marsh Island Area, North Addition (Leasing Map LA3D).
Ship Shoal Area (Leasing Map LA5) ..................
South Timbalier Area (Leasing Map LA6) ..........
Vermilion Area (Leasing Map LA3) .....................
West Cameron Area (Leasing Map LA1) ............
West Delta Area (Leasing Map LA8) ..................
• Whole blocks that contain banks
that are adjacent to blocks previously
316.
A3–4, A9, A16, A54, A61–A62, A86–A87, A95, A117–A118, A136–A137.
PN A30–A31, A40–A41, A72, A83–A84.
161–163, 169–173, 176–180, 185–188, 193–197, 200–204.
325–329, 334–339, 348–353, 356–359.
314–317.
284–286, 297–300, 303–306, 317–320, 361–363, 369–372, 382–396, 403–412.
569–570, 589–592, 611–614, 633–638, 645–646, 648–663.
147–148.
included in the Topographic Features
Stipulation:
GOM protraction area
Blocks
Garden Banks (Leasing Map NG 15–02) ...........
181.
• Whole and Partial Blocks that were
previously subject to the Live Bottom
(Pinnacle Trend) Stipulation:
GOM protraction area
Blocks
Main Pass Area, South and East Addition
(Leasing Map LA10A).
Viosca Knoll (Leasing Map NH 16–07) ...............
• Whole and partial blocks identified
as either Wind Energy Area Options
(Areas A, B, C, D, E, F, G, H, J, K, L, and
473–476, 521–522, 564–566, 610, 654, 692–698, 734, 778.
N) or final Wind Energy Areas (Areas I
and M):
GOM protraction area
Blocks
Brazos Area (Leasing Map TX5) ........................
430, 457–459, 466–468, 572–575, 580–584, 609–614, A22, A28–A29, A3, A30–A35, A42–
A43.
A102–A105, A46–A48, A55–A58, A60–A61, A73–A74.
Brazos Area, South Addition (Leasing Map
TX5B).
East Cameron Area (Leasing Map LA2) .............
Galveston Area (Leasing Map TX6) ...................
Galveston Area, South Addition (Leasing Map
TX6A).
High Island Area (Leasing Map TX7) .................
High Island Area, East Addition (Leasing Map
TX7A).
High Island Area, South Addition (Leasing Map
TX7B).
Matagorda Island Area (Leasing Map TX4) ........
Mustang Island Area (Leasing Map TX3) ...........
South Padre Island Area, East Addition (Leasing Map TX1A).
West Cameron Area (Leasing Map LA1) ............
West Cameron Area, West Addition (Leasing
Map LA1A).
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190, 194, 198, 219–226, 244–266, 276–290.
96–106, 113–124.
237, 258–259, 265–268, 286–291, 293–299, 317–327, 350–356, 386–387, 427–429, 460–
462, 464–465, A1–A9, A10–A35, A40–A49, A62–A77, A84–A86, A91–A94, A97–A99,
A103–A105, A110–A113.
A114–A119, A138–A139, A140–A148, A169–A174, A203.
235–236, 260–261, 263–264, 292, A2–A4, A11–A15, A27–A31, A62–A64, A66–A68, A70–
A90, A92–A99, A100–A111, A113–A116, A118–A142, A144–A152, A156–A163, A165–
A166.
A170–A174, A177–A182, A187–A193, A195–A199, A202–A209, A211–A213, A216–217,
A220–A228, A233–A241, A250–A251.
A404–A405, A408–A413, A420–A425, A428–A431, A434–A439, A454–A457, A480–A481.
639–642, 646–649, 673–678, A1, A3, A4.
803–804, 810–812, 826–828, 832–834, 847–849, 853–854.
1078, 1097–1098, 1117–1119, A35–A36, A46–A52, A59–A64.
188–190, 195–196, 205–213, 224–230, 241–245, 256.
302–303, 314–318, 328–334, 343–352, 359–360, 362–364, 372–379, 393–396, 398–400.
• Whole and Partial BOEMdesignated Significant Sediment
Resource Area Blocks:
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GOM protraction area
Blocks
Bay Marchand Area (Leasing Map LA6C) ..........
Breton Sound Area (Leasing Map LA10B) .........
Chandeleur Area (Leasing Map LA11) ...............
Eugene Island Area (Leasing Map LA4) .............
Galveston Area (Leasing Map TX6) ...................
Galveston Area, South Addition (Leasing Map
TX6A).
Grand Isle Area (Leasing Map LA7) ...................
High Island Area (Leasing Map TX7) .................
High Island Area, East Addition (Leasing Map
TX7A).
Mobile (Leasing Map NH 16–04) ........................
Main Pass Area (Leasing Map LA10) .................
Main Pass, South and East Addition (Leasing
Map LA10A).
South Pelto Area (Leasing Map LA6B) ...............
Sabine Pass Area (LA) (Leasing Map LA12) .....
South Marsh Island Area, North Addition (Leasing Map LA3D).
Ship Shoal Area (Leasing Map LA5) ..................
South Timbalier Area (Leasing Map LA6) ..........
Sabine Pass Area (TX) (Leasing Map TX8) .......
Viosca Knoll (Leasing Map NH 16–07) ...............
Vermilion Area (Leasing Map LA3) .....................
West Cameron Area (Leasing Map LA1) ............
West Cameron Area, West Addition (Leasing
Map LA1A).
West Delta Area (Leasing Map LA8) ..................
The final list of blocks available for
bid is posted on BOEM’s website at
https://www.boem.gov/Sale-261/ under
the Final NOS tab.
II. Statutes and Regulations
Each lease is issued pursuant to
OCSLA, 43 U.S.C. 1331 et seq., as
amended, and is subject to OCSLA
implementing regulations promulgated
pursuant thereto in 30 CFR part 556,
and other applicable statutes and
regulations in existence upon the
effective date of the lease, as well as
those applicable statutes enacted and
regulations promulgated thereafter,
except to the extent that the afterenacted statutes and regulations
explicitly conflict with an express
2–5.
24, 25, 39, 41–44, 53–56.
1, 4, 5, 8, 16, 28, 30–34.
10, 18–35, 37–96, 111, 112.
265, 290, 291, 293, 294, 295, 322.
1A, 2A, 3A, 4A, 5A.
15, 25.
19–21, 35–39, 45–49, 60–65, 69–76, 83–91, 111–119, 131–137, 158–164, 171–175, 196–
205, 230–234, 261–264, 292, A6–A10, A16–A22, A37–A42, A60–A65.
6, 10, 38–42, 45, 46, 60–65, 74–76, 83, 84, 85.
765–767, 778, 779, 809–824, 826–830, 853–874, 897–918, 942, 946, 947, 954–962, 991,
999–1006.
6, 39–44, 58–60, 86–90, 92–120, 125–129, 139.
161, 162, 180, 181.
1–20, 23–25.
8–16.
207–237, 241–249, 259–261, 267, 268.
24–26, 37, 38, 63–75, 84–100, 107–114, 119, 120.
9–11, 16–18, 34, 51, 52, 54, 55, 66, 67, 72.
9, 17, 18, 40, 44.
23, 34–38, 67, 78–82, 111, 155.
11, 30, 49, 51–54, 68–77, 86–96, 108–111.
20–22, 41–45, 56–60, 78–83, 90–95, 113–118, 128–134, 146–150, 153–157, 160, 161, 162,
168–172, 181.
154–157, 160–162, 287.
20–31, 32, 43–50, 56–61.
provision of the lease. Each lease is
subject to amendments to statutes and
regulations, including but not limited to
OCSLA, that do not explicitly conflict
with an express provision of the lease.
The lessee expressly bears the risk that
such new or amended statutes and
regulations (i.e., those that do not
explicitly conflict with an express
provision of the lease) may increase or
decrease the lessee’s obligations under
the lease.
BOEM reserves the right to reject any
and all bids received, regardless of the
amount offered (see 30 CFR 556.516).
III. Lease Terms and Economic
Conditions
OCS Lease Form
BOEM will use Form BOEM–2005
(February 2017) to convey leases
resulting from this sale. This lease form
can be viewed on BOEM’s website at
https://www.boem.gov/BOEM-2005. The
lease form will be amended to include
specific terms, conditions, and
stipulations applicable to the individual
lease. The final terms, conditions, and
stipulations applicable to this sale are
below.
Primary Terms
Primary terms are summarized in the
following table:
Water depth
(meters)
Primary term
0 to <400 .........................................
The primary term is 5 years; the lessee may earn an additional 3 years (i.e., for an 8-year extended primary term) if a well is spudded targeting hydrocarbons below 25,000 feet True Vertical Depth Subsea
(TVDSS) during the first 5 years of the lease.
The primary term is 5 years; the lessee will earn an additional 3 years (i.e., for an 8-year extended primary
term) if a well is spudded during the first 5 years of the lease.
10 years.
400 to <800 .....................................
800+ ................................................
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(1) The primary term for a lease in
water depths less than 400 meters
issued as a result of this sale is 5 years.
If the lessee spuds a well targeting
hydrocarbons below 25,000 feet TVDSS
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within the first 5 years of the lease, then
the lessee may earn an additional 3
years, resulting in an 8-year primary
term. The lessee will earn the 8-year
primary term when the well is drilled to
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a target below 25,000 feet TVDSS; or the
lessee may earn the 8-year primary term
in cases where the well targets, but does
not reach, a depth below 25,000 feet
TVDSS due to mechanical or safety
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reasons that are beyond the lessee’s
control, and that are supported by
sufficient evidence from the lessee. To
earn the 8-year primary term, the lessee
is required to submit a letter to the
BOEM GOM Regional Supervisor, Office
of Leasing and Plans, as soon as
practicable, but no more than 30 days
after completion of the drilling
operation, providing the well number,
spud date, information demonstrating a
target below 25,000 feet TVDSS and
whether that target was reached, and if
applicable, any safety or mechanical
reasons encountered that prevented the
well from reaching a depth below
25,000 feet TVDSS. In the letter, the
lessee must request confirmation from
BOEM that the lessee earned the 8-year
primary term. The BOEM GOM Regional
Supervisor for Leasing and Plans will
confirm in writing, within 30 days of
receiving the lessee’s letter, whether the
lessee has earned the extended primary
term and accordingly update BOEM’s
records. The extended primary term is
not effective unless and until the lessee
receives confirmation from BOEM. A
lessee that has earned the 8-year
primary term by spudding a well with
a hydrocarbon target below 25,000 feet
TVDSS during the standard 5-year
primary term of the lease will not be
granted a suspension for that same
period under the regulations at 30 CFR
250.175 because the lease is not at risk
of expiring.
(2) The primary term for a lease in
water depths ranging from 400 to less
than 800 meters issued as a result of this
sale is 5 years. If the lessee spuds a well
within the 5-year primary term of the
lease, the lessee may earn an additional
3 years, resulting in an 8-year primary
term. To earn the 8-year primary term,
the lessee is required to submit a letter
to the BOEM GOM Regional Supervisor,
Office of Leasing and Plans, as soon as
practicable, but no more than 30 days
after spudding a well, providing the
well number and spud date, and
requesting confirmation from BOEM
that the lessee earned the 8-year
extended primary term. Within 30 days
of receipt of the request, the BOEM
GOM Regional Supervisor for Leasing
Water Depth
(meters)
Years 1–5
0 to <200 ..........................................................................................................
200 to <400 ......................................................................................................
400+ .................................................................................................................
Escalating Rental Rates for Leases With
an 8-Year Primary Term in Water
Depths Less Than 400 Meters
Any lessee with a lease in less than
400 meters water depth who earns an 8year primary term will pay an escalating
rental rate as shown above. The rental
rates after the fifth year for blocks in less
than 400 meters water depth will
become fixed and no longer escalate if
another well is spudded targeting
hydrocarbons below 25,000 feet TVDSS
after the fifth year of the lease, and
BOEM concurs that such a well has
been spudded. In this case, the rental
rate will become fixed at the rental rate
in effect during the lease year in which
the additional well was spudded.
Royalty Rate
• 183⁄4 percent for all leases.
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Minimum Royalty Rate
• $10 per acre or fraction thereof per
year for blocks in water depths less than
200 meters; and
• $16 per acre or fraction thereof per
year for blocks in water depths 200
meters or deeper.
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The Department may issue leases with
Royalty Suspension Volumes (RSVs)
and other forms of royalty relief under
30 CFR part 560, which BOEM
administers. The specific details relating
to eligibility and implementation of
RSVs and other royalty relief programs
are found at 30 CFR part 203, which the
Bureau of Safety and Environmental
Enforcement administers. In this sale,
the only royalty relief program being
offered involves RSVs for the drilling of
ultra-deep wells in water depths of less
than 400 meters, as described in the
following section.
Royalty Suspension Volumes on Gas
Production From Ultra-deep Wells
Pursuant to 30 CFR part 203, certain
leases issued as a result of this sale may
be eligible for RSV incentives on gas
produced from ultra-deep wells. Under
this program, wells on leases in less
than 400 meters water depth and
completed to a drilling depth of 20,000
feet TVDSS or deeper receive an RSV of
35 billion cubic feet on the production
of natural gas. This RSV incentive is
subject to applicable price thresholds
set forth in the regulations at 30 CFR
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Minimum Bonus Bid Amounts
BOEM will not accept a bonus bid
unless it provides for a cash bonus in an
amount equal to or exceeding the
specified minimum bid, as described
below.
• $25 per acre or fraction thereof for
blocks in water depths less than 400
meters; and
• $100 per acre or fraction thereof for
blocks in water depths 400 meters or
deeper.
Rental Rates
Annual rental rates, per acre or
fraction thereof, are summarized in the
following table:
Year 6
$10
16
16
Royalty Suspension Provisions
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and Plans will provide written
confirmation of whether the lessee has
earned the extended primary term and
accordingly update BOEM’s records.
The extended primary term is not
effective unless and until the lessee
receives confirmation from BOEM.
(3) The primary term for a lease in
water depths 800 meters or deeper
issued as a result of this sale is 10 years.
Year 7
$20
32
22
Year 8+
$30
48
22
$40
64
22
part 203. These regulations implement
the requirements of the Energy Policy
Act of 2005 (Pub. L. 109–58, 119 Stat.
594 (2005)).
IV. Lease Stipulations
On September 21, 2023, the U.S.
District Court for the Western District of
Louisiana issued an order 4 requiring
BOEM to modify, for purposes of this
sale, the version of Stipulation No. 4
originally published in the August 2023,
Final NOS package. To comply with this
order, Stipulation No. 4 no longer
contains the enhanced protection
measures for the Rice’s whale that
previously appeared under paragraph
(B)(4). BOEM has published a revised
Lease Stipulations document for this
sale on its website, available at https://
www.boem.gov/Sale-261/.
One or more of the stipulations below
may be applied to leases issued as a
result of this sale. The applicable blocks
for each stipulation are identified on the
map ‘‘Final Notice of Sale, Gulf of
Mexico OCS Oil and Gas Lease Sale 261,
November 2023, Stipulations and
Deferred Blocks’’ included in the Final
4 https://www.courtlistener.com/docket/
67727401/82/state-of-louisiana-v-haaland/.
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NOS package. The full text of the
following stipulations is contained in
the ‘‘Lease Stipulations’’ section of the
Final NOS package. BOEM has posted
the final list of blocks available for bid
and the applicable stipulations that
apply to those blocks on its website at
https://www.boem.gov/Sale-261/ under
the Final NOS tab.
(1) Military Areas
(2) Evacuation
(3) Coordination
(4) Protected Species
(5) United Nations Convention on the
Law of the Sea Royalty Payment
(6) Agreement Between the United
States of America and the United
Mexican States Concerning
Transboundary Hydrocarbon
Reservoirs in the Gulf of Mexico
(7) Restrictions due to Rights-of-Use and
Easement for Floating Production
Facilities
(8) Royalties on All Produced Gas
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V. Information to Lessees
Information to Lessees (ITLs) provide
detailed information on certain issues
pertaining to specific oil and gas lease
sales. The full text of the ITLs for this
sale is contained in the ‘‘Information to
Lessees’’ section of the Final NOS
package and covers the following topics.
(1) Navigation Safety
(2) Ordnance Disposal Areas
(3) Existing and Proposed Artificial
Reefs/Rigs-to-Reefs
(4) Lightering Zones
(5) Indicated Hydrocarbons List
(6) Military Areas
(7) Bureau of Safety and Environmental
Enforcement Inspection and
Enforcement of Certain U.S. Coast
Guard Regulations
(8) Significant Outer Continental Shelf
Sediment Resource Areas
(9) Notice of Arrival on the Outer
Continental Shelf
(10) Bidder/Lessee Notice of Obligations
Related to Criminal/Civil Charges and
Offenses, Suspension, or Debarment;
Disqualification Due to a Conviction
Under the Clean Air Act or the Clean
Water Act
(11) Protected Species
(12) Expansion of the Flower Garden
Banks National Marine Sanctuary
(13) Communication Towers
(14) Deepwater Port Applications (DWP)
for Offshore Oil and Liquefied Natural
Gas Facilities
(15) Ocean Dredged Material Disposal
Sites
(16) Rights-of-Use and Easement
(17) Industrial Waste Disposal Areas
(18) Gulf Islands National Seashore
(19) Air Quality Permit/Plan Approvals
(20) Provisions Pertaining to Certain
Transactions by Foreign Persons
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Involving Real Estate in the United
States
(21) Inflation Reduction Act of 2022
VI. Maps
The maps pertaining to this lease sale
can be viewed on BOEM’s website at
https://www.boem.gov/Sale-261/. The
following maps also are included in the
Final NOS package:
Sale Area Map
The sale area is shown on the map
entitled, ‘‘Final Notice of Sale, Gulf of
Mexico OCS Oil and Gas Lease Sale 261,
November 2023, Final Sale Area.’’
Lease Terms and Economic Conditions
Map
The lease terms and economic
conditions associated with leases of
certain blocks are shown on the map
entitled, ‘‘Final Notice of Sale, Gulf of
Mexico Oil and Gas Lease Sale 261,
November 2023, Lease Terms and
Economic Conditions.’’
Stipulations and Deferred Blocks Map
The lease stipulations and the blocks
to which they apply are shown on the
map entitled, ‘‘Final Notice of Sale, Gulf
of Mexico OCS Oil and Gas Lease Sale
261, November 2023, Stipulations and
Deferred Blocks.’’
VII. Bidding Instructions
BOEM is returning, unopened, all
bids submitted by bidders under the
previously issued Final NOS. Bidders
wishing to participate in Lease Sale 261
must submit new bids or resubmit their
returned bids in accordance with the
terms and conditions contained in this
revised Final NOS.
Bids may be submitted BY MAIL
ONLY through any parcel delivery
service (e.g., FedEx, UPS, USPS, DHL) at
the address below in the ‘‘Mailed Bids’’
section. Bidders should be aware that
BOEM has eliminated in-person bidding
for GOM Lease Sale 261. Instructions on
how to submit a bid, secure payment of
the advance bonus bid deposit (if
applicable), and the information to be
included with the bid are as follows:
Bid Form
For each block bid upon, a separate
sealed bid must be submitted in a sealed
envelope (as described below) and
include the following items:
• Total amount of the bid in whole
dollars only;
• Sale number;
• Sale date;
• Each bidder’s exact name;
• Each bidder’s proportionate
interest, stated as a percentage, using a
maximum of five decimal places (e.g.,
33.33333 percent);
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69665
• Typed name and title, and signature
of each bidder’s authorized officer.
Electronic signatures are acceptable.
The typed name, title, and signature
must agree exactly with the name and
title on file in the BOEM Gulf of Mexico
OCS Region Adjudication Section;
• Each bidder’s BOEM qualification
number;
• Map name and number or OPD
name and number;
• Block number; and
• Statement acknowledging that the
bidder(s) understands that this bid
legally binds the bidder(s) to comply
with all applicable regulations,
including the requirement to post a
deposit in the amount of one-fifth of the
bonus bid amount for any tract bid upon
and make payment of the balance of the
bonus bid and first year’s rental upon
BOEM’s acceptance of high bids.
The information required for each bid
is specified in the document ‘‘Bid
Form’’ that is available in the Final NOS
package, which can be found at https://
www.boem.gov/Sale-261/. A blank bid
form is provided in the Final NOS
package for convenience and can be
copied and completed with the
necessary information described above.
Bid Envelope
Each bid must be submitted in a
separate sealed envelope labeled as
follows:
• ‘‘Sealed Bid for GOM Lease Sale
261, not to be opened until 9 a.m.
Wednesday, November 8, 2023’’;
• Map name and number or OPD
name and number;
• Block number for block bid upon;
• Acreage, if the bid is for a block that
is split between the Central and Eastern
Planning Areas; and
• The exact name and qualification
number of the submitting bidder only.
The Final NOS package includes a
sample bid envelope for reference.
Mailed Bids
Please address the envelope
containing the sealed bid envelope(s) as
follows: Attention: Leasing and
Financial Responsibility Section, BOEM
New Orleans Office, 1201 Elmwood
Park Boulevard MS–266A, New Orleans,
Louisiana 70123–2394, Contains Sealed
Bids for GOM Lease Sale 261, Please
Deliver to Mr. Greg Purvis, 2nd Floor,
Immediately.
Please Note: Bidders are advised to
inform BOEM by email at
BOEMGOMRLeaseSales@boem.gov
immediately after placing bid(s) in the
mail. This provides advance notice to
BOEM regarding pending bids prior to
the bid submission deadline. In the
email, please state the tracking number
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of the bid package, the number of bids
being submitted, and the email address
of the person who should receive the
bid receipt for signature. If BOEM
receives bids later than the bid
submission deadline, the BOEM GOM
Regional Director (RD) will return those
bids unopened to bidders. Please see
Section XI, ‘‘Delay of Sale,’’ regarding
BOEM’s discretion to extend the Bid
Submission Deadline in the case of an
unexpected event (e.g., flooding) and
how bidders can obtain more
information on such extensions.
Advance Bonus Bid Deposit Guarantee
Bidders that are not currently an OCS
oil and gas lease record title holder or
designated operator, or those that have
ever defaulted on a one-fifth bonus bid
deposit, must guarantee (secure) the
payment of the one-fifth bonus bid
deposit, by Electronic Funds Transfer
(EFT) or otherwise, prior to bid
submission using one of the following
four methods:
• Provide a third-party guarantee;
• Amend a development stage areawide bond via bond rider;
• Provide a letter of credit; or
• Provide a lump sum payment in
advance via EFT.
Please provide, at the time of bid
submittal, a confirmation or tracking
number for the payment, the name of
the company submitting the payment as
it appears on the payment, and the date
the payment was submitted so that
BOEM can confirm payment with the
Office of Natural Resources Revenue
(ONRR). Bidders should submit
payments to their financial institution at
least 5 business days prior to bid
submittal to ensure that the Office of
Foreign Assets Control and the U.S.
Department of the Treasury (U.S.
Treasury) have time to screen and
process payments and that payments are
posted to ONRR prior to placing the bid.
ONRR cannot confirm payment until the
monies have been moved into
settlement status by the U.S. Treasury.
Bids will not be accepted if BOEM
cannot confirm payment with ONRR
before 10:00 a.m. on Tuesday,
November 7, 2023.
If providing a third-party guarantee,
amending a development stage areawide bond via bond rider, or providing
a letter of credit to secure your one-fifth
bonus bid deposit, bidders are urged to
file these documents with BOEM well in
advance of submitting the bid. This
allows processing time and ensures
bidders have time to take any necessary
curative actions prior to bid submission.
For more information on EFT
procedures, see Section X, ‘‘The Lease
Sale.’’
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Affirmative Action
Prior to bidding, each bidder should
file the Equal Opportunity Affirmative
Action Representation Form BOEM–
2032 (February 2020, available on
BOEM’s website at https://
www.boem.gov/BOEM-2032/) and Equal
Opportunity Compliance Report
Certification Form BOEM–2033
(February 2020, available on BOEM’s
website at https://www.boem.gov/
BOEM-2033/) with the BOEM GOM
Adjudication Section. This certification
is required by 41 CFR part 60 and
Executive Order (E.O.) 11246, issued
September 24, 1965, as amended by E.O.
11375, issued October 13, 1967, and by
E.O. 13672, issued July 21, 2014. Both
forms must be on file for the bidder(s)
in the GOM Adjudication Section prior
to the execution of any lease contract.
Geophysical Data and Information
Statement (GDIS)
The GDIS is composed of three parts:
(1) A ‘‘Statement’’ page that includes
the company representatives’
information and separate lists of blocks
bid on that used proprietary data and
those blocks bid upon that did not use
proprietary data;
(2) A ‘‘Table’’ listing the required data
about each proprietary survey used (see
below); and
(3) ‘‘Maps’’ that contain the live trace
maps for each proprietary survey that is
identified in the GDIS statement and
table.
Every bidder submitting a bid on a
block in GOM Lease Sale 261 or
participating as a joint bidder in such a
bid must submit at the time of bid
submission all three parts of the GDIS.
A bidder must submit the GDIS even if
a joint bidder or bidders on a specific
block also have submitted a GDIS.
Please specify on the outside of the
GDIS envelope if the information
provided is for a joint bid, and if so,
include the block number and primary
bidder (company submitting the bid).
Any speculative data that has been
reprocessed externally or ‘‘in-house’’ is
considered proprietary due to the
proprietary processing and is no longer
considered to be speculative.
The bidder and joint bidder must
submit the GDIS in a separate and
sealed envelope and must identify all
proprietary data; reprocessed
speculative data, and/or any Controlled
Source Electromagnetic surveys,
Amplitude Versus Offset (AVO) data,
gravity data, and/or magnetic data; or
other information used as part of the
decision to bid or participate in a bid on
the block. The bidder and joint bidder
must also include a live trace map (e.g.,
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pdf and ArcGIS shapefile) for each
proprietary survey identified in the
GDIS illustrating the actual areal extent
of the proprietary geophysical data in
the survey (see the ‘‘Example of
Preferred Format’’ that is included in
the Final NOS package for additional
information). The shape file must not
include cultural resources information;
only the live trace map of the survey
itself.
The GDIS statement must include the
name, phone number, and full address
for a contact person and an alternate
who are both knowledgeable about the
geophysical information and data listed
and who are available for 30 days after
the sale date. The GDIS statement must
also include a list of all blocks bid upon,
including those blocks where no
proprietary or reprocessed geophysical
data and/or proprietary information was
used, as a basis for the bidder’s decision
to bid or to participate as a joint bidder
in the bid. All GDIS statements must be
included with any submitted bids in a
separate envelope identified as GDIS.
All bidders must submit the GDIS
statement, even if no proprietary
geophysical data or information was
used in its bid preparation for the block.
An example of the preferred format of
the table is included in the Final NOS
package, and a blank digital version of
the preferred table can be accessed on
the GOM Lease Sale 261 website at
https://www.boem.gov/Sale-261/. The
GDIS table should have columns that
clearly state the following:
• The sale number;
• The bidder company’s name;
• The joint bidder’s company’s name
(if applicable);
• The company that will provide the
proprietary geophysical survey data to
BOEM;
• The block area and block number
bid upon;
• The owner of the original data set
(e.g, TGS, PGS, WGC, CGG, etc.);
• The industry’s original name of the
survey (e.g., E Octopus);
• The BOEM permit number for the
survey;
• Whether the data set is a fast-track
version (intermediate product that is not
final);
• Whether the data is speculative or
proprietary;
• The data type (e.g., 2–D, 3–D, or 4–
D; pre-stack or post-stack; time or
depth);
• The migration algorithm (e.g.,
Kirchhoff migration, wave equation
migration, reverse migration, reverse
time migration) of the data and areal
extent of bidder survey (i.e., number of
line miles for 2–D or number of blocks
for 3–D);
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• The live proprietary survey
coverage (2–D miles 3–D blocks);
• The computer storage size, to the
nearest gigabyte, of each seismic data
and velocity volume used to evaluate
the lease block;
• Who reprocessed the data;
• The date on which the final
reprocessing was completed (month and
year);
• If the data was previously sent to
BOEM, list the sale number and date of
the sale for which it was used;
• Whether proprietary or speculative
AVO/AVA (PROP/SPEC) was used;
• The date on which AVO or AVA
was sent to BOEM, if sent prior to the
sale;
• Whether AVO/AVA is time or
depth (PSTM or PSDM);
• Which angled stacks were used
(e.g., NEAR, MID, FAR, ULTRAFAR);
• Whether the company used Gathers
to evaluate the block in question; and
• Whether the company used Vector
Offset Output (VOO) or Vector Image
Partitions (VIP) to evaluate the block in
question.
BOEM will use the computer storage
size information to estimate the
reproduction costs for each data set, if
applicable. BOEM will determine the
availability of reimbursement of
production costs consistent with 30 CFR
551.13.
BOEM reserves the right to inquire
about alternate data sets, to perform
quality checks, and to compare the
listed and alternative data sets to
determine which data set most closely
meets the needs of the fair market value
determination process. See the
‘‘Example of Preferred Format’’ that is
included in the Final NOS package.
The GDIS maps are live trace maps
(e.g., pdf and ArcGIS shapefiles) that
bidders should submit for each
proprietary survey identified in the
GDIS table. The maps should illustrate
the actual areal extent of the proprietary
geophysical data in the survey (see the
‘‘Example of Preferred Format’’ that is
included in the Final NOS package for
additional information). As previously
stated, the shapefile must not include
cultural resources information, only the
live trace map of the survey itself.
Pursuant to 30 CFR 551.12 and
556.501, as a condition of the sale, the
BOEM GOM Regional Director requests
that all bidders and joint bidders submit
the proprietary data identified on their
GDIS within 30 days after the lease sale
(unless notified after the lease sale that
BOEM has withdrawn the request). This
request only pertains to proprietary data
that is not commercially available.
Commercially available data should not
be submitted to BOEM unless
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specifically requested by BOEM. No
reimbursement will be provided for
unsolicited data sent to BOEM. The
BOEM GOM RD will notify bidders and
joint bidders of any withdrawal of the
request, for all or some of the
proprietary data identified on the GDIS,
within 15 calendar days of the lease
sale. Where the BOEM GOM RD has
notified bidders and joint bidders that
the request for such proprietary data has
been withdrawn, reimbursement will
not be provided. Pursuant to 30 CFR
part 551 and 30 CFR 556.501, as a
condition of this sale, all bidders that
are required to submit data must ensure
that the data are received by BOEM no
later than the 30th day following the
lease sale, or the next business day if the
submission deadline falls on a weekend
or Federal holiday. Please do not submit
proprietary geophysical survey data in
the GDIS envelope.
The proprietary geophysical survey
data must be submitted to BOEM at the
following address within 30 days of the
sale as stated above: Bureau of Ocean
Energy Management, Resource Studies,
GM 881A, 1201 Elmwood Park Blvd.,
New Orleans, Louisiana 70123–2304.
The GDIS must be submitted along
with your bid envelope to: Leasing and
Financial Responsibility Section, BOEM
New Orleans Office, 1201 Elmwood
Park Boulevard MS–266A, New Orleans,
Louisiana 70123–2394, Contains Sealed
Bids for GOM Lease Sale 261, Please
Deliver to Mr. Greg Purvis, 2nd Floor,
Immediately.
BOEM recommends that bidders mark
the GDIS submission’s external
envelope as ‘‘Deliver Immediately to
DASPU.’’ BOEM also recommends that
bidders submit the GDIS in an internal
envelope, or otherwise marked, with the
following designation: ‘‘Geophysical
Data and Information Statement for Oil
and Gas Lease Sale 261’’, Company
Name, GOM Company Qualification
Number, and ‘‘Proprietary Data.’’
In the event a person supplies any
type of data to BOEM, that person must
meet the following requirements to
qualify for reimbursement:
(1) Must be registered with the System
for Award Management (SAM), formerly
known as the Central Contractor
Registration (CCR). CCR usernames will
not work in SAM. A new SAM user
account is needed to register or update
an entity’s records. The website for
registering is https://usfcr.com/registerrenew/.
(2) Must be enrolled in the U.S.
Treasury’s Invoice Processing Platform
(IPP) for electronic invoicing; to enroll
go to https://www.ipp.gov/. Access then
will be granted to use the IPP for
submitting requests for payment. When
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submitting a request for payment, the
assigned Purchase Order Number must
be included.
(3) Must have a current On-line
Representations and Certifications
Application at https://usfcr.com/.
Please Note: Digital copies and
duplicate hardcopies should be
submitted for the GDIS Statement, Table
and Maps. The GDIS Statement should
be sent as a digital PDF. The GDIS
Information Table must be submitted
digitally as an Excel spreadsheet. The
Proprietary Maps should be sent as PDF
files and the live trace outline of each
proprietary survey should also be
submitted as a shapefile. Please flatten
all layered PDF files, since layered PDFs
can have many objects. Layered PDFs
can cause problems opening or printing
the file correctly. Bidders may submit
the digital files on a CD, DVD, or any
USB external drive (formatted for
Windows). If bidders have any
questions, please contact Ms. Dee Smith
at (504) 736–2706 or Ms. Teree
Campbell at (504) 736–3231.
Bidders should refer to the
‘‘Acceptance, Rejection, or Return of
Bids’’ heading under Section X, ‘‘The
Lease Sale,’’ regarding a bidder’s failure
to comply with the requirements of the
Final NOS, including any failure to
submit information required in the Final
NOS package.
Telephone Numbers/Addresses of
Bidders
BOEM requests that bidders provide
this information in the suggested format
prior to or at the time of bid submission.
The suggested format is included in the
Final NOS package. The form must not
be enclosed inside the sealed bid
envelope.
Additional Documentation
BOEM may require bidders to submit
other documents in accordance with 30
CFR 556.107, 556.401, 556.501, and
556.513.
VIII. Bidding Rules and Restrictions
Restricted Joint Bidders
On May 4, 2023, BOEM published the
Spring 2023 List of Restricted Joint
Bidders in the Federal Register at 88 FR
28610. Potential bidders are advised to
refer to the List of Restricted Joint
Bidders that is in place at the time of the
lease sale. BOEM intends to publish the
Fall 2023 List of Restricted Joint Bidders
in the Federal Register in the coming
weeks. Please refer to the joint bidding
provisions at 30 CFR 556.511–556.515.
Authorized Signatures
All signatories executing documents
on behalf of the bidder(s) must execute
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the same in conformance with the
BOEM qualification records. Bidders are
advised that BOEM considers the signed
bid to be a legally binding obligation on
the part of the bidder(s) to comply with
all applicable regulations, including that
requiring payment of one-fifth of the
bonus bid on all high bids. A statement
to this effect is included on each bid
form (see the document ‘‘Bid Form’’ that
is included in the Final NOS package).
Unlawful Combination or Intimidation
BOEM warns bidders against violation
of 18 U.S.C. 1860, which prohibits
unlawful combination or intimidation of
bidders.
Bid Withdrawal
Bids may be withdrawn only by
written request delivered to BOEM prior
to the bid submission deadline via any
parcel delivery service. Withdrawals
will not be accepted in person or via
email. The withdrawal request must be
on company letterhead and must
contain the bidder’s name, its BOEM
qualification number, the map name/
number, and the block number(s) of the
bid(s) to be withdrawn. The withdrawal
request must be executed by one or
more of the representatives named in
the BOEM qualification records. The
name and title of the authorized
signatory must be typed under the
signature block on the withdrawal
request. The BOEM GOM RD, or the
RD’s designee, will indicate approval by
signing and dating the withdrawal
request.
lotter on DSK11XQN23PROD with NOTICES1
Bid Rounding
Minimum bonus bid calculations,
including rounding, for all blocks are
shown in the document ‘‘List of Blocks
Available for Leasing’’ that is included
in the Final NOS package. The bonus
bid amount must be stated in whole
dollars. If the acreage of a block contains
a decimal figure, then prior to
calculating the minimum bonus bid,
BOEM will round up to the next whole
acre. The appropriate minimum rate per
acre will be applied to the whole
(rounded up) acreage. The bonus bid
amount must be greater than or equal to
the minimum bonus bid, as calculated
and stated in the Final NOS package.
IX. Forms
The Final NOS package includes
instructions, samples, and/or the
preferred format for the items listed
below. BOEM strongly encourages
bidders to use the recommended
formats. If bidders use another format,
they are responsible for including all the
information specified for each item in
the Final NOS package.
VerDate Sep<11>2014
17:00 Oct 05, 2023
Jkt 262001
(1) Bid Form
(2) Sample Completed Bid
(3) Sample Bid Envelope
(4) Sample Bid Mailing Envelope
(5) Telephone Numbers/Addresses of
Bidders Form
(6) GDIS Form
(7) GDIS Envelope Form
X. The Lease Sale
Bid Opening and Reading
Sealed bids received in response to
the Final NOS will be opened at the
place, date, and hour specified under
the DATES and ADDRESSES sections of the
Final NOS. The venue will not be open
to the public. Instead, the bid opening
will be available for the public to view
on BOEM’s website at https://
www.boem.gov via live streaming. The
opening of the bids is for the sole
purpose of publicly announcing and
recording the bids received; no bids will
be accepted or rejected at that time.
Bonus Bid Deposit for Apparent High
Bids
Each bidder submitting an apparent
high bid must submit a bonus bid
deposit to ONRR equal to one-fifth of
the bonus bid amount for each such bid.
A copy of the notification of the high
bidder’s one-fifth bonus bid amount can
be obtained on the BOEM website at
https://www.boem.gov/Sale-261/ under
the heading ‘‘Notification of EFT 1⁄5
Bonus Liability’’ after 1:00 p.m. on the
day of the sale. All payments must be
electronically deposited into an interestbearing account in the U.S. Treasury by
1:00 p.m. Eastern Time the day
following the bid reading (no
exceptions). Account information is
provided in the ‘‘Instructions for
Making Electronic Funds Transfer
Bonus Payments’’ found on the BOEM
website identified above.
Bidders must submit payment to their
financial institution as soon as possible
on the day of bid reading and no later
than 7:00 p.m. Eastern Time on the day
of bid reading. This will help ensure
that deposits have time to process
through the U.S. Treasury and post to
ONRR. ONRR cannot confirm payment
until the monies have been moved into
settlement status by the U.S. Treasury.
BOEM requires bidders to use EFT
procedures for payment of one-fifth
bonus bid deposits for GOM Lease Sale
261, following the detailed instructions
contained on the ONRR Payment
Information web page at https://
www.onrr.gov/paying. Acceptance of a
deposit does not constitute, and will not
be construed as, acceptance of any bid
on behalf of the United States.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
Withdrawal of Blocks
The United States reserves the right to
withdraw any block from this lease sale
prior to issuance of a written acceptance
of a bid for the block.
Acceptance, Rejection, or Return of Bids
The United States reserves the right to
reject any and all bids, regardless of the
amount offered. Furthermore, no bid
will be accepted, and no lease for any
block will be awarded to any bidder,
unless:
(1) The bidder has complied with all
applicable regulations and requirements
of the Final NOS, including those set
forth in the documents contained in the
Final NOS package;
(2) The bid is the highest valid bid;
and
(3) The amount of the bid has been
determined to be adequate by the
authorized officer.
Any bid submitted that does not
conform to the requirements of the Final
NOS, OCSLA, or other applicable
statutes or regulations will be rejected
and returned to the bidder. The U.S.
Department of Justice and the Federal
Trade Commission will review the
results of the lease sale for any antitrust
issues prior to the acceptance of bids
and issuance of leases.
Bid Adequacy Review Procedures for
GOM Lease Sale 261
To ensure that the U.S. Government
receives fair market value for the
conveyance of leases from this sale,
BOEM will evaluate high bids in
accordance with the bid adequacy
procedures that are effective on the date
of the sale. The bid adequacy
procedures are available on BOEM’s
website at https://www.boem.gov/oilgas-energy/leasing/bid-adequacyprocedures.
Lease Award
Leases issued as a result of GOM
Lease Sale 261 are expressly limited to
oil and gas exploration and
development. As noted in Section 19 of
the lease form, all rights in the leased
area not expressly granted to the Lessee
by the Act, the regulations, or this lease
are hereby reserved to the Lessor.
BOEM requires each bidder that is
awarded a lease to complete the
following:
(1) Execute all copies of the lease
(Form BOEM–2005 [February 2017], as
amended);
(2) Pay by EFT the balance of the
bonus bid amount and the first year’s
rental for each lease issued in
accordance with the requirements of 30
CFR 1218.155 and 556.520(a); and
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Notices
(3) Satisfy the bonding requirements
of 30 CFR part 556, subpart I, as
amended.
ONRR requests that bidders use only
one transaction for payment of the
balance of the bonus bid amount and
the first year’s rental. Once ONRR
receives such payment, the bidder
awarded the lease may not request a
refund of the balance of the bonus bid
amount or first year’s rental payment.
XI. Delay of Sale
The BOEM GOM RD has the
discretion to change any date, time,
and/or location specified in the Final
NOS package if the RD deems that an
emergent event could interfere with a
fair and orderly lease sale. Such events
could include, but are not limited to,
natural disasters (e.g., earthquakes,
hurricanes, floods), wars, riots, acts of
terrorism, fires, strikes, civil disorder, or
other events of a similar nature.
Furthermore, the RD may change the
date, time, and/or location of the lease
sale to comply with court orders. In case
of such events, bidders should call (504)
736–0557 or access the BOEM website
at https://www.boem.gov/ for
information regarding any changes.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management, Department of the
Interior.
The action taken herein is pursuant to an
existing delegation of authority.
[FR Doc. 2023–22316 Filed 10–5–23; 8:45 am]
BILLING CODE 4310–98–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1330]
Notice of Request for Submissions on
the Public Interest; Certain Audio
Players and Components Thereof (II)
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that on
September 15, 2023, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination on Violation of
section 337. The ALJ also issued a
Recommended Determination on
remedy and bonding should a violation
be found in the above-captioned
investigation. The Commission is
soliciting submissions on public interest
issues raised by the recommended relief
should the Commission find a violation.
This notice is soliciting comments from
the public and interested government
agencies only.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:00 Oct 05, 2023
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that, if the Commission finds a
violation, it shall exclude the articles
concerned from the United States
unless, after considering the effect of
such exclusion upon the public health
and welfare, competitive conditions in
the United States economy, the
production of like or directly
competitive articles in the United
States, and United States consumers, it
finds that such articles should not be
excluded from entry. (19 U.S.C.
1337(d)(1)). A similar provision applies
to cease and desist orders. (19 U.S.C.
1337(f)(1)).
The Commission is soliciting
submissions on public interest issues
raised by the recommended relief
should the Commission find a violation,
specifically: a limited exclusion order
directed to certain audio players and
components thereof imported, sold for
importation, and/or sold after
importation by respondent Sonos, Inc.;
and cease and desist orders directed to
Sonos, Inc. Parties are to file public
interest submissions pursuant to 19 CFR
210.50(a)(4).
The Commission is interested in
further development of the record on
the public interest in this investigation.
Accordingly, members of the public and
interested government agencies are
invited to file submissions of no more
than five (5) pages, inclusive of
attachments, concerning the public
interest in light of the ALJ’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on September 15, 2023.
Comments should address whether
issuance of the recommended remedial
orders in this investigation, should the
Commission find a violation, would
affect the public health and welfare in
the United States, competitive
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
69669
conditions in the United States
economy, the production of like or
directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) explain how the articles potentially
subject to the recommended remedial
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or thirdparty suppliers have the capacity to
replace the volume of articles
potentially subject to the recommended
orders within a commercially
reasonable time; and
(v) explain how the recommended
orders would impact consumers in the
United States.
Written submissions must be filed no
later than by close of business on
November 1, 2023.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1330’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. Any non-party
wishing to submit comments containing
confidential information must serve
those comments on the parties to the
investigation pursuant to the applicable
Administrative Protective Order. A
redacted non-confidential version of the
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69660-69669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22316]
[[Page 69660]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2023-0013]
Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 261
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Revised final notice of sale.
-----------------------------------------------------------------------
SUMMARY: On Wednesday, November 8, 2023, the Bureau of Ocean Energy
Management (BOEM) will open and publicly announce bids received for
blocks offered in the Gulf of Mexico (GOM) Outer Continental Shelf
(OCS) Oil and Gas Lease Sale 261 (GOM Lease Sale 261), in accordance
with the Outer Continental Shelf Lands Act (OCSLA), as amended, and its
implementing regulations. This revised GOM Lease Sale 261 Final Notice
of Sale (Final NOS) package contains information essential to potential
bidders and comprises this notice, Information to Lessees, and Lease
Stipulations.
DATES: BOEM will hold GOM Lease Sale 261 at 9:00 a.m. on Wednesday,
November 8, 2023. All times referred to in this document are Central
time, unless otherwise specified.
Bid submission deadline: BOEM must receive all sealed bids prior to
the Bid Submission Deadline of 10:00 a.m. on Tuesday, November 7, 2023,
the day before the lease sale. For more information on bid submission,
see Section VII of this document, ``Bidding Instructions.''
ADDRESSES: Bids will be accepted by MAIL ONLY through any parcel
delivery service (e.g., FedEx, UPS, U.S. Postal Service, DHL), prior to
the bid submission deadline, at 1201 Elmwood Park Boulevard, New
Orleans, Louisiana, 70123. Public bid reading for GOM Lease Sale 261
will be held at 1201 Elmwood Park Boulevard, New Orleans, Louisiana.
The venue will not be open to the general public, media, or industry
during bid opening or reading. Bid opening will be available for public
viewing on BOEM's website at https://www.boem.gov/Sale-261/ via live-
streaming video beginning at 9:00 a.m. on the date of the sale. The
results will be posted on BOEM's website upon completion of bid opening
and reading. Interested parties may download the Final NOS package from
BOEM's website at https://www.boem.gov/Sale-261/. Copies of the sale
maps can be obtained by contacting the BOEM GOM Region: Gulf of Mexico
Region Public Information Office, Bureau of Ocean Energy Management,
1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, (504)
736-2519 or (800) 200-GULF.
FOR FURTHER INFORMATION CONTACT: The New Orleans Office Lease Sale
Coordinator, Greg Purvis, at [email protected] or 504-736-
1729.
SUPPLEMENTARY INFORMATION: The Inflation Reduction Act of 2022 (IRA)
directed BOEM to hold GOM Lease Sale 261 by September 30, 2023. On
August 25, 2023, BOEM published in the Federal Register the Final NOS
for Lease Sale 261, which originally scheduled GOM Lease Sale 261 for
September 27, 2023, in compliance with the IRA. See 88 FR 58310.\1\ Two
lawsuits then challenged the Final NOS in the U.S. District Court for
the Western District of Louisiana. To implement the Memorandum Order
\2\ issued by the U.S. District Court for the Western District of
Louisiana on September 21, 2023 (Case No. 2:23-CV-01157), and a
subsequent order \3\ issued by the U.S. Court of Appeals for the Fifth
Circuit on September 26, 2023 (Case No. 23-30666), BOEM is rescheduling
the sale, revising the sale area to include the blocks that were the
subject of the courts' orders, modifying the Lease Stipulations to
remove the protected species language that was the subject of the
courts' orders, updating the Information to Lessees, publishing a
revised List of Available Blocks, and publishing new maps related to
the sale. The FNOS makes no further changes to the FNOS published on
August 25, 2023. This revised Final NOS and associated documents
provide notice to the public and potential bidders of the updated
timing, process, and terms for Lease Sale 261.
---------------------------------------------------------------------------
\1\ https://www.federalregister.gov/documents/2023/08/25/2023-18342/gulf-of-mexico-outer-continental-shelf-oil-and-gas-lease-sale-261.
\2\ https://www.courtlistener.com/docket/67727401/82/state-of-louisiana-v-haaland/.
\3\ https://www.boem.gov/sites/default/files/documents/oil-gas-energy/leasing/23-30666_order.pdf.
---------------------------------------------------------------------------
BOEM is also advising bidders that Lease Sale 261 remains in active
litigation in the U.S. District Court of the Western District of
Louisiana and the U.S Court of Appeals in the Fifth Circuit. It is
possible that BOEM could be ordered to modify the schedule, sale area
and terms of the sale through additional orders from these or other
courts. BOEM would announce any such orders and changes to the sale on
its website at https://www.boem.gov/Sale-261/.
Authority: This revised notice of sale is published pursuant to 43
U.S.C. 1331 et seq. (Outer Continental Shelf Lands Act, as amended) and
30 CFR 556.308(a).
Table of Contents
I. Lease Sale Area
II. Statutes and Regulations
III. Lease Terms and Economic Conditions
IV. Lease Stipulations
V. Information to Lessees
VI. Maps
VII. Bidding Instructions
VIII. Bidding Rules and Restrictions
IX. Forms
X. The Lease Sale
XI. Delay of Sale
I. Lease Sale Area
Blocks Offered for Leasing: BOEM will offer for bid in this lease
sale all of the available unleased acreage in the GOM OCS as identified
on the map, ``Final Notice of Sale, Gulf of Mexico OCS Oil and Gas
Lease Sale 261, November 2023, Final Sale Area'' (https://www.boem.gov/Sale-261/), except those blocks listed below in ``Blocks Not Offered
for Leasing.'' Please note that, in compliance with the court orders
mentioned above, the expanded Rice's whale area (whole and partial
blocks between the 100 meter (m) and 400 m isobaths across the northern
GOM OCS, eastward from the Mexican border with Texas and westward from
the eastern edge of the Central Planning Area) that was previously
excluded from the sale is now included in Lease Sale 261, unless such
blocks are otherwise subject to a separate exclusion not addressed by
the District Court and listed below.
Blocks Not Offered for Leasing: BOEM will exclude the following
whole and partial blocks from this sale. The BOEM Official Protraction
Diagrams (OPDs) and Supplemental OPDs are available online at https://www.boem.gov/oil-gas-energy/mapping-and-data.
Whole and Partial Blocks withdrawn from leasing by
Presidential Withdrawal in the September 8, 2020, Memorandum on the
Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition:
[[Page 69661]]
------------------------------------------------------------------------
GOM protraction areas Block
------------------------------------------------------------------------
Pensacola (Leasing Map NH 16-05).. Whole Blocks: 751-754, 793-798, 837-
842, 881-886, 925-930, 969-975.
Destin Dome (Leasing Map NH 16-08) Whole Blocks: 1-7, 45-51, 89-96, 133-
140, 177-184, 221-228, 265-273, 309-
317, 353-361, 397-405, 441-450, 485-
494, 529-538, 573-582, 617-627, 661-
671, 705-715, 749-759, 793-804, 837-
848, 881-892, 925-936, 969-981.
DeSoto Canyon (Leasing Map NH 16- Whole Blocks: 1-15, 45-59, 92-102.
11). Partial Blocks: 16, 60, 61, 89-91,
103-105, 135-147.
Henderson (Leasing Map NG 16-05).. Partial Blocks: 114, 158, 202, 246,
290, 334, 335, 378, 379, 422, 423.
------------------------------------------------------------------------
Whole and Partial Blocks within the boundary of the Flower
Garden Banks National Marine Sanctuary (East and West Flower Garden
Banks and the Stetson Bank) as of the July 14, 2008, Memorandum on
Modification of the Withdrawal of Areas of United States Outer
Continental Shelf from Leasing Disposition:
------------------------------------------------------------------------
GOM protraction areas Block
------------------------------------------------------------------------
High Island, East Addition, South Whole Block: A-398.
Extension (Leasing Map TX7C). Partial Blocks: A-366, A-367, A-374,
A-375, A-383, A-384, A-385, A-388,
A-389, A-397, A-399, A-401.
High Island, South Addition Partial Blocks: A-502, A-513.
(Leasing Map TX7B).
------------------------------------------------------------------------
Whole and Partial Blocks that are adjacent to or beyond
the U.S. Exclusive Economic Zone in the area known as the northern
portion of the Eastern Gap:
------------------------------------------------------------------------
GOM protraction areas Block
------------------------------------------------------------------------
Lund South (Leasing Map NG 16-07). Whole Blocks: 128, 129, 169--173,
208-217, 248-261, 293-305, 349.
Henderson (Leasing Map NG 16-05).. Whole Blocks: 466, 508-510, 551-554,
594-599, 637-643, 679-687, 722-731,
764-775, 807-819, 849-862, 891-905,
933-949, 975-992.
Partial Blocks: 335, 379, 423, 467,
511, 555, 556, 600, 644, 688, 732,
776, 777, 820, 821, 863, 864, 906,
907, 950, 993, 994.
Florida Plain (Leasing Map NG 16- Whole Blocks: 5-24, 46-67, 89-110,
08). 133-154, 177-197, 221-240, 265-283,
309-327, 363-370.
------------------------------------------------------------------------
Depth-restricted, segregated block portion(s). The current
block meeting this criterion is: Block 299, Main Pass Area, South and
East Addition (as shown on Louisiana Leasing Map LA10A), containing
1,125 acres from the surface of the earth down to a subsea depth of
1,900 feet with respect to the following described portions:
SW\1/4\NE\1/4\; NW\1/4\SE\1/4\NE\1/4\; W\1/2\NE\1/4\SE\1/4\NE\1/4\;
S\1/2\S\1/2\NW\1/4\NE\1/4\; S\1/2\SW\1/4\NE\1/4\NE\1/4\; S\1/2\SW\1/
4\SE\1/4\NE\1/4\NE\1/4\; N\1/2\SW\1/4\SE\1/4\ NE\1/4\; SW\1/4\SW\1/
4\SE\1/4\NE\1/4\; NW\1/4\SE\1/4\ SE\1/4\ NE\1/4\; N\1/2\NW\1/4\SW\1/
4\SE\1/4\SE\1/4\NE\1/4\; N\1/2\SE\1/4\SW\1/4\SE\1/4\NE\1/4\; N\1/
2\S\1/2\SE\1/4\SW\1/4\SE\1/4\NE\1/4\; S\1/2\NE\1/4\NW\1/4\; S\1/
2\S\1/2\N\1/2\NE\1/4\NW\1/4\; N\1/2\SE\1/4\NW\1/4\;S\1/2\SE\1/
4\NW\1/4\NW\1/4\; NE\1/4\SE\1/4\ NW\1/4\NW\1/4\; E\1/2\NE\1/4\SW\1/
4\NW\1/4\; N\1/2\SE\1/4\SE\1/4\NW\1/4\; NE\1/4\SW\1/4\SE\1/4\NW\1/
4\; N\1/2\NW\1/4\SW\1/4\SE\1/4\NW\1/4\; SE\1/4\SE\1/4\SE\1/4\NW\1/
4\; E\1/2\SW\1/4\SE\1/4\SE\1/4\NW\1/4\; N\1/2\NW\1/4\NE\1/4\SW\1/
4\NW\1/4\; N\1/2\S\1/2\NW\1/4\NE\1/4\SW\1/4\NW\1/4\; N\1/2\N\1/
2\NE\1/4\NE\1/4\NE\1/4\SW\1/4\; N\1/2\N\1/2\N\1/2\NW\1/4\NW\1/
4\SE\1/4\; N\1/2\N\1/2\NW\1/4\NE\1/4\NW\1/4\SE\1/4\
Whole and Partial Blocks that were previously subject to
the Blocks South of Baldwin County, Alabama, Stipulation:
------------------------------------------------------------------------
GOM protraction areas Blocks
------------------------------------------------------------------------
Mobile (Leasing Map NH16-04)...... 826-830, 869-874, 913-918, 957-962,
1001-1006.
Viosca Knoll (Leasing Map NH 16- 33-35.
07).
------------------------------------------------------------------------
Whole and Partial Blocks that were previously subject to
the Topographic Features Stipulation:
------------------------------------------------------------------------
GOM protraction area Blocks
------------------------------------------------------------------------
East Breaks (Leasing Map NG 15-01) 121-124, 165-168, 173, 217.
East Cameron Area (Leasing Map 361-363, 377-379.
LA2).
Eugene Island Area (Leasing Map 335, 355-356, 381-383, 390-391, 397.
LA4).
Ewing Bank (Leasing Map NH 15-12). 903, 932-933, 944-945, 947, 975-977
Garden Banks (Leasing Map NG 15- 26-31, 33, 61-63, 70-77, 81-85, 95-
02). 98, 102-110, 119-121, 126-128, 133-
136, 138-146, 148-155, 177-180, 192-
198, 237-239.
Green Canyon (Leasing Map NG 15- 4-7, 49-50, 90.
03).
High Island Area, East Addition A311-312, A 327-A 332, A 340, A 346-
(Leasing Map TX7A). A403, A446-A448, A463-A465, A486-
A488, A501-A503, A512-A514, A527-
A529, A534-A535, A573, A578-A580,
A589-A591, A596.
[[Page 69662]]
Mississippi Canyon (Leasing Map NH 316.
16-10).
Mustang Island Area (Leasing Map A3-4, A9, A16, A54, A61-A62, A86-
TX3). A87, A95, A117-A118, A136-A137.
North Padre Island Area (Leasing PN A30-A31, A40-A41, A72, A83-A84.
Map TX2).
South Marsh Island Area, North 161-163, 169-173, 176-180, 185-188,
Addition (Leasing Map LA3D). 193-197, 200-204.
Ship Shoal Area (Leasing Map LA5). 325-329, 334-339, 348-353, 356-359.
South Timbalier Area (Leasing Map 314-317.
LA6).
Vermilion Area (Leasing Map LA3).. 284-286, 297-300, 303-306, 317-320,
361-363, 369-372, 382-396, 403-412.
West Cameron Area (Leasing Map 569-570, 589-592, 611-614, 633-638,
LA1). 645-646, 648-663.
West Delta Area (Leasing Map LA8). 147-148.
------------------------------------------------------------------------
Whole blocks that contain banks that are adjacent to
blocks previously included in the Topographic Features Stipulation:
------------------------------------------------------------------------
GOM protraction area Blocks
------------------------------------------------------------------------
Garden Banks (Leasing Map NG 15- 181.
02).
------------------------------------------------------------------------
Whole and Partial Blocks that were previously subject to
the Live Bottom (Pinnacle Trend) Stipulation:
------------------------------------------------------------------------
GOM protraction area Blocks
------------------------------------------------------------------------
Main Pass Area, South and East 190, 194, 198, 219-226, 244-266, 276-
Addition (Leasing Map LA10A). 290.
Viosca Knoll (Leasing Map NH 16- 473-476, 521-522, 564-566, 610, 654,
07). 692-698, 734, 778.
------------------------------------------------------------------------
Whole and partial blocks identified as either Wind Energy
Area Options (Areas A, B, C, D, E, F, G, H, J, K, L, and N) or final
Wind Energy Areas (Areas I and M):
------------------------------------------------------------------------
GOM protraction area Blocks
------------------------------------------------------------------------
Brazos Area (Leasing Map TX5)..... 430, 457-459, 466-468, 572-575, 580-
584, 609-614, A22, A28-A29, A3, A30-
A35, A42-A43.
Brazos Area, South Addition A102-A105, A46-A48, A55-A58, A60-
(Leasing Map TX5B). A61, A73-A74.
East Cameron Area (Leasing Map 96-106, 113-124.
LA2).
Galveston Area (Leasing Map TX6).. 237, 258-259, 265-268, 286-291, 293-
299, 317-327, 350-356, 386-387, 427-
429, 460-462, 464-465, A1-A9, A10-
A35, A40-A49, A62-A77, A84-A86, A91-
A94, A97-A99, A103-A105, A110-A113.
Galveston Area, South Addition A114-A119, A138-A139, A140-A148,
(Leasing Map TX6A). A169-A174, A203.
High Island Area (Leasing Map TX7) 235-236, 260-261, 263-264, 292, A2-
A4, A11-A15, A27-A31, A62-A64, A66-
A68, A70-A90, A92-A99, A100-A111,
A113-A116, A118-A142, A144-A152,
A156-A163, A165-A166.
High Island Area, East Addition A170-A174, A177-A182, A187-A193,
(Leasing Map TX7A). A195-A199, A202-A209, A211-A213,
A216-217, A220-A228, A233-A241,
A250-A251.
High Island Area, South Addition A404-A405, A408-A413, A420-A425,
(Leasing Map TX7B). A428-A431, A434-A439, A454-A457,
A480-A481.
Matagorda Island Area (Leasing Map 639-642, 646-649, 673-678, A1, A3,
TX4). A4.
Mustang Island Area (Leasing Map 803-804, 810-812, 826-828, 832-834,
TX3). 847-849, 853-854.
South Padre Island Area, East 1078, 1097-1098, 1117-1119, A35-A36,
Addition (Leasing Map TX1A). A46-A52, A59-A64.
West Cameron Area (Leasing Map 188-190, 195-196, 205-213, 224-230,
LA1). 241-245, 256.
West Cameron Area, West Addition 302-303, 314-318, 328-334, 343-352,
(Leasing Map LA1A). 359-360, 362-364, 372-379, 393-396,
398-400.
------------------------------------------------------------------------
Whole and Partial BOEM-designated Significant Sediment
Resource Area Blocks:
[[Page 69663]]
------------------------------------------------------------------------
GOM protraction area Blocks
------------------------------------------------------------------------
Bay Marchand Area (Leasing Map 2-5.
LA6C).
Breton Sound Area (Leasing Map 24, 25, 39, 41-44, 53-56.
LA10B).
Chandeleur Area (Leasing Map LA11) 1, 4, 5, 8, 16, 28, 30-34.
Eugene Island Area (Leasing Map 10, 18-35, 37-96, 111, 112.
LA4).
Galveston Area (Leasing Map TX6).. 265, 290, 291, 293, 294, 295, 322.
Galveston Area, South Addition 1A, 2A, 3A, 4A, 5A.
(Leasing Map TX6A).
Grand Isle Area (Leasing Map LA7). 15, 25.
High Island Area (Leasing Map TX7) 19-21, 35-39, 45-49, 60-65, 69-76,
83-91, 111-119, 131-137, 158-164,
171-175, 196-205, 230-234, 261-264,
292, A6-A10, A16-A22, A37-A42, A60-
A65.
High Island Area, East Addition 6, 10, 38-42, 45, 46, 60-65, 74-76,
(Leasing Map TX7A). 83, 84, 85.
Mobile (Leasing Map NH 16-04)..... 765-767, 778, 779, 809-824, 826-830,
853-874, 897-918, 942, 946, 947,
954-962, 991, 999-1006.
Main Pass Area (Leasing Map LA10). 6, 39-44, 58-60, 86-90, 92-120, 125-
129, 139.
Main Pass, South and East Addition 161, 162, 180, 181.
(Leasing Map LA10A).
South Pelto Area (Leasing Map 1-20, 23-25.
LA6B).
Sabine Pass Area (LA) (Leasing Map 8-16.
LA12).
South Marsh Island Area, North 207-237, 241-249, 259-261, 267, 268.
Addition (Leasing Map LA3D).
Ship Shoal Area (Leasing Map LA5). 24-26, 37, 38, 63-75, 84-100, 107-
114, 119, 120.
South Timbalier Area (Leasing Map 9-11, 16-18, 34, 51, 52, 54, 55, 66,
LA6). 67, 72.
Sabine Pass Area (TX) (Leasing Map 9, 17, 18, 40, 44.
TX8).
Viosca Knoll (Leasing Map NH 16- 23, 34-38, 67, 78-82, 111, 155.
07).
Vermilion Area (Leasing Map LA3).. 11, 30, 49, 51-54, 68-77, 86-96, 108-
111.
West Cameron Area (Leasing Map 20-22, 41-45, 56-60, 78-83, 90-95,
LA1). 113-118, 128-134, 146-150, 153-157,
160, 161, 162, 168-172, 181.
West Cameron Area, West Addition 154-157, 160-162, 287.
(Leasing Map LA1A).
West Delta Area (Leasing Map LA8). 20-31, 32, 43-50, 56-61.
------------------------------------------------------------------------
The final list of blocks available for bid is posted on BOEM's
website at https://www.boem.gov/Sale-261/ under the Final NOS tab.
II. Statutes and Regulations
Each lease is issued pursuant to OCSLA, 43 U.S.C. 1331 et seq., as
amended, and is subject to OCSLA implementing regulations promulgated
pursuant thereto in 30 CFR part 556, and other applicable statutes and
regulations in existence upon the effective date of the lease, as well
as those applicable statutes enacted and regulations promulgated
thereafter, except to the extent that the after-enacted statutes and
regulations explicitly conflict with an express provision of the lease.
Each lease is subject to amendments to statutes and regulations,
including but not limited to OCSLA, that do not explicitly conflict
with an express provision of the lease. The lessee expressly bears the
risk that such new or amended statutes and regulations (i.e., those
that do not explicitly conflict with an express provision of the lease)
may increase or decrease the lessee's obligations under the lease.
BOEM reserves the right to reject any and all bids received,
regardless of the amount offered (see 30 CFR 556.516).
III. Lease Terms and Economic Conditions
OCS Lease Form
BOEM will use Form BOEM-2005 (February 2017) to convey leases
resulting from this sale. This lease form can be viewed on BOEM's
website at https://www.boem.gov/BOEM-2005. The lease form will be
amended to include specific terms, conditions, and stipulations
applicable to the individual lease. The final terms, conditions, and
stipulations applicable to this sale are below.
Primary Terms
Primary terms are summarized in the following table:
------------------------------------------------------------------------
Water depth (meters) Primary term
------------------------------------------------------------------------
0 to <400......................... The primary term is 5 years; the
lessee may earn an additional 3
years (i.e., for an 8-year extended
primary term) if a well is spudded
targeting hydrocarbons below 25,000
feet True Vertical Depth Subsea
(TVDSS) during the first 5 years of
the lease.
400 to <800....................... The primary term is 5 years; the
lessee will earn an additional 3
years (i.e., for an 8-year extended
primary term) if a well is spudded
during the first 5 years of the
lease.
800+.............................. 10 years.
------------------------------------------------------------------------
(1) The primary term for a lease in water depths less than 400
meters issued as a result of this sale is 5 years. If the lessee spuds
a well targeting hydrocarbons below 25,000 feet TVDSS within the first
5 years of the lease, then the lessee may earn an additional 3 years,
resulting in an 8-year primary term. The lessee will earn the 8-year
primary term when the well is drilled to a target below 25,000 feet
TVDSS; or the lessee may earn the 8-year primary term in cases where
the well targets, but does not reach, a depth below 25,000 feet TVDSS
due to mechanical or safety
[[Page 69664]]
reasons that are beyond the lessee's control, and that are supported by
sufficient evidence from the lessee. To earn the 8-year primary term,
the lessee is required to submit a letter to the BOEM GOM Regional
Supervisor, Office of Leasing and Plans, as soon as practicable, but no
more than 30 days after completion of the drilling operation, providing
the well number, spud date, information demonstrating a target below
25,000 feet TVDSS and whether that target was reached, and if
applicable, any safety or mechanical reasons encountered that prevented
the well from reaching a depth below 25,000 feet TVDSS. In the letter,
the lessee must request confirmation from BOEM that the lessee earned
the 8-year primary term. The BOEM GOM Regional Supervisor for Leasing
and Plans will confirm in writing, within 30 days of receiving the
lessee's letter, whether the lessee has earned the extended primary
term and accordingly update BOEM's records. The extended primary term
is not effective unless and until the lessee receives confirmation from
BOEM. A lessee that has earned the 8-year primary term by spudding a
well with a hydrocarbon target below 25,000 feet TVDSS during the
standard 5-year primary term of the lease will not be granted a
suspension for that same period under the regulations at 30 CFR 250.175
because the lease is not at risk of expiring.
(2) The primary term for a lease in water depths ranging from 400
to less than 800 meters issued as a result of this sale is 5 years. If
the lessee spuds a well within the 5-year primary term of the lease,
the lessee may earn an additional 3 years, resulting in an 8-year
primary term. To earn the 8-year primary term, the lessee is required
to submit a letter to the BOEM GOM Regional Supervisor, Office of
Leasing and Plans, as soon as practicable, but no more than 30 days
after spudding a well, providing the well number and spud date, and
requesting confirmation from BOEM that the lessee earned the 8-year
extended primary term. Within 30 days of receipt of the request, the
BOEM GOM Regional Supervisor for Leasing and Plans will provide written
confirmation of whether the lessee has earned the extended primary term
and accordingly update BOEM's records. The extended primary term is not
effective unless and until the lessee receives confirmation from BOEM.
(3) The primary term for a lease in water depths 800 meters or
deeper issued as a result of this sale is 10 years.
Minimum Bonus Bid Amounts
BOEM will not accept a bonus bid unless it provides for a cash
bonus in an amount equal to or exceeding the specified minimum bid, as
described below.
$25 per acre or fraction thereof for blocks in water
depths less than 400 meters; and
$100 per acre or fraction thereof for blocks in water
depths 400 meters or deeper.
Rental Rates
Annual rental rates, per acre or fraction thereof, are summarized
in the following table:
----------------------------------------------------------------------------------------------------------------
Water Depth (meters) Years 1-5 Year 6 Year 7 Year 8+
----------------------------------------------------------------------------------------------------------------
0 to <200....................................... $10 $20 $30 $40
200 to <400..................................... 16 32 48 64
400+............................................ 16 22 22 22
----------------------------------------------------------------------------------------------------------------
Escalating Rental Rates for Leases With an 8-Year Primary Term in Water
Depths Less Than 400 Meters
Any lessee with a lease in less than 400 meters water depth who
earns an 8-year primary term will pay an escalating rental rate as
shown above. The rental rates after the fifth year for blocks in less
than 400 meters water depth will become fixed and no longer escalate if
another well is spudded targeting hydrocarbons below 25,000 feet TVDSS
after the fifth year of the lease, and BOEM concurs that such a well
has been spudded. In this case, the rental rate will become fixed at
the rental rate in effect during the lease year in which the additional
well was spudded.
Royalty Rate
18\3/4\ percent for all leases.
Minimum Royalty Rate
$10 per acre or fraction thereof per year for blocks in
water depths less than 200 meters; and
$16 per acre or fraction thereof per year for blocks in
water depths 200 meters or deeper.
Royalty Suspension Provisions
The Department may issue leases with Royalty Suspension Volumes
(RSVs) and other forms of royalty relief under 30 CFR part 560, which
BOEM administers. The specific details relating to eligibility and
implementation of RSVs and other royalty relief programs are found at
30 CFR part 203, which the Bureau of Safety and Environmental
Enforcement administers. In this sale, the only royalty relief program
being offered involves RSVs for the drilling of ultra-deep wells in
water depths of less than 400 meters, as described in the following
section.
Royalty Suspension Volumes on Gas Production From Ultra-deep Wells
Pursuant to 30 CFR part 203, certain leases issued as a result of
this sale may be eligible for RSV incentives on gas produced from
ultra-deep wells. Under this program, wells on leases in less than 400
meters water depth and completed to a drilling depth of 20,000 feet
TVDSS or deeper receive an RSV of 35 billion cubic feet on the
production of natural gas. This RSV incentive is subject to applicable
price thresholds set forth in the regulations at 30 CFR part 203. These
regulations implement the requirements of the Energy Policy Act of 2005
(Pub. L. 109-58, 119 Stat. 594 (2005)).
IV. Lease Stipulations
On September 21, 2023, the U.S. District Court for the Western
District of Louisiana issued an order \4\ requiring BOEM to modify, for
purposes of this sale, the version of Stipulation No. 4 originally
published in the August 2023, Final NOS package. To comply with this
order, Stipulation No. 4 no longer contains the enhanced protection
measures for the Rice's whale that previously appeared under paragraph
(B)(4). BOEM has published a revised Lease Stipulations document for
this sale on its website, available at https://www.boem.gov/Sale-261/.
---------------------------------------------------------------------------
\4\ https://www.courtlistener.com/docket/67727401/82/state-of-louisiana-v-haaland/.
---------------------------------------------------------------------------
One or more of the stipulations below may be applied to leases
issued as a result of this sale. The applicable blocks for each
stipulation are identified on the map ``Final Notice of Sale, Gulf of
Mexico OCS Oil and Gas Lease Sale 261, November 2023, Stipulations and
Deferred Blocks'' included in the Final
[[Page 69665]]
NOS package. The full text of the following stipulations is contained
in the ``Lease Stipulations'' section of the Final NOS package. BOEM
has posted the final list of blocks available for bid and the
applicable stipulations that apply to those blocks on its website at
---------------------------------------------------------------------------
https://www.boem.gov/Sale-261/ under the Final NOS tab.
(1) Military Areas
(2) Evacuation
(3) Coordination
(4) Protected Species
(5) United Nations Convention on the Law of the Sea Royalty Payment
(6) Agreement Between the United States of America and the United
Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the
Gulf of Mexico
(7) Restrictions due to Rights-of-Use and Easement for Floating
Production Facilities
(8) Royalties on All Produced Gas
V. Information to Lessees
Information to Lessees (ITLs) provide detailed information on
certain issues pertaining to specific oil and gas lease sales. The full
text of the ITLs for this sale is contained in the ``Information to
Lessees'' section of the Final NOS package and covers the following
topics.
(1) Navigation Safety
(2) Ordnance Disposal Areas
(3) Existing and Proposed Artificial Reefs/Rigs-to-Reefs
(4) Lightering Zones
(5) Indicated Hydrocarbons List
(6) Military Areas
(7) Bureau of Safety and Environmental Enforcement Inspection and
Enforcement of Certain U.S. Coast Guard Regulations
(8) Significant Outer Continental Shelf Sediment Resource Areas
(9) Notice of Arrival on the Outer Continental Shelf
(10) Bidder/Lessee Notice of Obligations Related to Criminal/Civil
Charges and Offenses, Suspension, or Debarment; Disqualification Due to
a Conviction Under the Clean Air Act or the Clean Water Act
(11) Protected Species
(12) Expansion of the Flower Garden Banks National Marine Sanctuary
(13) Communication Towers
(14) Deepwater Port Applications (DWP) for Offshore Oil and Liquefied
Natural Gas Facilities
(15) Ocean Dredged Material Disposal Sites
(16) Rights-of-Use and Easement
(17) Industrial Waste Disposal Areas
(18) Gulf Islands National Seashore
(19) Air Quality Permit/Plan Approvals
(20) Provisions Pertaining to Certain Transactions by Foreign Persons
Involving Real Estate in the United States
(21) Inflation Reduction Act of 2022
VI. Maps
The maps pertaining to this lease sale can be viewed on BOEM's
website at https://www.boem.gov/Sale-261/. The following maps also are
included in the Final NOS package:
Sale Area Map
The sale area is shown on the map entitled, ``Final Notice of Sale,
Gulf of Mexico OCS Oil and Gas Lease Sale 261, November 2023, Final
Sale Area.''
Lease Terms and Economic Conditions Map
The lease terms and economic conditions associated with leases of
certain blocks are shown on the map entitled, ``Final Notice of Sale,
Gulf of Mexico Oil and Gas Lease Sale 261, November 2023, Lease Terms
and Economic Conditions.''
Stipulations and Deferred Blocks Map
The lease stipulations and the blocks to which they apply are shown
on the map entitled, ``Final Notice of Sale, Gulf of Mexico OCS Oil and
Gas Lease Sale 261, November 2023, Stipulations and Deferred Blocks.''
VII. Bidding Instructions
BOEM is returning, unopened, all bids submitted by bidders under
the previously issued Final NOS. Bidders wishing to participate in
Lease Sale 261 must submit new bids or resubmit their returned bids in
accordance with the terms and conditions contained in this revised
Final NOS.
Bids may be submitted BY MAIL ONLY through any parcel delivery
service (e.g., FedEx, UPS, USPS, DHL) at the address below in the
``Mailed Bids'' section. Bidders should be aware that BOEM has
eliminated in-person bidding for GOM Lease Sale 261. Instructions on
how to submit a bid, secure payment of the advance bonus bid deposit
(if applicable), and the information to be included with the bid are as
follows:
Bid Form
For each block bid upon, a separate sealed bid must be submitted in
a sealed envelope (as described below) and include the following items:
Total amount of the bid in whole dollars only;
Sale number;
Sale date;
Each bidder's exact name;
Each bidder's proportionate interest, stated as a
percentage, using a maximum of five decimal places (e.g., 33.33333
percent);
Typed name and title, and signature of each bidder's
authorized officer. Electronic signatures are acceptable. The typed
name, title, and signature must agree exactly with the name and title
on file in the BOEM Gulf of Mexico OCS Region Adjudication Section;
Each bidder's BOEM qualification number;
Map name and number or OPD name and number;
Block number; and
Statement acknowledging that the bidder(s) understands
that this bid legally binds the bidder(s) to comply with all applicable
regulations, including the requirement to post a deposit in the amount
of one-fifth of the bonus bid amount for any tract bid upon and make
payment of the balance of the bonus bid and first year's rental upon
BOEM's acceptance of high bids.
The information required for each bid is specified in the document
``Bid Form'' that is available in the Final NOS package, which can be
found at https://www.boem.gov/Sale-261/. A blank bid form is provided
in the Final NOS package for convenience and can be copied and
completed with the necessary information described above.
Bid Envelope
Each bid must be submitted in a separate sealed envelope labeled as
follows:
``Sealed Bid for GOM Lease Sale 261, not to be opened
until 9 a.m. Wednesday, November 8, 2023'';
Map name and number or OPD name and number;
Block number for block bid upon;
Acreage, if the bid is for a block that is split between
the Central and Eastern Planning Areas; and
The exact name and qualification number of the submitting
bidder only. The Final NOS package includes a sample bid envelope for
reference.
Mailed Bids
Please address the envelope containing the sealed bid envelope(s)
as follows: Attention: Leasing and Financial Responsibility Section,
BOEM New Orleans Office, 1201 Elmwood Park Boulevard MS-266A, New
Orleans, Louisiana 70123-2394, Contains Sealed Bids for GOM Lease Sale
261, Please Deliver to Mr. Greg Purvis, 2nd Floor, Immediately.
Please Note: Bidders are advised to inform BOEM by email at
[email protected] immediately after placing bid(s) in the
mail. This provides advance notice to BOEM regarding pending bids prior
to the bid submission deadline. In the email, please state the tracking
number
[[Page 69666]]
of the bid package, the number of bids being submitted, and the email
address of the person who should receive the bid receipt for signature.
If BOEM receives bids later than the bid submission deadline, the BOEM
GOM Regional Director (RD) will return those bids unopened to bidders.
Please see Section XI, ``Delay of Sale,'' regarding BOEM's discretion
to extend the Bid Submission Deadline in the case of an unexpected
event (e.g., flooding) and how bidders can obtain more information on
such extensions.
Advance Bonus Bid Deposit Guarantee
Bidders that are not currently an OCS oil and gas lease record
title holder or designated operator, or those that have ever defaulted
on a one-fifth bonus bid deposit, must guarantee (secure) the payment
of the one-fifth bonus bid deposit, by Electronic Funds Transfer (EFT)
or otherwise, prior to bid submission using one of the following four
methods:
Provide a third-party guarantee;
Amend a development stage area-wide bond via bond rider;
Provide a letter of credit; or
Provide a lump sum payment in advance via EFT.
Please provide, at the time of bid submittal, a confirmation or
tracking number for the payment, the name of the company submitting the
payment as it appears on the payment, and the date the payment was
submitted so that BOEM can confirm payment with the Office of Natural
Resources Revenue (ONRR). Bidders should submit payments to their
financial institution at least 5 business days prior to bid submittal
to ensure that the Office of Foreign Assets Control and the U.S.
Department of the Treasury (U.S. Treasury) have time to screen and
process payments and that payments are posted to ONRR prior to placing
the bid. ONRR cannot confirm payment until the monies have been moved
into settlement status by the U.S. Treasury. Bids will not be accepted
if BOEM cannot confirm payment with ONRR before 10:00 a.m. on Tuesday,
November 7, 2023.
If providing a third-party guarantee, amending a development stage
area-wide bond via bond rider, or providing a letter of credit to
secure your one-fifth bonus bid deposit, bidders are urged to file
these documents with BOEM well in advance of submitting the bid. This
allows processing time and ensures bidders have time to take any
necessary curative actions prior to bid submission. For more
information on EFT procedures, see Section X, ``The Lease Sale.''
Affirmative Action
Prior to bidding, each bidder should file the Equal Opportunity
Affirmative Action Representation Form BOEM-2032 (February 2020,
available on BOEM's website at https://www.boem.gov/BOEM-2032/) and
Equal Opportunity Compliance Report Certification Form BOEM-2033
(February 2020, available on BOEM's website at https://www.boem.gov/BOEM-2033/) with the BOEM GOM Adjudication Section. This certification
is required by 41 CFR part 60 and Executive Order (E.O.) 11246, issued
September 24, 1965, as amended by E.O. 11375, issued October 13, 1967,
and by E.O. 13672, issued July 21, 2014. Both forms must be on file for
the bidder(s) in the GOM Adjudication Section prior to the execution of
any lease contract.
Geophysical Data and Information Statement (GDIS)
The GDIS is composed of three parts:
(1) A ``Statement'' page that includes the company representatives'
information and separate lists of blocks bid on that used proprietary
data and those blocks bid upon that did not use proprietary data;
(2) A ``Table'' listing the required data about each proprietary
survey used (see below); and
(3) ``Maps'' that contain the live trace maps for each proprietary
survey that is identified in the GDIS statement and table.
Every bidder submitting a bid on a block in GOM Lease Sale 261 or
participating as a joint bidder in such a bid must submit at the time
of bid submission all three parts of the GDIS. A bidder must submit the
GDIS even if a joint bidder or bidders on a specific block also have
submitted a GDIS. Please specify on the outside of the GDIS envelope if
the information provided is for a joint bid, and if so, include the
block number and primary bidder (company submitting the bid). Any
speculative data that has been reprocessed externally or ``in-house''
is considered proprietary due to the proprietary processing and is no
longer considered to be speculative.
The bidder and joint bidder must submit the GDIS in a separate and
sealed envelope and must identify all proprietary data; reprocessed
speculative data, and/or any Controlled Source Electromagnetic surveys,
Amplitude Versus Offset (AVO) data, gravity data, and/or magnetic data;
or other information used as part of the decision to bid or participate
in a bid on the block. The bidder and joint bidder must also include a
live trace map (e.g., pdf and ArcGIS shapefile) for each proprietary
survey identified in the GDIS illustrating the actual areal extent of
the proprietary geophysical data in the survey (see the ``Example of
Preferred Format'' that is included in the Final NOS package for
additional information). The shape file must not include cultural
resources information; only the live trace map of the survey itself.
The GDIS statement must include the name, phone number, and full
address for a contact person and an alternate who are both
knowledgeable about the geophysical information and data listed and who
are available for 30 days after the sale date. The GDIS statement must
also include a list of all blocks bid upon, including those blocks
where no proprietary or reprocessed geophysical data and/or proprietary
information was used, as a basis for the bidder's decision to bid or to
participate as a joint bidder in the bid. All GDIS statements must be
included with any submitted bids in a separate envelope identified as
GDIS. All bidders must submit the GDIS statement, even if no
proprietary geophysical data or information was used in its bid
preparation for the block.
An example of the preferred format of the table is included in the
Final NOS package, and a blank digital version of the preferred table
can be accessed on the GOM Lease Sale 261 website at https://www.boem.gov/Sale-261/. The GDIS table should have columns that clearly
state the following:
The sale number;
The bidder company's name;
The joint bidder's company's name (if applicable);
The company that will provide the proprietary geophysical
survey data to BOEM;
The block area and block number bid upon;
The owner of the original data set (e.g, TGS, PGS, WGC,
CGG, etc.);
The industry's original name of the survey (e.g., E
Octopus);
The BOEM permit number for the survey;
Whether the data set is a fast-track version (intermediate
product that is not final);
Whether the data is speculative or proprietary;
The data type (e.g., 2-D, 3-D, or 4-D; pre-stack or post-
stack; time or depth);
The migration algorithm (e.g., Kirchhoff migration, wave
equation migration, reverse migration, reverse time migration) of the
data and areal extent of bidder survey (i.e., number of line miles for
2-D or number of blocks for 3-D);
[[Page 69667]]
The live proprietary survey coverage (2-D miles 3-D
blocks);
The computer storage size, to the nearest gigabyte, of
each seismic data and velocity volume used to evaluate the lease block;
Who reprocessed the data;
The date on which the final reprocessing was completed
(month and year);
If the data was previously sent to BOEM, list the sale
number and date of the sale for which it was used;
Whether proprietary or speculative AVO/AVA (PROP/SPEC) was
used;
The date on which AVO or AVA was sent to BOEM, if sent
prior to the sale;
Whether AVO/AVA is time or depth (PSTM or PSDM);
Which angled stacks were used (e.g., NEAR, MID, FAR,
ULTRAFAR);
Whether the company used Gathers to evaluate the block in
question; and
Whether the company used Vector Offset Output (VOO) or
Vector Image Partitions (VIP) to evaluate the block in question.
BOEM will use the computer storage size information to estimate the
reproduction costs for each data set, if applicable. BOEM will
determine the availability of reimbursement of production costs
consistent with 30 CFR 551.13.
BOEM reserves the right to inquire about alternate data sets, to
perform quality checks, and to compare the listed and alternative data
sets to determine which data set most closely meets the needs of the
fair market value determination process. See the ``Example of Preferred
Format'' that is included in the Final NOS package.
The GDIS maps are live trace maps (e.g., pdf and ArcGIS shapefiles)
that bidders should submit for each proprietary survey identified in
the GDIS table. The maps should illustrate the actual areal extent of
the proprietary geophysical data in the survey (see the ``Example of
Preferred Format'' that is included in the Final NOS package for
additional information). As previously stated, the shapefile must not
include cultural resources information, only the live trace map of the
survey itself.
Pursuant to 30 CFR 551.12 and 556.501, as a condition of the sale,
the BOEM GOM Regional Director requests that all bidders and joint
bidders submit the proprietary data identified on their GDIS within 30
days after the lease sale (unless notified after the lease sale that
BOEM has withdrawn the request). This request only pertains to
proprietary data that is not commercially available. Commercially
available data should not be submitted to BOEM unless specifically
requested by BOEM. No reimbursement will be provided for unsolicited
data sent to BOEM. The BOEM GOM RD will notify bidders and joint
bidders of any withdrawal of the request, for all or some of the
proprietary data identified on the GDIS, within 15 calendar days of the
lease sale. Where the BOEM GOM RD has notified bidders and joint
bidders that the request for such proprietary data has been withdrawn,
reimbursement will not be provided. Pursuant to 30 CFR part 551 and 30
CFR 556.501, as a condition of this sale, all bidders that are required
to submit data must ensure that the data are received by BOEM no later
than the 30th day following the lease sale, or the next business day if
the submission deadline falls on a weekend or Federal holiday. Please
do not submit proprietary geophysical survey data in the GDIS envelope.
The proprietary geophysical survey data must be submitted to BOEM
at the following address within 30 days of the sale as stated above:
Bureau of Ocean Energy Management, Resource Studies, GM 881A, 1201
Elmwood Park Blvd., New Orleans, Louisiana 70123-2304.
The GDIS must be submitted along with your bid envelope to: Leasing
and Financial Responsibility Section, BOEM New Orleans Office, 1201
Elmwood Park Boulevard MS-266A, New Orleans, Louisiana 70123-2394,
Contains Sealed Bids for GOM Lease Sale 261, Please Deliver to Mr. Greg
Purvis, 2nd Floor, Immediately.
BOEM recommends that bidders mark the GDIS submission's external
envelope as ``Deliver Immediately to DASPU.'' BOEM also recommends that
bidders submit the GDIS in an internal envelope, or otherwise marked,
with the following designation: ``Geophysical Data and Information
Statement for Oil and Gas Lease Sale 261'', Company Name, GOM Company
Qualification Number, and ``Proprietary Data.''
In the event a person supplies any type of data to BOEM, that
person must meet the following requirements to qualify for
reimbursement:
(1) Must be registered with the System for Award Management (SAM),
formerly known as the Central Contractor Registration (CCR). CCR
usernames will not work in SAM. A new SAM user account is needed to
register or update an entity's records. The website for registering is
https://usfcr.com/register-renew/.
(2) Must be enrolled in the U.S. Treasury's Invoice Processing
Platform (IPP) for electronic invoicing; to enroll go to https://www.ipp.gov/. Access then will be granted to use the IPP for submitting
requests for payment. When submitting a request for payment, the
assigned Purchase Order Number must be included.
(3) Must have a current On-line Representations and Certifications
Application at https://usfcr.com/.
Please Note: Digital copies and duplicate hardcopies should be
submitted for the GDIS Statement, Table and Maps. The GDIS Statement
should be sent as a digital PDF. The GDIS Information Table must be
submitted digitally as an Excel spreadsheet. The Proprietary Maps
should be sent as PDF files and the live trace outline of each
proprietary survey should also be submitted as a shapefile. Please
flatten all layered PDF files, since layered PDFs can have many
objects. Layered PDFs can cause problems opening or printing the file
correctly. Bidders may submit the digital files on a CD, DVD, or any
USB external drive (formatted for Windows). If bidders have any
questions, please contact Ms. Dee Smith at (504) 736-2706 or Ms. Teree
Campbell at (504) 736-3231.
Bidders should refer to the ``Acceptance, Rejection, or Return of
Bids'' heading under Section X, ``The Lease Sale,'' regarding a
bidder's failure to comply with the requirements of the Final NOS,
including any failure to submit information required in the Final NOS
package.
Telephone Numbers/Addresses of Bidders
BOEM requests that bidders provide this information in the
suggested format prior to or at the time of bid submission. The
suggested format is included in the Final NOS package. The form must
not be enclosed inside the sealed bid envelope.
Additional Documentation
BOEM may require bidders to submit other documents in accordance
with 30 CFR 556.107, 556.401, 556.501, and 556.513.
VIII. Bidding Rules and Restrictions
Restricted Joint Bidders
On May 4, 2023, BOEM published the Spring 2023 List of Restricted
Joint Bidders in the Federal Register at 88 FR 28610. Potential bidders
are advised to refer to the List of Restricted Joint Bidders that is in
place at the time of the lease sale. BOEM intends to publish the Fall
2023 List of Restricted Joint Bidders in the Federal Register in the
coming weeks. Please refer to the joint bidding provisions at 30 CFR
556.511-556.515.
Authorized Signatures
All signatories executing documents on behalf of the bidder(s) must
execute
[[Page 69668]]
the same in conformance with the BOEM qualification records. Bidders
are advised that BOEM considers the signed bid to be a legally binding
obligation on the part of the bidder(s) to comply with all applicable
regulations, including that requiring payment of one-fifth of the bonus
bid on all high bids. A statement to this effect is included on each
bid form (see the document ``Bid Form'' that is included in the Final
NOS package).
Unlawful Combination or Intimidation
BOEM warns bidders against violation of 18 U.S.C. 1860, which
prohibits unlawful combination or intimidation of bidders.
Bid Withdrawal
Bids may be withdrawn only by written request delivered to BOEM
prior to the bid submission deadline via any parcel delivery service.
Withdrawals will not be accepted in person or via email. The withdrawal
request must be on company letterhead and must contain the bidder's
name, its BOEM qualification number, the map name/number, and the block
number(s) of the bid(s) to be withdrawn. The withdrawal request must be
executed by one or more of the representatives named in the BOEM
qualification records. The name and title of the authorized signatory
must be typed under the signature block on the withdrawal request. The
BOEM GOM RD, or the RD's designee, will indicate approval by signing
and dating the withdrawal request.
Bid Rounding
Minimum bonus bid calculations, including rounding, for all blocks
are shown in the document ``List of Blocks Available for Leasing'' that
is included in the Final NOS package. The bonus bid amount must be
stated in whole dollars. If the acreage of a block contains a decimal
figure, then prior to calculating the minimum bonus bid, BOEM will
round up to the next whole acre. The appropriate minimum rate per acre
will be applied to the whole (rounded up) acreage. The bonus bid amount
must be greater than or equal to the minimum bonus bid, as calculated
and stated in the Final NOS package.
IX. Forms
The Final NOS package includes instructions, samples, and/or the
preferred format for the items listed below. BOEM strongly encourages
bidders to use the recommended formats. If bidders use another format,
they are responsible for including all the information specified for
each item in the Final NOS package.
(1) Bid Form
(2) Sample Completed Bid
(3) Sample Bid Envelope
(4) Sample Bid Mailing Envelope
(5) Telephone Numbers/Addresses of Bidders Form
(6) GDIS Form
(7) GDIS Envelope Form
X. The Lease Sale
Bid Opening and Reading
Sealed bids received in response to the Final NOS will be opened at
the place, date, and hour specified under the DATES and ADDRESSES
sections of the Final NOS. The venue will not be open to the public.
Instead, the bid opening will be available for the public to view on
BOEM's website at https://www.boem.gov via live streaming. The opening
of the bids is for the sole purpose of publicly announcing and
recording the bids received; no bids will be accepted or rejected at
that time.
Bonus Bid Deposit for Apparent High Bids
Each bidder submitting an apparent high bid must submit a bonus bid
deposit to ONRR equal to one-fifth of the bonus bid amount for each
such bid. A copy of the notification of the high bidder's one-fifth
bonus bid amount can be obtained on the BOEM website at https://www.boem.gov/Sale-261/ under the heading ``Notification of EFT \1/5\
Bonus Liability'' after 1:00 p.m. on the day of the sale. All payments
must be electronically deposited into an interest-bearing account in
the U.S. Treasury by 1:00 p.m. Eastern Time the day following the bid
reading (no exceptions). Account information is provided in the
``Instructions for Making Electronic Funds Transfer Bonus Payments''
found on the BOEM website identified above.
Bidders must submit payment to their financial institution as soon
as possible on the day of bid reading and no later than 7:00 p.m.
Eastern Time on the day of bid reading. This will help ensure that
deposits have time to process through the U.S. Treasury and post to
ONRR. ONRR cannot confirm payment until the monies have been moved into
settlement status by the U.S. Treasury.
BOEM requires bidders to use EFT procedures for payment of one-
fifth bonus bid deposits for GOM Lease Sale 261, following the detailed
instructions contained on the ONRR Payment Information web page at
https://www.onrr.gov/paying. Acceptance of a deposit does not
constitute, and will not be construed as, acceptance of any bid on
behalf of the United States.
Withdrawal of Blocks
The United States reserves the right to withdraw any block from
this lease sale prior to issuance of a written acceptance of a bid for
the block.
Acceptance, Rejection, or Return of Bids
The United States reserves the right to reject any and all bids,
regardless of the amount offered. Furthermore, no bid will be accepted,
and no lease for any block will be awarded to any bidder, unless:
(1) The bidder has complied with all applicable regulations and
requirements of the Final NOS, including those set forth in the
documents contained in the Final NOS package;
(2) The bid is the highest valid bid; and
(3) The amount of the bid has been determined to be adequate by the
authorized officer.
Any bid submitted that does not conform to the requirements of the
Final NOS, OCSLA, or other applicable statutes or regulations will be
rejected and returned to the bidder. The U.S. Department of Justice and
the Federal Trade Commission will review the results of the lease sale
for any antitrust issues prior to the acceptance of bids and issuance
of leases.
Bid Adequacy Review Procedures for GOM Lease Sale 261
To ensure that the U.S. Government receives fair market value for
the conveyance of leases from this sale, BOEM will evaluate high bids
in accordance with the bid adequacy procedures that are effective on
the date of the sale. The bid adequacy procedures are available on
BOEM's website at https://www.boem.gov/oil-gas-energy/leasing/bid-adequacy-procedures.
Lease Award
Leases issued as a result of GOM Lease Sale 261 are expressly
limited to oil and gas exploration and development. As noted in Section
19 of the lease form, all rights in the leased area not expressly
granted to the Lessee by the Act, the regulations, or this lease are
hereby reserved to the Lessor.
BOEM requires each bidder that is awarded a lease to complete the
following:
(1) Execute all copies of the lease (Form BOEM-2005 [February
2017], as amended);
(2) Pay by EFT the balance of the bonus bid amount and the first
year's rental for each lease issued in accordance with the requirements
of 30 CFR 1218.155 and 556.520(a); and
[[Page 69669]]
(3) Satisfy the bonding requirements of 30 CFR part 556, subpart I,
as amended.
ONRR requests that bidders use only one transaction for payment of
the balance of the bonus bid amount and the first year's rental. Once
ONRR receives such payment, the bidder awarded the lease may not
request a refund of the balance of the bonus bid amount or first year's
rental payment.
XI. Delay of Sale
The BOEM GOM RD has the discretion to change any date, time, and/or
location specified in the Final NOS package if the RD deems that an
emergent event could interfere with a fair and orderly lease sale. Such
events could include, but are not limited to, natural disasters (e.g.,
earthquakes, hurricanes, floods), wars, riots, acts of terrorism,
fires, strikes, civil disorder, or other events of a similar nature.
Furthermore, the RD may change the date, time, and/or location of the
lease sale to comply with court orders. In case of such events, bidders
should call (504) 736-0557 or access the BOEM website at https://www.boem.gov/ for information regarding any changes.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land and Minerals Management,
Department of the Interior.
The action taken herein is pursuant to an existing delegation of
authority.
[FR Doc. 2023-22316 Filed 10-5-23; 8:45 am]
BILLING CODE 4310-98-P
