Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government's Leasing and Permitting Practices for Wind Projects, 8363-8365 [2025-01966]

Download as PDF Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 8363 Presidential Documents Memorandum of January 20, 2025 Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects Memorandum for the Secretary of the Treasury[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Agriculture[,] the Secretary of Energy[, and] the Administrator of the Environmental Protection Agency Section 1. Temporary Withdrawal of Areas. Consistent with the principles of responsible public stewardship that are entrusted to this office, with due consideration for a variety of relevant factors, including the need to foster an energy economy capable of meeting the country’s growing demand for reliable energy, the importance of marine life, impacts on ocean currents and wind patterns, effects on energy costs for Americans—especially those who can least afford it—and to ensure that the United States is able to maintain a robust fishing industry for future generations and provide low cost energy to its citizens, I hereby direct as follows: Under the authority granted to me in section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition for wind energy leasing all areas within the Offshore Continental Shelf (OCS) as defined in section 2 of the Outer Continental Shelf Lands Act, 43 U.S.C. 1331. This withdrawal shall go into effect beginning on January 21, 2025, and shall remain in effect until this Presidential Memorandum is revoked. To the extent that an area is already withdrawn from disposition for wind energy leasing, the area’s withdrawal is extended for a time period beginning on January 21, 2025, until this Presidential Memorandum is revoked. This withdrawal temporarily prevents consideration of any area in the OCS for any new or renewed wind energy leasing for the purposes of generation of electricity or any other such use derived from the use of wind. This withdrawal does not apply to leasing related to any other purposes such as, but not limited to, oil, gas, minerals, and environmental conservation. khammond on DSK9W7S144PROD with PRESDOCA Nothing in this withdrawal affects rights under existing leases in the withdrawn areas. With respect to such existing leases, the Secretary of the Interior, in consultation with the Attorney General as needed, shall conduct a comprehensive review of the ecological, economic, and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal, and submit a report with recommendations to the President, through the Assistant to the President for Economic Policy. Sec. 2. Temporary Cessation and Immediate Review of Federal Wind Leasing and Permitting Practices. (a) In light of various alleged legal deficiencies underlying the Federal Government’s leasing and permitting of onshore and offshore wind projects, the consequences of which may lead to grave harm— including negative impacts on navigational safety interests, transportation interests, national security interests, commercial interests, and marine mammals—and in light of potential inadequacies in various environmental reviews required by the National Environmental Policy Act to lease or permit VerDate Sep<11>2014 16:07 Jan 28, 2025 Jkt 265001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\29JAO0.SGM 29JAO0 8364 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents wind projects, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the heads of all other relevant agencies, shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices. The Secretary of the Interior shall lead that assessment and review in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, the Secretary of Energy, and the Administrator of the Environmental Protection Agency. The assessment shall consider the environmental impact of onshore and offshore wind projects upon wildlife, including, but not limited to, birds and marine mammals. The assessment shall also consider the economic costs associated with the intermittent generation of electricity and the effect of subsidies on the viability of the wind industry. (b) In light of criticism that the Record of Decision (ROD) issued by the Bureau of Land Management on December 5, 2024, with respect to the Lava Ridge Wind Project Final Environmental Impact Statement (EIS), as approved by the Department of the Interior, is allegedly contrary to the public interest and suffers from legal deficiencies, the Secretary of the Interior shall, as appropriate, place a temporary moratorium on all activities and rights of Magic Valley Energy, LLC, or any other party under the ROD, including, but not limited to, any rights-of-way or rights of development or operation of any projects contemplated in the ROD. The Secretary of the Interior shall review the ROD and, as appropriate, conduct a new, comprehensive analysis of the various interests implicated by the Lava Ridge Wind Project and the potential environmental impacts. (c) The Secretary of the Interior, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall assess the environmental impact and cost to surrounding communities of defunct and idle windmills and deliver a report to the President, through the Assistant to the President for Economic Policy, with their findings and recommended authorities to require the removal of such windmills. khammond on DSK9W7S144PROD with PRESDOCA (d) The Attorney General may, as appropriate and consistent with applicable law, provide notice of this order to any court with jurisdiction over pending litigation related to any aspect of the Federal leasing or permitting of onshore or offshore wind projects or the Lava Ridge Wind Project, and may, in the Attorney General’s discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, pending the completion of the actions described in subsection (a) or subsection (b) of this section, as applicable. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:07 Jan 28, 2025 Jkt 265001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\29JAO0.SGM 29JAO0 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 8365 This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. You are authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, January 20, 2025 [FR Doc. 2025–01966 Filed 1–28–25; 8:45 am] VerDate Sep<11>2014 16:07 Jan 28, 2025 Jkt 265001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\29JAO0.SGM 29JAO0 Trump.EPS</GPH> khammond on DSK9W7S144PROD with PRESDOCA Billing code 4310–10–P

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[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8363-8365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01966]




                        Presidential Documents 



Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / 
Presidential Documents

[[Page 8363]]


                Memorandum of January 20, 2025

                
Temporary Withdrawal of All Areas on the Outer 
                Continental Shelf From Offshore Wind Leasing and Review 
                of the Federal Government's Leasing and Permitting 
                Practices for Wind Projects

                Memorandum for the Secretary of the Treasury[,] the 
                Attorney General[,] the Secretary of the Interior[,] 
                the Secretary of Agriculture[,] the Secretary of 
                Energy[, and] the Administrator of the Environmental 
                Protection Agency

                Section 1. Temporary Withdrawal of Areas. Consistent 
                with the principles of responsible public stewardship 
                that are entrusted to this office, with due 
                consideration for a variety of relevant factors, 
                including the need to foster an energy economy capable 
                of meeting the country's growing demand for reliable 
                energy, the importance of marine life, impacts on ocean 
                currents and wind patterns, effects on energy costs for 
                Americans--especially those who can least afford it--
                and to ensure that the United States is able to 
                maintain a robust fishing industry for future 
                generations and provide low cost energy to its 
                citizens, I hereby direct as follows:

                Under the authority granted to me in section 12(a) of 
                the Outer Continental Shelf Lands Act, 43 U.S.C. 
                1341(a), I hereby withdraw from disposition for wind 
                energy leasing all areas within the Offshore 
                Continental Shelf (OCS) as defined in section 2 of the 
                Outer Continental Shelf Lands Act, 43 U.S.C. 1331. This 
                withdrawal shall go into effect beginning on January 
                21, 2025, and shall remain in effect until this 
                Presidential Memorandum is revoked.

                To the extent that an area is already withdrawn from 
                disposition for wind energy leasing, the area's 
                withdrawal is extended for a time period beginning on 
                January 21, 2025, until this Presidential Memorandum is 
                revoked.

                This withdrawal temporarily prevents consideration of 
                any area in the OCS for any new or renewed wind energy 
                leasing for the purposes of generation of electricity 
                or any other such use derived from the use of wind. 
                This withdrawal does not apply to leasing related to 
                any other purposes such as, but not limited to, oil, 
                gas, minerals, and environmental conservation.

                Nothing in this withdrawal affects rights under 
                existing leases in the withdrawn areas. With respect to 
                such existing leases, the Secretary of the Interior, in 
                consultation with the Attorney General as needed, shall 
                conduct a comprehensive review of the ecological, 
                economic, and environmental necessity of terminating or 
                amending any existing wind energy leases, identifying 
                any legal bases for such removal, and submit a report 
                with recommendations to the President, through the 
                Assistant to the President for Economic Policy.

                Sec. 2. Temporary Cessation and Immediate Review of 
                Federal Wind Leasing and Permitting Practices. (a) In 
                light of various alleged legal deficiencies underlying 
                the Federal Government's leasing and permitting of 
                onshore and offshore wind projects, the consequences of 
                which may lead to grave harm--including negative 
                impacts on navigational safety interests, 
                transportation interests, national security interests, 
                commercial interests, and marine mammals--and in light 
                of potential inadequacies in various environmental 
                reviews required by the National Environmental Policy 
                Act to lease or permit

[[Page 8364]]

                wind projects, the Secretary of the Interior, the 
                Secretary of Agriculture, the Secretary of Energy, the 
                Administrator of the Environmental Protection Agency, 
                and the heads of all other relevant agencies, shall not 
                issue new or renewed approvals, rights of way, permits, 
                leases, or loans for onshore or offshore wind projects 
                pending the completion of a comprehensive assessment 
                and review of Federal wind leasing and permitting 
                practices. The Secretary of the Interior shall lead 
                that assessment and review in consultation with the 
                Secretary of the Treasury, the Secretary of 
                Agriculture, the Secretary of Commerce, through the 
                National Oceanic and Atmospheric Administration, the 
                Secretary of Energy, and the Administrator of the 
                Environmental Protection Agency. The assessment shall 
                consider the environmental impact of onshore and 
                offshore wind projects upon wildlife, including, but 
                not limited to, birds and marine mammals. The 
                assessment shall also consider the economic costs 
                associated with the intermittent generation of 
                electricity and the effect of subsidies on the 
                viability of the wind industry.

                    (b) In light of criticism that the Record of 
                Decision (ROD) issued by the Bureau of Land Management 
                on December 5, 2024, with respect to the Lava Ridge 
                Wind Project Final Environmental Impact Statement 
                (EIS), as approved by the Department of the Interior, 
                is allegedly contrary to the public interest and 
                suffers from legal deficiencies, the Secretary of the 
                Interior shall, as appropriate, place a temporary 
                moratorium on all activities and rights of Magic Valley 
                Energy, LLC, or any other party under the ROD, 
                including, but not limited to, any rights-of-way or 
                rights of development or operation of any projects 
                contemplated in the ROD. The Secretary of the Interior 
                shall review the ROD and, as appropriate, conduct a 
                new, comprehensive analysis of the various interests 
                implicated by the Lava Ridge Wind Project and the 
                potential environmental impacts.
                    (c) The Secretary of the Interior, the Secretary of 
                Energy, and the Administrator of the Environmental 
                Protection Agency shall assess the environmental impact 
                and cost to surrounding communities of defunct and idle 
                windmills and deliver a report to the President, 
                through the Assistant to the President for Economic 
                Policy, with their findings and recommended authorities 
                to require the removal of such windmills.
                    (d) The Attorney General may, as appropriate and 
                consistent with applicable law, provide notice of this 
                order to any court with jurisdiction over pending 
                litigation related to any aspect of the Federal leasing 
                or permitting of onshore or offshore wind projects or 
                the Lava Ridge Wind Project, and may, in the Attorney 
                General's discretion, request that the court stay the 
                litigation or otherwise delay further litigation, or 
                seek other appropriate relief consistent with this 
                order, pending the completion of the actions described 
                in subsection (a) or subsection (b) of this section, as 
                applicable.

                This memorandum shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 8365]]

                This memorandum is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person. You are authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 20, 2025

[FR Doc. 2025-01966
Filed 1-28-25; 8:45 am]
Billing code 4310-10-P
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