30 Cfr 585

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 30 —Mineral Resources
Chapter V —Bureau of Ocean Energy Management, Department of the Interior
Subchapter B —Offshore
Part 585 Renewable Energy on the Outer Continental Shelf
Subpart A General Provisions
§ 585.100 Authority.
§ 585.101 What is the purpose of this part?
§ 585.102 What are BOEM's responsibilities under this part?
§ 585.103 When may BOEM prescribe or approve departures from the regulations in this part?
§ 585.104 Do I need a BOEM lease or other authorization to produce or support the production
of electricity or other energy product from a renewable energy resource on the OCS?
§ 585.105 What are my responsibilities under this part?
§ 585.106 What happens if I fail to comply with this part?
§ 585.107 Who can acquire or hold a lease or grant under this part?
§ 585.108 How do I show that I am qualified to be a lessee or grant holder?
§ 585.109 When must I notify BOEM if an action has been filed alleging that I am insolvent or
bankrupt?
§ 585.110 When must I notify BOEM of mergers, name changes, or changes of business form?
§ 585.111 How do I submit plans, applications, reports, or notices required by this part?
§ 585.112 When and how does BOEM charge me processing fees on a case-by-case basis?
§ 585.113 Definitions.
§ 585.114 How will data and information obtained by BOEM under this part be disclosed to the
public?
§ 585.115 Paperwork Reduction Act statements—information collection.
§ 585.116 Requests for information.
§ 585.117 Severability.
§ 585.118 What are my appeal rights?
§§ 585.119-585.149 [Reserved]
Subpart B The Renewable Energy Leasing Schedule
§ 585.150 What is the Renewable Energy Leasing Schedule?
§§ 585.151-585.199 [Reserved]
Subpart C Issuance of OCS Renewable Energy Leases
General Lease Information
§ 585.200 What rights are granted with a lease issued under this part?
§ 585.201 How will BOEM issue leases?
§ 585.202 What types of leases will BOEM issue?
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 1 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

§ 585.203 With whom will BOEM consult before issuance of leases?
§ 585.204 What areas are available for leasing consideration?
§ 585.205 How will leases be mapped?
§ 585.206 What is the lease size?
§§ 585.207-585.209 [Reserved]
Competitive Lease Award Process—Pre-Auction Provisions
§ 585.210 What are the steps in BOEM's competitive lease award process?
§ 585.211 What is the Call?
§ 585.212 What is area identification?
§ 585.213 What information is included in the PSN?
§ 585.214 What information is included in the FSN?
§ 585.215 What may BOEM do to assess whether competitive interest for a lease area still
exists before the auction?
§ 585.216 How are bidding credits awarded and used?
§§ 585.217-585.219 [Reserved]
Competitive Lease Award Process—Auction Provisions
§ 585.220 How will BOEM award leases competitively?
§ 585.221 What general provisions apply to all auctions?
§ 585.222 What other auction rules must bidders follow?
§ 585.223 What supplemental information will BOEM provide in a PSN and FSN?
Competitive Lease Award Process—Post-Auction Provisions
§ 585.224 What will BOEM do after the auction?
§ 585.225 What happens if BOEM accepts a bid?
§ 585.226 What happens if the provisional winner fails to meet its obligations?
§§ 585.227-585.229 [Reserved]
Noncompetitive Lease Award Process
§ 585.230 May I request a lease if there is no Call?
§ 585.231 Will BOEM issue leases noncompetitively?
§ 585.232 May I acquire a lease noncompetitively after responding to a request for
information or a Call for Information and Nominations?
§§ 585.233-585.234 [Reserved]
Commercial and Limited Lease Periods
§ 585.235 What are the lease periods for a commercial lease?
§ 585.236 If I have a limited lease, how long will my lease remain in effect?
§ 585.237 What is the effective date of a lease?
§ 585.238 May I develop my commercial lease in phases?
§ 585.239 Are there any other renewable energy research activities that will be allowed on
the OCS?
§§ 585.240-585.299 [Reserved]
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 2 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

Subpart D Right-of-Way (ROW) Grants and Right-of-Use and Easement (RUE)
Grants for Renewable Energy Activities
ROW Grants and RUE Grants
§ 585.300 What types of activities are authorized by ROW grants and RUE grants issued
under this part?
§ 585.301 What do ROW grants and RUE grants include?
§ 585.302 What are the general requirements for ROW grant and RUE grant holders?
§ 585.303 How long will my ROW grant or RUE grant remain in effect?
§ 585.304 [Reserved]
Obtaining ROW Grants and RUE Grants
§ 585.305 How do I request a ROW grant or a RUE grant?
§ 585.306 What action will BOEM take on my request?
§ 585.307 How will BOEM determine whether competitive interest exists for ROW grants
and RUE grants?
§ 585.308 How will BOEM conduct an auction for ROW grants and RUE grants?
§ 585.309 What is the effective date of a ROW grant or a RUE grant?
§§ 585.310-585.314 [Reserved]
Financial Requirements for ROW Grants and RUE Grants
§ 585.315 What deposits are required for a competitive ROW grant or RUE grant?
§ 585.316 What payments are required for ROW grants or RUE grants?
§§ 585.317-585.399 [Reserved]
Subpart E Lease and Grant Administration
§§ 585.400-585.404 [Reserved]
Designation of Operator
§ 585.405 How do I designate an operator?
§ 585.406 Who is responsible for fulfilling lease and grant obligations?
§ 585.407 [Reserved]
Lease or Grant Assignment, Segregation, and Consolidation
§ 585.408 May I assign my lease or grant interest?
§ 585.409 How do I request approval of a lease or grant assignment?
§ 585.410 When will my assignment result in a segregated lease?
§ 585.411 How does an assignment affect the assignor's liability?
§ 585.412 How does an assignment affect the assignee's liability?
§ 585.413 How do I consolidate leases or grants?
§ 585.414 [Reserved]
Lease or Grant Suspension
§ 585.415 What is a lease or grant suspension?
§ 585.416 How do I request a lease or grant suspension?
§ 585.417 When may BOEM order a suspension?
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 3 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

§ 585.418 How will BOEM issue a suspension?
§ 585.419 What are my immediate responsibilities if I receive a suspension order?
§ 585.420 What effect does a suspension order have on my payments?
§ 585.421 How long will a lease or grant suspension be in effect?
Lease or Grant Cancellation
§ 585.422 When can my lease or grant be canceled?
§§ 585.423-585.424 [Reserved]
Lease or Grant Renewal
§ 585.425 May I obtain a renewal of my lease or grant before it terminates?
§ 585.426 When must I submit my request for renewal?
§ 585.427 How long is a renewal?
§ 585.428 What effect does applying for a renewal have on my activities and payments?
§ 585.429 What criteria will BOEM consider in deciding whether to renew a lease or grant?
§§ 585.430-585.431 [Reserved]
Lease or Grant Termination
§ 585.432 When does my lease or grant terminate?
§ 585.433 What must I do after my lease or grant terminates?
§ 585.434 When may BOEM authorize facilities to remain in place following termination of a
lease or grant?
Lease or Grant Relinquishment, Contraction, or Cancellation
§ 585.435 How can I relinquish a lease or a grant or parts of a lease or grant?
§ 585.436 Can BOEM require lease or grant contraction?
§ 585.437 [Reserved]
§ 585.438 What happens to leases or grants (or portions thereof) that have been
relinquished, contracted, or cancelled?
§§ 585.439-585.499 [Reserved]
Subpart F Payments and Financial Assurance Requirements
Payments
§ 585.500 How do I make payments under this part?
§ 585.501 What deposits must I submit for a competitively issued lease, ROW grant, or RUE
grant?
§ 585.502 What initial payment requirements must I meet to obtain a noncompetitive lease,
ROW grant, or RUE grant?
§ 585.503 What are the rent and operating fee requirements for a commercial lease?
§ 585.504 How are my payments affected if I develop my commercial lease in phases?
§ 585.505 What are the rent and operating fee requirements for a limited lease?
§ 585.506 What operating fees must I pay on a commercial lease?
§ 585.507 What rent payments must I pay on a project easement?
§ 585.508 What rent payments must I pay on ROW grants or RUE grants associated with
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 4 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

renewable energy projects?
§ 585.509 Who is responsible for submitting lease or grant payments to ONRR?
§ 585.510 May BOEM defer, reduce, or waive my lease or grant payments?
§§ 585.511-585.515 [Reserved]
Financial Assurance Requirements for Commercial Leases
§ 585.516 What are the financial assurance requirements for each stage of my commercial
lease?
§ 585.517 How will BOEM determine the supplemental financial assurance associated with
commercial leases?
§§ 585.518-585.519 [Reserved]
Financial Assurance for Limited Leases, ROW Grants, and RUE Grants
§ 585.520 What financial assurance must I provide when I obtain my limited lease, ROW
grant, or RUE grant?
§ 585.521 Do my financial assurance requirements change as activities progress on my
limited lease or grant?
§§ 585.522-585.524 [Reserved]
Requirements for Financial Assurance Instruments
§ 585.525 What general requirements must a financial assurance instrument meet?
§ 585.526 What instruments other than a surety bond may I use to meet the financial
assurance requirement?
§ 585.527 May I demonstrate financial strength and reliability to meet the financial
assurance requirement for lease or grant activities?
§ 585.528 May I use a third-party guaranty to meet the financial assurance requirement for
lease or grant activities?
§ 585.529 Can I use a lease- or grant-specific decommissioning account to meet the
financial assurance requirements related to decommissioning?
Changes in Financial Assurance
§ 585.530 What must I do if my financial assurance lapses?
§ 585.531 What happens if the value of my financial assurance is reduced?
§ 585.532 What happens if my surety wants to terminate the period of liability of my
financial assurance?
§ 585.533 How does my surety obtain cancellation of my financial assurance?
§ 585.534 When may BOEM cancel my financial assurance?
§ 585.535 Why might BOEM call for forfeiture of my financial assurance?
§ 585.536 How will I be notified of a call for forfeiture?
§ 585.537 How will BOEM proceed once my bond or other security is forfeited?
§§ 585.538-585.539 [Reserved]
Revenue Sharing With States
§ 585.540 How will BOEM equitably distribute revenues to States?
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 5 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

§ 585.541 What is a qualified project for revenue sharing purposes?
§ 585.542 What makes a State eligible for payment of revenues?
§ 585.543 Example of how the inverse distance formula works.
§§ 585.544-585.599 [Reserved]
Subpart G Plans and Information Requirements
§ 585.600
What plans must I submit to BOEM before I conduct activities on my lease or
grant?
§ 585.601
When must I submit my plans to BOEM?
§§ 585.602-585.604 [Reserved]
Site Assessment Plan and Information Requirements for Commercial Leases
§ 585.605 What is a Site Assessment Plan (SAP)?
§ 585.606 What must I demonstrate in my SAP?
§ 585.607 How do I submit my SAP?
§§ 585.608-585.609 [Reserved]
Contents of the Site Assessment Plan
§ 585.610 What must I include in my SAP?
§ 585.611 What information and certifications must I submit with my SAP to assist BOEM in
complying with NEPA and other applicable laws?
§ 585.612 How will my SAP be processed for Federal consistency under the Coastal Zone
Management Act?
§ 585.613 How will BOEM process my SAP?
Activities under an Approved SAP
§ 585.614 When may I begin conducting activities under my approved SAP?
§ 585.615 What other reports or notices must I submit to BOEM under my approved SAP?
§ 585.616 [Reserved]
§ 585.617 What activities require a revision to my SAP, and when will BOEM approve the
revision?
§ 585.618 What must I do upon completion of approved site assessment activities?
§ 585.619 [Reserved]
Construction and Operations Plan for Commercial Leases
§ 585.620 What is a Construction and Operations Plan (COP)?
§ 585.621 What must I demonstrate in my COP?
§ 585.622 How do I submit my COP?
§§ 585.623-585.625 [Reserved]
Contents of the Construction and Operations Plan
§ 585.626 What must I include in my COP?
§ 585.627 What information and certifications must I submit with my COP to assist BOEM in
complying with NEPA and other applicable laws?
§ 585.628 How will BOEM process my COP?
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 6 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

§§ 585.629-585.630 [Reserved]
Activities under an Approved COP
§ 585.631 When must I initiate activities under an approved COP?
§ 585.632 What documents must I submit before I may construct and install facilities under
my approved COP?
§ 585.633 [Reserved]
§ 585.634 What activities require a revision to my COP, and when will BOEM approve the
revision?
§ 585.635 What must I do if I cease activities approved in my COP before the end of my
commercial lease?
§§ 585.636-585.639 [Reserved]
General Activities Plan Requirements for Limited Leases, ROW Grants, and RUE
Grants
§ 585.640 What is a General Activities Plan (GAP)?
§ 585.641 What must I demonstrate in my GAP?
§ 585.642 How do I submit my GAP?
§§ 585.643-585.644 [Reserved]
Contents of the General Activities Plan
§ 585.645 What must I include in my GAP?
§ 585.646 What information and certifications must I submit with my GAP to assist BOEM
in complying with NEPA and other applicable laws?
§ 585.647 How will my GAP be processed for Federal consistency under the Coastal Zone
Management Act?
§ 585.648 How will BOEM process my GAP?
§ 585.649 [Reserved]
Activities under an Approved GAP
§ 585.650 When may I begin conducting activities under my GAP?
§ 585.651 When may I construct complex or significant OCS facilities on my limited lease or
any facilities on my project easement proposed under my GAP?
§ 585.652 How long do I have to conduct activities under an approved GAP?
§ 585.653 What other reports or notices must I submit to BOEM under my approved GAP?
§ 585.654 [Reserved]
§ 585.655 What activities require a revision to my GAP, and when will BOEM approve the
revision?
§ 585.656 What must I do if I cease activities approved in my GAP before the end of my
term?
§ 585.657 What must I do upon completion of approved activities under my GAP?
Cable and Pipeline Deviations
§ 585.658 Can my cable or pipeline construction deviate from my approved COP or GAP?
30 CFR Part 585 (July 25, 2025) (enhanced display)

page 7 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR Part 585 (July 25, 2025)

§ 585.659-585.699 [Reserved]
Environmental Protection Requirements Under Approved Plans
§ 585.700 What requirements must I include in my SAP, COP, or GAP regarding air quality?
§ 585.701 How must I conduct my approved activities to protect marine mammals,
threatened and endangered species, and designated critical habitat?
§ 585.702 What must I do if I discover a potential archaeological resource while conducting
my approved activities?
§ 585.703 How must I conduct my approved activities to protect essential fish habitats
identified and described under the Magnuson-Stevens Fishery Conservation and
Management Act?

PART 585—RENEWABLE ENERGY ON THE OUTER CONTINENTAL
SHELF
Authority: 43 U.S.C. 1337.
Source: 88 FR 6430, Jan. 31, 2023, unless otherwise noted.

Subpart A—General Provisions
Source: 89 FR 42721, May 15, 2024, unless otherwise noted.

§ 585.100 Authority.
The authority for this part derives from section 8 of the Outer Continental Shelf Lands Act (OCS Lands Act) (43
U.S.C. 1337). The Secretary of the Interior delegated to the Bureau of Ocean Energy Management (BOEM) the
authority to manage the development of energy on the Outer Continental Shelf (OCS) from sources other than oil
and gas, including renewable energy, through the issuance of leases, easements, and right-of-way for activities that
produce or support the production, transportation, or transmission of energy.

§ 585.101 What is the purpose of this part?
The purpose of this part is to:
(a) Establish procedures for issuance and administration of leases, right-of-way (ROW) grants, and right-ofuse and easement (RUE) grants for renewable energy production on the OCS;
(b) Inform you and third parties of your obligations when you undertake activities authorized in this part; and
(c) Ensure that renewable energy activities on the OCS are conducted in a safe and environmentally sound
manner, in conformance with the requirements of subsection 8(p) of the OCS Lands Act, other applicable
laws and regulations, and the terms of your lease, ROW grant, or RUE grant.
(d) This part will not convey access rights for oil, gas, or other minerals.
30 CFR 585.101(d) (enhanced display)

page 8 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.102

§ 585.102 What are BOEM's responsibilities under this part?
(a) BOEM will ensure that any activities authorized in this part are carried out in a manner that provides for
and reaches a rational balance among the following goals to the extent they conflict or are otherwise in
tension, none of which inherently outweighs or supplants any other:
(1) Safety;
(2) Protection of the environment;
(3) Prevention of waste, including economic waste and physical waste of energy resources from
sources other than oil and gas;
(4) Conservation of the natural resources of the OCS;
(5) Coordination with relevant Federal agencies (including, in particular, those agencies involved in
planning activities that are undertaken to avoid conflicts among users and to maximize the
economic and ecological benefits of the OCS, including multifaceted spatial planning efforts);
(6) Protection of national security interests of the United States;
(7) Protection of the rights of other authorized users of the OCS;
(8) A fair return to the United States;
(9) Prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and
the territorial seas (as determined by the Secretary);
(10) Consideration of the location of and any schedule relating to a lease or grant under this part for an
area of the OCS, and any other use of the sea or seabed;
(11) Public notice and comment on any proposal submitted for a lease or grant under this part; and
(12) Oversight, research, monitoring, and enforcement of activities authorized by a lease or grant under
this part.
(b) BOEM will require compliance with all applicable laws, regulations, other requirements, and the terms of
your lease or grant and approved plans under this part. BOEM will approve, disapprove, or approve with
conditions any plans, applications, or other documents submitted to BOEM for approval under the
provisions of this part.
(c) Unless otherwise provided in this part, BOEM may give oral directives or decisions whenever prior BOEM
approval is required under this part. BOEM will document in writing any such oral directives within 10
business days.
(d) BOEM will establish practices and procedures to govern the collection of all payments due to the Federal
Government required under the regulations of this part, including any cost recovery fees, rents, operating
fees, and other fees or payments. BOEM will do this in accordance with the terms of this part, the leasing
notice, the lease or grant under this part, and applicable Office of Natural Resources Revenue (ONRR)
regulations or guidance.
(e) BOEM will provide for coordination and consultation with the Governor of any State, the executive of any
local government, and the executive of any Indian Tribe that may be affected by a lease, easement, or
ROW under this section. BOEM may invite any affected State Governor, representative of an affected
Indian Tribe, and affected local government executive to join in establishing a task force or other joint
planning or coordination agreement in carrying out our responsibilities under this part.
30 CFR 585.102(e) (enhanced display)

page 9 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.103

§ 585.103 When may BOEM prescribe or approve departures from the regulations in this part?
(a) BOEM may prescribe or approve departures from the provisions of this part when BOEM deems the
departure necessary because the applicable provisions as applied to a specific circumstance:
(1) Are impractical or unduly burdensome and the departure is necessary to achieve the intended
objectives of the renewable energy program;
(2) Fail to conserve the natural resources of the OCS;
(3) Fail to protect life (including human and wildlife), property, or the marine, coastal, or human
environment; or
(4) Fail to protect sites, structures, or objects of historical or archaeological significance.
(b) Any departure approved under this section and its rationale must:
(1) Be consistent with subsection 8(p) of the OCS Lands Act;
(2) Protect the environment and the public health and safety to the same degree as if there was no
approved departure from this part;
(3) Not impair the rights of third parties; and
(4) Be documented in writing.

§ 585.104 Do I need a BOEM lease or other authorization to produce or support the production of
electricity or other energy product from a renewable energy resource on the OCS?
Except as otherwise authorized by law, it is unlawful for any person to construct, operate, or maintain any facility to
produce, transport, or support generation of electricity or other energy product derived from a renewable energy
resource on any part of the OCS, except in accordance with the terms of a lease, easement, or ROW issued under
the OCS Lands Act.

§ 585.105 What are my responsibilities under this part?
As a lessee, applicant, operator, or holder of a ROW or RUE grant, you must:
(a) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue
harm or damage to natural resources, including their physical, atmospheric, and biological components to
the extent practicable; and take measures to prevent unauthorized discharge of pollutants including
marine trash and debris into the offshore environment;
(b) Submit requests, applications, plans, notices, modifications, and supplemental information to BOEM as
required by this part;
(c) Follow up, in writing, any oral request or notification you made, within 3 business days;
(d) Comply with all applicable laws and regulations, the terms of your lease or grant under this part, reports,
notices, and approved plans prepared under this part, and any conditions imposed by BOEM through its
review of any of these reports, notices, and approved plans, as provided in this part;
(e) Make all applicable payments on time;
(f) Comply with the DOI's nonprocurement debarment regulations at 2 CFR part 1400;
30 CFR 585.105(f) (enhanced display)

page 10 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.105(g)

(g) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a
lease or grant under this part;
(h) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of
subsection 8(p) of the OCS Lands Act;
(i)

Compile, retain, and make available to BOEM representatives, within the time specified by BOEM, any data
and information related to the site assessment, design, and operations of your project; and

(j)

Respond to requests from the Director in a timely manner.

§ 585.106 What happens if I fail to comply with this part?
(a) BOEM may take appropriate corrective action under this part if you fail to comply with applicable
provisions of Federal law, the regulations in this part, other applicable regulations, any order of the
Director, the provisions of a lease or grant issued under this part, or the requirements of an approved plan
or other approval under this part.
(b) BOEM may issue to you a notice of noncompliance if we determine that there has been a violation of the
regulations in this part, any order of the Director, or any provision of your lease, grant, or other approval
issued under this part. When issuing a notice of noncompliance, BOEM will serve you at your last known
address.
(c) A notice of noncompliance will tell you how you failed to comply with this part, any order of the Director
and/or the provisions of your lease, grant or other approval, and will specify what you must do to correct
the noncompliance and the time limits within which you must act.
(d) Failure of a lessee, operator, or grant holder to take the actions specified in a notice of noncompliance
issued under this part within the time limit specified provides the basis for issuance of a cessation order
by BSEE, as provided in 30 CFR 285.401 and/or cancellation of the lease or grant by the Secretary as
provided in § 585.422.
(e) BOEM may assess civil penalties, as authorized by section 24 of the OCS Lands Act and as determined
under the procedures set forth in 30 CFR part 550, subpart N, if you fail to comply with any provision of
this part or any term of a lease, grant, or order issued under the authority of this part:
(1) After notice of such failure and expiration of any reasonable period allowed for corrective action; or
(2) BOEM determines that the failure constitutes, or constituted, a threat of serious, irreparable, or
immediate harm or damage to life (including fish and other aquatic life), property, or the marine,
coastal, or human environment.

§ 585.107 Who can acquire or hold a lease or grant under this part?
(a) You may acquire or hold a lease or grant under this part if you can demonstrate that you have the
technical and financial capabilities to conduct the activities authorized by the lease or grant and you are
a(n):
(1) Citizen or national of the United States;
(2) Alien lawfully admitted for permanent residence in the United States as defined in 8 U.S.C.
1101(a)(20);
(3) Private, public, or municipal corporations organized under the laws of any State of the United States,
the District of Columbia, or any territory or insular possession subject to U.S. jurisdiction;
30 CFR 585.107(a)(3) (enhanced display)

page 11 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.107(a)(4)

(4) Association of such citizens, nationals, resident aliens, or corporations;
(5) Executive agency of the United States as defined in 5 U.S.C. 105;
(6) State of the United States; or
(7) Political subdivision of a State of the United States.
(b) You may not acquire or hold a lease or grant under this part or acquire an interest in a lease or grant under
this part if:
(1) You or your principals are excluded or disqualified from participating in transactions covered by the
Federal nonprocurement debarment and suspension system (2 CFR part 1400), unless BOEM
explicitly has approved an exception for this transaction;
(2) BOEM determines or has previously determined after notice and opportunity for a hearing that you or
your principals have failed to meet or exercise due diligence under any OCS lease or grant; or
(3) After written notice and your opportunity to be heard, BOEM determines that:
(i)

You no longer meet the qualification requirements for acquiring or holding a lease or grant in
paragraph (a) of this section.

(ii) You have:
(A) Violated an applicable law, regulation, order, lease or grant provision, approved plan, or the
prohibitions prescribed in a final sale notice; or otherwise engaged in illegal activity, anticompetitive or collusive behavior, fraud, or misrepresentation; and
(B) Failed to take timely remedial action as specified in the written notice provided by BOEM
of the basis for the disqualification.
(c) As long as a party is excluded or disqualified from acquiring or holding a lease or grant under this part, it
is also ineligible to participate in BOEM's competitive and noncompetitive lease or grant issuance
processes, including auctions, conducted under this part, even as an agent for another entity. A party can
restore its eligibility by completing the remedial action specified in the notice of the proposed
disqualification.
(d) You may share ownership interests in a lease with one or more other persons, provided that all interest
holders in the lease are eligible to hold a lease pursuant to this section and § 585.108.

§ 585.108 How do I show that I am qualified to be a lessee or grant holder?
(a) You must demonstrate your technical and financial capability to construct, operate, maintain, and
terminate/decommission projects for which you are requesting authorization. Documentation can
include:
(1) Descriptions of international or domestic experience with renewable energy projects or other types
of electric-energy-related projects; and
(2) Information establishing access to sufficient capital to carry out development.
(b) An individual must submit a written statement of citizenship status attesting to U.S. citizenship. It does
not need to be notarized nor give the age of individual. A resident alien may submit a photocopy of the
U.S. Citizenship and Immigration Services form issued by the appropriate Federal immigration authority
evidencing legal status as a resident alien.
30 CFR 585.108(b) (enhanced display)

page 12 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.108(c)

(c) A corporation or association must submit evidence, as specified in the table in paragraph (d) of this
section, acceptable to BOEM that:
(1) It is qualified to hold leases or grants under this part;
(2) It is authorized to conduct business under the laws of its State;
(3) It is authorized to hold leases or grants on the OCS under the operating rules of its business; and
(4) The persons holding the titles listed are authorized to bind the corporation or association when
conducting business with BOEM.
(d) Acceptable evidence under paragraph (c) of this section includes, but is not limited to the following:

Requirements to qualify to hold leases or grants on the
OCS:

Corp.

(1) Original certificate or certified copy from the State of
incorporation stating the name of the corporation exactly as
it must appear on all legal documents

XX

(2) Certified statement by Secretary/Assistant Secretary
over corporate seal, certifying that the corporation is
authorized to hold OCS leases

XX

(3) Evidence of authority of titled positions to bind
corporation, certified by Secretary/Assistant Secretary over
corporate seal, including the following:

XX

Ltd.
Gen.
LLC Trust
prtnsp. prtnsp.

(i) Certified copy of resolution of the board of directors with
titles of officers authorized to bind corporation
(ii) Certified copy of resolutions granting corporate officer
authority to issue a power of attorney
(iii) Certified copy of power of attorney or certified copy of
resolution granting power of attorney
(4) Original certificate or certified copy of partnership or
organization paperwork registering with the appropriate
State official

XX

XX

XX

(5) Copy of articles of partnership or organization
evidencing filing with appropriate Secretary of State,
certified by Secretary/Assistant Secretary of partnership or
member or manager of LLC

XX

XX

XX

(6) Original certificate or certified copy evidencing State
where partnership or LLC is registered. Statement of
authority to hold OCS leases, certified by Secretary/
Assistant Secretary, OR original paperwork registering with
the appropriate State official

XX

XX

XX

(7) Statements from each partner or LLC member indicating
the following:

XX

XX

XX

(i) If a corporation or partnership, statement of State of

30 CFR 585.108(d) (enhanced display)

page 13 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Requirements to qualify to hold leases or grants on the
OCS:

30 CFR 585.108(e)

Corp.

Ltd.
Gen.
LLC Trust
prtnsp. prtnsp.

organization and authorization to hold OCS leases, certified
by Secretary/Assistant Secretary over corporate seal, if a
corporation
(ii) If an individual, a statement of citizenship
(8) Statement from general partner, certified by Secretary/
Assistant Secretary that:

XX

(i) Each individual limited partner is a U.S. citizen and;
(ii) Each corporate limited partner or other entity is
incorporated or formed and organized under the laws of a
U.S. State or territory
(9) Evidence of authority to bind partnership or LLC, if not
specified in partnership agreement, articles of organization,
or LLC regulations, i.e., certificates of authority from
Secretary/Assistant Secretary reflecting authority of officers

XX

XX

(10) Listing of members of LLC certified by Secretary/
Assistant Secretary or any member or manager of LLC

XX

XX

(11) Copy of trust agreement or document establishing the
trust and all amendments, properly certified by the trustee
with reference to where the original documents are filed

XX

(12) Statement indicating the law under which the trust is
established and that the trust is authorized to hold OCS
leases or grants

XX

(e) A local, State, or Federal executive entity must submit a written statement that:
(1) It is qualified to hold leases or grants under this part; and
(2) The person(s) acting on behalf of the entity is authorized to bind the entity when conducting
business with us.
(f) BOEM may require you to submit additional information at any time considering your bid or request for a
noncompetitive lease.

§ 585.109 When must I notify BOEM if an action has been filed alleging that I am insolvent or
bankrupt?
You must notify BOEM within 3 business days after you learn of any action filed alleging that you are insolvent or
bankrupt.

30 CFR 585.109 (enhanced display)

page 14 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.110

§ 585.110 When must I notify BOEM of mergers, name changes, or changes of business form?
You must notify BOEM in writing of any merger, name change, or change of business form. You must notify BOEM
as soon as practicable following the merger, name change, or change in business form, but no later than 120 days
after the earliest of either the effective date, or the date of filing the change or action with the Secretary of the State
or other authorized official in the State of original registry.

§ 585.111 How do I submit plans, applications, reports, or notices required by this part?
Unless otherwise stated, you must submit one electronic copy of all plans, applications, reports, or notices required
by this part to BOEM. BOEM will inform you if it requires paper copies of specific documents. Unless stated
otherwise, documents should be submitted to the relevant contacts listed on the BOEM website.

§ 585.112 When and how does BOEM charge me processing fees on a case-by-case basis?
(a) BOEM will charge a processing fee on a case-by-case basis under the procedures in this section with
regard to any application or request under this part if we decide at any time that the preparation of a
particular document or study is necessary for the application or request and it will have a unique
processing cost, such as the preparation of an Environmental Assessment (EA) or Environmental Impact
Statement (EIS).
(1) Processing costs will include contract oversight and efforts to review and approve documents
prepared by contractors, whether the contractor is paid directly by the applicant or through BOEM.
(2) We may apply a standard overhead rate to direct processing costs.
(b) We will assess the ongoing processing fee for each individual application or request according to the
following procedures:
(1) Before we process your application or request, we will give you a written estimate of the proposed
fee based on reasonable processing costs.
(2) You may comment on the proposed fee.
(3) You may:
(i)

Ask for our approval to perform, or to directly pay a contractor to perform, all or part of any
document, study, or other activity according to standards we specify, thereby reducing our
costs for processing your application or request; or

(ii) Ask to pay us to perform, or contract for, all or part of any document, study, or other activity.
(4) We will then give you the final estimate of the processing fee amount with payment terms and
instructions after considering your comments and any BOEM-approved work you will do.
(i)

If we encounter higher or lower processing costs than anticipated, we will re-estimate our
reasonable processing costs following the procedures in paragraphs (b)(1) through (4) of this
section, but we will not stop ongoing processing unless you do not pay in accordance with
paragraph (b)(5) of this section.

(ii) Once processing is complete, we will refund to you the amount of money that we did not spend
on processing costs.

30 CFR 585.112(b)(4)(ii) (enhanced display)

page 15 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.112(b)(5)

(5) Consistent with the payment and billing terms provided in the final estimate, we will periodically
estimate what our reasonable processing costs will be for a specific period and will bill you for that
period. Payment is due to us 30 days after you receive your bill. We will stop processing your
document if you do not pay the bill by the date payment is due. If a periodic payment turns out to be
more or less than our reasonable processing costs for the period, we will adjust the next billing
accordingly or make a refund. Do not deduct any amount from a payment without our prior written
approval.
(6) You must pay the entire fee before we will issue the final document or take final action on your
application or request.
(7) You may appeal our estimated processing costs in accordance with the regulations in § 585.118 and
43 CFR part 4. We will not process the document further until the appeal is resolved, unless you pay
the fee under protest while the appeal is pending. If the appeal results in a decision changing the
proposed fee, we will adjust the fee in accordance with this section. If we adjust the fee downward,
we will not pay interest.

§ 585.113 Definitions.
Terms used in this part have the meanings as defined in this section:
Affected local government means with respect to any activities proposed, conducted, or approved under this
part or 30 CFR part 285, any locality:
(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing electricity or other
energy product, or is otherwise receiving, processing, refining, or transshipping product, or services
derived from activities approved under this part or 30 CFR part 285;
(2) That is used, or is proposed to be used, as a support base for activities approved under this part or
30 CFR part 285; or
(3) In which there is a reasonable probability of significant effect on land or water uses from activities
approved under this part, or 30 CFR part 285.
Affected State means with respect to any activities proposed, conducted, or approved under this part or 30 CFR
part 285, any coastal State—
(1) That is, or is proposed to be, the site of gathering, transmitting, or distributing energy or is otherwise
receiving, processing, refining, or transshipping products, or services derived from activities
approved under this part or 30 CFR part 285;
(2) That is used, or is scheduled to be used, as a support base for activities approved under this part or
30 CFR part 285; or
(3) In which there is a reasonable probability of significant effect on land or water uses from activities
approved under this part or 30 CFR part 285.
Archaeological resource means any material remains of human life or activities that are at least 50 years of age
and that are of archaeological interest (i.e., which are capable of providing scientific or humanistic
understanding of past human behavior, cultural adaptation, and related topics through the application of
scientific or scholarly techniques, such as controlled observation, contextual measurement, controlled
collection, analysis, interpretation, and explanation).

30 CFR 585.113 “Archaeological resource” (enhanced display)

page 16 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.113 “Best available and safest technology”

Best available and safest technology means the best available and safest technologies that BOEM determines to
be economically feasible wherever failure of equipment would have a significant effect on safety, health,
or the environment.
Best management practices mean practices recognized within their respective industry, or by government, as
one of the best for achieving the desired output while reducing undesirable outcomes.
Bidding credits means the value assigned by BOEM, expressed in monetary terms, to the factors or actions
demonstrated, or committed to, by a bidder at a BOEM lease auction during the competitive lease award
process. The type(s) and value(s) of any bidding credit(s) awarded to any given bidder will be set forth in
the Final Sale Notice.
BOEM means Bureau of Ocean Energy Management of the Department of the Interior.
BSEE means Bureau of Safety and Environmental Enforcement of the Department of the Interior.
Certified Verification Agent (CVA) means an individual or organization, experienced in the design, fabrication, and
installation of offshore marine facilities or structures, who will conduct specified third-party reviews,
inspections, and verifications in accordance with 30 CFR part 285.
Coastal environment means the physical atmospheric, and biological components, conditions, and factors which
interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the
shoreline inward to the boundaries of the coastal zone.
Coastline means the same as the term “coast line” in section 2 of the Submerged Lands Act (43 U.S.C. 1301(c)).
Commercial activities means, under renewable energy leases and grants, all activities associated with the
generation, storage, or transmission of electricity or other energy product from a renewable energy project
on the OCS, and for which such electricity or other energy product is intended for distribution, sale, or
other commercial use, except for electricity or other energy product distributed or sold pursuant to
technology-testing activities on a limited lease. This term also includes activities associated with all
stages of development, including initial site characterization and assessment, facility construction, and
project decommissioning.
Commercial lease means a lease issued under this part that specifies the terms and conditions under which a
person can conduct commercial activities.
Commercial operations means the generation of electricity or other energy product for commercial use, sale,
transmission, or distribution from a commercial lease.
Critical Safety Systems and Equipment means safety systems and equipment designed to prevent or ameliorate
fire, spillages, or other major accidents that could result in harm to health, safety, or the environment in
the area of your facilities.
Decommissioning means removing BOEM and BSEE approved facilities and returning the site of the lease or
grant to a condition that meets the requirements under subpart I of 30 CFR part 285.
Director means the Director of BOEM, or an official authorized to act on the Director's behalf.
Distance means the minimum great circle distance.
Eligible State means a coastal State having a coastline (measured from the nearest point) no more than 15
miles from the geographic center of a qualified project area.
Fabrication means the cutting, fitting, welding, or other assembly of project elements.
30 CFR 585.113 “Fabrication” (enhanced display)

page 17 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.113 “Facility”

Facility means an installation that is permanently or temporarily attached to the seabed of the OCS. Facilities
include any structures; devices; appurtenances; gathering, transmission, and distribution cables; pipelines;
and permanently moored vessels. Any group of OCS installations interconnected with walkways, or any
group of installations that includes a central or primary installation with one or more satellite or
secondary installations, is a single facility. BOEM and BSEE may decide that the complexity of the
installations justifies their classification as separate facilities.
Geographic center of a project means the centroid (geometric center point) of a qualified project area. The
centroid represents the point that is the weighted average of coordinates of the same dimension, with the
weights determined by a density function. For example, in the case of a project area shaped as a
rectangle or other parallelogram, the geographic center would be that point where lines between opposing
corners intersect. The geographic center of a project could be outside the project area itself if that area is
irregularly shaped.
Governor means the Governor of a State or the person or entity lawfully designated by or under State law to
exercise the powers granted to a Governor.
Grant means a right-of-way or a right-of-use and easement issued under the provisions of this part.
Human environment means the physical, social, and economic components, conditions, and factors that
interactively determine the state, condition, and quality of living conditions, employment, and health of
those affected, directly or indirectly, by activities occurring on the OCS.
Lease means an agreement authorizing the use of a designated portion of the OCS for activities allowed under
this part. The term also means the area covered by that agreement, when the context requires.
Lease area means an area on the OCS that BOEM has identified for leasing for potential development of
renewable energy resources.
Lessee means the holder of a lease, a BOEM-approved assignee, and, when describing the conduct required of
parties engaged in activities on the lease, it also refers to the operator and all persons authorized by the
holder of the lease or operator to conduct activities on the lease.
Limited lease means a lease issued under this part that specifies the terms and conditions under which a
person may conduct activities on the OCS that support the production of energy, but do not result in the
production of electricity or other energy product for sale, distribution, or other commercial use exceeding
a limit specified in the lease.
Marine environment means the physical, atmospheric, and biological components, conditions, and factors that
interactively determine the productivity, state, condition, and quality of the marine ecosystem. These
include the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt marshes,
and wetlands within the coastal zone and on the OCS.
Miles means nautical miles, as opposed to statute miles.
Multiple factor auction means an auction that involves the use of bidding credits to incentivize goals or actions
that support public policy objectives or maximize public benefits through the competitive leasing auction
process. For any multiple factor auction, the monetary value of the bidding credits, if any, would be added
to the value of the cash bid to determine the highest bidder.
Natural resources include, without limiting the generality thereof, renewable energy, oil, gas, and all other
minerals (as defined in section 2(q) of the OCS Lands Act), and marine animal and marine plant life.

30 CFR 585.113 “Natural resources” (enhanced display)

page 18 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.113 “Operator”

Operator means the individual, corporation, or association having control or management of activities on the
lease or grant under this part. The operator may be a lessee, grant holder, or a contractor designated by
the lessee or holder of a grant issued under this part.
Outer Continental Shelf (OCS) means all submerged lands lying seaward and outside of the area of lands
beneath navigable waters, as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301), whose
subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within
the exclusive economic zone of the United States and adjacent to any territory of the United States and
does not include any area conveyed by Congress to a territorial government for administration.
Person means, in addition to a natural person, an association (including partnerships and joint ventures); a
Federal agency; a State; a political subdivision of a State; a Native American Tribal government; or a
private, public, or municipal corporation.
Project, for the purposes of defining the source of revenues to be shared, means a lease, ROW, RUE, or Alternate
Use RUE on which the activities authorized under this part and/or 30 CFR part 285 or 586 are conducted
on the OCS. The term “project” may be used elsewhere in this part to refer to these same authorized
activities, the facilities used to conduct these activities, or to the geographic area of the project, i.e., the
project area.
Project area means the geographic surface leased, or granted, for the purpose of a specific project. If OCS
acreage is granted for a project under some form of agreement other than a lease (i.e., a ROW or RUE), the
Federal acreage granted would be considered the project area. To avoid distortions in the calculation of
the geometric center of the project area, project easements issued under this part are not considered part
of the qualified project's area.
Project Design Envelope (PDE) means a reasonable range of design parameters proposed in a lessee's plan for
components of the project, such as type, dimensions, and number of wind turbine generators; foundation
type; location of the export cable route; location of an onshore substation; location of the grid connection
point; and construction methods and timing.
Project easement means an easement to which, upon approval of your Construction and Operations Plan (COP)
or General Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing,
maintaining, repairing and replacing: gathering, transmission, and distribution, and inter-array cables;
power and pumping stations; facility anchors; pipelines; and associated facilities and other
appurtenances on the OCS as necessary for the full enjoyment of the lease.
Provisional winner means a bidder that BOEM determines at the conclusion of the auction to have submitted the
winning bid. The provisional winner becomes the winning bidder after the favorable completion of BOEM's
bid review, Department of Justice antitrust review, bidder obligations under § 585.225(b), and any appeals
process under § 585.118(c).
Receipt, as used in this part to describe the time when a document is received by any party in the absence of
documentation to the contrary, is deemed to have taken place:
(1)
(i)

Five (5) business days after the date the document was given to the U.S. Postal Service (or
deposited in one of its mailboxes), properly addressed and with proper postage affixed, or was
given to a delivery service (or deposited in one of its receptacles), properly addressed and with
the delivery cost prepaid; or

(ii) On the date on which the document was properly addressed and sent electronically.
30 CFR 585.113 “Receipt” (1)(ii) (enhanced display)

page 19 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.113 “Receipt” (2)

(2) This definition also applies to variants of the words “receipt” and “receive” where those terms are
used in this part to describe the receipt of a document when the timing of receipt triggers a
regulatory time period or consequence.
Renewable Energy means energy resources other than oil and gas and minerals as defined in 30 CFR part 580.
Such resources include, but are not limited to, wind, solar, and ocean waves, tides, and current.
Revenues mean bonuses, rents, operating fees, and similar payments made in connection with a project or
project area. It does not include administrative fees such as those assessed for cost recovery, civil
penalties, and forfeiture of financial assurance.
Right-of-use and easement (RUE) grant means an easement issued by BOEM under this part that authorizes use
of a designated portion of the OCS to support activities on a lease or other use authorization for
renewable energy activities. The term also means the area covered by the authorization.
Right-of-way (ROW) grant means an authorization issued by BOEM under this part to use a portion of the OCS for
the construction and use of a cable or pipeline for the purpose of gathering, transmitting, distributing, or
otherwise transporting electricity or other energy product generated or produced from renewable energy,
but does not constitute a project easement under this part. The term also means the area c overed by the
authorization.
Secretary means the Secretary of the Interior or an official authorized to act on the Secretary's behalf.
Significant archaeological resource means an archaeological resource that meets the criteria of significance for
eligibility for listing in the National Register of Historic Places, as defined in 36 CFR 60.4.
Site assessment activities mean those initial activities conducted to assess an area on the OCS, such as
resource assessment surveys (e.g., meteorological and oceanographic) or technology testing, involving
the installation of bottom-founded facilities.
We, us, and our refer to BOEM, or its possessive, depending on the context.
You

and your means an applicant, lessee, the operator, or designated operator, ROW grant holder or RUE grant
holder under this part, or the designated agent of any of these, or the possessive of each, depending on
the context. The terms you and your also include contractors and subcontractors of the entities specified
in the preceding sentence.

§ 585.114 How will data and information obtained by BOEM under this part be disclosed to the
public?
(a) BOEM will make data and information available in accordance with the requirements and subject to the
limitations of the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the regulations contained in 43
CFR part 2.

30 CFR 585.114(a) (enhanced display)

page 20 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.114(b)

(b) BOEM will not release such data and information that we have determined is exempt from disclosure
under exemption 4 of FOIA. We will review such data and information and objections of the submitter by
the following schedule to determine whether release at that time will result in substantial competitive
harm or disclosure of trade secrets.

If you have a . . .

Then BOEM will review data and information for possible
release:

(1) Commercial lease

At the earlier of:
(i) 3 years after the commencement of commercial operations; or
(ii) 3 years after the lease terminates.

(2) Limited lease

At 3 years after the lease terminates.

(3) ROW or RUE grant

At the earliest of:
(i) 10 years after the approval of the grant;
(ii) Grant termination; or
(iii) 3 years after the completion of construction activities.

(c) After considering any objections from the submitter, if we determine that release of such data and
information will result in:
(1) No substantial competitive harm or disclosure of trade secrets, then the data and information will be
released.
(2) Substantial competitive harm or disclosure of trade secrets, then the data and information will not be
released at that time but will be subject to further review every 3 years thereafter.

§ 585.115 Paperwork Reduction Act statements—information collection.
(a) The Office of Management and Budget (OMB) has approved the information collection requirements in
this part under 44 U.S.C. 3501, et seq., and assigned OMB Control Number 1010-0176. The table in
paragraph (e) of this section lists the subparts in the rule requiring the information and its title,
summarizes the reasons for collecting the information, and summarizes how BOEM uses the information.
(b) Respondents are primarily renewable energy applicants, lessees, ROW grant holders, RUE grant holders,
Alternate Use RUE grant holders, and operators. The requirement to respond to the information collection
in this part is mandated under subsection 8(p) of the OCS Lands Act. Some responses are also required
to obtain or retain a benefit or may be voluntary.
(c) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires us to inform the public that an
agency may not conduct or sponsor, and you are not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
(d) Comments regarding any aspect of the collections of information under this part, including suggestions
for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Ocean
Energy Management, 45600 Woodland Road, Sterling, VA 20166.

30 CFR 585.115(d) (enhanced display)

page 21 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.115(e)

(e) BOEM is collecting this information for the reasons given in the following table:

30 CFR 585
subpart and title

Reasons for collecting information and how used

(1) Subpart
A—General
Provisions

To inform BOEM of actions taken to comply with general operational
requirements on the OCS. To ensure that operations on the OCS meet statutory
and regulatory requirements, are safe and protect the environment, and result in
diligent development on OCS leases.

(2) Subpart
B—The
Renewable
Energy Leasing
Schedule

To enable BOEM to publish a proposed five-year leasing schedule for the OCS
renewable energy program.

(3) Subpart
C—Issuance of
OCS Renewable
Energy Leases

To provide BOEM with information needed to determine when to use a
competitive process for issuing a renewable energy lease, to identify auction
formats and bidding systems and variables that we may use when that
determination is affirmative, and to determine the terms under which we will
issue renewable energy leases.

(4) Subpart
D—ROW Grants
and RUE Grants
for Renewable
Energy Activities

To issue ROW grants and RUE grants for OCS renewable energy activities that
are not associated with a BOEM-issued renewable energy lease.

(5) Subpart
E—Lease and
Grant
Administration

To ensure compliance with regulations pertaining to a lease or grant, including
designation of operator, assignment, segregation, consolidation, suspension,
renewal, termination, relinquishment, and cancellation.

(6) Subpart
To ensure that payments and financial assurance payments for renewable
F—Payments and energy leases comply with subpart E.
Financial
Assurance
Requirements
(7) Subpart
G—Plans and
Information
Requirements

To enable BOEM to comply with the National Environmental Policy Act (NEPA)
(42 U.S.C. 4321 et seq.), the Coastal Zone Management Act (CZMA) (16 U.S.C.
1451 et seq.), and other Federal laws and to ensure the safety of the
environment on the OCS.

§ 585.116 Requests for information.
BOEM may publish a request for information (RFI) in the FEDERAL REGISTER for the following reasons:
(a) To solicit information from industry, federally recognized Tribes, State and local agencies, and other
interested entities for evaluating the offshore renewable energy industry, including the identification of
potential challenges or obstacles to its continued development. An RFI may relate to the identification of
environmental, technical, regulatory, or economic matters that promote or detract from continued
30 CFR 585.116(a) (enhanced display)

page 22 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.116(b)

development of renewable energy technologies on the OCS. BOEM may use the information received to
refine its renewable energy program, including to facilitate OCS renewable energy development in a safe
and environmentally responsible manner and to ensure a fair return to the United States for use of the
OCS.
(b) To assess interest in leasing all or part of the OCS for activities authorized in this part.
(c) To determine whether there is competitive interest in a specific OCS renewable energy proposal received
by BOEM, such as an unsolicited request for a lease under § 585.231(b) or a RUE or ROW grant under §
585.307(a).
(d) To seek other information that BOEM needs for this program.

§ 585.117 Severability.
If a court holds any provisions of this part or their applicability to any persons or circumstances invalid, the
remainder of the provisions and their applicability to any persons or circumstances will not be affected.

§ 585.118 What are my appeal rights?
(a) Except as stated in paragraph (c) of this section, any party adversely affected by a final decision issued by
BOEM under this part may appeal that decision to the Interior Board of Land Appeals (IBLA), under 30 CFR
part 590 and 43 CFR part 4, subpart E.
(b) Any final decision will remain in full force and effect during the pendency of an appeal unless a stay is
granted under 43 CFR part 4.
(c) A bidder adversely affected by BOEM's determination of a provisional winner made under this part may
appeal to the BOEM Director, but decisions determining a provisional winner may not be appealed to the
IBLA.
(1) A bidder that elects to appeal a provisional winner selection decision must file a written appeal with
the Director within 15 business days after receipt of the decision.
(2) Such appeal must be accompanied by a statement of reasons. Before reversing a provisional winner
selection decision, the Director will provide the provisional winner a reasonable opportunity to
respond in writing to the appellant's statement of reasons. The Director will issue a written
determination either affirming or reversing the decision. The Director's decision is not appealable to
the IBLA under this section.
(3) BOEM will not execute a lease or grant until the 15-business-day appeal period closes and all timely
filed appeals are resolved.
(4) The review authority of the Office of Hearings and Appeals does not apply to either the provisional
winner selection decisions made under this part or the Director's final determination affirming or
reversing a provisional winner selection decision.

§§ 585.119-585.149 [Reserved]
Subpart B—The Renewable Energy Leasing Schedule
Source: 89 FR 42728, May 15, 2024, unless otherwise noted.

30 CFR 585.119-585.149 (enhanced display)

page 23 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.150

§ 585.150 What is the Renewable Energy Leasing Schedule?
At least once every 2 years, the Secretary will publish a schedule with a list of locations under consideration for
leasing, along with a projection of when lease sales are anticipated to occur for the 5-year period following the
schedule's publication. This schedule will include a general description of the area covered by each proposed lease
sale, the calendar year in which each lease sale is projected to occur, and the reasons for any changes made to the
previous schedule. Any proposed lease sale covered by the schedule will be subject to all applicable regulations,
including area identification, coordination with relevant parties, and applicable environmental reviews.

§§ 585.151-585.199 [Reserved]
Subpart C—Issuance of OCS Renewable Energy Leases
Source: 89 FR 42729, May 15, 2024, unless otherwise noted.

GENERAL LEASE INFORMATION
§ 585.200 What rights are granted with a lease issued under this part?
(a) A lease issued under this part grants the lessee the right, subject to obtaining the necessary approvals,
including but not limited to those required under the FERC hydrokinetic licensing process, and complying
with all provisions of this part, to occupy, and install and operate facilities on, a designated portion of the
OCS for the purpose of conducting:
(1) Commercial activities; or
(2) Other limited activities that support, result from, or relate to the production of energy from a
renewable energy source.
(b) A lease issued under this part confers on the lessee the right to one or more project easements without
further competition for the purpose of installing gathering, transmission, and distribution cables;
pipelines; and appurtenances on the OCS as necessary for the full enjoyment of the lease.
(1) You must apply for the project easement as part of your COP or GAP, as provided under subpart G of
this part; and
(2) BOEM will incorporate your approved project easement in your lease as an addendum.
(c) A commercial lease issued under this part may be developed in phases, with BOEM approval as provided
in § 585.238.

§ 585.201 How will BOEM issue leases?
BOEM will issue leases on a competitive basis, as provided under §§ 585.210 through 585.226. However, if we
determine after public notice of a proposed lease that there is no competitive interest, we will issue leases
noncompetitively, as provided under §§ 585.230 through 585.232. We will issue leases on forms approved by BOEM
and will include terms, conditions, and stipulations identified and developed as appropriate.

§ 585.202 What types of leases will BOEM issue?
BOEM may issue commercial or limited leases for OCS activities under § 585.104. BOEM may issue a lease for OCS
renewable energy research activities under § 585.239.
30 CFR 585.202 (enhanced display)

page 24 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.203

§ 585.203 With whom will BOEM consult before issuance of leases?
For leases issued under this part, through either the competitive or noncompetitive process, BOEM, prior to issuing
the lease, will coordinate and consult with relevant Federal agencies (including, in particular, those agencies
involved in planning activities that are undertaken to avoid or minimize conflicts among users and maximize the
economic and ecological benefits of the OCS, including multifaceted spatial planning efforts), any affected federally
recognized Indian Tribes, the Native Hawaiian Community or Alaska Native Corporations, as appropriate, the
Governor of any affected State, and the executive of any affected local government, as directed by subsections
8(p)(4) and (7) of the OCS Lands Act or other relevant Federal laws. Federal statutes that require BOEM to consult
with interested parties or Federal agencies or to respond to findings of those agencies include the Endangered
Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act. BOEM also engages in
consultation with Tribal and State historic preservation officers pursuant to the National Historic Preservation Act
(NHPA).

§ 585.204 What areas are available for leasing consideration?
BOEM may offer any appropriately platted area of the OCS, as provided in § 585.205, for a renewable energy lease,
except any area within the exterior boundaries of any unit of the National Park System, National Wildlife Refuge
System, National Marine Sanctuary System, or any National Monument.

§ 585.205 How will leases be mapped?
BOEM will prepare leasing maps and official protraction diagrams of areas of the OCS. The areas included in each
lease will be in accordance with the appropriate leasing map or official protraction diagram.

§ 585.206 What is the lease size?
(a) BOEM will determine the size for each lease based on the area required to accommodate the anticipated
activities. The processes leading to both competitive and noncompetitive issuance of leases will provide
public notice of the lease size adopted. We will delineate leases by using mapped OCS blocks or portions,
or aggregations of blocks.
(b) The lease size includes the minimum area that will allow the lessee sufficient space to develop the project
and manage activities in a manner that is consistent with the provisions of this part and 30 CFR part 285.
The lease may include whole lease blocks or portions of a lease block.

§§ 585.207-585.209 [Reserved]
COMPETITIVE LEASE AWARD PROCESS—PRE-AUCTION PROVISIONS
§ 585.210 What are the steps in BOEM's competitive lease award process?
(a) BOEM may publish an RFI under § 585.116.
(b) BOEM will award leases through a competitive lease award process unless competitive interest does not
exist. BOEM will publish details for each auction and lease through appropriate notices in the FEDERAL
REGISTER. Each competitive lease award process will include the following steps:
(1) Call for information and nominations (Call). BOEM will publish a Call in the FEDERAL REGISTER
requesting information to determine qualifications of prospective bidders and interest in
preliminarily identified OCS lease areas.
30 CFR 585.210(b)(1) (enhanced display)

page 25 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.210(b)(2)

(2) Area identification. BOEM will identify OCS areas for leasing consideration and related analysis in
consultation with appropriate Federal agencies, State and local governments, federally recognized
Tribes, Alaska Native Claims Settlement Act (ANCSA) corporations, and other interested parties.
(3) Proposed Sale Notice (PSN). BOEM will publish a PSN, or a notice of its availability, in the FEDERAL
REGISTER, announcing BOEM's intention to conduct an auction for prospective lease areas. The PSN
will set forth provisions and information concerning the proposed auction and lease and will invite
stakeholder comments.
(4) Final Sale Notice (FSN). BOEM will publish an FSN, or a notice of its availability, in the FEDERAL
REGISTER setting forth final information concerning the auction and lease.
(5) Auction. BOEM will hold an auction under the regulations in this part and the FSN.
(6) Lease award. BOEM will award leases subsequent to the completion of the aforementioned steps
under the regulations in this part and the FSN.

§ 585.211 What is the Call?
(a) The Call is a notice that BOEM will publish in the FEDERAL REGISTER requesting responses from
stakeholders interested in bidding on designated OCS areas and comments from interested and
potentially affected parties. The responses may inform the area identification process and will enable
BOEM to determine whether there exists competitive interest in the proposed lease area. BOEM may
request additional information from stakeholders related to environmental, economic, and other issues.
(b) The Call may include the following:
(1) The areas that BOEM has preliminarily identified for leasing consideration;
(2) A request for comments concerning geological conditions; archaeological sites on the seabed or
nearshore; multiple uses of the proposed leasing area (including, for example, navigation, recreation,
military, and fisheries); and other socioeconomic, biological, and environmental information;
(3) Request for comments regarding feasibility for development, including the energy resource and
opportunity for grid connection;
(4) Possible lease terms and conditions;
(5) A request to potential bidders to nominate one or more areas for a commercial renewable energy
lease within the preliminarily identified leasing areas. Such nominations must include:
(i)

The specific OCS blocks that the respondent is interested in leasing;

(ii) A general description of the respondent's objectives and how respondent proposes to achieve
those objectives;
(iii) A preliminary schedule of the respondent's proposed activities, including those potentially
leading to commercial operations, to the extent known;
(iv) Information regarding respondent's coordination, or intent to coordinate, with any other entity
for the purposes of acquiring a lease from BOEM, if applicable;
(v) Documentation demonstrating the respondent's qualification to acquire a lease or grant as
specified in §§ 585.107 and 585.108;

30 CFR 585.211(b)(5)(v) (enhanced display)

page 26 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.211(b)(5)(vi)

(vi) Available and pertinent information concerning renewable energy and environmental conditions
in the nominated areas, including energy and resource data and information used to evaluate
the areas; and
(vii) Any additional information requested by BOEM in the Call;
(c) Respondents have 45 calendar days from the date the Call is published in the FEDERAL REGISTER to reply,
unless BOEM specifies another time period of not less than 30 calendar days in the Call.
(d) BOEM may use the information received in response to a Call to:
(1) Identify lease areas;
(2) Develop options for its lease provisions (e.g., stipulations, payments, terms, and conditions);
(3) Inform its environmental analysis conducted under applicable Federal requirements, including, but
not limited to, NEPA, the Endangered Species Act (ESA) (16 U.S.C. 1531-1544), and the CZMA; and
(4) Determine whether competitive interest exists in all or a portion of any potential lease area. If BOEM
determines no competitive interest exists, BOEM may follow the noncompetitive leasing process set
forth in § 585.231(d) through (j).

§ 585.212 What is area identification?
(a) Area identification is the process by which BOEM delineates one or more OCS areas for leasing
consideration and environmental analysis if the areas appear appropriate for renewable energy
development. This process is based on an area's relevant attributes, such as other uses of the area,
environmental factors or characteristics, stakeholder comments, industry nominations, feasibility for
development, and other relevant information. BOEM consults with interested parties during this process
as specified in § 585.210(b)(2).
(b) BOEM may consider areas nominated by respondents to a Call and other areas determined appropriate
for leasing.
(c) For the identified areas, BOEM will evaluate:
(1) The potential effects of leasing the identified areas on the human, marine, and coastal environments;
(2) The feasibility of development; and
(3) Potential measures, including lease stipulations, to mitigate potential adverse impacts. Such
measures are identified and refined through the area identification process, as well as through
environmental review and consultations and published for comment in the Proposed Sale Notice.
(d) BOEM may hold public hearings on the environmental analyses associated with leasing the identified
areas, after appropriate notice.
(e) At the end of the area identification, BOEM may offer selected areas for leasing.

§ 585.213 What information is included in the PSN?
(a) The PSN is a notice that BOEM will publish in the FEDERAL REGISTER for each prospective auction. The PSN
will request public comment on the items listed in this section. Public comments will inform BOEM's
decisions regarding auction format and lease terms and conditions. At a minimum, the PSN will include or
describe the availability of information pertaining to:

30 CFR 585.213(a) (enhanced display)

page 27 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.213(a)(1)

(1) The proposed leases to be offered, including:
(i)

The proposed lease areas, including size and location;

(ii) The proposed lease terms and conditions, including the proposed rental rate and operating fee
rate;
(iii) Other proposed payment requirements, as applicable; and
(iv) Proposed requirements for performance under the lease, such as site-specific lease
stipulations and environmental mitigation measures;
(2) Steps a bidder must take to obtain and maintain eligibility to participate in the auction (e.g., financial
forms, bid deposits);
(3) The proposed availability and potential value of bidding credit(s), if any are offered, and the actions
or commitments required to obtain them;
(4) A detailed description of the proposed auction format and procedures as further described in §
585.223;
(5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on
or to acquire in an auction, if applicable;
(6) Lease award procedures, including how and when a lease will be awarded and executed, and how
BOEM will address unsuccessful bids and applications;
(7) A copy of, or a reference to, the official BOEM lease form; and
(8) Other relevant matters, as determined by BOEM.
(b) The PSN may be used to gauge competitive interest by requiring prospective bidders to reaffirm their
intent to participate in the auction as a prerequisite for continued eligibility.
(c) A prospective bidder is encouraged to identify in its comments any specific proposed terms and
conditions in the PSN that may preclude its participation in the auction.
(d) The PSN's public comment period is 60 calendar days from the date of its publication in the FEDERAL
REGISTER, unless BOEM specifies another time period of not less than 30 calendar days in the PSN.
(e) BOEM will notify any potentially affected federally recognized Indian Tribes, States, local governments,
and ANCSA corporations of the PSN's publication, and will provide copies of the PSN to these entities
upon written request.

§ 585.214 What information is included in the FSN?
(a) The FSN is a notice that BOEM will publish in the FEDERAL REGISTER at least 30 calendar days before each
prospective auction. The FSN will describe the final auction details and will include or describe the
availability of information pertaining to:
(1) The leases to be offered, including:
(i)

The lease areas, including size and location;

(ii) Lease terms and conditions, including the rental rate and the operating fee rate;
(iii) Other payment requirements, as applicable; and
30 CFR 585.214(a)(1)(iii) (enhanced display)

page 28 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.214(a)(1)(iv)

(iv) Requirements for performance under the lease, including site-specific lease stipulations and
environmental mitigation measures;
(2) Steps a bidder must take to ensure eligibility to participate in the auction (e.g. financial forms, bid
deposits);
(3) The availability and potential value of bidding credit(s), if any are offered, and the actions or
commitments required to obtain them.
(4) A detailed description of the auction format and procedures as further described in § 585.223;
(5) The maximum number or specific sets of lease areas that any given bidder may be allowed to bid on
or to acquire in an auction, if applicable;
(6) Lease award procedures, including how and when a lease will be awarded and executed, and how
BOEM will handle unsuccessful bids and applications;
(7) A copy of, or a reference to, the official BOEM lease form; and
(8) Other relevant matters as determined by BOEM.
(b) The terms of the FSN may differ from the proposed terms of the PSN.

§ 585.215 What may BOEM do to assess whether competitive interest for a lease area still exists
before the auction?
(a) At any time BOEM has reason to believe that competitive interest in any lease area no longer exists before
the area's auction, BOEM may issue a notice in the FEDERAL REGISTER, as described in § 585.116,
requesting information regarding competitive interest in that area. BOEM will consider respondents'
comments to determine whether competitive interest in that area remains. BOEM may decide to end the
competitive process for any area if it determines that competitive interest no longer exists.
(b) If BOEM determines after considering respondents' comments to such a notice that competitive interest
remains, BOEM will continue with the competitive process set forth in §§ 585.210 through 585.226.
(c) If BOEM determines at any time before the auction that only a single party remains interested in a lease
area, BOEM may proceed either with the auction or with the noncompetitive process set forth in §
585.231(d) through (j) following payment by that party of the acquisition fee specified in § 585.502(a).

§ 585.216 How are bidding credits awarded and used?
(a) BOEM will determine the highest bid, taking into account the combined value of the monetary (cash)
component and the non-monetary component(s), represented by bidding credits. The PSN and FSN will
explain the following details, if bidding credit(s) are available for that auction:
(1) Eligibility and application requirements;
(2) The value of each available bidding credit, which will be either a sum certain or a percentage of the
bid; and
(3) Procedures for applying each available bidding credit to bids submitted during the auction.
(b) Eligibility for bidding credits must be established in advance of any lease auction, in accordance with the
specifications of the FSN. Such eligibility may be based on actions that the bidder has already undertaken
or actions that it has committed to undertake in the future, provided that BOEM has agreed to the terms
by which such a commitment will be made. BOEM may offer bidding credits for any of the following:
30 CFR 585.216(b) (enhanced display)

page 29 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.216(b)(1)

(1) Power purchase agreements;
(2) Eligibility for, or applicability of, renewable energy credits or subsidies;
(3) Development agreements by a potential lessee that facilitate shared transmission solutions and grid
interconnection;
(4) Technical merit, timeliness, or financing and economic considerations;
(5) Environmental considerations, public benefits, or compatibility with State and local needs;
(6) Agreements or commitments by the developer that would facilitate OCS renewable energy
development or other OCSLA goals; or
(7) Any other factor or criteria to further development of offshore renewable energy, as identified by
BOEM in the PSN and FSN.
(c) Before the auction, bidders seeking to use bidding credits must establish that they meet the eligibility
criteria for each bidding credit according to the FSN provisions.
(d) Before the auction, BOEM will determine each bidder's eligibility for bidding credits, and the value of those
bidding credits, and will inform each eligible bidder of the value of the bidding credits to which it may be
entitled.
(e) A provisional winner who is awarded bidding credits must pay an amount equal to the cash component of
its winning bid less any bid deposit retained by BOEM under § 585.501.

§§ 585.217-585.219 [Reserved]
COMPETITIVE LEASE AWARD PROCESS—AUCTION PROVISIONS
§ 585.220 How will BOEM award leases competitively?
(a) BOEM will award leases competitively using an objective, fair, reasonable, and competitive auction
process that provides a fair return to the United States. As described in the FSN, leases will be awarded to
the highest bidder.
(b) BOEM may use any analog or digital method to conduct the auction. The specific process and procedural
details for each auction will be noticed in the PSN and finalized in the FSN.

§ 585.221 What general provisions apply to all auctions?
(a) If BOEM determines competitive interest exists to develop a renewable energy resource in any OCS area
and decides to issue a lease for that area, BOEM will conduct an auction to award the lease.
(b) The auction's format, procedures, and other details will be specified in the FSN, as outlined in § 585.214.
Possible auction formats include, but are not limited to, sealed bidding and ascending bidding.
(c) The FSN will specify the potential use of alternatives if the primary auction method, system, or
mechanism malfunctions. Alternatively, BOEM may take action consistent with paragraph (d) of this
section until the malfunction is resolved.
(d) Any time before a provisional winner is determined, BOEM may delay, suspend, or cancel an auction due
to a natural or man-made disaster, technical malfunction, security breach, unlawful bidding activity,
administrative necessity, or any other reason that BOEM determines may adversely affect the fair and
30 CFR 585.221(d) (enhanced display)

page 30 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.221(e)

efficient conduct of the auction. In its discretion, BOEM may restart the auction at whatever point it deems
appropriate, reasonable, fair, and efficient for all participants; or, alternatively, BOEM may cancel the
auction in its entirety.
(e) BOEM will determine the provisional winner for each lease area under the auction rules and bidding
procedures prescribed in the FSN.

§ 585.222 What other auction rules must bidders follow?
(a) Bidders must submit a deposit to participate in an auction under § 585.501(a), unless otherwise specified
in the FSN. A provisional winner's bid deposit will be credited toward the balance due on its bid.
(b) Only bidders qualified by BOEM under §§ 585.107 and 585.108 are permitted to bid during an auction.
(c) Only an authorized agent may act on a bidder's behalf during an auction. Bidders must submit the names
of their authorized agents to BOEM before the auction, as prescribed in the FSN.
(d) Each bidder must follow the auction process specified in the FSN and may not take any action to disrupt
or alter the process beyond its intended function.
(e) A bidder is responsible for immediately contacting BOEM if it is unable to submit its bid for any reason
during an auction. If a bidder fails to timely notify BOEM of its inability to bid, it may not dispute the
auction or lease award on that basis. If a bidder timely notifies BOEM of its inability to submit a bid,
BOEM, in its discretion, may suspend the auction, continue the auction using an alternative method, or
continue the auction without the participation of the affected bidder.

§ 585.223 What supplemental information will BOEM provide in a PSN and FSN?
(a) In addition to the information described in §§ 585.213 and 585.214, BOEM may provide the following
auction information, as appropriate, in the PSN and FSN:
(1) Bidding instructions, procedures, and systems, including the bid variables. How the auction will be
conducted and what systems and procedures will be utilized.
(2) Bid deposit. The amount a bidder must pay under § 585.501(a) to be eligible to bid. The FSN will
prescribe the process and deadline for submitting a bid deposit.
(3) Mock auction. Notice of a practice auction before the actual auction. Only bidders eligible for the
actual auction will be permitted to participate in the mock (i.e., practice) auction.
(4) Auction date, starting time and location. The starting time will include the relevant time zone, and the
location will indicate where the auction will take place.
(5) Minimum bid. The price at which the bidding will start.
(6) Information BOEM will release to bidders between rounds. This information may include prior round
results and other updates.
(7) Tie-breaking provision. This provision describes the method that BOEM will use to break a tie
between two or more identical high bids offered for the same lease area, or package of lease areas.
(8) Next highest bidder. The method that BOEM will use to determine the next highest bidder of a
completed auction in the event the provisional winner fails to meet its obligations or is unable to
acquire a lease for any reason, or if a competitively issued lease or any portion thereof is
relinquished or cancelled within six months of the auction.
30 CFR 585.223(a)(8) (enhanced display)

page 31 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.223(b)

(b) The list in paragraph (a) of this section is not exhaustive. BOEM may include in the FSN any other
information relevant to that auction.

COMPETITIVE LEASE AWARD PROCESS—POST-AUCTION PROVISIONS
§ 585.224 What will BOEM do after the auction?
(a) At the conclusion of the auction, BOEM will:
(1) Declare the bidding closed.
(2) Assess whether the bids meet the requirements of BOEM's regulations and the FSN. BOEM may
disqualify bids based on this review.
(3) Under 43 U.S.C. 1337(c), provide the Department of Justice, in consultation with the Federal Trade
Commission, the opportunity to conduct an antitrust review of the lease sale results. BOEM may
disqualify bids based on the results of this review.
(4) BOEM will declare the provisional winner of each lease area.
(b) BOEM may reject any and all bids received, regardless of the amount offered.
(c) BOEM will accept or reject bids within 90 calendar days of auction closure; BOEM may extend that time by
notice to bidders within 15 calendar days before the 90 calendar day period ends.
(d) BOEM will deem rejected any bid not accepted within the 90 calendar-day period, or any extension. BOEM
will provide each rejected bidder a written explanation for the rejection and will refund, without interest,
any monies deposited by the rejected bidder.
(e) BOEM may withdraw all or part of a lease area from the lease sale between auction closure and lease
execution. In the event that a portion of the lease area is withdrawn, the provisional winner has the option
to refuse the lease without penalty, to propose new lease terms for BOEM's concurrence, or to accept the
lease with the reduced area.
(f) BOEM may re-auction any lease area or portions thereof that remain unsold at the conclusion of an
auction. BOEM may restart the competitive leasing process at any point in the process set forth in §
585.210 that it deems reasonable and appropriate (e.g., Call, area identification, PSN, or FSN).

§ 585.225 What happens if BOEM accepts a bid?
(a) BOEM will identify and notify the lease area's provisional winner of the amount due on each winning bid,
which equals the cash component of the provisional winner's bid less its bid deposit retained by BOEM
under § 585.501. BOEM will provide an unsigned copy of the lease to the provisional winner.
(b) Within 10 business days after receipt of the unsigned copy, or as otherwise specified by BOEM under
paragraph (d) of this section, the provisional winner must:
(1) Execute the lease and return it to BOEM;
(2) File financial assurance as required by §§ 585.516 through 585.529; and
(3) Pay the amount due.
(c) When the bid deposit exceeds the amount due, BOEM will refund the overage without interest.

30 CFR 585.225(c) (enhanced display)

page 32 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.225(d)

(d) A provisional winner may request in writing an extension of the 10-day time limit in paragraph (b) of this
section. BOEM, in its discretion, may grant such a request.
(e) BOEM will execute the lease by signing the lease on behalf of the United States only after the provisional
winner completes the requirements in paragraph (b) of this section and any appeals timely filed under §
585.118(c)(1) have been resolved. After BOEM executes the lease, the provisional winner becomes the
winning bidder, and BOEM will send the winning bidder an electronic version of the fully executed copy of
the lease. The lease takes effect as set forth in § 585.237.
(f) The winning bidder must pay the first 12 months' rent under § 585.503(a) within 45 calendar days after
receiving a copy of the executed lease from BOEM.
(g) In the event that a lessee does not meet the commitments it made to obtain any bidding credits, the
lessee will be required to repay the value of the bidding credits that it received adjusted for inflation.

§ 585.226 What happens if the provisional winner fails to meet its obligations?
(a) If BOEM determines that a provisional winner has failed to timely complete the steps outlined in §
585.225(b) or § 585.316, or has otherwise failed to comply with applicable laws, regulations, or FSN
provisions, BOEM may take one or more of the following actions:
(1) Decline to execute the applicable lease.
(2) Decline to execute the lease for any other lease areas that the provisional winner won during the
auction.
(3) Require forfeiture of the bid deposit. In the event the bid deposit exceeds the amount of the winning
bid, BOEM would limit the required forfeiture to the lesser amount.
(4) Refer the matter to the Department of the Interior's Administrative Remedies Division for suspension
or debarment review pursuant to 2 CFR part 180 as implemented at 2 CFR part 1400.
(5) Pursue any other remedy available.
(b) If BOEM declines to execute a lease with the provisional winner under paragraph (a) of this section, BOEM
may decide to select a new provisional winner by either repeating the auction under § 585.224(f), or
pursuant to the procedures in § 585.223(a)(8), by selecting the next highest bid submitted during the
auction, or by using other procedures specified in the FSN.
(c) BOEM's decisions under this section are appealable under § 585.118.

§§ 585.227-585.229 [Reserved]
NONCOMPETITIVE LEASE AWARD PROCESS
§ 585.230 May I request a lease if there is no Call?
You may submit an unsolicited request for a commercial lease or a limited lease under this part. Your unsolicited
request must contain the following information:
(a) The area you are requesting for lease.
(b) A general description of your objectives and the facilities that you would use to achieve those objectives.
(c) A general schedule of proposed activities including those leading to commercial operations.
30 CFR 585.230(c) (enhanced display)

page 33 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.230(d)

(d) Available and pertinent data and information concerning renewable energy and environmental conditions
in the area of interest, including energy and resource data and information used to evaluate the area of
interest. BOEM will withhold trade secrets and commercial or financial information that is privileged or
confidential from public disclosure under exemption 4 of the FOIA and as provided in § 585.114.
(e) If available from the appropriate State or local government authority, a statement that the proposed
activity conforms with State and local energy planning requirements, initiatives, or guidance.
(f) Documentation showing that you meet the qualifications to become a lessee, as specified in §§ 585.107
and 585.108.
(g) An acquisition fee, as specified in § 585.502(a).

§ 585.231 Will BOEM issue leases noncompetitively?
(a) BOEM will consider unsolicited requests for a lease on a case-by-case basis and may issue a lease
noncompetitively in accordance with this part. BOEM will issue a lease noncompetitively only if it has
determined after public notice that no competitive interest exists. BOEM will not consider an unsolicited
request for a lease under this part that is proposed in a lease area that is scheduled for a lease auction
under this part.
(b) At BOEM's discretion, BOEM may issue an RFI under § 585.116 relating to your unsolicited lease request
and will consider comments received to determine if competitive interest exists. If BOEM decides not to
issue an RFI and, therefore, not to continue processing your unsolicited lease request, it will refund your
acquisition fee.
(c) If BOEM determines that competitive interest exists in the lease area:
(1) BOEM will proceed with the competitive process set forth in §§ 585.210 through 585.226;
(2) If you submit a bid for the lease area in a competitive lease sale, your acquisition fee will be applied
to the deposit for your bonus bid; and
(3) If you do not submit a bid for the lease area in a competitive lease sale, BOEM will not refund your
acquisition fee.
(d) If BOEM determines that there is no competitive interest in a lease and that further investigation of the
area is in the public interest, it will:
(1) Publish in the FEDERAL REGISTER a determination of no competitive interest.
(2) Prepare and provide you with a written estimate of the proposed fee to pay for the processing costs
under § 585.112, including any environmental review that BOEM may require before lease issuance.
(3) Conduct environmental reviews required by Federal law and consult with affected Federal agencies,
federally recognized Indian Tribes, and State and local governments.
(e) The following deadlines apply after issuance of a determination of no competitive interest:
(1) Within 90 calendar days of receiving the written estimate of the fee, or longer (as determined at
BOEM's discretion), you must pay the fee for any environmental review under § 585.112. Failure to
pay the required fee may result in withdrawal of the determination of no competitive interest.

30 CFR 585.231(e)(1) (enhanced display)

page 34 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.231(e)(2)

(2) A determination of no competitive interest expires two years after its publication, unless BOEM
determines that it should be extended for good cause. BOEM reserves the right to withdraw a
determination of no competitive interest before it expires if BOEM determines that you have failed to
exercise due diligence in obtaining a lease.
(f) After BOEM publishes the determination of no competitive interest, you will be responsible for submitting
any consistency certification and necessary data and information in a timely manner to the applicable
State CZMA agencies and BOEM pursuant to 15 CFR part 930, subpart D.
(g) After completing its review of your lease request, BOEM may offer you a noncompetitive lease.
(h) If you accept the terms and conditions of the lease, BOEM will issue the lease. You must comply with the
terms and conditions of your lease and the applicable provisions of this part. If BOEM issues you a lease,
BOEM will send you an electronic copy of the lease form.
(1) Within 10 business days after you receive the lease you must:
(i)

Execute and return the lease; and

(ii) File financial assurance as required under §§ 585.516 through 585.529.
(2) You must pay the first 12 months' rent no later than 45 calendar days after you receive your copy of
the executed lease from BOEM under § 585.503(a)(1).
(i)

BOEM will publish in the FEDERAL REGISTER a notice announcing the issuance of your lease.

(j)

If you do not accept the terms and conditions in a timely manner, BOEM will not issue a lease.
Additionally, if you do not comply with the requirements for financial assurance, BOEM may decide not to
issue a lease. If BOEM does not issue a lease due to your noncompliance or non-acceptance, BOEM will
not refund your acquisition fee, or any fees paid under paragraph (e)(1) of this section.

§ 585.232 May I acquire a lease noncompetitively after responding to a request for information
or a Call for Information and Nominations?
(a) If you submit an area of interest for a possible lease and BOEM receives no competing submissions in
response to the RFI or Call, we may inform you that there does not appear to be competitive interest, and
ask if you wish to proceed with acquiring a lease.
(b) If you wish to proceed with acquiring a lease, you must submit your acquisition fee as specified in §
585.502(a).
(c) After receiving the acquisition fee, BOEM will follow the process outlined in § 585.231(d) through (j).

§§ 585.233-585.234 [Reserved]
COMMERCIAL AND LIMITED LEASE PERIODS
§ 585.235 What are the lease periods for a commercial lease?
(a) The lease periods within the term of your commercial lease are defined as follows:

30 CFR 585.235(a) (enhanced display)

page 35 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.235(a)(1)

(1) Preliminary period. Each commercial lease has a preliminary period of up to five years. During the
preliminary period, the lessee must submit a COP. The preliminary period begins on the effective
date of the lease and ends either when a COP is received by BOEM for review or at the expiration of
five years, whichever occurs first.
(2) COP review period. A commercial lease has a COP review period. The COP review period begins
when BOEM receives a COP from the lessee and ends upon COP approval, disapproval, or approval
with conditions pursuant to § 585.628. During the COP review period, BOEM conducts the necessary
reviews and consultations associated with the COP.
(3) Design and construction period. The design and construction period begins at COP approval and
ends when the operations period begins. During the design and construction period BSEE completes
the FDR and FIR review(s), and the lessee undertakes project construction.
(4) Operations period. A commercial lease has an operations period of 35 years; or the duration specified
in the lease; or the duration included and approved as part of your COP. The operations period begins
when the requirements of 30 CFR 285.637(a) are met through the submission of final reports and
records for your project. Additional time may be added to the operations period through a lease
suspension under § 585.415 issued during this period; a lease extension requested pursuant to
paragraph (b) of this section; or a lease renewal under § 585.425.
(b) You may request an extension of any of the lease periods outlined in paragraph (a) of this section for
good cause, including if the project is designed and verified for a longer duration. In its discretion, BOEM
may approve your request.
(c) If you intend to develop your lease in phases under § 585.238, you must propose lease period schedules
for each phase in your COP.
(d) If you intend to segregate or consolidate your lease under §§ 585.408 through 585.413, you and your
assignees may propose lease period schedules in your segregation or consolidation application.

§ 585.236 If I have a limited lease, how long will my lease remain in effect?
(a) For limited leases, the lease periods are as shown in the following table:

Lease period

Extension or suspension

Requirements

(1) Each limited lease has a preliminary period
of 12 months within which to submit a GAP. The
preliminary period begins on the effective date
of the lease

If we receive a GAP that
satisfies the requirements of §§
585.640 through 585.648, the
preliminary period will be
automatically extended for the
period of time necessary for us
to conduct a technical and
environmental review of the GAP

The GAP
must meet
the
requirements
of §§ 585.640
through
585.648.

(2) Each limited lease has an operations period
as specified by BOEM (if the lease is issued
competitively) or negotiated with the applicant
(if the lease is issued noncompetitively). In

We may order or grant a
suspension of the operations
period as provided in §§
585.415 through 585.421

30 CFR 585.236(a) (enhanced display)

page 36 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Lease period

30 CFR 585.236(b)

Extension or suspension

Requirements

either case, the duration of the operations period
will depend on the intended use of the lease.
The operations period begins on the date that
we approve your GAP

(b) You may request an extension of any of the lease periods outlined in paragraph (a) of this section for
good cause. In its discretion, BOEM may approve your request.

§ 585.237 What is the effective date of a lease?
(a) A lease issued under this part must be dated and becomes effective as of the first day of the month
following the date a lease is signed by the lessor.
(b) If the lessee submits a written request and BOEM approves, a lease may be dated and become effective
the first day of the month in which it is signed by the lessor.

§ 585.238 May I develop my commercial lease in phases?
In your COP, you may request development of your commercial lease in phases. In support of your request, you
must provide details as to what portions of the lease will be initially developed for commercial operations and what
portions of the lease will be reserved for subsequent phased development. You must also propose a lease period
schedule for each phase described in your COP in accordance with § 585.235(c). BOEM may condition its approval
of subsequent phases described in a phased development COP.

§ 585.239 Are there any other renewable energy research activities that will be allowed on the
OCS?
(a) The Director may issue OCS leases, ROW grants, and RUE grants to a Federal agency or a State for
renewable energy research activities that support the future production, transportation, or transmission of
renewable energy.
(b) In issuing leases, ROW grants, and RUE grants to a Federal agency or a State on the OCS for renewable
energy research activities under this section, BOEM will coordinate and consult with other relevant Federal
agencies, affected federally recognized Indian Tribes, any other affected State(s), and affected local
government executives.
(c) BOEM may issue leases, RUEs, and ROWs for research activities managed by a Federal agency or a State
only in areas for which the Director has determined, after public notice and opportunity to comment, that
no competitive interest exists.
(d) The Director and the head of the Federal agency or the Governor of a requesting State, or their authorized
representatives, will negotiate the terms and conditions of such renewable energy leases, RUEs, or ROWs
under this section on a case-by-case basis. The framework for such negotiations, and standard terms and
conditions of such leases, RUEs, or ROWs may be set forth in a memorandum of agreement (MOA) or
other agreement between BOEM and a Federal agency or a State. The MOA must include the agreement
of the head of the Federal agency or the Governor to assure that all subcontractors comply with this part
and 30 CFR part 285, other applicable laws, and terms and conditions of such leases or grants.
30 CFR 585.239(d) (enhanced display)

page 37 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.239(e)

(e) Any lease, RUE, or ROW that BOEM issues to a Federal agency or to a State that authorizes access to an
area of the OCS for research activities managed by a Federal agency or a State must include:
(1) Requirements to comply with all applicable Federal laws; and
(2) Requirements to comply with this part and 30 CFR part 285, except as otherwise provided in the
lease or grant.
(f) BOEM will issue a public notice of any lease, RUE, or ROW issued to a Federal agency or to a State, or an
approved MOA for such research activities.
(g) BOEM will not charge any fees for the purpose of ensuring a fair return for the use of such research areas
on the OCS.

§§ 585.240-585.299 [Reserved]
Subpart D—Right-of-Way (ROW) Grants and Right-of-Use and Easement (RUE) Grants for
Renewable Energy Activities
Source: 89 FR 42735, May 15, 2024, unless otherwise noted.

ROW GRANTS AND RUE GRANTS
§ 585.300 What types of activities are authorized by ROW grants and RUE grants issued under
this part?
(a) A ROW grant authorizes the holder to install on the OCS cables, pipelines, and associated facilities that
involve the transportation or transmission of electricity or other energy product from renewable energy
projects.
(b) A RUE grant authorizes the holder to construct and maintain facilities or other installations on the OCS
that support the production, transportation, or transmission of electricity or other energy product from any
renewable energy resource.
(c) You do not need a ROW grant or RUE grant for a project easement authorized under § 585.200(b) to serve
your lease.

§ 585.301 What do ROW grants and RUE grants include?
(a) A ROW grant:
(1) Includes the full length of the corridor on which a cable, pipeline, or associated facility is located;
(2) Is of a width sufficient to accommodate potential changes at the design and installation phases of
the project, with an option for the grant holder to relinquish unused portions of the ROW after
construction is complete; and
(3) For the associated facilities, is limited to the area reasonably necessary for a power or pumping
station or other facilities requested.
(b) A RUE grant includes the site on which a facility or other structure is located and the areal extent of
anchors, chains, and other equipment associated with a facility or other structure. The specific
boundaries of a RUE will be determined by BOEM on a case-by-case basis and set forth in each RUE grant.
30 CFR 585.301(b) (enhanced display)

page 38 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.302

§ 585.302 What are the general requirements for ROW grant and RUE grant holders?
(a) To acquire a ROW grant or RUE grant, you must provide evidence that you meet the qualifications set forth
in §§ 585.107 and 585.108.
(b) A ROW grant or RUE grant is subject to the following conditions:
(1) The rights granted will not prevent the granting of other rights by the United States, either before or
after the granting of the ROW or RUE, provided that any subsequent authorization issued by BOEM in
the area of a previously issued ROW grant or RUE grant may not unreasonably interfere with
activities approved or impede existing operations under such a grant; and
(2) The holder agrees that the United States, its lessees, or other ROW grant or RUE grant holders may
use or occupy any part of the ROW grant or RUE grant not actually occupied or necessarily incident
to its use for any necessary activities.

§ 585.303 How long will my ROW grant or RUE grant remain in effect?
The periods within the term of your grant are defined as follows:
(a) Each ROW or RUE grant has a preliminary period of 12 months from the effective date of the ROW or RUE
grant within which to submit a GAP. The preliminary period begins on the effective date of the grant. You
must submit a GAP no later than the end of the preliminary period for your grant to remain in effect.
However, you may submit a GAP before the issuance of your ROW or RUE grant.
(b) Each ROW or RUE grant has an operations period as set by BOEM (if the grant is issued competitively) or
negotiated with the applicant (if the grant is issued noncompetitively). In either case, the duration of the
operations period will depend on the intended use of the grant. The operations period begins on the date
that we approve your GAP.
(c) You may request an extension of any of the grant periods outlined in paragraphs (a) and (b) of this section
for good cause. In its discretion, BOEM may approve your request.

§ 585.304 [Reserved]
OBTAINING ROW GRANTS AND RUE GRANTS
§ 585.305 How do I request a ROW grant or a RUE grant?
You must submit a request for a new or modified ROW grant or RUE grant to BOEM pursuant to § 585.111. You
must submit a separate request for each ROW grant or RUE grant you are requesting. The request must contain the
following information:
(a) The area you are requesting for a ROW grant or RUE grant.
(b) A general description of your objectives and the facilities that you would use to achieve those objectives.
(c) A general schedule of proposed activities.
(d) Pertinent information concerning environmental conditions in the area of interest.

30 CFR 585.305(d) (enhanced display)

page 39 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.306

§ 585.306 What action will BOEM take on my request?
BOEM will consider requests for ROW grants and RUE grants on a case-by-case basis and may issue a grant
competitively, as provided in § 585.308, or noncompetitively if we determine after public notice that there is no
competitive interest. BOEM will coordinate and consult with relevant Federal agencies, the Governor of any affected
State, and the executive of any affected local government.
(a) In response to an unsolicited request for a ROW grant or RUE grant, BOEM will first determine if there is
competitive interest, as provided in § 585.307.
(b) If BOEM determines there is no competitive interest in a ROW or RUE grant, BOEM will publish a notice in
the FEDERAL REGISTER of such determination. After BOEM publishes this notice, you are responsible for
submitting any required consistency certification and necessary data and information in a timely manner
to BOEM and the applicable State CZMA agency pursuant to 15 CFR part 930, subpart D. BOEM may
establish terms and conditions for a noncompetitive grant and offer the grant to you:
(1) If you accept the terms and conditions of the grant, BOEM will issue the grant.
(2) If you do not accept the terms and conditions of the grant, BOEM may agree to modify the terms and
conditions or may decide not to issue the grant.

§ 585.307 How will BOEM determine whether competitive interest exists for ROW grants and
RUE grants?
To determine whether or not there is competitive interest:
(a) We will publish a public notice, generally describing the parameters of the project, to give affected and
interested parties an opportunity to comment on the proposed ROW grant or RUE grant area.
(b) We will evaluate any comments received on the notice and make a determination of the level of
competitive interest.
(c) BOEM may consider a State's or Regional Transmission Operator/Independent System Operator's process
that identifies a transmission project that needs a ROW and/or a RUE grant to achieve its intended
purpose. BOEM may determine that there is no competitive interest that would be consistent with
OCSLA's goal of allowing the expeditious and orderly development of OCS energy projects, if offering the
ROW and/or RUE competitively could challenge the viability of the transmission project intended to be
located on State submerged lands and the OCS (e.g., technical and economic feasibility or practicality
concerns, including significant delays, by having different entities holding the right to develop the
transmission project in State submerged lands and the OCS).

§ 585.308 How will BOEM conduct an auction for ROW grants and RUE grants?
(a) If BOEM determines that there is competitive interest, we will:
(1) Publish a notice of each grant auction in the FEDERAL REGISTER describing auction procedures,
allowing interested persons 30 days to comment; and
(2) Conduct a competitive auction for issuing the ROW grant or RUE grant. The auction process for ROW
grants and RUE grants will be conducted following the same process for leases set forth in §§
585.210 through 585.226.
(b) If you are the successful bidder in an auction, you must pay the first year's rent, as provided in § 585.316.
30 CFR 585.308(b) (enhanced display)

page 40 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.309

§ 585.309 What is the effective date of a ROW grant or a RUE grant?
Your ROW grant or RUE grant becomes effective on the date established by BOEM on the ROW grant or RUE grant
instrument.

§§ 585.310-585.314 [Reserved]
FINANCIAL REQUIREMENTS FOR ROW GRANTS AND RUE GRANTS
§ 585.315 What deposits are required for a competitive ROW grant or RUE grant?
(a) You must make a deposit, as required in § 585.501(a), regardless of whether the auction is a sealed-bid,
oral, electronic, or other auction format. BOEM will specify in the sale notice the official to whom you must
submit the payment, the time by which the official must receive the payment, and the forms of acceptable
payment.
(b) If your high bid is rejected, we will provide a written statement of reasons.
(c) For all rejected bids, we will refund, without interest, any money deposited with your bid.

§ 585.316 What payments are required for ROW grants or RUE grants?
Before we issue the ROW grant or RUE grant, you must pay:
(a) Any balance on accepted high bids to Office of Natural Resources Revenue (ONRR), as provided in the
sale notice.
(b) An annual rent for the first year of the grant, as specified in § 585.508.

§§ 585.317-585.399 [Reserved]
Subpart E—Lease and Grant Administration
Source: 89 FR 42736, May 15, 2024, unless otherwise noted.

§§ 585.400-585.404 [Reserved]
DESIGNATION OF OPERATOR
§ 585.405 How do I designate an operator?
(a) If you intend to designate an operator who is not the lessee or grant holder, you must identify the
proposed operator in your SAP (under § 585.610(a)(3)), COP (under § 585.626(a)(2)), or GAP (under §
585.645(a)(2)), as applicable. If no operator is designated in a SAP, COP, or GAP, BOEM will deem the
lessee or grant holder to be the operator.
(b) An operator must be designated in any SAP, COP, or GAP if there is more than one lessee or grant holder
for any individual lease or grant.

30 CFR 585.405(b) (enhanced display)

page 41 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.405(c)

(c) Once approved in your plan, the designated operator is authorized to act on your behalf and required to
perform activities necessary to comply with the OCS Lands Act, the lease or grant, and the regulations in
this part.
(d) You, or your designated operator, must immediately provide BOEM with a written notification of change of
address of the lessee or operator.
(e) If there is a change in the designated operator, you must provide written notice to BOEM and identify the
new designated operator within 72 hours on a form approved by BOEM. The lessee(s) or grantee(s) is the
operator and responsible for compliance until BOEM approves designation of the new operator.
(f) Designation of an operator under any lease or grant issued under this part does not relieve the lessee or
grant holder of its obligations under this part or its lease or grant.
(g) A designated operator performing activities on the lease must comply with all regulations governing those
activities and may be held liable or penalized for any noncompliance during the time it was the operator,
notwithstanding its subsequent resignation.

§ 585.406 Who is responsible for fulfilling lease and grant obligations?
(a) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and
severally responsible for fulfilling your obligations under the lease or grant and the provisions of this part
and 30 CFR part 285, unless otherwise provided in this part.
(b) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part,
BOEM may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other
operational obligations under the OCS Lands Act, the lease, grant, or this part.
(c) Whenever the regulations in this part require the lessee or grantee to conduct an activity in a prescribed
manner, the lessee or grantee and operator (if one has been designated) are jointly and severally
responsible for complying with this part.

§ 585.407 [Reserved]
LEASE OR GRANT ASSIGNMENT, SEGREGATION, AND CONSOLIDATION
§ 585.408 May I assign my lease or grant interest?
(a) You may assign all or part of your lease or grant interest, including record title, to one or more parties,
subject to BOEM approval under this subpart. Each instrument that creates or transfers an interest must
describe the entire tract or describe by officially designated subdivisions the interest you propose to
create or transfer. Your application to assign a lease or grant may include a request to modify the existing
lease or grant period schedule consistent with § 585.235(d).
(b) If you submit an application to assign a lease or grant, you will continue to be responsible for payments
that are or become due on the lease or grant until the date BOEM approves the assignment.
(c) The assignment takes effect on the first day of the month following the date on which BOEM approves
your request, unless you request an earlier effective date and BOEM approves that earlier date, but such
earlier effective date, if prior to the date of BOEM's approval, does not relieve you of your obligations
accrued between that earlier effective date and the date of approval.

30 CFR 585.408(c) (enhanced display)

page 42 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.408(d)

(d) You do not need to request an assignment for business mergers, name changes, or changes of business
form. You must notify BOEM of these events under § 585.110.

§ 585.409 How do I request approval of a lease or grant assignment?
(a) You must request approval of each assignment on a form approved by BOEM and submit originals of
each instrument that creates or transfers ownership of record title or certified copies thereof within 90
days after the last party executes the transfer agreement.
(b) Any assignee will be subject to all the terms and conditions of your original lease or grant, including the
requirement to furnish financial assurance in the amount required in §§ 585.516 through 585.537.
(c) The assignee must submit proof of eligibility and other qualifications specified in §§ 585.107 and
585.108.
(d) Persons executing on behalf of the assignor and assignee must furnish evidence of authority to execute
the assignment.

§ 585.410 When will my assignment result in a segregated lease?
(a) When there is an assignment by all record title owners of 100 percent of the record title to one or more
aliquots in a lease, the assigned and retained portions become segregated into separate and distinct
leases. In such a case, both the new lease and the remaining portion of the original lease are referred to
as “segregated leases” and the assignee becomes the record title owner of the new lease, which is
subject to all the terms and conditions of the original lease. The financial assurance requirements of
subpart F of this part apply separately to each segregated lease.
(b) If a record title owner transfers an undivided interest of less than 100 percent of the record title interest in
any given aliquot, that transfer will not segregate the portions of that aliquot, or the whole aliquot, in
which part of the record title was transferred, into a separate lease from the portions in which no interest
was transferred. Instead, that transfer will create a joint ownership between the assignee and assignor in
the portions of the lease in which part of the record title interest was transferred.
(c) When a lease becomes segregated, BOEM may issue separate Plan approvals for a segregated lease or
take other actions within its discretion.

§ 585.411 How does an assignment affect the assignor's liability?
As assignor, you are liable for all obligations, monetary and nonmonetary, that accrued under your lease or grant
before BOEM approves your assignment. Our approval of the assignment does not relieve you of these accrued
obligations. BOEM may require you to bring the lease or grant into compliance to the extent the obligation accrued
before the effective date of your assignment if your assignee or subsequent assignees fail to perform any
obligation under the lease or grant.

§ 585.412 How does an assignment affect the assignee's liability?
(a) As assignee, you are liable for all lease or grant obligations that accrue after BOEM approves the
assignment. As assignee, you must comply with all the terms and conditions of the lease or grant and all
applicable regulations, remedy all existing environmental and operational problems on the lease or grant,
and comply with all decommissioning requirements under 30 CFR part 285, subpart I.

30 CFR 585.412(a) (enhanced display)

page 43 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.412(b)

(b) Assignees are bound to comply with each term or condition of the lease or grant and the regulations in
this part and 30 CFR part 285. You are jointly and severally liable for the performance of all obligations
under the lease or grant and under the regulations in this part and 30 CFR part 285 with each prior and
subsequent lessee who held an interest from the time the obligation accrued until it is satisfied, unless
this part provides otherwise.

§ 585.413 How do I consolidate leases or grants?
(a) You may apply to consolidate all or part of two or more adjacent leases or grants held by the same lessee
or grant holder into one new lease or grant, subject to BOEM's approval. The application must include a
description of the leases or grants, or portions thereof, to be consolidated, including the relevant lease
number, lease blocks, and aliquots.
(b) An approved consolidation will create a new lease or grant that will be subject to the terms and conditions
of the consolidated leases or grants.
(c) To the extent the leases or grants to be consolidated have different times remaining in the relevant lease
or grant periods, BOEM will default to using the shorter remaining periods in the new lease or grant but
will consider requests for a revised lease or grant period schedule included in the consolidation
application.
(d) To the extent the leases or grants to be consolidated have other different terms and conditions, BOEM will
default to using the terms and conditions in the most recently issued lease or grant to be consolidated for
the new lease. BOEM will consider requests for modifications on a case-by-case basis and, in its
discretion, approve such requests for good cause.
(e) Before BOEM will approve your consolidation request, BOEM will assess appropriate financial assurance
obligations for the new lease or grant per §§ 585.516 and 585.517 or §§ 585.520 and 585.521.
(f) Any consolidated leases and grants that have been absorbed into the new lease or grant in their entirety
will be considered terminated at the time of consolidation approval.

§ 585.414 [Reserved]
LEASE OR GRANT SUSPENSION
§ 585.415 What is a lease or grant suspension?
(a) A suspension is an interruption of the period of your lease or grant that may occur:
(1) As approved by BOEM at your request, as provided in § 585.416; or
(2) As ordered by BOEM, as provided in § 585.417 or by BSEE as provided in 30 CFR 285.417.
(b) A lease or grant suspension extends the expiration date for the relevant period of your lease or grant for
the length of time the suspension is in effect.
(c) Activities may not be conducted on your lease or grant during the period of a suspension except as
expressly authorized under the terms of the lease or grant suspension.

§ 585.416 How do I request a lease or grant suspension?
(a) You must submit a written request to BOEM that includes the following information no later than 90
calendar days before the expiration of your appropriate lease or grant period:
30 CFR 585.416(a) (enhanced display)

page 44 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.416(a)(1)

(1) The reasons you are requesting suspension of your lease or grant, including an explanation why the
suspension is necessary.
(2) The length of additional time requested.
(3) An explanation why it is in the public interest to approve the suspension.
(4) Any other information BOEM may require.
(b) If you are unable to timely submit a COP or GAP, as required, you may request a suspension to extend the
preliminary period of your lease or grant. Your request must include a revised schedule for submission of
your COP or GAP, as appropriate.

§ 585.417 When may BOEM order a suspension?
BOEM may order a suspension under the following circumstances:
(a) When necessary to comply with judicial decrees prohibiting some or all activities under your lease; or
(b) When the suspension is necessary for reasons of national security or defense.

§ 585.418 How will BOEM issue a suspension?
(a) BOEM will issue a suspension order orally or in writing.
(b) BOEM will send you a written suspension order as soon as practicable after issuing an oral suspension
order.
(c) The written order will explain the reasons for its issuance and describe the effect of the suspension order
on your lease or grant and any associated activities. BOEM may authorize certain activities during the
period of the suspension, as set forth in the suspension order.

§ 585.419 What are my immediate responsibilities if I receive a suspension order?
You must comply with the terms of a suspension order upon receipt and take any action prescribed within the time
set forth therein.

§ 585.420 What effect does a suspension order have on my payments?
(a) While BOEM evaluates your request for a suspension under § 585.416, you must continue to fulfill your
payment obligation until the end of the original term of your lease or grant. If our evaluation goes beyond
the end of the original term of your lease or grant, the term of your lease or grant will be extended for the
period of time necessary for BOEM to complete its evaluation of your request, but you will not be required
to make payments during the time of the extension.
(b) If BOEM approves your request for a suspension under § 585.416, or orders a suspension under §
585.417, BOEM may waive or defer your payment obligations during the suspension. BOEM's decision to
waive or defer payments will depend on the reasons for the suspension, including your responsibility for
the circumstances necessitating a suspension.

§ 585.421 How long will a lease or grant suspension be in effect?
A lease or grant suspension will be in effect for the period specified by BOEM.

30 CFR 585.421 (enhanced display)

page 45 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.421(a)

(a) BOEM will not approve a lease or grant suspension request pursuant to § 585.416 for a period longer than
2 years.
(b) If BOEM determines that the circumstances giving rise to a suspension ordered under § 585.417 cannot
be resolved within 5 years, the Secretary may initiate cancellation of the lease or grant.

LEASE OR GRANT CANCELLATION
§ 585.422 When can my lease or grant be canceled?
(a) The Secretary will cancel any lease or grant issued under this part upon proof that it was obtained by
fraud or misrepresentation, and after notice and opportunity to be heard has been afforded to the lessee
or grant holder.
(b) The Secretary may cancel any lease or grant issued under this part when:
(1) The Secretary determines after notice and opportunity for a hearing that, with respect to the lease or
grant that would be canceled, the lessee or grantee has failed to comply with any applicable
provision of the OCS Lands Act or this part; any order of the Director; or any term, condition, or
stipulation contained in the lease or grant, and that the failure to comply continued 30 days (or other
period BOEM specifies) after you receive notice from BOEM. The Secretary will mail a notice by
registered or certified letter to the lessee or grantee at its record post office address;
(2) The Secretary determines after notice and opportunity for a hearing that you have terminated
commercial operations under your COP, as provided in § 585.635, or other approved activities under
your GAP, as provided in § 585.656;
(3) Required by national security or defense; or
(4) The Secretary determines after notice and opportunity for a hearing that continued activity under the
lease or grant:
(i)

Would cause serious harm or damage to natural resources; life (including human and wildlife);
property; the marine, coastal, or human environment; or sites, structures, or objects of historical
or archaeological significance; and

(ii) That the threat of harm or damage would not disappear or decrease to an acceptable extent
within a reasonable period of time; and
(iii) The advantages of cancellation outweigh the advantages of continuing the lease or grant in
force.

§§ 585.423-585.424 [Reserved]
LEASE OR GRANT RENEWAL

30 CFR 585.423-585.424 (enhanced display)

page 46 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.425

§ 585.425 May I obtain a renewal of my lease or grant before it terminates?
You may request renewal of the operations period of your lease or the original authorized period of your grant.
BOEM, at its discretion, may approve a renewal request to conduct substantially similar activities as were originally
authorized under the lease or grant. BOEM will not approve a renewal request that involves development of a type of
renewable energy not originally authorized in the lease or grant. BOEM may revise or adjust payment terms of the
original lease, as a condition of lease renewal.

§ 585.426 When must I submit my request for renewal?
(a) You must request a renewal from BOEM:
(1) No later than 180 days before the termination date of your limited lease or grant.
(2) No later than two years before the termination date of the operations period of your commercial
lease.
(b) You must submit to BOEM all information we request pertaining to your lease or grant and your renewal
request.

§ 585.427 How long is a renewal?
BOEM will set the length of the renewal at the time of renewal on a case-by-case basis.
(a) For commercial leases, the length of the renewal will not exceed the original operations period unless a
longer time is negotiated by the parties.
(b) For limited leases, the length of the renewal will not exceed the original operations period.
(c) For RUE and ROW grants, a renewal will continue for as long as the associated activities are conducted
and facilities properly maintained and used for the purpose for which the grant was made, unless
otherwise expressly stated.

§ 585.428 What effect does applying for a renewal have on my activities and payments?
If you timely request a renewal:
(a) You may continue to conduct activities approved under your lease or grant under the original terms and
conditions for as long as your request is pending decision by BOEM.
(b) You may request a suspension of your lease or grant, as provided in § 585.416, while we consider your
request.
(c) For the period BOEM considers your request for renewal, you must continue to make all payments in
accordance with the original terms and conditions of your lease or grant.

§ 585.429 What criteria will BOEM consider in deciding whether to renew a lease or grant?
BOEM will consider the following criteria in deciding whether to renew a lease or grant:
(a) Design life of existing technology.
(b) Availability and feasibility of new technology.
(c) Environmental and safety record of the lessee or grantee.
30 CFR 585.429(c) (enhanced display)

page 47 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.429(d)

(d) Operational and financial compliance record of the lessee or grantee.
(e) Competitive interest and fair return considerations.
(f) Effects of the lease or grant on generation capacity and reliability within the regional electrical distribution
and transmission system.
(g) Other relevant factors, as appropriate.

§§ 585.430-585.431 [Reserved]
LEASE OR GRANT TERMINATION
§ 585.432 When does my lease or grant terminate?
Your lease or grant terminates on whichever of the following dates occurs first:
(a) The expiration of the applicable period of your lease or grant, unless the relevant period is extended under
§ 585.235(b) or § 585.236(b), a request for renewal of your lease or grant is pending a decision by BOEM,
or your lease or grant is suspended or renewed as provided in this subpart, in which case it terminates on
the date set forth in the notice of suspension or renewal;
(b) A cancellation, as set forth in § 585.422; or
(c) Relinquishment, as set forth in § 585.435.

§ 585.433 What must I do after my lease or grant terminates?
(a) After your lease or grant terminates, you must:
(1) Make all payments due, including any accrued rentals and deferred bonuses; and
(2) Perform any other outstanding obligations under the lease or grant within 6 months.
(b) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities,
installations, and other devices permanently or temporarily attached to the seabed on the OCS in
accordance with your BOEM-issued lease for hydrokinetic facilities or an application approved by BSEE
under 30 CFR part 285, subpart I.
(c) If you fail to comply with your BOEM-issued lease for hydrokinetic facilities or decommissioning
application:
(1) BOEM may call for the forfeiture of your financial assurance; and
(2) You remain liable for removal or disposal costs and responsible for accidents or damages that might
result from such failure.

§ 585.434 When may BOEM authorize facilities to remain in place following termination of a
lease or grant?
(a) In your decommissioning application that you submit to BSEE in accordance with 30 CFR 285.905 and
285.906, you may request that certain facilities authorized in your lease or grant remain in place for
activities authorized in this part, elsewhere in this subchapter, or by other applicable Federal laws.
(b) BOEM may approve such requests on a case-by-case basis considering the following:
30 CFR 585.434(b) (enhanced display)

page 48 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.434(b)(1)

(1) Potential impacts to the marine environment;
(2) Competing uses of the OCS;
(3) Impacts on marine safety and national defense;
(4) Maintenance of adequate financial assurance; and
(5) Other factors determined by the Director.
(c) Except as provided in paragraph (d) of this section, if BOEM authorizes facilities to remain in place, the
former lessee or grantee under this part remains jointly and severally liable for decommissioning the
facility unless satisfactory evidence is provided to BOEM showing that another party has assumed that
responsibility and has secured adequate financial assurances.
(d) In your decommissioning application, you may request that certain facilities authorized in your lease or
grant be converted to an artificial reef or otherwise toppled in place. BOEM will evaluate all such requests.

LEASE OR GRANT RELINQUISHMENT, CONTRACTION, OR CANCELLATION
§ 585.435 How can I relinquish a lease or a grant or parts of a lease or grant?
(a) You may surrender a lease or grant, or a designated subdivision thereof, by filing with BOEM a properly
completed official relinquishment form available on the BOEM website. A relinquishment takes effect on
the date BOEM receives your completed form, subject to the continued obligation of the lessee or grant
holder and the surety to:
(1) Make all payments due on the lease or grant, including any accrued rent and deferred bonuses;
(2) Decommission all facilities on the relinquished lease or grant (or portion thereof) to BSEE's
satisfaction; and
(3) Perform any other outstanding obligations under the lease or grant.
(b) After you submit a completed relinquishment form for a lease or grant, ONRR will bill you for any
outstanding payments that have accrued from obligations arising under the relinquished lease or grant.

§ 585.436 Can BOEM require lease or grant contraction?
At an interval no more frequent than every 5 years, BOEM may review your lease or grant area to determine whether
the lease or grant area is larger than needed to develop the project and manage activities in a manner that is
consistent with the provisions of this part. BOEM will notify you of our proposal to contract the lease or grant area.
(a) BOEM will give you the opportunity to present orally or in writing information demonstrating that you need
the area in question to manage lease or grant activities consistent with this part.
(b) Prior to taking action to contract the lease or grant area, BOEM will issue a decision addressing your
contentions that the area is needed.
(c) You may appeal this decision under § 585.118.

§ 585.437 [Reserved]

30 CFR 585.437 (enhanced display)

page 49 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.438

§ 585.438 What happens to leases or grants (or portions thereof) that have been relinquished,
contracted, or cancelled?
(a) If a lease or grant (or portion thereof) is relinquished, contracted, or cancelled under § 585.435, § 585.436,
or § 585.422, respectively, BOEM may restart the competitive leasing process at any point set forth in §
585.210 that it deems reasonable and appropriate (e.g., Call, area identification, PSN, or FSN), subject to
all necessary environmental analyses and consultations.
(b) If a competitively issued lease or grant (or portion thereof) is relinquished or cancelled under § 585.435 or
§ 585.422, respectively, within six months of the auction, BOEM may reoffer the lease or grant (or portion
thereof) to the next highest bidder from that auction, if one can be identified. If BOEM decides to reoffer to
the next highest bidder, the price will be the next best bid, or a prorated amount based on the size of the
relinquished share, as long as the next best bid reflects a fair return to the government.

§§ 585.439-585.499 [Reserved]
Subpart F—Payments and Financial Assurance Requirements
Source: 89 FR 42740, May 15, 2024, unless otherwise noted.

PAYMENTS
§ 585.500 How do I make payments under this part?
(a) For acquisition fees or the initial 12 months' rent paid for the preliminary period of your lease, you must
make your electronic payments through the Fees for Services page on the BOEM website at
https://www.boem.gov, and you must include one copy of the Pay.gov confirmation receipt page with your
unsolicited request.
(b) For all other required rent payments and for operating fee payments, you must make your payments as
required in 30 CFR 1218.51.
(c) The following table summarizes payments you must make for leases and grants, unless otherwise
specified in the Final Sale Notice:

Payment

Amount

Due date

Payment
Section
mechanism reference

INITIAL PAYMENTS FOR LEASES
(1) If your
Bid Deposit
lease is
issued
competitively
Bonus Balance

1

As set in Final Sale
Notice/depends on
bid

With bid

Pay.gov

§
585.501.

Within 10
business days of
receiving the

30 CFR
1218.51

§
585.225.

There is no acquisition fee for ROW grants or RUE grants.

30 CFR 585.500(c) (enhanced display)

page 50 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Payment

30 CFR 585.500(c)

Amount

Due date

Payment
Section
mechanism reference

unsigned lease
(2) If your
Acquisition Fee $0.25 per acre,
lease is
unless otherwise
issued nonset by the Director
competitively

With application

Pay.gov

§
585.502.

(3) All leases

Within 45 calendar
days after
receiving your
copy of the
executed lease
from BOEM

Pay.gov

§
585.503.

Initial Rent

$3 per acre per year

SUBSEQUENT PAYMENTS FOR LEASES AND PROJECT EASEMENTS
(4) All leases

Subsequent
Rent, unless
otherwise
provided in the
terms of the
lease

$3 per acre per year

Annually

30 CFR
1218.51

§§
585.503
and
585.504.

(5) If you
have a
project
easement

Rent, unless
otherwise
provided in the
terms of the
grant

Greater of $5 per
acre per year or
$450 per year

Upon COP or GAP
approval, then
annually

30 CFR
1218.51

§
585.507.

(6) If your
commercial
lease is
producing

Operating Fee

Determined by the
formula in §
585.506

Annually

30 CFR
1218.51

§
585.506.

Grant execution

Pay.gov

§
585.508.

Annually or in
5-year batches

30 CFR
1218.51

PAYMENTS FOR ROW GRANTS AND RUE GRANTS 1
(7) All ROW
grants and
RUE grants

Initial Rent

Subsequent
Rent
1

Greater of $5 per
acre per year or
$450 per year,
unless otherwise
established in the
grant

There is no acquisition fee for ROW grants or RUE grants.

30 CFR 585.500(c) (enhanced display)

page 51 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.501

§ 585.501 What deposits must I submit for a competitively issued lease, ROW grant, or RUE
grant?
(a) For a competitively issued lease or grant, BOEM may require a bid deposit before the auction as
established in the FSN.
(b) The provisional winner of a lease must pay the balance of its accepted bid in accordance with § 585.225.

§ 585.502 What initial payment requirements must I meet to obtain a noncompetitive lease,
ROW grant, or RUE grant?
When requesting a noncompetitive lease, you must meet the initial payment (acquisition fee) requirements of this
section, unless specified otherwise in your lease instrument. No initial payment is required when requesting
noncompetitive ROW grants and RUE grants.
(a) If you request a noncompetitive lease, you must submit an acquisition fee of $0.25 per acre, unless
otherwise set by the Director, as provided in § 585.500.
(b) If BOEM determines there is no competitive interest, we will then:
(1) Retain your acquisition fee if we issue you a lease; or
(2) Refund your acquisition fee, without interest, if we do not issue your requested lease.
(c) If we determine that there is a competitive interest in an area you requested, then we will proceed with a
competitive lease sale process provided for in subpart C of this part, and we will:
(1) Apply your acquisition fee to the required deposit for your bid amount if you submit a bid;
(2) Apply your acquisition fee to your bonus bid if you acquire the lease; or
(3) Retain your acquisition fee if you do not bid for or acquire the lease.

§ 585.503 What are the rent and operating fee requirements for a commercial lease?
(a) The rent for a commercial lease is $3 per acre per year, unless otherwise established in the FSN or lease.
(1) You must pay ONRR the first 12 months' rent no later than 45 calendar days after you receive your
copy of the executed lease from BOEM under § 585.500(c)(3).
(2) You must pay ONRR as provided in 30 CFR 1218.51 the rent due at the beginning of each subsequent
1-year period for the entire lease area until the facility begins commercial operations as specified in
§ 585.506 or as otherwise specified in the FSN or lease:
(i)

For leases issued competitively, BOEM will specify in the FSN and lease any adjustment to the
rent that will take effect during commercial operations but before the operations period.

(ii) For leases issued noncompetitively, BOEM will specify in the lease any adjustment to the rent
that will take effect during commercial operations but before the operations period.
(3) You must pay ONRR as provided in 30 CFR 1218.51 the rent due for a project easement in addition to
the lease rent as provided in § 585.507. You must commence rent payments for your project
easement upon BOEM's approval of your COP or GAP.

30 CFR 585.503(a)(3) (enhanced display)

page 52 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.503(b)

(b) After your lease begins commercial operations, you must pay the operating fees in the amount specified
in § 585.506. Regardless of whether the lease is awarded competitively or noncompetitively, BOEM will
specify in the lease when operating fees commence.

§ 585.504 How are my payments affected if I develop my commercial lease in phases?
If you develop your commercial lease in phases as approved by BOEM in your COP under § 585.238, you must pay
ONRR as provided in 30 CFR 1218.51:
(a) Rent on the portion of the lease that has not commenced commercial operations.
(b) Operating fees on the portion of the lease that has commenced commercial operations, in the amount
specified in § 585.506 and as described in § 585.503(b).
(c) Rent for a project easement in addition to lease rent, as provided in § 585.507. You must commence rent
payments for your project easement upon our approval of your COP.

§ 585.505 What are the rent and operating fee requirements for a limited lease?
(a) The rent for a limited lease is $3 per acre per year, unless otherwise established in the Final Sale Notice
and/or your lease instrument.
(b) You must pay ONRR the initial 12 months' rent 45 days after you receive the lease copies from BOEM in
accordance with the requirements provided in § 585.500(c)(3).
(c) You must pay ONRR as provided in 30 CFR 1218.51 the rent due at the beginning of each subsequent
1-year period on the entire lease area for the duration of your operations period.
(d) BOEM will not charge an operating fee for the authorized sale of power from a limited lease.

§ 585.506 What operating fees must I pay on a commercial lease?
Once you commence commercial operations, you must pay ONRR as provided in 30 CFR 1218.51 operating fees on
your commercial lease as described in § 585.503.
(a) BOEM will determine the annual operating fee for activities relating to the generation of electricity on your
lease based on the formula F = M * H * c * P * r, where:
(1) F is the dollar amount of the annual operating fee;
(2) M is the nameplate capacity expressed in megawatts;
(3) H is the number of hours in a year, equal to 8,760, used to calculate an annual payment;
(4) c is the “capacity factor” representing the anticipated efficiency of the facility's operation expressed
as a decimal between zero and one;
(5) P is a measure of the annual average wholesale electric power price expressed in dollars per
megawatt hour, as provided in paragraph (c)(2) of this section; and
(6) r is the operating fee rate expressed as a decimal between zero and one.
(b) The annual operating fee formula relating to the value of annual electricity generation is restated as:

30 CFR 585.506(b) (enhanced display)

page 53 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.506(b)

EQUATION 1 TO PARAGRAPH (b)
M
F
H
c
P
r
= (nameplate *
*
*
*
(annual operating fee)
(hours per year)
(capacity factor)
(power price)
(operating fee rate)
capacity)

30 CFR 585.506(b) (enhanced display)

page 54 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.506(c)

(c) BOEM will specify operating fee parameters in the Final Sale Notice for commercial leases issued
competitively and in the lease for those issued noncompetitively.
(1) Unless BOEM specifies otherwise, the operating fee rate “r” is 0.02 for each year the operating fee
applies when you begin commercial operations. We may apply a different fee rate for new projects
(i.e., a new generation based on new technology) after considering factors such as program
objectives, state of the industry, project type, and project potential. Also, we may agree to reduce or
waive the fee rate under § 585.510.
(2) The power price “P,” for each year when the operating fee applies, will be determined annually. The
process by which the power price will be determined will be specified in the Final Sale Notice and/or
in the lease. BOEM:
(i)

Will use the most recent annual average wholesale power price in the State in which a project's
transmission cables make landfall, as published by the Department of Energy (DOE), Energy
Information Administration (EIA), or other publicly available wholesale power price indices; and

(ii) May adjust the published average wholesale power price to reflect documented variations by
State or within a region and recent market conditions.
(3) BOEM will select the capacity factor “c” based upon applicable analogs drawn from present and
future domestic and foreign projects that operate in comparable conditions and on comparable
scales.
(i)

Upon the completion of the first year of the operations period on a lease, BOEM may adjust the
capacity factor as necessary (to accurately represent a comparison of actual production over a
given period of time with the amount of power a facility would have produced if it had run at full
capacity) in a subsequent year.

(ii) After the first adjustment, BOEM may adjust the capacity factor (to accurately represent a
comparison of actual generation over a given period of time with the amount of power a facility
would have generated if it had run at full capacity) no earlier than in 5-year intervals from the
most recent year that BOEM adjusts the capacity factor.
(iii) The process by which BOEM will adjust the capacity factor, including any calculations
(incorporating an average capacity factor reflecting actual operating experience), will be
specified in the lease. The operator or lessee may request review and adjustment of the
capacity factor under § 585.510.
(4) For the nameplate capacity “M,” BOEM will use the total installed capacity of the equipment you
install, as specified in your approved COP.
(d) You must submit all operating fee payments to ONRR in accordance with the provisions under 30 CFR
1218.51.
(e) BOEM will establish the operating fee in the Final Sale Notice or in the lease on a case-by-case basis for:
(1) Activities that do not relate to the generation of electricity (e.g., hydrogen production); and
(2) Leases issued for hydrokinetic activities requiring a FERC license.

§ 585.507 What rent payments must I pay on a project easement?
(a) You must pay rent to ONRR as provided in 30 CFR 1218.51 for your project easement in the amount of $5
per acre, subject to a minimum of $450 per year, unless specified otherwise in the lease.
30 CFR 585.507(a) (enhanced display)

page 55 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.507(a)(1)

(1) The size of the project easement will be determined according to § 585.628(g)(1).
(2) The size of a project easement area for an accessory platform is limited to the areal extent of anchor
chains and other facilities and devices associated with the accessory.
(b) You must commence rent payments for your project easement upon our approval of your COP or GAP:
(1) You must make the first rent payment as provided in § 585.500;
(2) You must submit all subsequent rent payments in accordance with the regulations at 30 CFR
1218.51; and
(3) You must continue to pay annual rent for your project easement until your lease is terminated.

§ 585.508 What rent payments must I pay on ROW grants or RUE grants associated with
renewable energy projects?
(a) For each ROW grant BOEM approves under subpart D of this part, you must pay annual rent of $5 per acre
to ONRR as provided in 30 CFR 1218.51 and as determined by § 585.301(a), but in no case less than
$450, for use of the grant, unless specified otherwise in the grant.
(b) For each RUE grant BOEM approves under subpart D of this part, you must pay rent to ONRR as provided
in 30 CFR 1218.51 in the amount of:
(1) $5 per acre per year; or
(2) A minimum of $450 per year.
(c) You must make the rent payments required by paragraphs (a) and (b) of this section on:
(1) An annual basis;
(2) For a 5-year period; or
(3) For multiples of 5 years.
(d) You must make the first annual rent payment upon approval of your ROW grant or RUE grant request, as
provided in § 585.500, and all subsequent rent payments to ONRR in accordance with the regulations at
30 CFR 1218.51.

§ 585.509 Who is responsible for submitting lease or grant payments to ONRR?
(a) For each lease, ROW grant, or RUE grant issued under this part, you must identify one person who is
responsible for all payments due and payable under the provisions of the lease or grant. The responsible
person identified is designated as the payor, and you must document acceptance of such responsibilities,
as provided in 30 CFR 1218.52.
(b) All payors must submit payments and maintain auditable records in accordance with guidance we issue
or any applicable regulations in subchapter A of this chapter. In addition, the lessee or grant holder must
also maintain such auditable records.

§ 585.510 May BOEM defer, reduce, or waive my lease or grant payments?
(a) The BOEM Director may defer, reduce, or waive the rent or operating fee or components of the operating
fee, such as the fee rate or capacity factor, when the Director determines that continued activities would
be uneconomic without the requested deferral, reduction, or waiver, or that it is necessary to encourage
continued or additional activities.
30 CFR 585.510(a) (enhanced display)

page 56 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.510(b)

(b) When requesting a deferral, reduction, or waiver, you must submit an application to BOEM that includes all
of the following:
(1) The number of the lease, ROW grant, or RUE grant involved;
(2) Name of each lessee or grant holder of record;
(3) Name of each operator;
(4) A demonstration that:
(i)

Continued activities would be uneconomic without the requested deferral, reduction, or waiver;
or

(ii) A deferral, reduction, or waiver is necessary to encourage additional activities; and
(5) Any other information required by the Director.
(c) No more than 6 years of your operations period will be subject to a full waiver of the operating fee.

§§ 585.511-585.515 [Reserved]
FINANCIAL ASSURANCE REQUIREMENTS FOR COMMERCIAL LEASES
§ 585.516 What are the financial assurance requirements for each stage of my commercial
lease?
(a) The financial assurance requirements for each stage of your commercial lease are:

Before BOEM will . .
.

You must provide . . .

(1) Execute a
A bond or other authorized financial assurance in the amount of 12 months'
commercial lease or rent.
approve an
assignment of an
existing commercial
lease.
(2) Allow you to
install facilities
approved in your
SAP

A supplemental bond or other authorized financial assurance in an amount
determined by BOEM based on the anticipated decommissioning costs of
the proposed facilities.

(3) Allow you to
install facilities
approved in your
COP

A supplemental bond or other authorized financial assurance in an amount
determined by BOEM based on anticipated decommissioning costs of the
proposed facilities. If you propose to incrementally fund your financial
assurance instrument, BOEM must approve the schedule for providing the

30 CFR 585.516(a) (enhanced display)

page 57 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Before BOEM will . .
.

30 CFR 585.516(b)

You must provide . . .
appropriate financial assurance.

(b) Each bond or other authorized financial assurance must guarantee compliance with this part, the
applicable plan approvals, and the terms and conditions of the lease.
(c) For hydrokinetic commercial leases, supplemental financial assurance may be required in an amount
determined by BOEM prior to installation of facilities pursuant to a FERC license.

§ 585.517 How will BOEM determine the supplemental financial assurance associated with
commercial leases?
(a) BOEM determines the amount of your supplemental financial assurance based on the estimated costs to
meet all accrued lease obligations, including:
(1) The projected amount of annual rent and other payments due to the United States over the next 12
months, to the extent that amount is not covered in the initial financial assurance provided in §
585.516(a)(1);
(2) Any past due rent and other payments;
(3) Other monetary obligations; and
(4) The estimated cost of facility decommissioning, as required by 30 CFR part 285, subpart I.
(b) If your cumulative potential obligations and liabilities increase or decrease, we may adjust the amount of
the supplemental financial assurance.
(1) If we propose adjusting your financial assurance amount, we will notify you of the proposed
adjustment and give you an opportunity to comment; and
(2) We may approve a reduced financial assurance amount if you request it and if the reduced amount
that you request is sufficient to cover your obligations and liabilities calculated under paragraph (a)
of this section.

§§ 585.518-585.519 [Reserved]
FINANCIAL ASSURANCE FOR LIMITED LEASES, ROW GRANTS, AND RUE GRANTS
§ 585.520 What financial assurance must I provide when I obtain my limited lease, ROW grant,
or RUE grant?
Before BOEM will execute your limited lease, ROW grant, or RUE grant, or approve an assignment of an interest
therein, you or a proposed assignee must guarantee compliance with all terms and conditions of the lease or grant
by providing a bond or other authorized financial assurance in the amount of 12 months' rent.

30 CFR 585.520 (enhanced display)

page 58 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.521

§ 585.521 Do my financial assurance requirements change as activities progress on my limited
lease or grant?
(a) BOEM may require you to increase or allow you to decrease the amount of your financial assurance as
activities progress on your limited lease or grant based on the estimated costs to meet all accrued lease
or grant obligations.
(b) The total amount of the financial assurance must be no less than the amount required to meet your
limited lease and grant obligations, including:
(1) The projected amount of rent and other payments due to the United States over the next 12 months;
(2) Any past due rent and other payments;
(3) Other monetary obligations; and
(4) The estimated cost of facility decommissioning as required by 30 CFR part 285, subpart I.
(c) If BOEM proposes adjusting the amount of your financial assurance to ensure your limited lease and grant
obligations are met, BOEM will notify you of the proposed adjustment and will provide you an opportunity
to object.
(d) You may submit a written request to BOEM to reduce the amount of your financial assurance if your
proposed amount is not less than the sum of your obligations listed in paragraph (b) of this section.
BOEM may approve your request in its discretion.
(e) You may satisfy the requirement for increased financial assurance on your limited lease or grant by
increasing the amount of your existing bond or by providing a supplemental bond or other financial
assurance.
(1) The supplemental bond or other financial assurance must meet the requirements specified in §§
585.525 through 585.529.
(2) If you propose to incrementally fund your financial assurance, BOEM must approve the schedule for
providing the appropriate financial assurance.

§§ 585.522-585.524 [Reserved]
REQUIREMENTS FOR FINANCIAL ASSURANCE INSTRUMENTS
§ 585.525 What general requirements must a financial assurance instrument meet?
(a) Any bond or other acceptable financial assurance instrument that you provide must:
(1) Be payable to BOEM upon demand; and
(2) Guarantee compliance of all lessees, grant holders, operators, and payors with all terms and
conditions of the lease or grant, any subsequent approvals and authorizations, and all applicable
regulations.
(b) All bonds and other forms of financial assurance must be on or in a form approved by BOEM. You may
submit this on an approved form that you have reproduced or generated by use of a computer. If the
document you submit omits any terms and conditions that are included on the BOEM-approved form, your
bond is deemed to contain the omitted terms and conditions.
30 CFR 585.525(b) (enhanced display)

page 59 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.525(c)

(c) Surety bonds must be issued by an approved surety listed in the current Treasury Circular 570, as required
by 31 CFR 223.16. You may obtain a copy of Circular 570 from the Treasury website at
https://www.fiscal.treasury.gov/surety-bonds/circular-570.html.
(d) Your surety bond cannot exceed the underwriting limit listed in the current Treasury Circular 570, except
as permitted therein.
(e) You and a qualified surety must execute your bond. When the surety is a corporation, an authorized
corporate officer must sign the bond and attest to it over the corporate seal.
(f) You may not terminate the period of liability of your bond or cancel your bond, except as provided in this
subpart. Bonds must continue in full force and effect even though an event has occurred that could
diminish or terminate a surety's obligation under State law.
(g) Your surety must notify you and BOEM within 5 business days after:
(1) It initiates any judicial or administrative proceeding alleging its insolvency or bankruptcy; or
(2) The Treasury decertifies the surety.

§ 585.526 What instruments other than a surety bond may I use to meet the financial assurance
requirement?
(a) You may use other types of security instruments, if BOEM determines that such security protects BOEM to
the same extent as the surety bond. BOEM will consider pledges of the following:
(1) U.S. Department of Treasury securities identified in 31 CFR part 225;
(2) A pledge of cash, in an amount equal to the required dollar amount of the financial assurance, to be
deposited and maintained in a Federal depository account of the U.S. Treasury;
(3) Certificates of deposit or savings accounts in a bank or financial institution organized or authorized
to transact business in the United States with:
(i)

Minimum net assets of $500,000,000; and

(ii) Minimum Bankrate.com Safe & Sound rating of 3 Stars, and Capitalization, Assets, Equity and
Liquidity (CAEL) rating of 3 or less;
(4) Negotiable U.S. Government, State, and municipal securities or bonds having a market value of not
less than the required dollar amount of the financial assurance and maintained in a Securities
Investors Protection Corporation insured trust account by a licensed securities brokerage firm for
the benefit of BOEM;
(5) Investment-grade rated securities having a Standard and Poor's rating of AAA or an equivalent rating
from a nationally recognized securities rating service having a market value of not less than the
required dollar amount of the financial assurance and maintained in a Securities Investors Protection
Corporation insured trust account by a licensed securities brokerage firm for the benefit of BOEM;
(6) Insurance, if its form and function is such that the funding or enforceable pledges of funding are
used to guarantee performance of regulatory obligations in the event of default on such obligations
by the lessee. Insurance must have an A.M. Best rating of “superior” or an equivalent rating from a
nationally recognized insurance rating service;
(7) Letters of credit, subject to the following conditions:
30 CFR 585.526(a)(7) (enhanced display)

page 60 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

(i)

30 CFR 585.526(a)(7)(i)

The letter of credit provider must have an issuer credit rating from a Nationally Recognized
Statistical Rating Organization (NRSRO) greater than or equal to investment grade from either
Standard & Poor's Ratings Service or Moody's Investor Service, or a proxy credit rating
determined by BOEM based on audited financial information (including an income statement,
balance sheet, statement of cash flows, and the auditor's certificate) greater than or equal to
investment grade from either Standard & Poor's Ratings Service or Moody's Investor Service;

(ii) The letter of credit must grant BOEM full authority to demand immediate payment in case of
default in the performance of the terms and conditions of a lease or regulatory obligations;
(iii) The letter of credit must be irrevocable during its term and will be subject to collection by BOEM
if not replaced by another letter of credit or other form of financial assurance at least 30
calendar days before its expiration date;
(iv) The expiration date of the letter of credit must not be less than 90 days following the date it
becomes effective;
(v) The letter of credit must contain a provision for automatic renewal for periods of not less than 1
year in the absence of notice of cancellation to BOEM at least 90 calendar days before the
expiration date; and
(vi) The letter of credit must contain a venue provision, which requires any disputes to be
adjudicated in a U.S. Federal court that is mutually agreed upon by BOEM and the issuers of the
letter of credit;
(8) Another form of security approved by BOEM in its discretion; or
(9) A combination of security instruments described in paragraphs (a)(1) through (8) of this section.
(b) If you use a Treasury security:
(1) You must post 115 percent of your financial assurance amount;
(2) You must monitor the collateral value of your security. If the collateral value of your security as
determined in accordance with 31 CFR part 203, Collateral Margins Table (which can be found at
https://www.treasurydirect.gov), falls below the required level of coverage, you must pledge
additional security to provide 115 percent of the required amount; and
(3) You must include with your pledge authority for us to sell the security and use the proceeds if we
determine that you have failed to comply with any of the terms and conditions of your lease or grant,
any subsequent approval or authorization, or applicable regulations.
(c) If you use the instruments described in paragraph (a)(4) or (5) of this section, you must provide BOEM by
the end of each calendar year a certified statement describing the nature and market value of the
instruments maintained in that account, and including any current statements or reports furnished by the
brokerage firm to the lessee concerning the asset value of the account.

§ 585.527 May I demonstrate financial strength and reliability to meet the financial assurance
requirement for lease or grant activities?
BOEM may allow you to use your financial strength and reliability to meet financial assurance requirements if:

30 CFR 585.527 (enhanced display)

page 61 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.527(a)

(a) You have an investment grade issuer credit rating. If any Securities and Exchange Commission (SEC)recognized NRSRO provides a credit rating that differs from any other SEC-recognized NRSRO credit
rating, BOEM will apply the highest rating for the purposes of determining your financial assurance
requirements.
(b) You have a proxy credit rating determined by BOEM, which must be based on audited financial information
for the most recent fiscal year (which must include an income statement, balance sheet, statement of
cash flows, and the auditor's certificate).
(1) The audited financial information for your most recent fiscal year must cover a continuous twelvemonth period within the twenty-four-month period prior to the lessee's receipt of the determination
that you must provide supplemental financial assurance.
(2) In determining your proxy credit rating, BOEM may include the value of the offshore
decommissioning liabilities associated with any lease(s) or grants in which you have an ownership
interest. Upon BOEM's request, you must provide the information that BOEM determines is
necessary to properly evaluate your offshore decommissioning liabilities, including joint ownership
interests and liabilities associated with your OCS leases and grants.
(c) Your co-lessee or co-grant-holder has an issuer credit rating or a proxy credit rating that meets the criteria
set forth in paragraph (a) of this section; however, BOEM may require you to provide financial assurance
for decommissioning obligations for which such co-lessee or co-grant-holder is not liable.
(d) You have a contract with a counterparty that projects net income will exceed three times the estimated
decommissioning expenses associated with the facilities that will generate that income.
(e) If we approve your request to use your financial strength and reliability to meet your financial assurance
requirements, you must submit annual updates.
(f) If the annual updates do not continue to demonstrate financial strength and reliability or BOEM has reason
to believe that you are unable to meet the requirements of this section, after notice and opportunity for a
hearing, BOEM will terminate your ability to use financial strength and reliability for financial assurance
and require you to provide another type of financial assurance. You must provide this new financial
assurance instrument within 90 days after we terminate your use of financial strength and reliability.

§ 585.528 May I use a third-party guaranty to meet the financial assurance requirement for
lease or grant activities?
(a) You may use a third-party guaranty to secure all or part of the obligations for which financial assurance
was demanded by BOEM if the guarantor:
(1) Meets the credit rating or proxy credit rating criterion set forth in § 585.527(a); and
(2) Submits an agreement containing each of the provisions in paragraph (d) of this section.
(b) A third-party guarantor may limit its cumulative obligations to a fixed dollar amount as agreed to by BOEM
at the time the third-party guaranty is provided.
(c) If, during the life of your third-party guaranty, your guarantor no longer meets the criterion referred to in
paragraph (a)(1) of this section, you must:
(1) Notify BOEM within 72 hours of so learning; and
(2) Submit a surety bond or other financial assurance covering the obligations previously secured by the
third-party guaranty.
30 CFR 585.528(c)(2) (enhanced display)

page 62 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.528(d)

(d) Your guarantor must submit an agreement executed by the guarantor and all parties bound by the
agreement. All parties are bound jointly and severally, and the guarantor must meet the legal and financial
qualifications set forth in §§ 585.107 and 585.108.
(1) When any party is a corporation, two corporate officers authorized to execute the guaranty
agreement on behalf of the corporation must sign the agreement.
(2) When any party is a partnership, joint venture, or syndicate, the guaranty agreement must bind each
party who has a beneficial interest in your guarantor and provide that, upon BOEM demand under
your guaranty, each party is jointly and severally liable for compliance with all terms and conditions
of your lease(s) or grant(s) covered by the agreement.
(3) When forfeiture of the guaranty is called for, the agreement must provide that your guarantor will
either bring your lease(s) or grant(s) into compliance or provide, within 7 days, sufficient funds to
permit BOEM to complete corrective action.
(4) The guaranty agreement must contain a confession of judgment, providing that, if BOEM determines
that you or your operator is in default, the guarantor must not challenge the determination and must
remedy the default.
(5) If your guarantor wants to terminate the period of liability, your guarantor must notify you and BOEM
at least 90 days before the proposed termination date, obtain BOEM's approval for termination of all
or a specified portion of the guarantee for liabilities arising after that date, and remain liable for all
your work performed during the period the agreement is in effect.
(6) Each guaranty submitted pursuant to this section is deemed to contain all the terms described in
paragraphs (d)(1) through (5) of this section, even if they are not actually in the agreement.
(e) Before the termination of your guaranty, you must provide an acceptable replacement in the form of a
bond or other security.

§ 585.529 Can I use a lease- or grant-specific decommissioning account to meet the financial
assurance requirements related to decommissioning?
(a) In lieu of a surety bond, BOEM may authorize you to establish a lease-, ROW grant-, or RUE grant-specific
decommissioning account in a federally insured institution. The funds may not be withdrawn from the
account without our written approval.
(1) The funds must be payable to BOEM and pledged to meet your lease or grant decommissioning and
site clearance obligations;
(2) You must fund the account in the amount determined by and according to the payment schedule
approved by BOEM. BOEM will estimate the cost of decommissioning, including site clearance; and
(3) Subject to BOEM's approval, a decommissioning account may be funded in whole or in part during
the operations period of a lease or grant.
(b) Any interest paid on the account will be treated as account funds unless we authorize in writing that any
interest be paid to the depositor.
(c) We may allow you to pledge Treasury securities, payable to BOEM on demand, to satisfy your obligation to
make payments into the account. Acceptable Treasury securities and their collateral value are determined
in accordance with 31 CFR part 203, Collateral Margins Table (which can be found at
https://www.treasurydirect.gov).
30 CFR 585.529(c) (enhanced display)

page 63 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.529(d)

(d) We may require you to commit a specified stream of revenues as payment into the account so that the
account will be fully funded, as prescribed in paragraph (a)(2) of this section. The commitment may
include revenue from other operations.

CHANGES IN FINANCIAL ASSURANCE
§ 585.530 What must I do if my financial assurance lapses?
(a) If your surety is decertified by the Treasury, becomes bankrupt or insolvent, or if your surety's charter or
license is suspended or revoked, or if any other approved financial assurance expires for any reason, you
must:
(1) Inform BOEM within 3 business days about the financial assurance lapse; and
(2) Provide new financial assurance in the amount set by BOEM, as provided in this subpart.
(b) You must notify BOEM within 3 business days after you learn of any action filed alleging that you, your
surety, or your third-party guarantor is insolvent or bankrupt.

§ 585.531 What happens if the value of my financial assurance is reduced?
If the value of your financial assurance is reduced below the required financial assurance amount because of a
default or any other reason, you must provide additional financial assurance sufficient to meet the requirements of
this subpart within 45 days or within a different period as specified by BOEM.

§ 585.532 What happens if my surety wants to terminate the period of liability of my financial
assurance?
(a) Terminating the period of liability of your financial assurance ends the period during which surety liability
continues to accrue. The surety continues to be responsible for obligations and liabilities that accrued
during the period of liability and before the date on which BOEM terminates the period of liability under
paragraph (b) of this section. The liabilities that accrue during a period of liability include:
(1) Obligations that started to accrue before the beginning of the period of liability and have not been
met; and
(2) Obligations that began accruing during the period of liability.
(b) Your surety must submit to BOEM its request to terminate the period of liability under its financial
assurance and notify you of that request no less than 90 days before the proposed termination date. If
you intend to continue activities on your lease or grant, you must provide replacement financial assurance
of equivalent or greater value. BOEM will terminate that period of liability within 90 days after BOEM
receives the request.

§ 585.533 How does my surety obtain cancellation of my financial assurance?
BOEM will allow a surety to cancel financial assurance and will relieve the surety from liability for accrued
obligations on the earliest to occur of the following:
(a) BOEM determines that there are no outstanding obligations covered by the financial assurance;
(b) The following occurs:
30 CFR 585.533(b) (enhanced display)

page 64 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.533(b)(1)

(1) BOEM accepts replacement financial assurance in an amount equal to or greater than the financial
assurance to be cancelled to cover the period of liability prior to termination; or
(2) The surety issuing the new financial assurance has expressly agreed to assume all outstanding
liabilities under the original financial assurance that accrued during the period of liability that was
terminated; and
(c) Seven years have elapsed since the termination of the period of liability if the new surety did not assume
the accrued obligations for the terminated period of liability, unless there are any appeals or judicial
litigation related to your liabilities covered by the financial assurance.

§ 585.534 When may BOEM cancel my financial assurance?
(a) When your lease or grant ends, your sureties remain responsible, and BOEM will cancel your financial
assurance as shown in the following table:

Financial assurance

Your financial assurance will not be cancelled until . . .

(1) Financial assurance for
commercial leases
submitted under §
585.516(a)(1) and for
grants or limited leases
submitted under §§
585.520 and 585.521

Seven years after all operations and activities under the lease or grant
cease, including decommissioning and site clearance, or a longer
period as necessary to complete any appeals or judicial litigation
related to your financial assurance obligation. BOEM may reduce or
cancel your financial assurance or return some or all of your security if
BOEM determines that the full amount is no longer needed.

(2) Supplemental financial
assurance for commercial
leases submitted under §
585.516 and for grants or
limited leases submitted
under §§ 585.520 and
585.521

(i) The lease or grant expires or is terminated and BOEM determines
you have met your secured obligations, unless BOEM:
(A) Determines that the future potential liability resulting from any
undetected problem is greater than the amount of your lease-specific
financial assurance; and
(B) Notifies the provider of the supplemental financial assurance that
BOEM will wait 7 years before cancelling all or a part of the
supplemental financial assurance (or longer period as necessary to
complete any appeals or judicial litigation related to your secured
obligations); or
(ii) At any time when:
(A) BOEM determines, in its discretion, that you no longer need to
provide the supplemental financial assurance;
(B) The operations for which the supplemental financial assurance
was provided were cancelled before accrual of any decommissioning
obligation; or
(C) Cancellation of the supplemental financial assurance is
appropriate because, under the regulations in this part, BOEM
determines such financial assurance never should have been required.

(b) BOEM may require reinstatement of your financial assurance as if no cancellation had occurred if:

30 CFR 585.534(b) (enhanced display)

page 65 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.534(b)(1)

(1) A person makes a payment under the lease or grant, and the payment is rescinded or must be repaid
by the recipient because the person making the payment is insolvent, bankrupt, subject to
reorganization, or placed in receivership; or
(2) The responsible party represents to BOEM that it has discharged its obligations under the lease or
grant, and the representation was materially false when the financial assurance was cancelled.

§ 585.535 Why might BOEM call for forfeiture of my financial assurance?
(a) BOEM may call for forfeiture of all or part of your financial assurance if:
(1) After notice and demand for performance by BOEM, you refuse or fail, within the timeframe we
prescribe, to comply with any term or condition of your lease or grant, other authorization or
approval, or applicable regulations; or
(2) You default on one of the conditions under which we accepted your financial assurance.
(b) We may pursue forfeiture without first making demands for performance against any co-lessee or holder
of an interest in your ROW or RUE, or other person approved to perform obligations under your lease or
grant.

§ 585.536 How will I be notified of a call for forfeiture?
(a) BOEM will notify you and your surety, including any provider of financial assurance, in writing of the call for
forfeiture and provide the reasons for the forfeiture and the amount to be forfeited. We will base the
amount upon an estimate of the total cost of corrective action to bring your lease or grant into
compliance.
(b) We will advise you and your surety that you may avoid forfeiture if, within 10 business days:
(1) You agree to and demonstrate in writing to BOEM that you will bring your lease or grant into
compliance within the timeframe we prescribe, and you do so; or
(2) Your surety agrees to and demonstrates that it will bring your lease or grant into compliance within
the timeframe we prescribe, even if the cost of compliance exceeds the face amount of the bond.

§ 585.537 How will BOEM proceed once my bond or other security is forfeited?
(a) If BOEM determines that your bond or other security is forfeited, we will collect the forfeited amount and
use the funds to bring your lease or grant(s) into compliance and correct any default.
(b) If the amount collected under your bond or other security is insufficient to pay the full cost of corrective
action, BOEM may take or direct action to obtain full compliance and recover all costs in excess of the
forfeited bond from you or any co-lessee or co-grantee.
(c) If the amount collected under your bond or other security exceeds the full cost of corrective action to
bring your lease or grant(s) into compliance, we will return the excess funds to the party from whom the
excess was collected.

§§ 585.538-585.539 [Reserved]
REVENUE SHARING WITH STATES

30 CFR 585.538-585.539 (enhanced display)

page 66 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.540

§ 585.540 How will BOEM equitably distribute revenues to States?
(a) BOEM will distribute among the eligible coastal States 27 percent of the following revenues derived from
qualified projects, where a qualified project and qualified project area is determined in § 585.541 and an
eligible State is determined in § 585.542, where a qualified project and qualified project area are
determined in 585.541 and an eligible State is defined in § 585.113. Revenues subject to distribution to
eligible States include all bonuses, acquisition fees, rentals, and operating fees derived from the entire
qualified project area and associated project easements and are not limited to revenues attributable to
the portion of the project area within 3 miles of the seaward boundary of a coastal State. The revenues to
be shared do not include administrative fees such as service fees and those assessed for civil penalties
and forfeiture of bond or other surety obligations.
(b) The project area is the area included within a single lease or grant. For each qualified project, BOEM will
determine and announce the project area and its geographic center at the time it grants or issues a lease,
easement, or right-of-way on the OCS. If a qualified project lease or grant's boundaries change
significantly due to actions pursuant to § 585.435 or § 585.436, BOEM will re-evaluate the project area to
determine whether the geographic center has changed. If it has, BOEM will re-determine State eligibility
and shares accordingly.
(c) To determine each eligible State's share of the 27 percent of the revenues for a qualified project, BOEM
will use the inverse distance formula, which apportions shares according to the relative proximity of the
nearest point on the coastline of each eligible State to the geographic center of the qualified project area.
If Si is equal to the nearest distance from the geographic center of the project area to the i = 1, 2, * * * nth
eligible State's coastline, then eligible State i would be entitled to the fraction Fi of the 27-percent
aggregate revenue share due to all the eligible States according to the following formula:
Formula 1 to paragraph (c)
Fi = (1/Si) ÷ (Σi=1* * *n(1/Si))

§ 585.541 What is a qualified project for revenue sharing purposes?
A qualified project for the purpose of revenue sharing with eligible coastal States is one authorized under
subsection 8(p) of the OCS Lands Act, which includes acreage within the area extending 3 miles seaward of State
submerged lands. A qualified project is subject to revenue sharing with those States that are eligible for revenue
sharing under § 585.542. The entire area within a lease or grant for the qualified project, excluding project
easements, is considered the qualified project area.

§ 585.542 What makes a State eligible for payment of revenues?
A State is eligible for payment of revenues if any part of the State's coastline is located within 15 miles of the
announced geographic center of the project area of a qualified project. A State is not eligible for revenue sharing if
all parts of that State's coastline are more than 15 miles from the announced geographic center of the qualified
project area. This is the case even if the qualified project area is located wholly or partially within an area extending
3 miles seaward of the submerged lands of that State or if there are no States with a coastline less than 15 miles
from the announced geographic center of the qualified project area.

30 CFR 585.542 (enhanced display)

page 67 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.543

§ 585.543 Example of how the inverse distance formula works.
(a) Assume that the geographic center of the project area lies 12 miles from the closest coastline point of
State A and 4 miles from the closest coastline point of State B. BOEM will round dollar shares to the
nearest whole dollar. The proportional share due each State would be calculated as follows:
(1) State A's share = [(1/12) ÷ (1/12 + 1/4)] = 1/4.
(2) State B's share = [(1/4) ÷ (1/12 + 1/4)] = 3/4.
(b) Therefore, State B would receive a share of revenues that is three times as large as that awarded to State
A, based on the finding that State B's nearest coastline is one-third the distance to the geographic center
of the qualified project area as compared to State A's nearest coastline. Eligible States share the 27
percent of the total revenues from the qualified project as mandated under the OCS Lands Act. Hence, if
the qualified project generates $1,000,000 of Federal revenues in a given year, the Federal Government
would distribute the States' 27-percent share as follows:
(1) State A's share = $270,000 × 1/4 = $67,500.
(2) State B's share = $270,000 × 3/4 = $202,500.

§§ 585.544-585.599 [Reserved]
Subpart G—Plans and Information Requirements
Source: 89 FR 42748, May 15, 2024, unless otherwise noted.

§ 585.600 What plans must I submit to BOEM before I conduct activities on my lease or grant?
(a) You must submit a SAP, COP, or GAP and receive BOEM approval before you conduct activities on your
lease or grant as set forth in the following table:

Before you:

You must
submit and
obtain
approval
for your:

(1) Conduct site assessment activities on your commercial lease, such as
meteorological towers or other facilities that are installed on the seabed using a fixedbottom foundation requiring professional engineering design and assessment of
sediment, meteorological, and oceanographic conditions as part of the design

SAP under
§§ 585.605
through
585.613.

(2) Conduct any activities pertaining to construction of facilities for commercial
operations on your commercial lease

COP under
§§ 585.620
through
585.628.

(3) Conduct any activities on your limited lease or grant in any OCS area

GAP under
§§ 585.640

30 CFR 585.600(a) (enhanced display)

page 68 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Before you:

30 CFR 585.600(b)

You must
submit and
obtain
approval
for your:
through
585.648.

(b) BOEM may waive certain types of information or analyses that you otherwise must provide in your
proposed plan when you demonstrate that:
(1) Sufficient applicable information or analysis is readily available to BOEM;
(2) The coastal or marine resources that are the subject of the information requirement are not present
or affected;
(3) Other factors affect your ability to obtain or BOEM's need for the required information; or
(4) Information is neither necessary nor required for a State to determine consistency with its coastal
management program.

§ 585.601 When must I submit my plans to BOEM?
(a) You may submit your SAP anytime; however, your SAP must be submitted to and approved by BOEM
before you conduct activities requiring a SAP under § 585.600(a)(1).
(b) You must submit your COP by the end of the preliminary period of your commercial lease in accordance
with § 585.235.
(1) Your COP must contain sufficient data and information for BOEM to complete its reviews and NEPA
analysis.
(2) BOEM may need to conduct additional reviews of your COP, including environmental analysis under
NEPA, if significant new information becomes available from your site assessment and
characterization activities or if you substantially revise your COP. As a result of the additional
reviews, BOEM may require that you revise your COP.
(c) You must submit your GAP by the end of the preliminary period for your limited lease in accordance with §
585.236, or the preliminary period for your grant in accordance with § 585.303.

§§ 585.602-585.604 [Reserved]
SITE ASSESSMENT PLAN AND INFORMATION REQUIREMENTS FOR COMMERCIAL LEASES
§ 585.605 What is a Site Assessment Plan (SAP)?
(a) A SAP describes the site assessment activities meeting the criteria in § 585.600(a)(1) that you plan to
perform on your commercial lease.

30 CFR 585.605(a) (enhanced display)

page 69 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.605(b)

(b) You must receive BOEM approval of your SAP, as provided in § 585.613, before you can begin any
proposed site assessment activities requiring such approval.
(c) If BOEM determines that your proposed site assessment facility or combination of facilities is complex or
significant under § 585.613(a)(1), you must comply with the requirements in 30 CFR part 285, subpart G,
regarding facility design and construction and submit your SMS as required by 30 CFR 285.810.

§ 585.606 What must I demonstrate in my SAP?
Your SAP must demonstrate that you have planned and are prepared to conduct the proposed site assessment
activities in a manner that:
(a) Conforms to your responsibilities listed in § 585.105(a);
(b) Conforms to all applicable laws, regulations, and provisions of your commercial lease;
(c) Is safe;
(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national
security or defense;
(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property;
the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological
significance;
(f) Uses best available and safest technology;
(g) Uses best management practices; and
(h) Uses properly trained personnel.

§ 585.607 How do I submit my SAP?
You must submit your SAP to BOEM pursuant to § 585.111.

§§ 585.608-585.609 [Reserved]
CONTENTS OF THE SITE ASSESSMENT PLAN
§ 585.610 What must I include in my SAP?
(a) Project information may be provided using a PDE. When you provide information using a PDE, BOEM
reserves the right to determine what range of values for any given parameter is acceptable. Your SAP
must include the following project-specific information, as applicable:

Project information:

Including:

(1) Contact information

The name, address, email address, and phone number of an
authorized representative.

(2) The site assessment or

A discussion of the objectives; description of the proposed

30 CFR 585.610(a) (enhanced display)

page 70 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Project information:

30 CFR 585.610(a)

Including:

technology testing concept

activities, including the technology you will use; and proposed
schedule from start to completion.

(3) Designation of operator, if
applicable

As provided in § 585.405.

(4) Commercial lease
stipulations and compliance

A description of the measures you took, or will take, to satisfy
the conditions of any lease stipulations related to your
proposed activities.

(5) A location plat, or indicative
layout

The range of surface locations and associated water depths for
proposed structures, facilities, and appurtenances located both
offshore and onshore, including all anchor and mooring data;
and the location and associated water depths of all existing
structures.

(6) General structural and project
design, fabrication, and
installation

For facilities deemed complex or significant you must provide
preliminary design information for each facility associated with
your site assessment activity and subpart G of 30 CFR part 285
applies. For facilities not deemed complex or significant you
must provide final design information.

(7) Deployment activities

A description of the safety, prevention, and environmental
protection features or measures that you will use.

(8) Your proposed measures for
avoiding, minimizing, reducing,
eliminating, and monitoring
environmental impacts

A description of the measures you will use to avoid or minimize
adverse effects and any potential incidental take, before you
conduct activities on your lease, and how you will mitigate
environmental impacts from your proposed activities, including
a description of the measures you will use as required by §§
585.700 through 585.703.

(9) Project verification strategy

An analysis supporting your recommendation as to whether
your site assessment activities should be determined complex
or significant. If your recommendation supports a complex or
significant determination, describe your strategy for compliance
with 30 CFR 285.705 through 285.714.

(10) References

A bibliographic list of any document or published source that
you cite as part of your plan. You may reference information and
data discussed in other plans that you previously submitted or
that are otherwise readily available to BOEM.

(11) Decommissioning and site
clearance procedures

A discussion of general concepts and methodologies.

(12) Air quality information

Information as described in § 585.700.

(13) A listing of all Federal, State,
and local authorizations or
approvals required to conduct
site assessment activities

A statement indicating whether you have applied for or obtained
such authorization or approval from the U.S. Coast Guard, U.S.
Army Corps of Engineers, and any other applicable Federal,
State, or local authorizers.

(14) A list of agencies and
persons with whom you have

Contact information and issues discussed.

30 CFR 585.610(a) (enhanced display)

page 71 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Project information:

30 CFR 585.610(b)

Including:

communicated, or with whom
you will communicate, regarding
potential impacts associated
with your proposed activities
(15) Financial assurance
information

Statements attesting that the activities and facilities proposed
in your SAP are or will be covered by an appropriate bond or
other approved financial assurance instrument as required in §
585.516 and §§ 585.525 through 585.529.

(16) Information you incorporate
by reference

A list of the documents you have incorporated by reference and
their public availability.

(17) Other information

Additional information as required by BOEM.

(b) You must include reports that document the results of surveys and investigations that characterize and
model the site of your proposed assessment activities. Your reports must address the following topics:

Topic:

Purpose of report:

Including:

(1) Geological
and
geotechnical

To define the baseline
geological conditions of
the seabed and provide
sufficient data to develop
a geologic model, assess
geologic hazards, and
determine the feasibility
of the proposed site for
your assessment facility

(i) Desktop studies to collect available data from
published sources and nearby sites.
(ii) Geophysical surveys of the proposed area with
sufficient areal coverage, depth penetration, and
resolution to define the geological conditions of the
seabed at the site that could impact, or be impacted
by, your proposed site assessment activities.
(iii) Geotechnical investigations of sufficient scope and
detail to: ground truth the geophysical surveys; support
development of a geological model; assess potential
geological hazards that could impact the proposed site
assessment activities; and provide geotechnical data
for design of the site assessment facility, including
type and approximate dimensions of the foundation.
(iv) An overall site characterization report for your site
assessment facility that integrates the findings of your
studies, surveys, and investigations; describes the
geological model; contains supporting data and
findings; and states your recommendations.

(2) Biological

To determine the
presence of biological
features and marine
resources

A description of the results of surveys used to evaluate
the spatial and temporal distribution and abundance of
biological species in the site area, including migratory
and non-migratory species of vertebrate animals such
as fish, marine mammals, sea turtles, and coastal and

30 CFR 585.610(b) (enhanced display)

page 72 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Topic:

Purpose of report:

30 CFR 585.611

Including:
marine birds; invertebrate animals; plants; algae; and
other organisms; also including the presence of live
bottoms, hard bottoms, topographic features, and
other marine resources.

(3)
Archaeological
resources and
other historic
properties

To provide BOEM with
required information to
conduct review of your
SAP under NHPA

Archeological resource and other historic property
identification surveys with supporting data.

(4)
Meteorological
and
oceanographic
(metocean)

To provide an overall
understanding of the
meteorological and
oceanographic
conditions at the site of
your proposed facility,
and to identify conditions
that may pose a
significant risk to your
facility

Desktop studies to collect available data from hindcast
or re-analysis models and field measurements in
sufficient detail to support design of your facility and
support the analysis of wake effects, sediment
mobility and scour, and navigation risks.

§ 585.611 What information and certifications must I submit with my SAP to assist BOEM in
complying with NEPA and other applicable laws?
(a) Your SAP must contain detailed information and analysis to assist BOEM in complying with NEPA and
other applicable laws.
(b) When proposing site assessment activities in an area where BOEM has no previous experience, your SAP
must contain information about resources, conditions, and activities listed in the following table that your
proposed activities may significantly affect or that may have a significant effect on your proposed
activities (including where the potential significance of the effect is unknown) and must contain any other
information required by law.

Type of information:

Including:

(1) Hazard information

Meteorology, oceanography, sediment transport, geology, and
shallow geological or manmade hazards.

(2) Water quality

Turbidity and total suspended solids from construction; impact from
vessel discharges.

(3) Biological resources

Characterization of the spatial and temporal distribution and
abundance of biological species in the site area, such as benthic
communities, marine mammals, sea turtles, coastal and marine
birds, fish and shellfish, plankton, sea grasses, and other plant life.

30 CFR 585.611(b) (enhanced display)

page 73 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Type of information:

30 CFR 585.611(c)

Including:

(4) Threatened or
endangered species

As needed for ESA consultation.

(5) Sensitive biological
resources or habitats

Essential fish habitat, refuges, preserves, special management areas
identified in coastal management programs, nearby marine protected
areas, including State and Federal coastal and marine protected
areas, as well as nearby national marine sanctuaries, and nearby
marine national monuments, rookeries, hard bottom habitat,
chemosynthetic communities, calving grounds, barrier islands,
beaches, dunes, and wetlands.

(6) Archaeological
resources use, other
historic property use,
Indigenous traditional
cultural use, or use
pertaining to treaty and
reserved rights with Native
Americans or other
Indigenous peoples

Required information to conduct review of the COP under the NHPA
or other applicable laws or policies, including treaty and reserved
rights with Native Americans or other Indigenous peoples.

(7) Social and economic
conditions

Employment, existing offshore and coastal infrastructure (including
major sources of supplies, services, energy, and water), land use,
subsistence resources and harvest practices, recreation, recreational
and commercial fishing (including typical fishing seasons, location,
and type), minority and lower income groups, coastal zone
management programs, and a visual impact assessment.

(8) Coastal and marine
uses

Military activities, vessel traffic, fisheries, and exploration and
development of other natural resources. This includes a navigational
safety risk assessment that provides a description of the predicted
impacts of the project to navigation, and the measures you will use to
avoid or minimize adverse impacts. This document must also be
submitted to the U.S. Coast Guard to assist with its analysis if your
proposal identifies potential impediments to safe navigation.

(9) Consistency
Certification

If required by CZMA, under:
(i) 15 CFR part 930, subpart D, if the SAP is submitted before lease
issuance;
(ii) 15 CFR part 930, subpart E, if the SAP is submitted after lease
issuance.

(10) Other resources,
conditions, and activities

As identified by BOEM.

(c) When proposing site assessment activities in an area BOEM previously considered, BOEM will review your
SAP to determine if its impacts are consistent with those previously considered. If the anticipated effects
of your proposed SAP activities are significantly different than those previously anticipated, we may

30 CFR 585.611(c) (enhanced display)

page 74 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.612

determine that additional NEPA and other relevant Federal reviews are required. In that case, BOEM will
notify you of such determination, and you must submit information required in paragraph (b) of this
section as appropriate.

§ 585.612 How will my SAP be processed for Federal consistency under the Coastal Zone
Management Act?
Your SAP will be processed based on whether it is submitted before or after your lease is issued:

If your
SAP is
submitted:

Consistency review of your SAP will be handled as follows:

(a) Before
lease
issuance

You will furnish a copy of your SAP, consistency certification, and necessary data and
information to conduct an adequate consistency review to the applicable State CZMA
agency or agencies if required by 15 CFR part 930, subpart D. and submit a copy to
BOEM in accordance with § 585.111.

(b) After
lease
issuance

You must submit a copy of your SAP, consistency certification, and necessary data and
information pursuant to 15 CFR part 930, subpart E, to BOEM only if BOEM did not
consider the proposed site assessment activities for your lease area under its
previously submitted consistency determination under 15 CFR part 930, subpart C, and
if required by 15 CFR part 930, subpart E. BOEM will forward to the applicable State
CZMA agency or agencies one copy of your SAP, consistency certification, and
necessary data and information required to conduct an adequate consistency review
under 15 CFR part 930, subpart E, after BOEM has determined that all information
requirements for the SAP are met.

§ 585.613 How will BOEM process my SAP?
(a) BOEM will review your submitted SAP, and additional information provided pursuant to § 585.611, to
determine if it contains the information necessary to conduct our technical and environmental reviews.
(1) We will notify you if we deem your proposed facility or combination of facilities to be complex or
significant; and
(2) We will notify you if your submitted SAP lacks any necessary information.
(b) BOEM will prepare a NEPA analysis, as appropriate.
(c) As appropriate, we will coordinate and consult with relevant Federal and State agencies, affected federally
recognized Indian Tribes and executives of relevant local governments and will provide to other Federal,
State, and local agencies and affected federally recognized Indian Tribes relevant nonproprietary data and
information pertaining to your proposed activities.
(d) During the review process, we may request additional information if we determine that the information
provided is not sufficient to complete the review and approval process. If you fail to provide the requested
information, BOEM may disapprove your SAP.

30 CFR 585.613(d) (enhanced display)

page 75 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.613(e)

(e) Upon completion of our technical and environmental reviews and other reviews required by Federal laws
(e.g., CZMA), BOEM will approve, disapprove, or approve with conditions your SAP.
(1) If we approve your SAP, we will specify terms and conditions to be incorporated into your SAP. You
must certify compliance with those terms and conditions, required under 30 CFR 285.615(b); and
(2) If we disapprove your SAP, we will inform you of the reasons and allow you an opportunity to submit
a revised plan addressing our concerns, and we may suspend your lease, as appropriate, to give you
a reasonable amount of time to resubmit the SAP.

ACTIVITIES UNDER AN APPROVED SAP
§ 585.614 When may I begin conducting activities under my approved SAP?
(a) You may begin conducting the activities approved in your SAP following BOEM approval of your SAP.
(b) If you are installing a facility or a combination of facilities deemed by BOEM to be complex or significant,
as provided in § 585.613(a)(1), you must comply with the requirements of 30 CFR part 285, subpart G,
and also submit your Safety Management System description required by 30 CFR 285.810 before
construction may begin.

§ 585.615 What other reports or notices must I submit to BOEM under my approved SAP?
You must prepare and submit to BOEM a report annually on November 1st of each year that summarizes your site
assessment activities and the results of those activities. BOEM will withhold trade secrets and commercial or
financial information that is privileged or confidential from public disclosure under exemption 4 of the FOIA and as
provided in § 585.114.

§ 585.616 [Reserved]
§ 585.617 What activities require a revision to my SAP, and when will BOEM approve the
revision?
(a) You must notify BOEM in writing before conducting site assessment activities not described in your
approved SAP involving facilities that are installed on the seabed using a fixed-bottom foundation
requiring professional engineering design and assessment of sediment, meteorological, and
oceanographic conditions as part of the design. Your notice must describe in detail the type of activities
you propose to conduct. We will determine whether the activities you propose require a revision to your
SAP. We may request additional information from you, if necessary, to make this determination.
(b) If a revised SAP is required, BOEM will reassess, upon its receipt, whether the facility or combination of
facilities described in it is complex or significant.
(1) If BOEM determines that the facilities described in your revised SAP are not complex or significant,
you may conduct your approved activities under § 585.614(a).
(2) If BOEM determines that the facilities described in your revised SAP are complex or significant, you
must comply with § 585.614(b).

30 CFR 585.617(b)(2) (enhanced display)

page 76 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.617(c)

(c) BOEM will periodically review the activities conducted under an approved SAP. The frequency and extent
of the review will be based on the significance of any changes in available information and on onshore or
offshore conditions affecting or affected by the activities conducted under your SAP. If the review
indicates that the SAP should be revised to meet the requirements of this part, BOEM will require you to
submit the needed revisions.
(d) Activities for which a proposed revision to your SAP likely will be necessary include:
(1) Activities on the OCS not described in your approved SAP that could have significant environmental
impacts or that may affect threatened or endangered species, or that may affect designated critical
habitat of such species, or that may result in incidental take of marine mammals;
(2) Modifications to the number, size, or type of facilities (including associated components) or
equipment you will use outside of the PDE that was approved for your project;
(3) Changes in the geographical location or layout of your bottom disturbances, offshore facilities, or
onshore support bases beyond the range of possible locations described in your approved SAP;
(4) Structural failure of any facility operated under your approved SAP; or
(5) Changes to any other activity specified by BOEM.
(e) We may begin the appropriate NEPA analysis and other relevant consultations when we determine that a
proposed revision could:
(1) Result in a significant change in the impacts previously identified and evaluated;
(2) Require any additional Federal authorizations; or
(3) Involve activities not previously identified and evaluated.
(f) When you propose a revision, we may approve the revision if we determine that the revision is:
(1) Designed not to cause undue harm or damage to natural resources; life (including human and
wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance; and
(2) Otherwise, consistent with the provisions of section 8(p) of the OCS Lands Act.

§ 585.618 What must I do upon completion of approved site assessment activities?
(a) If your COP or FERC license application describes the continued use of existing facilities approved in your
SAP, you may keep such facilities in place on your lease during the time that BOEM reviews your COP or
FERC reviews your license application.
(b) You are not required to initiate the decommissioning process for facilities that are authorized to remain in
place under your approved COP or approved FERC license.
(c) If, following the technical and environmental review of your submitted COP, BOEM determines that such
facilities may not remain in place, you must initiate the decommissioning process, as provided in 30 CFR
part 285, subpart I.
(d) If FERC determines that such facilities may not remain in place, you must initiate the decommissioning
process as provided in 30 CFR part 285, subpart I.

30 CFR 585.618(d) (enhanced display)

page 77 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.618(e)

(e) You must decommission your site assessment facilities as set forth in 30 CFR part 285, subpart I, upon
the termination of your lease. You must submit your decommissioning application as required in 30 CFR
285.905 and 285.906.

§ 585.619 [Reserved]
CONSTRUCTION AND OPERATIONS PLAN FOR COMMERCIAL LEASES
§ 585.620 What is a Construction and Operations Plan (COP)?
The COP describes your construction, operations, and conceptual decommissioning plans under your commercial
lease, including your project easement. BOEM will withhold trade secrets and commercial or financial information
that is privileged or confidential from public disclosure under exemption 4 of the FOIA and in accordance with the
terms of § 585.114.
(a) Your COP must describe all planned facilities that you will construct and use for your project, including
onshore and support facilities and all anticipated project easements.
(b) Your COP must describe all proposed activities including your proposed construction activities,
commercial operations, and conceptual decommissioning plans for all planned facilities, including
onshore and support facilities.
(c) You must receive BOEM approval of your COP before you can begin any of the approved activities on your
lease.

§ 585.621 What must I demonstrate in my COP?
Your COP must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner
that:
(a) Conforms to your responsibilities listed in § 585.105(a);
(b) Conforms to all applicable laws, regulations, and provisions of your commercial lease;
(c) Is safe;
(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national
security or defense;
(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property;
the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological
significance;
(f) Uses best available and safest technology;
(g) Uses best management practices; and
(h) Uses properly trained personnel.

§ 585.622 How do I submit my COP?
(a) You must submit your COP to BOEM pursuant to § 585.111.

30 CFR 585.622(a) (enhanced display)

page 78 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.622(b)

(b) You may submit information and a request for any project easement as part of your original COP
submission or as a revision to your COP.

§§ 585.623-585.625 [Reserved]
CONTENTS OF THE CONSTRUCTION AND OPERATIONS PLAN
§ 585.626 What must I include in my COP?
(a) Project information may be provided using a PDE. When you provide information using a PDE, BOEM
reserves the right to determine what range of values for any given parameter is acceptable. Your COP
must include the following project-specific information, as applicable:

Project information:

Including:

(1) Contact information

The name, address, email address, and phone number of an
authorized representative.

(2) Designation of operator, if
applicable

As provided in § 585.405.

(3) Commercial lease
stipulations and compliance

A description of the measures you took, or will take, to satisfy the
conditions of any lease stipulations related to your proposed
activities.

(4) A location plat, or indicative The range of surface locations and associated water depths for
layout
proposed structures, facilities, and appurtenances located both
offshore and onshore, including all anchor and mooring data, and
the location and associated water depths of all existing
structures.
(5) General structural and
project design, fabrication, and
installation

Preliminary design information for each facility associated with
your project including information needed to justify any request
for an operations period exceeding the length provided in this part
or the lease.

(6) Deployment activities

A description of safety, prevention, and environmental protection
features or measures that you will use.

(7) A list of solid and liquid
wastes generated

Disposal methods and locations.

(8) A listing of chemical
products used (if stored
volume exceeds Environmental
Protection Agency (EPA)
reportable quantities)

A list of chemical products used; the volume stored on location;
their treatment, discharge, or disposal methods used; and the
name and location of the onshore waste receiving, treatment, and/
or disposal facility. A description of how these products would be
brought onsite, the number of transfers that may take place, and
the quantity that will be transferred each time.

(9) A description of any
vessels, vehicles, and aircraft
you will use to support your
activities

An estimate of the frequency and duration of vessel, vehicle, or
aircraft traffic.

30 CFR 585.626(a) (enhanced display)

page 79 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Project information:

30 CFR 585.626(a)

Including:

(10) A general description of
the operating procedures and
systems

(i) Under normal conditions.
(ii) In the case of accidents or emergencies, including those that
are natural or manmade.

(11) Decommissioning and
site clearance procedures

A discussion of general concepts and methodologies.

(12) A listing of all Federal,
State, and local authorizations
or approvals required to
conduct the proposed
activities, including
commercial operations

A statement indicating whether you have applied for or obtained
such authorization or approval from the U.S. Coast Guard, U.S.
Army Corps of Engineers, and any other applicable Federal, State,
or local authorizers pertaining to energy gathering, transmission,
or distribution (e.g., interconnection authorizations).

(13) Your proposed measures
for avoiding, minimizing,
reducing, eliminating, and
monitoring environmental
impacts

A description of the measures you will use to avoid or minimize
adverse effects and any potential incidental take before you
conduct activities on your lease, and how you will mitigate
environmental impacts from your proposed activities, including a
description of the measures you will use as required by §§
585.700 through 585.703.

(14) Information you
incorporate by reference

A list of the documents you have incorporated by reference and
their public availability.

(15) A list of agencies and
persons with whom you have
communicated, or with whom
you will communicate,
regarding potential impacts
associated with your proposed
activities

Contact information and issues discussed.

(16) References

A bibliographic list of any document or published source that you
cite as part of your plan. You may reference information and data
discussed in other plans you previously submitted or that are
otherwise readily available to BOEM.

(17) Financial assurance

Statements attesting that the activities and facilities proposed in
your COP are or will be covered by an appropriate bond or other
approved financial assurance instrument as required in § 585.516
and §§ 585.525 through 585.529.

(18) Project verification
strategy

You must describe your strategy for compliance with 30
CFR285.705 through 285.714.

(19) Construction schedule

A reasonable schedule of construction activity showing significant
milestones, including the commencement of commercial
operations consistent with the requirements of 30 CFR part 285,
subpart G.

(20) Air quality information

Information as described in § 585.700.

30 CFR 585.626(a) (enhanced display)

page 80 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Project information:
(21) Other information

30 CFR 585.626(b)

Including:
Additional information as required by BOEM.

(b) You must include reports that document the results of surveys and investigations that characterize and
model the site of your proposed project. Your reports must address the following topics:

Topic:

Purpose of report:

Including:

(1) Geological
and
geotechnical

To define the baseline
geological conditions of the
seabed and provide sufficient
data to develop a geologic
model, assess geologic
hazards, and determine the
feasibility of the proposed
site for your proposed facility

(i) Desktop studies to collect available data from
published sources and nearby sites.
(ii) Geophysical surveys of the proposed area with
sufficient areal coverage, depth penetration, and
resolution to define the geological conditions of
the site's seabed that could impact, or be
impacted by, the proposed project.
(iii) Geotechnical investigations of sufficient
scope and detail to: ground truth the geophysical
surveys; support development of a geological
model; assess potential geological hazards that
could impact the proposed project; and provide
geotechnical data for preliminary design of the
facility, including type and approximate
dimensions of the foundation.
(iv) An overall site characterization report for your
facility that integrates the findings of your studies,
surveys, and investigations; describes the
geological model; contains supporting data and
findings; and states your recommendations.

(2) Biological

To determine the presence of
biological features and
marine resources.

A description of the results of biological surveys
used to determine the presence of live bottoms,
hard bottoms, topographic features, and other
marine resources, including migratory populations
such as fish, marine mammals, sea turtles, and
sea birds.

(3)
Archaeological
resources and
other historic
properties

To provide BOEM with
required information to
conduct review of the COP
under NHPA

Archaeological resources and other historic
properties.

(4)
To provide an overall
Meteorological understanding of the
and
meteorological and

30 CFR 585.626(b) (enhanced display)

Desktop studies to collect available data from
hindcast or re-analysis models and field
measurements in sufficient detail to support

page 81 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Topic:

30 CFR 585.627

Purpose of report:

oceanographic oceanographic conditions at
(metocean)
the site of the proposed
facility, and to identify
conditions that may pose a
significant risk to the facility

Including:
preliminary design of the facility and support the
analysis of wake effects, sediment mobility and
scour, and navigational risks.

§ 585.627 What information and certifications must I submit with my COP to assist BOEM in
complying with NEPA and other applicable laws?
(a) Your COP must contain detailed information and analysis to assist BOEM in complying with NEPA and
other applicable laws. Your COP must contain information about those resources, conditions, and
activities listed in the following table that your proposed activities may significantly affect, or that may
have a significant effect on your proposed activities (including where the potential significance of the
effect is unknown) and must contain any other information required by law:

Type of information:

Including:

(1) Hazard information

Meteorology, oceanography, sediment transport, geology, and
shallow geological or manmade hazards.

(2) Water quality

Turbidity and total suspended solids from construction; impact
from vessel discharges.

(3) Biological resources

Benthic communities, marine mammals, sea turtles, coastal and
marine birds, fish and shellfish, plankton, seagrasses, and plant life.

(4) Threatened or endangered As required by ESA.
species
(5) Sensitive biological
resources or habitats

Essential fish habitat, refuges, preserves, special management
areas identified in coastal management programs, nearby marine
protected areas, including State and Federal coastal and nearby
marine protected areas, as well as national marine sanctuaries and
nearby marine national monuments, rookeries, hard bottom habitat,
chemosynthetic communities, calving grounds, barrier islands,
beaches, dunes, and wetlands.

(6) Archaeological resources
use, other historic property
use, Indigenous traditional
cultural use, or use pertaining
to treaty and reserved rights
with Native Americans or
other Indigenous peoples

Required information to conduct review of the COP under the NHPA
or other applicable laws or policies, including treaty and reserved
rights with Native Americans or other Indigenous peoples.

(7) Social and economic
resources

Employment, existing offshore and coastal infrastructure (including
major sources of supplies, services, energy, and water), land use,

30 CFR 585.627(a) (enhanced display)

page 82 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Type of information:

30 CFR 585.627(b)

Including:
subsistence resources and harvest practices, recreation,
recreational and commercial fishing (including typical fishing
seasons, location, and type), minority and lower income groups,
coastal zone management programs, and a visual impact
assessment.

(8) Coastal and marine uses

Military activities, vessel traffic, fisheries, and exploration and
development of other natural resources. This includes a
navigational safety risk assessment that provides a description of
the predicted impacts of the project to navigation and the
measures you will use to avoid or minimize such adverse impacts.
This document also must be submitted to the U.S. Coast Guard to
assist with its analysis.

(9) Consistency Certification

If required by CZMA regulations:
(i) 15 CFR part 930, subpart D, if your COP is submitted before
lease issuance.
(ii) 15 CFR part 930, subpart E, if your COP is submitted after lease
issuance.

(10) Other resources,
conditions, and activities

As identified by BOEM.

(b) You must submit one copy of your consistency certification. Your consistency certification must include:
(1) One copy of your consistency certification either under subsection 307(c)(3)(B) of the CZMA (16
U.S.C. 1456(c)(3)(B)) and 15 CFR 930.76, or under subsection 307(c)(3)(A) of the CZMA (16 U.S.C.
1456(c)(3)(A)) and 15 CFR 930.57, stating that the proposed activities described in detail in your
plans comply with the enforceable policies of the applicable States' approved coastal management
programs and will be conducted in a manner that is consistent with such programs; and
(2) “Necessary data and information,” as required by 15 CFR 930.58.
(c) You must submit a detailed description of an oil spill response plan to BSEE in compliance with 33 U.S.C.
1321, including information identified in 30 CFR part 254 that is applicable to your activities.
(d) You must submit a detailed description of your safety management system to BSEE as required by 30 CFR
285.810.

§ 585.628 How will BOEM process my COP?
(a) BOEM will review your submitted COP, including the information provided under § 585.627, to determine if
it contains the information necessary to conduct our technical and environmental reviews. We will notify
you if your submitted COP lacks any necessary information.
(b) BOEM will prepare an appropriate NEPA analysis.
(c) If your COP is subject to Federal consistency review under CZMA regulations at 15 CFR part 930, subpart
E, you must submit your COP, consistency certification, and associated data and information under CZMA
to BOEM after all information requirements for the COP are met, and the appropriate environmental
30 CFR 585.628(c) (enhanced display)

page 83 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.628(d)

assessment or draft environmental impact statement, if required, has been published. BOEM will forward
the COP, consistency certification, and associated data and information to the applicable State CZMA
agencies.
(d) As appropriate, BOEM will coordinate and consult with relevant Federal, State, and local agencies and
affected federally recognized Indian Tribes, and provide to them relevant nonproprietary data and
information pertaining to your proposed activities.
(e) During the review process, we may request additional information if we determine that the information
provided is not sufficient to complete the review and approval process. If you fail to provide the requested
information, BOEM may disapprove your COP.
(f) Upon completion of our technical and environmental reviews and other reviews required by Federal law
(e.g., CZMA), BOEM will approve, disapprove, or approve your COP with conditions.
(1) If we approve your COP, we will specify terms and conditions to be incorporated into your COP. You
must certify compliance with certain of those terms and conditions, as required under 30 CFR
285.633(a); and
(2) If we disapprove your COP, we will inform you of the reasons and allow you an opportunity to submit
a revised plan addressing our concerns, and we may suspend the COP review period of your lease,
as appropriate, to give you a reasonable amount of time to submit the revised plan.
(g) If BOEM approves your project easement, BOEM will issue an addendum to your lease specifying the
terms of the project easement.
(1) The project easement will provide sufficient off-lease area to accommodate potential changes at the
design and installation phases with respect to any facilities or activities necessary for your project.
(2) Unused portions of the project easement may be relinquished after construction is complete.
(3) A project easement is subject to the following conditions:
(i)

The rights granted will not prevent the granting of other rights by the United States, either before
or after the granting of the project easement, provided that any subsequent authorization
issued by BOEM in the area of a previously issued project easement may not unreasonably
interfere with activities approved or impede existing operations under the project easement;
and

(ii) If the project easement is granted in an area where a lease, ROW or RUE grant has previously
been issued, the project easement holder must agree that its activities will not unreasonably
interfere with or impede existing operations under the lease or ROW or RUE grant.

§§ 585.629-585.630 [Reserved]
ACTIVITIES UNDER AN APPROVED COP
§ 585.631 When must I initiate activities under an approved COP?
After your COP is approved, you are expected to commence construction on the OCS in accordance with the
construction schedule included as a part of your approved COP, unless you notify BOEM in advance of a deviation
from your schedule.

30 CFR 585.631 (enhanced display)

page 84 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.632

§ 585.632 What documents must I submit before I may construct and install facilities under my
approved COP?
(a) You must submit to BSEE the documents listed in the following table:

Document:

Requirements are found in:

(1) Facility Design Report

30 CFR 285.701.

(2) Fabrication and Installation Report

30 CFR 285.702.

(b) You must submit your Safety Management System, as required by 30 CFR 285.810.
(c) These activities must fall within the scope of your approved COP. If they do not fall within the scope of
your approved COP, you will be required to submit a revision to your COP, under § 585.634, for BOEM
approval before commencing the activity.

§ 585.633 [Reserved]
§ 585.634 What activities require a revision to my COP, and when will BOEM approve the
revision?
(a) You must notify BOEM in writing before conducting any activities on the OCS not described in your
approved COP. Your notice must describe in detail the type of activities you propose to conduct. We will
determine whether the activities you propose require a revision to your COP. We may request additional
information from you, if necessary, to make this determination.
(b) BOEM will periodically review the activities conducted under an approved COP. The frequency and extent
of the review will be based on the significance of any changes in available information, and on onshore or
offshore conditions affecting, or affected by, the activities conducted under your COP. If the review
indicates that the COP should be revised to meet the requirement of this part, BOEM will require you to
submit the needed revisions.
(c) Activities for which a proposed revision to your COP likely will be necessary include:
(1) Activities on the OCS not described in your approved COP that could have significant environmental
impacts, that may affect threatened or endangered species, or affect designated critical habitat of
such species, or that may result in incidental take of marine mammals;
(2) Modifications to the number, size, or type of facilities (including associated components) or
equipment you will use outside of the PDE that was approved for your project;
(3) Material changes in the geographical location or layout of bottom disturbances, offshore facilities, or
onshore support bases beyond the range of possible locations described in your approved COP;
(4) Structural failure of any facility operated under your approved COP;
(5) Submission of an FDR or FIR that contains new activities beyond the scope of or that is materially
inconsistent with the COP that has been previously submitted; or
(6) Change in any other activity specified by BOEM.
30 CFR 585.634(c)(6) (enhanced display)

page 85 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.634(d)

(d) We may begin the appropriate NEPA analysis and relevant consultations when we determine that a
proposed revision could:
(1) Result in a significant change in the impacts previously identified and evaluated;
(2) Require any additional Federal authorizations; or
(3) Involve activities not previously identified and evaluated that could have significant environmental
impacts, that may affect threatened or endangered species, or designated critical habitat of such
species, or that may result in incidental take of marine mammals.
(e) When you propose a revision, we may approve the revision if we determine that the revision is:
(1) Designed not to cause undue harm or damage to natural resources; life (including human and
wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance; and
(2) Otherwise consistent with the provisions of subsection 8(p) of the OCS Lands Act.

§ 585.635 What must I do if I cease activities approved in my COP before the end of my
commercial lease?
You must notify BSEE, within 5 business days, any time you cease commercial operations, without an approved
suspension, under your approved COP. If you cease commercial operations for an indefinite period, which extends
longer than 6 months, we may cancel your lease under § 585.422 and you must initiate the decommissioning
process as set forth in 30 CFR part 285, subpart I.

§§ 585.636-585.639 [Reserved]
GENERAL ACTIVITIES PLAN REQUIREMENTS FOR LIMITED LEASES, ROW GRANTS, AND RUE GRANTS
§ 585.640 What is a General Activities Plan (GAP)?
(a) A GAP describes your proposed construction, activities, and conceptual decommissioning plans for all
planned facilities, including testing of technology devices and onshore and support facilities that you will
construct and use for your project, including any project easements for the assessment and development
of your limited lease or grant.
(b) You must receive BOEM approval of your GAP before you can begin any of the proposed activities on your
lease or grant.

§ 585.641 What must I demonstrate in my GAP?
Your GAP must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner
that:
(a) Conforms to your responsibilities listed in § 585.105(a);
(b) Conforms to all applicable laws, regulations, and provisions of your limited lease or grant;
(c) Is safe;
(d) Does not unreasonably interfere with other uses of the OCS, including those involved with national
security or defense;
30 CFR 585.641(d) (enhanced display)

page 86 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.641(e)

(e) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property;
the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological
significance;
(f) Uses best available and safest technology;
(g) Uses best management practices; and
(h) Uses properly trained personnel.

§ 585.642 How do I submit my GAP?
(a) You must submit your GAP to BOEM pursuant to § 585.111.
(b) If you have a limited lease, you may submit information on any project easement as part of your original
GAP submission or as a revision to your GAP.

§§ 585.643-585.644 [Reserved]
CONTENTS OF THE GENERAL ACTIVITIES PLAN
§ 585.645 What must I include in my GAP?
(a) Project information may be provided using a PDE. When you provide a range of parameters using a PDE,
BOEM reserves the right to determine what range of values for any given parameter is acceptable. Your
GAP must include the following project-specific information, as applicable:

Project information:

Including:

(1) Contact information

The name, address, email address, and phone number of an
authorized representative.

(2) Designation of operator, if
applicable

As provided in § 585.405.

(3) Your proposed
construction, activities, and
conceptual decommissioning
plans, and/or technology
testing concept

A discussion of the objectives; description of the proposed
activities, including the technology you will use; and proposed
schedule from start to completion.

(4) ROW or RUE grant, or
limited lease stipulations, if
known

A description of the measures you took, or will take, to satisfy the
conditions of any grant or lease stipulations related to your
proposed activities.

(5) A location plat, or indicative The range of surface locations and associated water depths for
layout
proposed structures, facilities, and appurtenances located both
offshore and onshore, including all anchor and mooring data; and
the location and associated water depths of all existing
structures.
(6) General structural and
project design, fabrication, and

30 CFR 585.645(a) (enhanced display)

Preliminary design information for each facility associated with
your project.

page 87 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Project information:

30 CFR 585.645(a)

Including:

installation
(7) Deployment activities

A description of the safety, prevention, and environmental
protection features or measures that you will use.

(8) Your proposed measures
for avoiding, minimizing,
reducing, eliminating, and
monitoring environmental
impacts

A description of the measures you will use to avoid or minimize
adverse effects and any potential incidental take before you
conduct activities on your lease, and how you will mitigate
environmental impacts from your proposed activities, including a
description of the measures you will use as required by §§
585.701 through 585.703.

(9) A list of solid and liquid
wastes generated

Disposal methods and locations.

(10) A listing of chemical
products used (if stored
volume exceeds EPA
reportable quantities)

A list of chemical products used; the volume stored on location;
their treatment, discharge, or disposal methods used; and the
name and location of the onshore waste receiving, treatment, and/
or disposal facility. A description of how these products would be
brought onsite, the number of transfers that may take place, and
the quantity that will be transferred each time.

(11) A description of any
vessels, vehicles, and aircraft
you will use to support your
activities

An estimate of the frequency and duration of vessel, vehicle, and
aircraft traffic.

(12) Reference information

A bibliographic list of any document or published source that you
cite as part of your plan. You may reference information and data
discussed in other plans you previously submitted or that are
otherwise readily available to BOEM.

(13) Decommissioning and
site clearance procedures

A discussion of general concepts and methodologies.

(14) Air quality information

As described in § 585.700.

(15) A listing of all Federal,
State, and local authorizations
or approvals required to
conduct activities on your
grant or limited lease

A statement indicating whether you have applied for or obtained
such authorization or approval from the U.S. Coast Guard, U.S.
Army Corps of Engineers, and any other applicable Federal, State,
or local authorizers pertaining to your activities.

(16) A list of agencies and
persons with whom you have
communicated, or with whom
you will communicate,
regarding potential impacts
associated with your proposed
activities

Contact information and issues discussed.

(17) Financial assurance
information

Statements attesting that the activities and facilities proposed in
your GAP are, or an explanation of how they will be, covered by an
appropriate bond or other approved security, as required in §§

30 CFR 585.645(a) (enhanced display)

page 88 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.645(b)

Project information:

Including:
585.520 and 585.521.

(18) Project verification
strategy

You must describe your strategy for compliance with 30 CFR
285.705 through 285.714.

(19) Information you
incorporate by reference

A list of the documents you have incorporated by reference and
where they may be publicly accessed; for confidential information,
you may reference information and data discussed in other plans
previously submitted or that are otherwise readily available to
BOEM.

(20) Other information

Additional information as required by BOEM.

(b) You must include reports that document the results of surveys and investigations that characterize and
model the site of your proposed activities. Your reports must cover the following topics:

Topic:

Purpose of report:

Including:

(1) Geological
and
geotechnical

To define the baseline
geological conditions of
the seabed and provide
sufficient data to develop a
geologic model, assess
geologic hazards, and
determine the feasibility of
the proposed facility

(i) Desktop studies to collect available data from
published sources and nearby sites.
(ii) Geophysical surveys of the proposed area with
sufficient areal coverage, depth penetration, and
resolution to define the geological conditions of the
seabed at the site that could impact, or be impacted
by, the proposed project.
(iii) Geotechnical investigations of sufficient scope
and detail to: ground truth the geophysical surveys;
support development of a geological model; assess
potential geological hazards that could impact the
proposed development; and provide geotechnical
data for preliminary design of the facility, including
type and approximate dimensions of the foundation.
(iv) An overall site characterization report for your
facility that integrates the findings of your studies,
surveys, and investigations; describes the geological
model; contains supporting data and findings; and
states your recommendations.

(2) Biological

To determine the presence
of biological features and
marine resources

A description of the results of biological surveys
used to determine the presence of live bottoms, hard
bottoms, topographic features, and other marine
resources, including migratory populations, such as
fish, marine mammals, sea turtles, and sea birds.

(3)
To provide BOEM with
Archaeological required information to

30 CFR 585.645(b) (enhanced display)

Archaeological resource and other historic property
identification surveys with supporting data.

page 89 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Topic:

Purpose of report:

resources and
other historic
properties

conduct review of the GAP
under NHPA

(4)
Meteorological
and
oceanographic
(metocean)

To provide an overall
understanding of the
meteorological and
oceanographic conditions
at the site of the proposed
facility, and to identify
conditions that may pose a
significant risk to the
facility

30 CFR 585.645(c)

Including:

Desktop studies to collect available data from
hindcast or re-analysis models and field
measurements in sufficient detail to support
preliminary design of the facility and support the
analysis of wake effects, sediment mobility and
scour, and navigation risks.

(c) If you are applying for a project easement, or constructing a facility or a combination of facilities deemed
by BOEM to be complex or significant, you must provide the following additional information and comply
with the requirements of 30 CFR part 285, subpart G:

Project information:

Including:

(1) The construction and
operation concept

A discussion of the objectives, description of the proposed activities,
and tentative schedule from start to completion.

(2) All cables and
pipelines, including
cables on project
easements

The location, design, installation methods, testing, maintenance, repair,
safety devices, exterior corrosion protection, inspections, and
decommissioning.

(3) A general description
of the operating
procedures and systems

(i) Under normal conditions.
(ii) In the case of accidents or emergencies, including those that are
natural or manmade.

(4) Construction
schedule

A reasonable schedule of construction activity showing significant
milestones including the commencement of activities consistent with
the requirements of 30 CFR part 285, subpart G.

(5) Other information

Additional information as requested by BOEM.

(d) BOEM will withhold trade secrets and commercial or financial information that is privileged or confidential
from public disclosure in accordance with the terms of § 585.114.

§ 585.646 What information and certifications must I submit with my GAP to assist BOEM in
complying with NEPA and other applicable laws?
You must submit, with your GAP, detailed information and analysis to assist BOEM in complying with NEPA and
other applicable laws.
30 CFR 585.646 (enhanced display)

page 90 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.646(a)

(a) A GAP submitted for an area in which BOEM has not reviewed GAP activities under NEPA or other
applicable Federal laws must describe those resources, conditions, and activities listed in paragraphs
(b)(1) through (10) of this section that your proposed activities may significantly affect or that may have a
significant effect on your activities proposed in your GAP (including where the potential significance of
the effect is unknown) and must contain any other information required by law.
(b) For a GAP submitted for an area in which BOEM has considered GAP activities under applicable Federal
law (e.g., a NEPA analysis and CZMA consistency determination for the GAP activities), BOEM will review
the GAP to determine if its impacts are consistent with those previously considered. If the anticipated
effects of your proposed GAP activities are significantly different than those previously anticipated, we
may determine that additional NEPA and other relevant Federal reviews are required. In that case, BOEM
will notify you of such determination, and you must submit a GAP that describes those resources,
conditions, and activities listed in the following table that your proposed activities may significantly affect
or that may have a significant effect on your activities proposed in your GAP (including where the
potential significance of the effect is unknown) and must contain any other information required by law,
including:

Type of information:

Including:

(1) Hazard information

Meteorology, oceanography, sediment transport, geology, and shallow
geological or manmade hazards.

(2) Water quality

Turbidity and total suspended solids from construction; impact from
vessel discharges.

(3) Biological resources

Benthic communities, marine mammals, sea turtles, coastal and
marine birds, fish and shellfish, plankton, sea grasses, and other plant
life.

(4) Threatened or
endangered species

As required by the ESA (16 U.S.C. 1531 et seq.).

(5) Sensitive biological
resources or habitats

Essential fish habitat, refuges, preserves, special management areas
identified in coastal management programs, marine protected areas,
including State and Federal coastal and marine protected areas, as
well as nearby national marine sanctuaries and nearby marine
national monuments, rookeries, hard bottom habitat, chemosynthetic
communities, calving grounds, barrier islands, beaches, dunes, and
wetlands.

(6) Archaeological
resources use, other
historic property use,
Indigenous traditional
cultural use, or use
pertaining to treaty and
reserved rights with Native
Americans or other
Indigenous peoples

Required information to conduct review of the COP under the NHPA
or other applicable laws or policies, including treaty and reserved
rights with Native Americans or other Indigenous peoples.

(7) Social and economic
conditions

Employment, existing offshore and coastal infrastructure (including
major sources of supplies, services, energy, and water), land use,

30 CFR 585.646(b) (enhanced display)

page 91 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

Type of information:

30 CFR 585.647

Including:
subsistence resources and harvest practices, recreation, recreational
and commercial fishing (including typical fishing seasons, location,
and type), minority and lower income groups, coastal zone
management programs, and a visual impact assessment.

(8) Coastal and marine
uses

Military activities, vessel traffic, fisheries, and exploration and
development of other natural resources. This includes a navigational
safety risk assessment that provides a description of the predicted
impacts of the project to navigation, and the measures you will use to
avoid or minimize such adverse impacts. This document also must
be submitted to the U.S. Coast Guard to assist with its analysis if your
proposal identifies potential impediments to safe navigation.

(9) Consistency
Certification

If required by CZMA, under:
(i) 15 CFR part 930, subpart D, if the GAP is submitted before lease or
grant issuance;
(ii) 15 CFR part 930, subpart E, if the GAP is submitted after lease or
grant issuance.

(10) Other resources,
conditions, and activities

As required by BOEM.

§ 585.647 How will my GAP be processed for Federal consistency under the Coastal Zone
Management Act?
Your GAP will be processed based on whether it is submitted before or after your lease or grant is issued:

If your
GAP is
submitted:

Consistency review of your GAP will be handled as follows:

(a) Before
lease or
grant
issuance

You will furnish a copy of your GAP, consistency certification, and necessary data and
information to conduct an adequate consistency review to the applicable State CZMA
agencies if required by 15 CFR part 930, subpart D. Submit a copy to BOEM pursuant
to § 585.111.

(b) After
lease or
grant
issuance

You will submit a copy of your GAP, consistency certification, and necessary data and
information to BOEM if required by 15 CFR part 930, subpart E. BOEM will forward to
the applicable State CZMA agency or agencies one copy of your GAP, consistency
certification, and necessary data and information to conduct an adequate consistency
review required under 15 CFR part 930, subpart E, after BOEM has determined that all
information requirements for the GAP are met.

30 CFR 585.647 (enhanced display)

page 92 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.648

§ 585.648 How will BOEM process my GAP?
(a) BOEM will review your submitted GAP, along with the information and certifications you submitted in
compliance with § 585.646, to determine if it contains the information necessary to conduct our technical
and environmental reviews.
(1) We will notify you if we deem your proposed facility or combination of facilities to be complex or
significant; and
(2) We will notify you if your submitted GAP lacks any necessary information.
(b) BOEM will prepare appropriate NEPA analysis.
(c) When appropriate, we will coordinate and consult with relevant State and Federal agencies and affected
federally recognized Indian Tribes and provide to other local, State, and Federal agencies and affected
federally recognized Indian Tribes relevant nonproprietary data and information pertaining to your
proposed activities.
(d) During the review process, we may request additional information if we determine that the information
provided is not sufficient to complete the review and approval process. If you fail to provide the requested
information, BOEM may disapprove your GAP.
(e) Upon completion of our technical and environmental reviews and other reviews required by Federal law
(e.g., CZMA), BOEM may approve, disapprove, or approve your GAP with conditions.
(1) If we approve your GAP, we will specify terms and conditions to be incorporated into your GAP. You
must certify compliance with certain of those terms and conditions, as required under 30 CFR
285.653(b); and
(2) If we disapprove your GAP, we will inform you of the reasons and allow you an opportunity to submit
a revised plan addressing our concerns, and we may suspend your lease or grant, as appropriate, to
give you a reasonable amount of time to resubmit the GAP.

§ 585.649 [Reserved]
ACTIVITIES UNDER AN APPROVED GAP
§ 585.650 When may I begin conducting activities under my GAP?
After BOEM approves your GAP, you may begin conducting the approved activities that do not involve a project
easement or the construction of facilities on the OCS that BOEM has deemed to be complex or significant.

§ 585.651 When may I construct complex or significant OCS facilities on my limited lease or any
facilities on my project easement proposed under my GAP?
If you are applying for a project easement or installing a facility or a combination of facilities on your limited lease
deemed by BOEM to be complex or significant, as provided in § 585.648(a)(1), you also must comply with the
requirements of 30 CFR part 285, subpart G, and submit your safety management system description required by 30
CFR 285.810 before construction may begin.

§ 585.652 How long do I have to conduct activities under an approved GAP?
After BOEM approves your GAP, you have:
30 CFR 585.652 (enhanced display)

page 93 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.652(a)

(a) For a limited lease, the time period established under § 585.236(a)(2), unless we renew the operations
period under §§ 585.425 through 585.429.
(b) For a ROW grant or RUE grant, the time provided in the terms of the grant.

§ 585.653 What other reports or notices must I submit to BOEM under my approved GAP?
You must prepare and submit to BOEM annually a report that summarizes the findings from any activities you
conduct under your approved GAP and the results of those activities. BOEM will protect the information from public
disclosure as provided in § 585.114.

§ 585.654 [Reserved]
§ 585.655 What activities require a revision to my GAP, and when will BOEM approve the
revision?
(a) You must notify BOEM in writing before conducting any activities on the OCS not described in your
approved GAP. Your notice must describe in detail the type of activities you propose to conduct. We will
determine whether the activities you propose require a revision to your GAP. We may request additional
information from you, if necessary, to make this determination. Upon receipt of your revised GAP, BOEM
will make a determination as to whether it deems the facility or combination of facilities described in your
revised GAP to be complex or significant.
(1) If BOEM determines that your revised GAP is not complex or significant, you may conduct your
approved activities in accordance with § 585.650.
(2) If BOEM determines that your revised GAP is complex or significant, then you must comply with the
requirements of § 585.651.
(b) BOEM will periodically review the activities conducted under an approved GAP. The frequency and extent
of the review will be based on the significance of any changes in available information and on onshore or
offshore conditions affecting, or affected by, the activities conducted under your GAP. If the review
indicates that the GAP should be revised to meet the requirement of this part, BOEM will require you to
submit the needed revisions.
(c) Activities for which a proposed revision to your GAP likely will be necessary include:
(1) Activities on the OCS not described in your approved GAP that could have significant environmental
impacts or that may affect threatened or endangered species, or that may affect designated critical
habitat of such species or that may result in incidental take of marine mammals;
(2) Modifications to the number, size, or type of facilities (including associated components) or
equipment you will use outside of the PDE that was approved for your project;
(3) Changes in the geographical location or layout of bottom disturbances, offshore facilities, or onshore
support bases beyond the range of possible locations described in your approved GAP;
(4) Structural failure of any facility operated under your approved GAP; or
(5) Change to any other activity specified by BOEM.
(d) We may begin the appropriate NEPA analysis and any relevant consultations when we determine that a
proposed revision could:
(1) Result in a significant change in the impacts previously identified and evaluated;
30 CFR 585.655(d)(1) (enhanced display)

page 94 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.655(d)(2)

(2) Require any additional Federal authorizations; or
(3) Involve activities not previously identified and evaluated that could have significant environmental
impacts or that may affect threatened or endangered species, or that may affect designated critical
habitat of such species, or that may result in incidental take of marine mammals.
(e) When you propose a revision, we may approve the revision if we determine that the revision is:
(1) Designed not to cause undue harm or damage to natural resources; life (including human and
wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of
historical or archaeological significance; and
(2) Otherwise consistent with the provisions of subsection 8(p) of the OCS Lands Act.

§ 585.656 What must I do if I cease activities approved in my GAP before the end of my term?
You must notify BOEM any time you cease activities under your approved GAP without an approved suspension. If
you cease activities for an indefinite period that exceeds 6 months, BOEM may cancel your lease or grant under §
585.422, as applicable, and you must initiate the decommissioning process, as set forth in 30 CFR part 285, subpart
I.

§ 585.657 What must I do upon completion of approved activities under my GAP?
Upon completion of your approved activities under your GAP, you must decommission your project as set forth in 30
CFR part 285, subpart I. You must submit your decommissioning application as provided in 30 CFR 285.905 and
285.906.

CABLE AND PIPELINE DEVIATIONS
§ 585.658 Can my cable or pipeline construction deviate from my approved COP or GAP?
(a) You must make every effort to ensure that all cables and pipelines are constructed in a manner that
minimizes deviations from the approved plan under your lease or grant.
(b) If BOEM determines that a significant change in conditions has occurred that would necessitate an
adjustment to your ROW, RUE, or lease before the commencement of construction of the cable or pipeline
on the grant or lease, BOEM will consider modifications to your ROW grant, RUE grant, or your lease
addendum for a project easement in connection with your COP or GAP.
(c) If, after construction, it is determined that a deviation from the approved plan has occurred, you must:
(1) Notify the operators of all leases (including mineral leases issued under this subchapter) and holders
of all ROW grants or RUE grants (including all grants issued under this subchapter) which include the
area where a deviation has occurred and provide BOEM with evidence of such notification;
(2) Relinquish any unused portion of your lease or grant; and
(3) Submit a revised plan for BOEM approval as necessary.
(d) Construction of a cable or pipeline that substantially deviates from the approved plan may be grounds for
cancellation of the lease or grant.

§ 585.659-585.699 [Reserved]
30 CFR 585.659-585.699 (enhanced display)

page 95 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.700

ENVIRONMENTAL PROTECTION REQUIREMENTS UNDER APPROVED PLANS
Source: 89 FR 42728, May 15, 2024, unless otherwise noted.

§ 585.700 What requirements must I include in my SAP, COP, or GAP regarding air quality?
(a) You must comply with the Clean Air Act (42 U.S.C. 7409) and its implementing regulations in 40 CFR part
55, according to the following table.

If your project is located . . .

You must . . .

(1) In the Gulf of America west of 87.5° west
longitude (western Gulf of America) or offshore of
the North Slope Borough of Alaska

Include in your plan any information required
for BOEM to make the appropriate air quality
determinations for your project.

(2) Anywhere else on the OCS

Follow the appropriate implementing
regulations as promulgated by the EPA under
40 CFR part 55.

(b) For air quality modeling that you perform in support of the activities proposed in your plan, you should
contact the appropriate regulatory agency to establish a modeling protocol to ensure that the agency's
needs are met and that the meteorological files used are acceptable before initiating the modeling work.
In the western Gulf of America (west of 87.5° west longitude) and offshore of the North Slope Borough of
Alaska, you must submit to BOEM three copies of the modeling report and three sets of digital files as
supporting information. The digital files must contain the formatted meteorological files used in the
modeling runs, the model input file, and the model output file.
[89 FR 42728, May 15, 2024, as amended at 90 FR 24072, June 6, 2025]

§ 585.701 How must I conduct my approved activities to protect marine mammals, threatened
and endangered species, and designated critical habitat?
(a) You must not conduct any activity under your lease or grant that may affect threatened or endangered
species or that may affect designated critical habitat of such species until the appropriate level of
consultation is conducted, as required under the ESA, as amended (16 U.S.C. 1531 et seq.), to ensure that
your actions are not likely to jeopardize a threatened or endangered species and are not likely to destroy
or adversely modify designated critical habitat.
(b) You must not conduct any activity under your lease or grant that is likely to result in an incidental taking of
marine mammals until the appropriate authorization has been issued under the Marine Mammal
Protection Act of 1972 (MMPA) as amended (16 U.S.C. 1361 et seq.).
(c) If there is reason to believe that a threatened or endangered species may be present while you conduct
your BOEM-approved activities or may be affected by the direct or indirect effects of your actions:

30 CFR 585.701(c) (enhanced display)

page 96 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.701(c)(1)

(1) You must notify us that endangered or threatened species may be present in the vicinity of the lease
or grant or may be affected by your actions; and
(2) We will consult with appropriate State and Federal fish and wildlife agencies and, after consultation,
shall identify whether, and under what conditions, you may proceed.
(d) If there is reason to believe that designated critical habitat of a threatened or endangered species may be
affected by the direct or indirect effects of your BOEM-approved activities:
(1) You must notify us that designated critical habitat of a threatened or endangered species in the
vicinity of the lease or grant may be affected by your actions; and
(2) We will consult with appropriate State and Federal fish and wildlife agencies and, after consultation,
shall identify whether, and under what conditions, you may proceed.
(e) If there is reason to believe that marine mammals are likely to be incidentally taken as a result of your
proposed activities:
(1) You must agree to secure an authorization from National Oceanic and Atmospheric Administration
(NOAA) or the U.S. Fish and Wildlife Service (FWS) for incidental taking, including taking by
harassment, that may result from your actions; and
(2) You must comply with all measures required by the NOAA or FWS, including measures to affect the
least practicable impact on such species and their habitat and to ensure no immitigable adverse
impact on the availability of the species for subsistence use.
(f) Submit to us:
(1) Measures designed to avoid or minimize adverse effects and any potential incidental take of the
endangered or threatened species or marine mammals;
(2) Measures designed to avoid likely adverse modification or destruction of designated critical habitat
of such endangered or threatened species;
(3) Your agreement to monitor for the incidental take of the species and adverse effects on the critical
habitat, and provide the results of the monitoring as required;
(4) Your agreement to perform any relevant terms and conditions of the Incidental Take Statement that
may result from the ESA consultation; and
(5) Your agreement to perform any relevant mitigation measures under an MMPA incidental take
authorization.

§ 585.702 What must I do if I discover a potential archaeological resource while conducting my
approved activities?
(a) If you, your subcontractors, or any agent acting on your behalf discovers a potential archaeological
resource while conducting construction activities, or any other activity related to your project, you must:
(1) Immediately halt all seafloor-disturbing activities within the area of the discovery;
(2) Notify BOEM of the discovery within 72 hours; and
(3) Keep the location of the discovery confidential and not take any action that may adversely affect the
archaeological resource until we have made an evaluation and instructed you on how to proceed.

30 CFR 585.702(a)(3) (enhanced display)

page 97 of 98

30 CFR Part 585 (up to date as of 7/25/2025)
Renewable Energy on the Outer Continental Shelf

30 CFR 585.702(b)

(b) We may require you to conduct additional investigations to determine if the resource is eligible for listing
in the National Register of Historic Places under 36 CFR 60.4. We will do this if:
(1) The site has been impacted by your project activities; or
(2) Impacts to the site or to the area of potential effect cannot be avoided.
(c) If investigations under paragraph (b) of this section indicate that the resource is potentially eligible for
listing in the National Register of Historic Places, we will tell you how to protect the resource, or how to
mitigate adverse effects to the site.
(d) If we incur costs in protecting the resource, under section 110(g) of the NHPA, we may charge you
reasonable costs for carrying out preservation responsibilities under the OCS Lands Act.

§ 585.703 How must I conduct my approved activities to protect essential fish habitats
identified and described under the Magnuson-Stevens Fishery Conservation and Management
Act?
(a) If, during the conduct of your approved activities, BOEM finds that essential fish habitat or habitat areas of
particular concern may be adversely affected by your activities, BOEM must consult with National Marine
Fisheries Service.
(b) Any conservation recommendations adopted by BOEM to avoid or minimize adverse effects on essential
fish habitat will be incorporated as terms and conditions in the lease and must be adhered to by the
applicant. BOEM may require additional surveys to define boundaries and avoidance distances.
(c) If required, BOEM will specify the survey methods and instrumentations for conducting the biological
survey and will specify the contents of the biological report.

30 CFR 585.703(c) (enhanced display)

page 98 of 98