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 - Issuance of OCS Renewable Energy Leases

§ 585.150 - What is the Renewable Energy Leasing Schedule?

General Lease Information

§ 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 Process

§§ 585.217--585.219 - [Reserved]

Competitive Lease Award Process

§§ 585.226--585.229 - [Reserved]

Noncompetitive Lease Award Process

§§ 585.233--585.234 - [Reserved]

Commercial and Limited Lease Terms

§ 585.237 - What is the effective date of a lease?

§§ 585.151--585.199 - [Reserved]

Subpart C - Rights-of-Way Grants and Rights-of-Use and Easement Grants for Renewable Energy Activities

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?

§ 585.203 - With whom will BOEM consult before issuance of leases?

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?

§ 585.238 - 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]

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]

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?

Obtaining Row Grants and Rue Grants

§ 585.310 - What is the effective date of a ROW grant or RUE grant?

§§ 585.311--585.314 - [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?

Row Grants and Rue Grants

§ 585.300 - What types of activities are authorized by ROW grants and RUE grants issued under this part?

§ 585.304 - [Reserved]

Financial Requirements for Row Grants and Rue Grants

Subpart D - Lease and Grant Administration

§ %C2%A7 585.400-585.404 - 585.400-585.404 [Reserved]

Lease or Grant Assignment

§§ 585.412--585.414 - [Reserved]

Lease or Grant Renewal

§ 585.428 - What effect does applying for a renewal have on my activities and payments?

§§ 585.430--585.431 - [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]

Designation of Operator

§ 585.407 - [Reserved]

ROW Grants and RUE Grants

§ 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?

Noncompliance and Cessation Orders

§ 585.400 - What happens if I fail to comply with this part?

§ 585.401 - When may BOEM issue a cessation order?

§ 585.402 - What is the effect of a cessation order?

§§ 585.403--585.404 - [Reserved]

Lease or Grant Cancellation

§ %C2%A7 585.423-585.424 - 585.423-585.424 [Reserved]

Lease or Grant Relinquishment

Lease or Grant Suspension

§ 585.417 - When may BOEM order a suspension?

§ 585.418 - How will BOEM issue a suspension?

§ 585.419 - What are my immediate responsibilities if I receive a suspension order?

§ 585.421 - How long will a lease or grant suspension be in effect?

§§ 585.422--585.424 - [Reserved]

Lease or Grant Contraction

Lease or Grant Termination

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 - Payments and Financial Assurance Requirements

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 Renewal

§ 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?

§ 585.427 - How long is a renewal?

§ 585.429 - What criteria will BOEM consider in deciding whether to renew a lease or grant?

Changes in Financial Assurance

§ 585.531 - What happens if the value of my financial assurance is reduced?

§ 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]

Designation of Operator

§ 585.405 - How do I designate an operator?

§ 585.406 - Who is responsible for fulfilling lease and grant obligations?

Financial Assurance for Limited Leases, Row Grants, and Rue Grants

§§ 585.522--585.524 - [Reserved]

Requirements for Financial Assurance Instruments

Lease or Grant Suspension

§ 585.415 - What is a lease or grant suspension?

§ 585.416 - How do I request a lease or grant suspension?

§ 585.420 - What effect does a suspension order have on my payments?

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]

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]

Revenue Sharing With States

Payments

§ 585.509 - Who is responsible for submitting lease or grant payments to ONRR?

§§ 585.511--585.514 - [Reserved]

Financial Assurance Requirements for Commercial Leases

§ 585.515 - What financial assurance must I provide when I obtain my commercial lease?

§§ 585.518--585.519 - [Reserved]

Lease or Grant Cancellation

§ 585.422 - When can my lease or grant be canceled?

Subpart F - Payments and Financial Assurance Requirements

§ 585.602 - What records must I maintain?

General Activities Plan Requirements for Limited Leases, Row Grants, and Rue Grants

§§ 585.643--585.644 - [Reserved]

Contents of the General Activities Plan

§ 585.649 - [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?

Revenue Sharing With States

§ 585.540 - How will BOEM equitably distribute revenues to States?

§ 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]

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]

§ 585.636 - What notices must I provide BOEM following approval of my COP?

§ 585.637 - When may I commence commercial operations on my commercial lease?

§ 585.638 - What must I do upon completion of my commercial operations as approved in my COP or FERC license?

§ 585.639 - [Reserved]

§ %C2%A7 585.636-585.639 - 585.636-585.639 [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?

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?

Activities Under an Approved Gap

§ 585.650 - When may I begin conducting activities under my GAP?

§ 585.654 - [Reserved]

Activities Under an Approved SAP

§ 585.616 - [Reserved]

§ 585.619 - [Reserved]

Contents of the Site Assessment Plan

Construction and Operations Plan for Commercial Leases

§ 585.620 - What is a Construction and Operations Plan (COP)?

§ 585.623-585.625 - [Reserved]

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 renewable energy projects?

§ 585.510 - May BOEM defer, reduce, or waive my lease or grant payments?

§§ 585.511--585.515 - [Reserved]

Site Assessment Plan and Information Requirements for Commercial Leases

§§ 585.608--585.609 - [Reserved]

Environmental Protection Requirements Under Approved Plans

§ 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?

Contents of the Construction and Operations Plan

§ 585.629 - May I develop my lease in phases?

§ 585.630 - [Reserved]

§ %C2%A7 585.629-585.630 - 585.629-585.630 [Reserved]

Cable and Pipeline Deviations

§ 585.659 - [Reserved]

Changes in Financial Assurance

§ 585.530 - What must I do if my financial assurance lapses?

§ 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?

§ %C2%A7 585.602-585.604 - 585.602-585.604 [Reserved]

§§ 585.603--585.604 - [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?

Certified Verification Agent

§ 585.705 - When must I use a Certified Verification Agent (CVA)?

§ 585.706 - How do I nominate a CVA for BOEM approval?

§ 585.707 - What are the CVA's primary duties for facility design review?

§ 585.708 - What are the CVA's or project engineer's primary duties for fabrication and installation review?

§ 585.709 - When conducting onsite fabrication inspections, what must the CVA or project engineer verify?

§ 585.710 - When conducting onsite installation inspections, what must the CVA or project engineer do?

§ 585.711 - [Reserved]

§ 585.712 - What are the CVA's or project engineer's reporting requirements?

§ 585.713 - What must I do after the CVA or project engineer confirms conformance with the Fabrication and Installation Report on my commercial lease?

§ 585.714 - What records relating to SAPs, COPs, and GAPs must I keep?

Construction and Operations Plan for Commercial Leases

§ 585.621 - What must I demonstrate in my COP?

§ 585.622 - How do I submit my COP?

Reports

§ 585.704 - [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?

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?

Cable and Pipeline Deviations

§ 585.658 - Can my cable or pipeline construction deviate from my approved COP or GAP?

§§ 585.659--585.699 - [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?

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?

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?

§ 585.617 - 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?

Activities Under an Approved 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?

§ 585.655 - 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?

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?

Activities Under an Approved COP

§ 585.631 - When must I initiate activities under an approved COP?

§ 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?

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?

Subpart H - Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs

§ 585.800 - How must I conduct my activities to comply with safety and environmental requirements?

§ 585.801 - How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?

§ 585.802 - What must I do if I discover a potential archaeological resource while conducting my approved activities?

§ 585.803 - How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act?

Incident Reporting and Investigation

§ 585.830 - What are my incident reporting requirements?

§ 585.831 - What incidents must I report, and when must I report them?

§ 585.832 - How do I report incidents requiring immediate notification?

§ 585.833 - What are the reporting requirements for incidents requiring written notification?

Safety Management Systems

§ 585.810 - What must I include in my Safety Management System?

§ 585.811 - When must I follow my Safety Management System?

§ 585.812 - [Reserved]

Inspections and Assessment

§ 585.820 - Will BOEM conduct inspections?

§ 585.821 - Will BOEM conduct scheduled and unscheduled inspections?

§ 585.822 - What must I do when BOEM conducts an inspection?

§ 585.823 - Will BOEM reimburse me for my expenses related to inspections?

§ 585.824 - How must I conduct self-inspections?

§ 585.825 - When must I assess my facilities?

§§ 585.826--585.829 - [Reserved]

Maintenance and Shutdowns

§ 585.813 - When do I have to report removing equipment from service?

§ 585.814 - [Reserved]

Equipment Failure and Adverse Environmental Effects

§ 585.815 - What must I do if I have facility damage or an equipment failure?

§ 585.816 - What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?

§§ 585.817--585.819 - [Reserved]

§§ 585.804--585.809 - [Reserved]

Subpart I - Decommissioning

Decommissioning Obligations and Requirements

§ 585.900 - Who must meet the decommissioning obligations in this subpart?

§ 585.901 - When do I accrue decommissioning obligations?

§ 585.902 - What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP?

§ 585.903 - What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?

§ 585.904 - Can I request a departure from the decommissioning requirements?

Facility Removal

§ 585.909 - When may BOEM authorize facilities to remain in place following termination of a lease or grant?

§ 585.910 - What must I do when I remove my facility?

§ 585.911 - [Reserved]

Decommissioning Report

§ 585.912 - After I remove a facility, cable, or pipeline, what information must I submit?

Compliance With an Approved Decommissioning Application

§ 585.913 - What happens if I fail to comply with my approved decommissioning application?

Decommissioning Applications

§ 585.905 - When must I submit my decommissioning application?

§ 585.906 - What must my decommissioning application include?

§ 585.907 - How will BOEM process my decommissioning application?

§ 585.908 - What must I include in my decommissioning notice?

Subpart J - Rights of Use and Easement for Energy- and Marine-Related Activities Using Existing OCS Facilities

Requesting an Alternate Use Rue

§ 585.1004 - What must I do before I request an Alternate Use RUE?

§ 585.1005 - How do I request an Alternate Use RUE?

§ 585.1006 - How will BOEM decide whether to issue an Alternate Use RUE?

§ 585.1007 - What process will BOEM use for competitively offering an Alternate Use RUE?

§§ 585.1008--585.1009 - [Reserved]

Alternate Use Rue Administration

§ 585.1010 - How long may I conduct activities under an Alternate Use RUE?

§ 585.1011 - What payments are required for an Alternate Use RUE?

§ 585.1012 - What financial assurance is required for an Alternate Use RUE?

§ 585.1013 - Is an Alternate Use RUE assignable?

§ 585.1014 - When will BOEM suspend an Alternate Use RUE?

§ 585.1015 - How do I relinquish an Alternate Use RUE?

§ 585.1016 - When will an Alternate Use RUE be cancelled?

§ 585.1017 - [Reserved]

Regulated Activities

§ 585.1000 - What activities does this subpart regulate?

§§ 585.1001--585.1003 - [Reserved]

Decommissioning an Alternate Use Rue

§ 585.1018 - Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?

§ 585.1019 - What are the decommissioning requirements for an Alternate Use RUE?