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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 30 - Mineral Resources |
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Chapter V—Bureau of Ocean Energy Management, Department of the Interior |
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SubChapter B—Offshore |
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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 - 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 - 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? |
| § 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 - Right-of-Way (ROW) Grants and Right-of-Use and Easement (RUE) Grants for Renewable Energy Activities |
| § %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 - Lease and Grant Administration |
| 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? |
| § 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? |