Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 30 - Mineral Resources |
Chapter II - Bureau of Safety and Environmental Enforcement, Department of the Interior |
SubChapter B - Offshore |
Part 585 - Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf |
Subpart C - Rights-of-Way Grants and Rights-of-Use and Easement Grants for Renewable Energy Activities |
Competitive Lease Award Process—Post-Auction Provisions |
§ 585.225 - What happens if BOEM accepts a bid?
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§ 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.
(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.