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 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 on the state of the offshore renewable energy industry.
§ 585.117 - [Reserved]
§ 585.118 - What are my appeal rights?
Subpart B - 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 a lease?
§ 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
§ 585.210 - How does BOEM initiate the competitive leasing process?
§ 585.211 - What is the process for competitive issuance of leases?
§ 585.212 - What is the process BOEM will follow if there is reason to believe that competitors have withdrawn before the Final Sale Notice is issued?
§ 585.213 - What must I submit in response to a Request for Interest or a Call for Information and Nominations?
§ 585.214 - What will BOEM do with information from the Requests for Information or Calls for Information and Nominations?
§ 585.215 - What areas will BOEM offer in a lease sale?
§ 585.216 - What information will BOEM publish in the Proposed Sale Notice and Final Sale Notice?
§§ 585.217--585.219 - [Reserved]
Competitive Lease Award Process
§ 585.220 - What auction format may BOEM use in a lease sale?
§ 585.221 - What bidding systems may BOEM use for commercial leases and limited leases?
§ 585.222 - What does BOEM do with my bid?
§ 585.223 - What does BOEM do if there is a tie for the highest bid?
§ 585.224 - What happens if BOEM accepts my bid?
§ 585.225 - What happens if my bid is rejected, and what are my appeal rights?
§§ 585.226--585.229 - [Reserved]
Noncompetitive Lease Award Process
§ 585.230 - May I request a lease if there is no Call?
§ 585.231 - How will BOEM process my unsolicited request for a noncompetitive lease?
§ 585.232 - May I acquire a lease noncompetitively after responding to a Request for Interest or Call for Information and Nominations?
§§ 585.233--585.234 - [Reserved]
Commercial and Limited Lease Terms
§ 585.235 - If I have a commercial lease, how long will my lease remain in effect?
§ 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?
Subpart C - Right-of-Way (ROW) and Right-of-Use and Easement (RUE) Grants for Renewable Energy Activities
Obtaining Row Grants and Rue Grants
§ 585.305 - How do I request a ROW grant or 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 - When will BOEM issue a noncompetitive ROW grant or RUE grant?
§ 585.310 - What is the effective date of a ROW grant or RUE grant?
§ %C2%A7 585.311-585.314 - 585.311-585.314 [Reserved]
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]
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?
Subpart D - Lease and Grant Administration
§ %C2%A7 585.400-585.404 - 585.400-585.404 [Reserved]
Lease or Grant Assignment
§ 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 - How does an assignment affect the assignor's liability?
§ 585.411 - How does an assignment affect the assignee's liability?
§ %C2%A7 585.412-585.414 - 585.412-585.414 [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]
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]
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
§ 585.422 - When can my lease or grant be canceled?
§ 585.437 - When can my lease or grant be canceled?
§ %C2%A7 585.423-585.424 - 585.423-585.424 [Reserved]
Lease or Grant Relinquishment
§ 585.435 - How can I relinquish a lease or a grant or parts of a lease or grant?
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?
§ 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?
§§ 585.422--585.424 - [Reserved]
Lease or Grant Contraction
§ 585.436 - Can BOEM require lease or grant contraction?
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?
Subpart E - Payments and Financial Assurance Requirements
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 bond?
§ 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]
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?
§ 585.533 - How does my surety obtain cancellation of my bond?
§ 585.534 - When may BOEM cancel my bond?
§ 585.535 - Why might BOEM call for forfeiture of my bond?
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.
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 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?
§ 585.509 - Who is responsible for submitting lease or grant payments to ONRR?
§ 585.510 - May BOEM reduce or waive my lease or grant payments?
§§ 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?
§ 585.516 - What are the financial assurance requirements for each stage of my commercial lease?
§ 585.517 - How will BOEM determine the amounts of the supplemental and decommissioning financial assurance requirements associated with commercial leases?
§§ 585.518--585.519 - [Reserved]
Subpart F - Plan Requirements
§ 585.600 - What plans must I submit to BOEM before I conduct activities on my lease or grant?
§ 585.601 - When am I required to submit my plans to BOEM?
§ 585.602 - What records must I maintain?
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 relevant 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 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 - 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]
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?
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]
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 relevant 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?
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]
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]
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?
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 relevant laws?
§ 585.628 - How will BOEM process my COP?
§ 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
§ 585.658 - Can my cable or pipeline construction deviate from my approved COP or GAP?
§ 585.659 - [Reserved]
§ %C2%A7 585.602-585.604 - 585.602-585.604 [Reserved]
§§ 585.603--585.604 - [Reserved]
Subpart G - Facility Design, Fabrication, and Installation
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?
Reports
§ 585.704 - [Reserved]
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?