BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND ENFORCEMENT
FACT SHEET REVISIONS TO OFFSHORE RENEWABLE ENERGY REGULATIONS

In an effort to simplify the leasing process for federal offshore renewable energy development, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) is proposing a revision to current regulations in situations where there is only one qualified, interested developer. The revision eliminates a redundant step, potentially saving six to 12 months in the leasing process.

The Current Process
The Energy Policy Act of 2005 requires the Secretary to issue renewable energy leases competitively unless there is a finding of no competitive interest. Accordingly, federal regulations for renewable energy development on the Outer Continental Shelf (OCS), 30 CFR Section 285.231, require BOEMRE to determine whether competitive interest exists for a lease area when an unsolicited proposal is received from a developer. This is accomplished through the issuance of a Request for Interest (RFI), published in the Federal Register. If no other qualified developer expresses interest in the proposed lease area, BOEMRE can proceed with the noncompetitive lease process.

BOEMRE also proposes areas for renewable energy development on the OCS through similar notices in the Federal Register. In cases in which only one qualified developer responds to an RFI, indicating interest in the proposed area, the regulations require BOEMRE to follow the process used for an unsolicited proposal to issue a noncompetitive lease, resulting in a second RFI to confirm no competitive interest exists.

Proposed Changes
The second RFI to confirm that competitive interest does not exist can take six to 12 months to complete. BOEMRE has determined this step is redundant and in fact, unnecessary, when only one qualified developer responds to an RFI. The proposed revision will eliminate the requirement for the second RFI and allow the bureau to proceed with the noncompetitive lease process.

How Can the Public Comment on the Proposed Revision?
The proposed revision will be available for public inspection this afternoon through the Federal Register’s website at: http://www.archives.gov/federal-register/public-inspection/index.html and will be open for public comment for 30 days after publication. If BOEMRE receives no significant adverse comments on the rule change, the revision will go into effect 30 days after the end of the comment period.

For additional information, visit: BOEMRE Renewable Energy Website