Federal Register - November 1, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Notices
7. BOEMs Environmental Review Process Before deciding whether and where leases may be issued, BOEM will prepare an environmental assessment EA under the NEPA process, including a public scoping period to determine the scope of the EA and a public review and comment period on the draft EA. The EA will consider the reasonably foreseeable environmental consequences associated with leasing, such as site characterization activities including geophysical, geotechnical, archaeological, and biological surveys and site assessment activities including installation of a meteorological tower or meteorological buoy. BOEM also will conduct consultations to consider the environmental consequences associated with issuing commercial wind energy leases within the Call Area. These consultations include, but are not limited to, those required by the Coastal Zone Management Act, the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, section 106 of NHPA, and Executive Order 13175Consultation and Coordination with Indian Tribal Governments. Through the NEPA and consultation process, BOEM may evaluate mitigation measures to minimize possible impacts resulting from potential project activities to resources, such as migratory birds, marine mammals, and sea turtles.
Before BOEM allows a lessee to begin construction of a wind energy project on a lease issued within the Call Area, BOEM will consider the potential environmental effects of the construction and operation of any wind energy facility under a separate, projectspecific NEPA process. This separate NEPA process will include additional opportunities for public involvement and likely will result in the publication of an environmental impact statement.
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8. BOEMs Planning and Leasing Process 1. Determination of Competitive Interest: Subsection 8p3 of the OCS
Lands Act 43 U.S.C. 1337p3 states that the Secretary shall issue a lease, easement, or right-of-way . . . on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-ofway that there is no competitive interest. Accordingly, BOEM must first determine whether competitive interest exists in acquiring a lease within the Call Area to develop offshore wind energy. At the conclusion of the comment period for this Call, BOEM
will review the Call and RFI
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nominations received and determine if competitive interest exists in any part area of the Call Area.
For areas with two or more valid nominations, BOEM may consider proceeding with competitive leasing as described in section 8.2 of this Call entitled Competitive Leasing Process.
For areas where BOEM determines that there is only one interested entity, BOEM may consider proceeding with noncompetitive leasing, as described in section 8.3 entitled Noncompetitive Leasing Process.
If BOEM determines that competitive interest exists and that those areas are appropriate to lease, BOEM may hold one or more competitive lease sales for those areas. In the event BOEM holds a lease sale, all qualified bidders, including bidders that did not submit a nomination in response to this Call or the RFI, will be able to participate in the lease sale.
BOEM reserves the right to not lease nominated areas or to modify nominated areas before offering them for lease.
2. Competitive Leasing Process: BOEM
will follow these steps required by 30
CFR 585.211 through 585.225 if it decides to proceed with the competitive leasing process:
a Area Identification: Based on the information received in response to this Call and the RFI, BOEM will determine the level of commercial interest and will identify the areas that would be appropriate to analyze for potential leasing. The areas identified will constitute wind energy areas WEA and will be subject to an EA as described in section 7 above, in consultation with appropriate Federal agencies, federally recognized Tribes, State and local governments, and other interested parties.
b Proposed Sale Notice PSN: If BOEM decides to proceed with a competitive lease sale within the WEA
after completion of its EA and consultations, BOEM will publish a PSN
in the Federal Register with a comment period of 60 days. The PSN will describe the areas BOEM intends to offer for leasing and the proposed conditions of sale, auction format, and lease instrument, including lease addenda. Additionally, the PSN will describe the criteria and process for evaluating bids in the auction.
c Final Sale Notice FSN: After considering the comments on the PSN, if BOEM decides to proceed with a competitive lease sale, it will publish a FSN in the Federal Register at least 30
days before the date of the lease sale.
d Bid Submission and Evaluation:
Following publication of the FSN in the
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Federal Register, BOEM will offer the lease areas through a competitive sale process, using procedures specified in the FSN. Afterwards, BOEM will review the sale, including bids and bid deposits, for technical and legal adequacy. BOEM will ensure that bidders have complied with the FSN
and all applicable regulations. BOEM
reserves the rights to reject any or all bids and to withdraw its offer to lease an area, even after bids have been submitted.
e Issuance of a Lease: Following identification of the winning bid on a lease area, BOEM will notify the successful bidder and will provide lease documents for signature. BOEM requires a successful bidder to sign and return the lease documents, pay the remainder of the bonus bid, if applicable, and file the required financial assurance within 10-business days of receiving the lease documents. Upon receipt of the required payments, financial assurance, and properly signed lease documents, BOEM
may execute a lease with the successful bidder.
3. Noncompetitive Leasing Process:
BOEM will follow these steps if it decides to proceed with a noncompetitive leasing process:
a Determination of No Competitive Interest: If, after evaluating all relevant information, including responses to this Call and the RFI, BOEM determines competitive interest does not exist in all or a portion of the Call Area, it may proceed with noncompetitive leasing under 30 CFR 585.231 and 585.232.
BOEM will seek to determine if the sole respondent who nominated a particular area intends to proceed with acquiring the lease. If so, the respondent must submit an acquisition fee as specified in 30 CFR 585.502a. After the acquisition fee is paid, BOEM will follow the process outlined in 30 CFR 585.231d through i, which includes the publication of a determination of no competitive interest in the Federal Register.
b Review of Lease Request: BOEM
will complete an EA and required consultations as discussed in section 7
before issuing a lease noncompetitively.
Specifically, BOEM will coordinate and consult, as appropriate, with relevant Federal agencies, federally recognized Tribes, affected State and local governments, and other affected or interested parties in formulating lease terms, conditions, and stipulations.
c Lease Issuance: After completing its review of the lease request, BOEM
may offer a noncompetitive lease.
Within 10-business days of receiving the lease documents, the respondent must sign them and provide a $100,000 lease-
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