Regulatory Development, Policy and Guidelines

Federal Register Notices and other relevant regulatory documents related to the national OCS Renewable Energy Program, including the Cape Wind Project, are provided at the links below.

Additional Federal Register Notices related to BOEM Offshore initiatives are available on the BOEM Offshore Federal  Register Notice web site.

Guidelines to Lessees, Operators and Applicants

BOEM has developed the following guidelines for renewable energy activities on the OCS. These informal documents are intended to provide lessees, operators and developers with additional information, clarification, description, or interpretation of a regulation, OCS standard or regional requirement; a better understanding of the scope and meaning of a regulation by explaining BOEM interpretation of a requirement; guidelines on the implementation of a special lease stipulation or regional requirement; or updated administrative information such as current telephone listings and a change in BOEM personnel or office address.

• BOEM / FERC Guidelines on Regulation of Marine and Hydrokinetic Energy Projects on the OCS (Version 2, July 19, 2012)
• What renewable energy activities on the OCS require authorization? (11-27-2009)
• Guidelines for the Minerals Management Service Renewable Energy Framework (07-2009) NOTE: This document is being updated to remove the guidelines specific to marine hydrokinetic development, as these guidelines have been updated and are now provided separately.
• Filing Addresses for Renewable Energy Lease and Grant Requests (11-01-2010)
• Guidelines for Information Requirements for a Renewable Energy Construction and Operations Plan (COP) (12-17-2010)
• Guidelines for Providing Geological and Geophysical, Hazards, and Archaeological Information Pursuant to 30 CFR Part 585  (11-09-2012)
• Qualification Guidelines to Acquire and Hold Renewable Energy Leases and Grants and Alternate Use Grants on the U.S. Outer Continental Shelf (09-12-2012 revised)
• Notices to Lessees clarify, describe, or interpret OCS regulations or standards.
• Guidelines for Providing Avian Survey Information for Renewable Energy Development on the Atlantic Outer Continental Shelf Pursuant to 30 CFR Part 585
• Guidelines for Submission of Spatial Data for Atlantic Offshore Renewable Energy Development Site Characterization Surveys

 Interim Policy

• What is the Interim Policy?
• Technical Correction to Notice of Nominations Received and Proposed Limited Renewable Energy Leases (04/30/08)
• Notice of Nominations Received and Proposed Limited Renewable Energy Leases on the Outer Continental Shelf (OCS) and Initiation of Coordination and Consultation (04/18/08)
• Proposed Lease Areas off California 
• Proposed Lease Area off Delaware
• Proposed Lease Areas off Florida 
• Proposed Lease Areas off Georgia
• Proposed Lease Areas off New Jersey
•  Request for Information and Nominations Notice (11/6/07)
• Notice of Intent: BOEMRE to Prepare an Environmental Assessment for Marine Hydrokinetic Technology Testing Offshore Florida

Lease Forms

• Renewable Energy Commercial Lease Form (11/29/12)
• Redline of Commercial Lease Form showing edits from Nov 2012  (11/29/12)
• Revised Interim Policy Lease Form and Information Collection Notice (04/21/08)
• Interim Policy Lease Form and Information Collection Notice (12/14/07)

Administrative Forms

•  Form BOEM-0002—Assignment of Grant 
•  Form BOEM-0003—Assignment of Interest in Lease
•  Form BOEM-0004—Lease or Grant Relinquishment Application
•  Form BOEM-0005—Lessee’s, Grantee’s, and Operator’s Bond
•  Form BOEM-0006—Designation of Operator
•  Form BOEM-0008—Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf

Programmatic Environmental Impact Statement (PEIS)

The United States Department of the Interior, Bureau of Ocean Energy Management (BOEM), formerly Minerals Management Service (MMS), prepared a final PEIS in support of the establishment of its program for authorizing alternative energy and alternate use (AEAU) activities on the Outer Continental Shelf (OCS), as authorized by Section 388 of the Energy Policy Act of 2005 (EPAct), and codified in subsection 8(p) of the Outer Continental Shelf Lands Act (OCSLA). The final PEIS examines the potential environmental effects of the program on the OCS and identifies policies and best management practices that may be adopted for the program. Under the program, BOEM has jurisdiction over AEAU projects on the OCS including, but not limited to: offshore wind energy, wave energy, ocean current energy, offshore solar energy, and hydrogen generation. BOEM will also have jurisdiction over other projects that make alternate use of existing oil and natural gas platforms in Federal waters on the OCS.

• Record of Decision for the Final PEIS (12/21/12)
• Final PEIS (06/12/12)  

Rules Development

• Renewable Energy Alternate Uses of Existing Facilities on the Outer Continental Shelf–Acquire a Lease Noncompetitively Direct Final Rule (11/26/2010)
• Proposed Rule: Renewable Energy and Alternate Use of Existing Facilities on the Outer Continental Shelf (07/09/08)
• Draft Environmental Assessment Corresponding to the Proposed Rule (07/09/08)
• Notice of Intent to Prepare Environmental Assessment (EA) (02/26/08)
• Advance Notice of Proposed Rulemaking (12/30/05)
• Energy Policy Act of 2005 (08/8/05)
• Section 388 of the Energy Policy Act of 2005 (08/8/05)

BOEM Leasing Procedures

• Information on BOEM Auctions