CFR > Title 30 - Mineral Resources > CHAPTER II—MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR > SUBCHAPTER B—OFFSHORE (parts 250 to 285) > PART 285—RENEWABLE ENERGY ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF > SUBPART B—Issuance of OCS Renewable Energy Leases (§285.200 to §285.238) > 285.231—How will BOEMRE process my unsolicited request for a noncompetitive lease?

285.231—How will BOEMRE process my unsolicited request for a noncompetitive lease?

(a) The MMS will consider unsolicited requests for a lease on a case-by-case basis and may issue a lease noncompetitively in accordance with this part. We will not consider an unsolicited request for a lease under this part that is proposed in an area of the OCS that is scheduled for a lease sale under this part.
(b) The MMS will issue a public notice of a request for interest relating to your proposal and consider comments received to determine if competitive interest exists.
(c) If MMS determines that competitive interest exists in the lease area:
(1) The MMS will proceed with the competitive process set forth in §§ 285.210 through 285.225;
(2) If you submit a bid for the lease area in a competitive lease sale, your acquisition fee will be applied to the deposit for your bonus bid; and
(3) If you do not submit a bid for the lease area in a competitive lease sale, MMS will not refund your acquisition fee.
(d) If MMS determines that there is no competitive interest in a lease:
(1) We will publish in the Federal Register a notice that there is no competitive interest; and
(2) You must submit within 60 days of the date of the notice to MMS:
(i) For a commercial lease, a SAP, as described in §§ 285.605 through 285.613; or
(ii) For a limited lease, a GAP, as described in §§ 285.640 through 285.648.
(e) The MMS will coordinate and consult with affected Federal agencies, State, and local governments, and affected Indian tribes in the review of noncompetitive lease requests and associated plans.
(f) If we approve or approve with conditions your SAP or GAP, we may offer you a noncompetitive lease.
(g) If you accept the terms and conditions of the lease, then we will issue the lease, and you must comply with all terms and conditions of your lease and all applicable provisions of this part. If we issue you a lease, we will send you a notice with 3 copies of the lease form.
(1) Within 10 business days after you receive the lease copies you must:
(i) Execute the lease;
(ii) File financial assurance as required under §§ 285.515 through 285.537; and
(2) Within 45 days after you receive the lease copies, you must pay the first 6-months rent, as required in § 285.503.
(h) The MMS will publish in the Federal Register a notice announcing the issuance of your lease.
(i) If you do not accept the terms and conditions, MMS will not issue a lease, and we will not refund your acquisition fee.

Code of Federal Regulations

[74 FR 19807, Apr. 29, 2009, as amended at 76 FR 28180, May 16, 2011]