A Citizen’s Guide 

TO THE BUREAU OF OCEAN ENERGY MANAGEMENT’S 

RENEWABLE ENERGY AUTHORIZATION PROCESS

December 2016
2 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Overview

This guide is intended to help the public understand the 

Bureau of Ocean Energy Management’s (BOEM) process 

for overseeing renewable energy projects on the Outer 

Continental Shelf (OCS) and to highlight opportunities for 

public involvement.

About BOEM

BOEM is the Bureau within the U.S. Department of the 

Interior responsible for managing development of the 

nation’s offshore energy resources in an environmentally 

and economically responsible way. BOEM promotes energy 

independence, environmental protection, and economic 

development through responsible, science-informed management of offshore 

energy resources.

Introduction 

The United States is experiencing increased interest in the development of marine 

energy projects using wind, wave, and ocean current technologies. These types 

of renewable energy sources can provide densely populated coastal communities 

with a clean source of electrical power while helping to diversify the U.S. electrical 

supply. For additional information on offshore renewable energy technology, see 

BOEM’s “Offshore Renewable Energy Guide” at http://www.boem.gov/OffshoreRenewable-Energy-Guide/.

In 2016, the U.S. Department of Energy (DOE) estimated 10,800 gigawatts (GW) 

of offshore wind energy could be accessed within the 200 nautical miles (nm) 

Exclusive Economic Zone (EEZ) boundary. DOE estimates offshore wind energy 

capacity recoverable given current technical capabilities to be 2,058 GW, with 

an energy generation potential almost double the electricity consumption of the 

United States.
Bureau of Ocean Energy Management | 3

BOEM’s Regulatory Authority for Renewable Energy Activities

BOEM is the federal agency responsible for issuing leases, easements, and 

rights-of-way for renewable energy projects on the OCS. The OCS is regulated 

by the Department of the Interior through the Outer Continental Shelf Lands Act 

(OCSLA). The OCS refers to the 1.7 billion acres of Federal submerged lands, 

subsoil, and seabed beginning three nm off the coastline (for most states) and 

extending to the edge of the EEZ.

BOEM’s authority to oversee renewable energy development derives from 

amendments to subsection 8(p) of the OCSLA (43 U.S.C. 1337), as set forth in 

section 388(a) of the Energy Policy Act of 2005 (EPAct) (Pub. L. 109-58). The 

Secretary of the Interior delegated authority to BOEM to regulate activities that 

produce or support the production, transportation, or transmission of energy 

from sources other than oil and gas. BOEM published regulations governing 

its renewable energy program in 2009 (30 C.F.R. Part 585). For additional 

information on BOEM’s renewable energy regulatory framework and associated 

guidelines, see http://www.boem/gov/National-and-Regional-Guidelines-for 

Renewable-Energy-Activities/. 

BOEM’s Renewable Energy 

Oversight Process 

Types of Leases and Grants

A lease is an agreement authorizing the use of a 

designated portion of the OCS for renewable energy 

activities. There are three types of leases:

1. Commercial lease — for commercial 

activities that generate energy for sale and 

distribution.

2. Limited lease — for activities that support the production of energy, but do 

not result in the production of electricity for sale or distribution beyond a 

very limited threshold.
4 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

3. Research lease — reserved solely for States or Federal agencies conducting 

renewable energy research activities on the OCS.

A developer holding a lease is referred to as a lessee. A lease is an agreement 

that allows a prospective renewable energy developer to explore, develop, and, 

potentially, produce energy from renewable energy resources. A lease does 

not grant the lessee the right to construct any facilities; rather, the lease grants 

the right to develop a plan for use of the area for BOEM’s review and potential 

approval — a Site Assessment Plan (SAP), Construction and Operations Plan 

(COP), or General Activities Plan (GAP). Activities proposed in a plan are subject 

to BOEM’s approval after thorough environmental and technical reviews are 

conducted.

BOEM may also issue two types of grants associated with renewable energy projects:

Right-of-Way (ROW) — A ROW grant authorizes the installation of cables, 

pipelines, and associated facilities that involve the transportation or transmission 

of electricity or other energy produced from a renewable energy project that is not 

located on the OCS.

Right-of-Use (RUE) — A RUE grant authorizes 

the construction and maintenance of facilities 

or installations that support the production, 

transportation, or transmission of electricity 

or other energy produced from a renewable 

energy project in the OCS.

Competitive vs. Non-Competitive Leasing

The Energy Policy Act of 2005 requires that BOEM 

issue leases and grants on a competitive basis, unless it determines that there is no 

competitive interest in the proposed lease or grant. When only one developer has 

indicated interest in developing a given site, BOEM may issue a lease or grant noncompetitively. If multiple developers express interest in leasing a given site, then 

BOEM proceeds with a competitive leasing process, which may ultimately result in a 

lease sale where developers can bid against each other to win the lease or grant.
Bureau of Ocean Energy Management | 5

Required Plans for Renewable Energy Activities

y Site Assessment Plan (SAP) — The SAP describes 

how the lessee will conduct resource assessment 

activities, such as the installation of meteorological 

towers or buoys, and technology testing during the 

site assessment phase of the commercial lease. 

BOEM must approve the SAP before the lessee can 

install facilities or conduct activities described in 

the SAP.

y Construction and Operations Plan (COP) — 

The COP describes how the lessee will construct 

and operate a commercial wind project on a 

commercial lease. The COP includes a description 

of all planned facilities as well as a description of 

proposed construction activities, commercial operations, and conceptual 

decommissioning plans. BOEM must approve the COP before the lessee 

can install facilities or conduct commercial activities described in the COP.

y General Activities Plan (GAP) — The GAP describes how the lessee/

grantee will construct and operate renewable energy facilities on a limited 

lease or ROW/RUE grant. The GAP includes a description of construction 

activities for all planned facilities, associated activities, and conceptual 

decommissioning plans. BOEM must approve the GAP before the lessee can 

install facilities or conduct activities described in the GAP.

The Leasing Process

The following charts describe the various renewable energy authorization 

processes, noting opportunities for public involvement, for OCS project proposals. 

For offshore wind energy projects, BOEM has sole jurisdiction and determines 

whether to issue leases and approve projects. For marine hydrokinetic projects 

(such as wave or ocean current), BOEM and FERC have a shared jurisdiction 

where BOEM issues leases and oversees the siting of such projects, and FERC 

issues licenses and approves construction and operation of the projects. 
6 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Chart 1 

BOEM TYPICAL AUTHORIZATION PROCESS FOR COMMERCIAL WIND 

ENERGY PROJECTS ON THE OUTER CONTINENTAL SHELF: COMPETITIVE 

Note: for illustrative purposes only

1. BOEM Issues a Request for Interest (RFI) to Determine Competitive Interest in a 

Potential Lease Area (in response to applicant’s lease application)

 

3. BOEM Publishes Call for Information and Nominations for interest in commercial 

wind energy leases and a Notice of Intent (NOI) to Prepare an Environmental 

Assessment to support BOEM’s leasing and Site Assessment Plan (SAP) 

decision-making 

2. BOEM Determines Competitive Interest 

4. BOEM Conducts Area Identification to delineate Wind Energy Area 

5. BOEM Conducts National Environmental Policy Act (NEPA) Review and Consultations 

 

Footnote: there can be some variances to this process (e.g., BOEM may issue a 

call and forgo the RFI stage.
Bureau of Ocean Energy Management | 7

7. Lessee Submits SAP; BOEM reviews proposed activities and approves, approves with 

modification, or disapproves SAP 

Published in the 

Federal Register

www.federalregister.gov

Public Comment 

Period

Public Meetings

PUBLIC INVOLVEMENT OPPORTUNITIES:

Posted on 

BOEM’s Website

www.boem.gov

6. BOEM Lease Issuance

a. BOEM Issues Proposed Sale Notice 

b. BOEM Issues Final Sale Notice 

c. BOEM Holds Lease Sale Auction

d. BOEM Awards Lease 

• Applicant cannot begin construction of wind facility until after Step 10

8. If SAP Approved, Lessee Conducts Site Assessment and Submits Construction and

Operations Plan (COP) 

9. BOEM Conducts NEPA Review and Consultation, Review of COP Activities, and 

Technical Reviews 

10.BOEM Approves COP 

• BOEM reviews Facility Design Report (FDR) and Fabrication and Installation Report (FIR) 

and may raise objections

• If all objections resolved, lessee can now begin project development/construction
8 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

1. BOEM Issues a Request for Interest (RFI) to Determine Competitive Interest in a 

Potential Lease Area (in response to applicant’s lease application)

If the applicant submits 

only a Site Assessment 

Plan (SAP): 

3. BOEM and Applicant Negotiate 

Lease Terms and Sign Lease 

4. Lessee Submits a Site Assessment 

Plan (SAP) 

5. BOEM Conducts Environmental 

Review Pursuant to National 

Environmental Policy Act (NEPA)

 

6. BOEM Approves the SAP 

7. Lessee Submits Construction and

Operations Plan (COP) 

2. BOEM Determines No Competitive Interest 

If the applicant submits a 

Construction and Operations 

Plan (COP) or a combined 

COP/SAP:

3. Applicant Submits 

a COP or COP/SAP 

4. BOEM Conducts Environmental 

Review on COP or COP/SAP 

Pursuant to NEPA

 

Chart 2 

BOEM TYPICAL AUTHORIZATION PROCESS FOR COMMERCIAL 

WIND ENERGY PROJECTS ON THE OUTER CONTINENTAL SHELF: 

NON-COMPETITIVE

Note: for illustrative purposes only
Bureau of Ocean Energy Management | 9

8. BOEM Conducts Environmental 

Review on COP Pursuant to NEPA 

 

9. BOEM Approves COP 

• BOEM reviews Facility Design 

Report (FDR) and Fabrication and 

Installation Report (FIR)

• If approved, lessee can now begin 

project development/construction

5. BOEM and Applicant Negotiate Lease 

Terms and Sign Lease; BOEM 

Approves the COP or COP/SAP 

• BOEM reviews FDR and FIR

• If approved, lessee can now begin 

project development/construction

Published in the 

Federal Register

www.federalregister.gov

Public Comment 

Period

Public Meetings

PUBLIC INVOLVEMENT OPPORTUNITIES:

Posted on 

BOEM’s Website

www.boem.gov
10 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Chart 3 

BOEM TYPICAL AUTHORIZATION PROCESS FOR MARINE 

HYDROKINETIC (WAVE, CURRENT) PROJECTS (Assumes Use of the 

FERC Integrated Licensing Process)

Note: for illustrative purposes only

1. BOEM Issues a Request for Interest (RFI) to Determine Competitive Interest in a 

Potential Lease Area (in response to applicant’s lease application) 

If there is no 

competitive interest:

2. BOEM Publishes a 

Determination of No 

Competitive Interest (DNCI) 

 

If there is competitive interest:

2. BOEM Conducts Lease Sale 

a. BOEM Publishes Call for Information and 

Nominations for Interest in Commercial 

Hydrokinetic Energy Leases and a Notice of 

Intent to Prepare an Environmental 

Assessment to Support BOEM’s Leasing and 

Site Assessment Plan Decision-Making

b. BOEM Performs Area Identification to 

Delineate Hydrokinetic Energy Area

• Based on comments gathered in 

consultation with federal, tribal, state, 

local governments and others

c. BOEM Conducts National Environmental 

Policy Act (NEPA) Review and Consultations 

 

d. BOEM Publishes 

Proposed and Final Sale Notices 

e. BOEM Holds Sale and Evaluates Bids

f. BOEM Awards Lease 

• Applicant cannot begin construction of 

hydrokinetic facility until after Step 5

3. Applicant/Lessee Submits a Site Assessment Plan (SAP) 

to BOEM and Pre-Application Document (PAD) to FERC 
Bureau of Ocean Energy Management | 11

Continues on next page

If there is no competitive 

interest:

5. BOEM issues a lease 

and FERC issues a license 

If there is competitive 

interest:

5. FERC issues a license; 

BOEM synchronizes the lease 

term with FERC license term 

4. BOEM and FERC Conduct Joint Environmental Review Pursuant to NEPA

 

• Applicant/Lessee submits proposed Study Plan to FERC

• FERC issues Study Plan Determination

• Applicant/Lessee conducts studies

• Applicant/Lessee files Preliminary Licensing Proposal and License Application with FERC

Published in the 

Federal Register

www.federalregister.gov

Public Comment 

Period

Public Meetings

PUBLIC INVOLVEMENT OPPORTUNITIES:

Posted on 

BOEM’s Website

www.boem.gov
12 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Chart 4 

RIGHT-OF-WAY GRANT PROCESS FOR NON-COMPETITIVE PROJECTS

Note: for illustrative purposes only

In addition to issuing leases, BOEM has the authority to issue Right-of-Way (ROW) 

grants. These ROW grants enable applicants to connect renewable energy installations 

that are not located on the OCS to the electrical grid via transmission lines located on 

the OCS.

1. Applicant Submits a Right-of-Way (ROW) request

3. Applicant Submits a

General Activities 

Plan (GAP) to BOEM 

3. BOEM and the Applicant 

Negotiate Grant Terms and 

BOEM Issues the Grant 

2. BOEM Issues a Request for Interest (RFI) to 

Determine Competitive Interest in a Potential Grant Area 

If there is no competitive interest:

OR

4. Grantee Submits a General 

Activities Plan (GAP) to BOEM

4. BOEM Conducts Environmental 

Review of the GAP, Pursuant 

to the National Environmental 

Policy Act (NEPA)

 

5. BOEM Conducts Environmental 

Review of the GAP, Pursuant 

to NEPA

 
Bureau of Ocean Energy Management | 13

Published in the 

Federal Register

www.federalregister.gov

Public Comment 

Period

Public Meetings

PUBLIC INVOLVEMENT OPPORTUNITIES:

Posted on 

BOEM’s Website

www.boem.gov

5. BOEM and the Applicant 

Negotiate Grant Terms and 

BOEM Issues Grant; BOEM 

Approves GAP, Possibly with 

Modifications

6. BOEM Approves GAP, 

Possibly with Modifications 

Given the precise geographic nature of ROW grant applications, BOEM finds it 

unlikely that ROW proposals would be overlapping and subject to competition. 

However, if there is competitive interest, BOEM will undertake a competitive 

process for authorizing a ROW grant.
14 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Renewable Energy Research and 

Understanding Potential Impacts

BOEM engages stakeholders and 

members of the public to gather 

available information and identify 

critical data gaps to ensure robust 

analysis of the impacts of proposed 

renewable energy activities on the 

OCS. BOEM’s Environmental Studies 

Program acquires scientific information, 

often through partnerships with states, 

federal agencies, and academic institutions, to inform policy, decision-making 

and resource management. Research covers physical oceanography, atmospheric 

sciences, biology, protected species, social sciences and economics, submerged 

cultural resources, and environmental fates and effects. BOEM is a leading 

contributor to the growing body of scientific knowledge about the nation’s marine 

and coastal environment. This information helps BOEM understand potential 

impacts leasing and development activities could have on the ocean environment, 

leading to responsible management.

For environmental studies about offshore renewable energy technologies, visit 

BOEM’s website at http://www.boem.gov/Renewable-Energy-EnvironmentalStudies/ and http://www.boem.gov/Studies/ or the U.S. Department of Energy’s 

Pacific Northwest National Laboratory website (http://tethys.pnnl.gov/).

Stakeholder Engagement and Public Involvement 

Stakeholder engagement is a cornerstone of BOEM’s renewable energy program, 

and the bureau has developed a number of processes to facilitate coordination, 

collaboration, and outreach. BOEM’s Renewable Energy Program focuses on 

providing opportunities for renewable energy development while minimizing and 

mitigating potential conflicts with environmental resources and other ocean users.
Bureau of Ocean Energy Management | 15

Intergovernmental Task Forces

BOEM’s primary mechanism for coordinating with governmental partners is its 

Intergovernmental Renewable Energy Task Forces. These Task Forces consist of 

federally recognized tribes, federal agencies, states, and local governments. 

Through each Task Force, BOEM actively seeks to involve relevant and affected 

governmental entities in the various stages of planning and project review. Though 

Task Forces are government-only bodies, all Task Force meetings are open to the 

public and each meeting is followed by public question-and-answer sessions led 

by BOEM. BOEM has established Task Forces in 14 coastal states to date. Task 

Forces serve as forums to:

y Coordinate planning to identify the most appropriate sites for renewable 

energy leasing and development activities.

y Provide education about BOEM’s processes and permitting and statutory 

requirements as early in the planning process as possible.

y Exchange information about biological and physical resources, ocean uses, 

and priorities.

y Discuss BOEM’s renewable energy activities throughout the four phases 

of its process: planning, leasing, site assessment, and construction and 

operations.

More information about past and future meetings can be found at: 

http://www.boem.gov/Renewable-Energy-State-Activities/.

Federal Register Notices

BOEM often solicits public comment during major steps of its 

offshore renewable energy authorization process by publishing 

notices in the Federal Register. At different points in the 

process, BOEM may publish a Request for Interest (RFI), Call for 

Information and Nominations (Call), Notice of Intent (NOI) to 

prepare an Environmental Assessment (EA) or an Environmental 

Impact Statement (EIS), a Proposed Sale Notice (PSN), or a 

Notice of Availability (NOA) of an EA or EIS. When notices 

are published, public comments can be submitted through 
16 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

Regulations.gov, and BOEM has a “one-stop-shop” webpage where it is easy to 

find any notices that are currently open for public comment: http://www.boem.

gov/Submitting-Comments/.

National Environmental Policy Act (NEPA) Review

The National Environmental Policy Act (NEPA) requires federal agencies to 

integrate environmental values into its decision-making processes by considering 

the environmental impacts of proposed actions and reasonable alternatives 

to those actions. The NEPA process is typically documented through either an 

Environmental Assessment (EA) or an Environmental Impact Statement (EIS) and its 

accompanying Record of Decision (ROD), which describes the agency’s rationale 

in its decision-making.

One of the first steps in the NEPA process—scoping—solicits input from the 

public to inform the environmental analysis. When preparing an EA, the degree 

of public engagement is at the 

agency’s discretion, and is typically 

scaled appropriately given the 

circumstances of the action. 

However, when preparing an EIS, 

the law requires the agency to 

provide several opportunities for 

public involvement, including a 

public comment period, public 

meetings, and an opportunity 

for public comment on the draft 

and final EISs. There is a 30-day 

waiting period after the publication 

of a Final EIS before the agency 

can publish a ROD, so there is an 

additional opportunity for public 

comment prior to a final agency 

Public scoping helps identify issues 

important to the public, including 

potential impacts to: 

y Archaeological/cultural sites

y Fisheries

y Historic properties

y Migratory species

y Native American interests

y Navigation/maritime commerce 

y Protected species (such as marine 

mammals, birds, sea turtles, bats)

y Sensitive offshore habitats

y Socioeconomic issues and 

environmental justice

y Recreation and tourism

y Viewshed 

y Aviation

y National security
Bureau of Ocean Energy Management | 17

decision during that process. For more 

information about NEPA, visit the Council 

on Environmental Quality’s NEPA Guide: 

https://ceq.doe.gov/nepa/Citizens_

Guide_Dec07.pdf.

BOEM’s leasing and plan review 

decisions are subject to NEPA review. 

BOEM requests public comment as part 

of the environmental review process, 

such as during scoping and during the 

preparation of an EA or EIS. 

BOEM solicits feedback to:

y Identify key issues to examine;

y Determine whether additional studies are necessary to inform BOEM’s 

environmental reviews; and

y Determine whether to issue a lease and/or approve a plan, and, if so, which 

mitigation measures to include as lease stipulations or terms and conditions 

of plan approval.

Other Opportunities for Public Involvement

There are a variety of opportunities for the public to receive updates about 

BOEM’s offshore renewable energy activities:

y Review “Public Engagement Opportunities” on BOEM’s website: 

http://www.boem.gov/Public-Engagement-Opportunities/.

y Subscribe to the email list for Stakeholder Announcements: 

http://goo.gl/6knce4.

y Read BOEM’s Federal Register notices: 

http://www.boem.gov/Submitting-Comments/.

y Sign up for the BOEM Bulletin: http://www.boem.gov/BOEM-Bulletin/.
18 | A Citizen’s Guide to the Bureau of Ocean Energy Management’s Renewable Energy Authorization Process

y Contact BOEM’s External Affairs Liaison: http://www.boem.gov/

uploadedFiles/External%20Affairs%20Liaison.pdf.

y Read BOEM’s Notes to Stakeholders: http://www.boem.gov/

Notes-to-Stakeholders/.

y Review online resources with FAQs, fact sheets, statistics, reports, and 

an online library at http://www.boem.gov/Renewable-Energy/.

y Attend NEPA public meetings.

y Attend public information meetings, outreach meetings and public 

Q&A sessions.

y Attend and observe Intergovernmental Task Force meetings.

y Refer to BOEM’s Renewable Energy Program webpage for the most 

up-to-date information on OCS renewable energy activities: 

http://www.boem.gov/Renewable-Energy/.

BOEM Coordination with 

Other Agencies 

BOEM has established a number of 

mechanisms to collaborate with other 

agencies. For example, BOEM has 

developed Memoranda of Understanding 

(MOUs) with other federal agencies 

describing each agency’s roles for reviewing 

renewable energy projects on the OCS, 

helping to streamline the leasing and 

permitting processes.

As mentioned previously, BOEM has also 

established Intergovernmental Renewable 

Energy Task Forces on a state-by-state basis to coordinate among states, tribes, 

local governments, and relevant federal agencies. At present, BOEM has 

established such Task Forces with Maine, Rhode Island, Massachusetts, New 

York, New Jersey, Delaware, Maryland, Virginia, South Carolina, North Carolina, 

Florida, Oregon, Hawaii, and California. 

BOEM has MOUs with the

following federal agencies:

y Bureau of Safety and 

Environmental Enforcement

y Federal Energy Regulatory 

Commission

y U.S. Coast Guard

y U.S. Army Corps of Engineers

y U.S. Department of Defense

y U.S. Fish and Wildlife Service
Bureau of Ocean Energy Management | 19

For review of specific projects, BOEM establishes cooperating agency agreements 

with federal and state agencies so that the environmental review is complete and 

thorough. BOEM also conducts government-to-government consultation with 

federally-recognized tribes, and coordinates other required consultations pursuant 

to the National Historic Preservation Act, Endangered Species Act, the MagnusonStevens Fishery Conservation and Management Act, the Clean Water and Clean 

Air Acts, the Migratory Bird Treaty Act, and other important environmental statutes. 

Additional Information

For additional information, please contact: 

Bureau of Ocean Energy Management

Office of Public Affairs

1849 C Street, NW 

Washington, D.C. 20240 

Phone: (202) 208-6474 

BOEMPublicAffairs@boem.gov 

http://www.boem.gov/ 

States with Intergovernmental Task Forces
BUREAU OF OCEAN ENERGY MANAGEMENT

1849 C Street, NW, Washington, D.C. 20240

(202) 208-6474

http://www.boem.gov