Notice2022-25794
Cook Inlet Planning Area Outer Continental Shelf Oil and Gas Lease Sale 258
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 29, 2022
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
On Friday, December 30, 2022, the Bureau of Ocean Energy Management (BOEM) will open and publicly announce bids received for blocks offered in the Cook Inlet Planning Area Outer Continental Shelf (OCS) Oil and Gas Lease Sale 258 (Cook Inlet Sale 258), in accordance with the provisions of the Outer Continental Shelf Lands Act (OCSLA), as amended, and its implementing regulations. The Inflation Reduction Act of 2022, signed into law on August 16, 2022, requires BOEM to hold Cook Inlet Sale 258 by December 31, 2022. The Cook Inlet Sale 258 Final Notice of Sale (NOS) package contains information essential to potential bidders and consists of the Final NOS, Information to Lessees, and Lease Stipulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 228 (Tuesday, November 29, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73323-73327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25794]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0003]
Cook Inlet Planning Area Outer Continental Shelf Oil and Gas
Lease Sale 258
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Final notice of sale.
-----------------------------------------------------------------------
SUMMARY: On Friday, December 30, 2022, the Bureau of Ocean Energy
Management (BOEM) will open and publicly announce bids received for
blocks offered in the Cook Inlet Planning Area Outer Continental Shelf
(OCS) Oil and Gas Lease Sale 258 (Cook Inlet Sale 258), in accordance
with the provisions of the Outer Continental Shelf Lands Act (OCSLA),
as amended, and its implementing regulations. The Inflation Reduction
Act of 2022, signed into law on August 16, 2022, requires BOEM to hold
Cook Inlet Sale 258 by December 31, 2022. The Cook Inlet Sale 258 Final
Notice of Sale (NOS) package contains information essential to
potential bidders and consists of the Final NOS, Information to
Lessees, and Lease Stipulations.
DATES: BOEM will hold Cook Inlet Sale 258 at 10 a.m. on Friday,
December 30, 2022. All times referred to in this document are Alaska
time, unless otherwise specified.
Bid Submission Deadline: BOEM must receive all sealed bids by the
bid submission deadline of 10 a.m. on Thursday, December 29, 2022, the
day before the lease sale. Bids will not be accepted in person or by
email for any reason. For more information on bid submission, see
Section VII, ``Bidding Instructions,'' of this document.
ADDRESSES: Interested parties may download the Final NOS package from
BOEM's website at <a href="https://www.boem.gov/ak258/">https://www.boem.gov/ak258/</a>. Copies of the Final NOS
and the sale maps can also be obtained by contacting the BOEM Alaska
Regional Office: Bureau of Ocean Energy Management, 3801 Centerpoint
Drive, Suite 500, Anchorage, Alaska 99503-5823, (907) 334-5200, (800)
764-2627.
For addresses and instruction for submitting bids, see Section VII,
``Bidding Instructions,'' under SUPPLEMENTARY INFORMATION heading of
this notice.
FOR FURTHER INFORMATION CONTACT: Joel Immaraj, Alaska Regional
Supervisor, Office of Leasing and Plans, (907) 334-5238,
<a href="/cdn-cgi/l/email-protection#a6ccc9c3ca88cfcbcbc7d4c7cce6c4c9c3cb88c1c9d0"><span class="__cf_email__" data-cfemail="711b1e141d5f181c1c1003101b31131e141c5f161e07">[email protected]</span></a>, or Benjamin Burnett, Chief, Leasing Policy and
Management Division, Office of Strategic Resources, 703-787-1312,
<a href="/cdn-cgi/l/email-protection#f391969d99929e9a9ddd9186819d968787b3919c969edd949c85"><span class="__cf_email__" data-cfemail="1b797e75717a76727535796e69757e6f6f5b79747e76357c746d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority: 43 U.S.C. 1331 et seq. (Outer Continental Shelf Lands
Act, as amended) and 30 CFR 556.308(a).
Table of Contents
I. Lease Sale Area
II. Statutes and Regulations
III. Lease Terms and Economic Conditions
IV. Lease Stipulations
V. Information to Lessees
VI. Maps
VII. Bidding Instructions
VIII. Bidding Rules and Restrictions
IX. Forms
X. The Lease Sale
XI. Delay of Sale
I. Lease Sale Area
BOEM will offer for bid in this lease sale all unleased whole and
partial blocks in the area of Cook Inlet identified on the map included
as part of this notice that is entitled ``Cook Inlet Planning Area,
Lease Sale 258, December 30, 2022, Final Notice of Sale.'' The BOEM
Official Protraction Diagrams (OPDs) and Supplemental Official OCS
Block Diagrams are available online at <a href="https://www.boem.gov/alaska-cadastral-data">https://www.boem.gov/alaska-cadastral-data</a>. All blocks are shown on the following OPDs:
<bullet> Iliamna (OPD NO05-01)
<bullet> Seldovia (OPD NO05-02)
<bullet> Kenai (OPD NP05-08)
The available Federal area of each whole and partial block in this
lease sale is shown in the document entitled ``List of Blocks Available
for Leasing,'' which is included in the Final NOS package. Some of
these blocks, known as ``partial blocks,'' may be transected by
administrative lines, such as the jurisdictional line between Federal
and State waters. A bid on a block must include all of the available
Federal area of that block.
Bidders should be aware that BOEM has deferred from leasing a total
of 17 OCS blocks in the northern portion of the Cook Inlet Planning
Area: 10 blocks that overlap with beluga whale designated critical
habitat areas (blocks 6759, 6760, 6808, 6809, 6810, 6811, 6858, 6859,
6860, and 6861, as identified under OPD NP05-08) and 7 blocks that
overlap with northern sea otter designated critical habitat (blocks
6055, 6056, 6057, 6105, 6106, 6155, as identified under OPD NO05-02,
and block 6911, as identified under OPD NP05-08). As a result, BOEM
will not include a stipulation entitled ``Protection of Beluga Whale
Critical Habitat,'' which was included as stipulation 5 in the Proposed
NOS, since the blocks to which this stipulation would have applied are
not being offered for sale.
II. Statutes and Regulations
Congress directed BOEM to hold Cook Inlet Sale 258 by December 31,
2022, in the Inflation Reduction Act of 2022 (Pub. L. 117-169). Each
lease is issued pursuant to OCSLA, 43 U.S.C. 1331 et seq., as amended,
and 30 CFR part 556. All leases are subject to OCSLA, its implementing
regulations, and other applicable statutes and regulations in existence
upon the effective date of the lease. Additionally, all leases are
subject to applicable statutes enacted and regulations promulgated
thereafter, except to the extent that the after-
[[Page 73324]]
enacted statutes and regulations explicitly conflict with an express
provision of the lease. Each lease is also subject to amendments to
statutes and regulations, including but not limited to OCSLA, that do
not explicitly conflict with an express provision of the lease. The
lessee expressly bears the risk that such new or amended statutes and
regulations (i.e., those that do not explicitly conflict with an
express provision of the lease) may increase or decrease the lessee's
obligations under the lease. BOEM reserves the right to reject any and
all bids received, regardless of the amount offered (see 30 CFR
556.516(b)).
III. Lease Terms and Economic Conditions
Lease Terms
OCS Lease Form
BOEM will use Form BOEM-2005 (February 2017) to convey leases
resulting from this sale. This lease form can be viewed on BOEM's
website at <a href="https://www.boem.gov/BOEM-2005">https://www.boem.gov/BOEM-2005</a>. The lease form will be
amended to include specific terms, conditions, and stipulations
applicable to the individual lease. The terms, conditions, and
stipulations applicable to this sale are set forth below.
Primary Term: The primary term will be 10 years.
Minimum Bonus Bid Amounts: $25 per hectare or fraction thereof.
BOEM will not accept a bonus bid unless it provides for a cash bonus in
the amount equal to, or exceeding, the specified minimum bonus bid of
$25 per hectare or fraction thereof for all blocks.
Rental Rates: An annual rental rate for all blocks of $16 per
hectare or fraction thereof, until the start of year eight of the
primary term or a discovery of oil and gas, whichever occurs first;
then an annual rate of $24 per hectare or fraction thereof.
Royalty Rates: 18\3/4\ percent.
Minimum Royalty: $24 per hectare or fraction thereof per year.
Royalty Suspensions: No royalty suspension.
IV. Lease Stipulations
One or more of the following stipulations may be applied to leases
issued as a result of this lease sale. The applicable blocks for each
stipulation are identified on the map ``Cook Inlet Planning Area, Lease
Sale 258, December 30, 2022, Final Notice of Sale, Stipulation Blocks''
included in the Final NOS package. The detailed text of these
stipulations is contained in the ``Lease Stipulations'' section of the
Final NOS package.
(1) Protection of Fisheries
(2) Protection of Biological Resources
(3) Orientation Program
(4) Transportation of Hydrocarbons
(5) Protection of Beluga Whale Nearshore Feeding Areas
(6) Protection of Beluga Whales
(7) Protection of Northern Sea Otter Critical Habitat
(8) Protection of Gillnet Fishery
(9) Alaska Conflict Management Plan
(10) Royalties on All Produced Gas
V. Information to Lessees
The ``Information to Lessees'' (ITL) document provides detailed
information on certain issues pertaining to specific oil and gas lease
sales. The full text of the ITL for this sale is contained in the
``Information to Lessees'' section of the Final NOS package and covers
the following topics:
(1) Seismic Surveys: Environmental and Regulatory Review and
Coordination Requirements
(2) Archaeological and Geological Hazards Reports and Surveys
(3) Discharge Restrictions and Prohibitions
(4) Trash and Debris Awareness and Elimination
(5) Navigation Safety
(6) Notice of Arrival on the Outer Continental Shelf
(7) Bidder/Lessee Notice of Obligations Related to Criminal/Civil
Charges and Offenses, Suspension, or Debarment; Disqualification Due to
a Conviction under the Clean Air Act or the Clean Water Act
(8) Oil Spill Response Preparedness
(9) Bureau of Safety and Environmental Enforcement (BSEE) Inspection
and Enforcement of Certain U.S. Coast Guard (USCG) Regulations
(10) Air Quality Permit/Plan Approvals
(11) Inflation Reduction Act of 2022
VI. Maps
Maps pertaining to this lease sale are available on the BOEM
website at <a href="https://www.boem.gov/ak258/">https://www.boem.gov/ak258/</a>. The following maps also are
included in the Final NOS package:
(1) ``Cook Inlet Planning Area, Lease Sale 258, December 30, 2022,
Final Notice of Sale,'' which shows the blocks available for leasing;
and
(2) ``Cook Inlet Planning Area, Lease Sale 258, December 30, 2022,
Final Notice of Sale, Stipulation Blocks,'' which shows the
stipulations and the blocks to which they may apply.
VII. Bidding Instructions
Bids may be submitted BY MAIL ONLY through any parcel delivery
service (e.g., FedEx, UPS, USPS, DHL) at the address below in the
``Mailed Bids'' section. Bidders should be aware that BOEM has
eliminated in-person bidding for Cook Inlet Sale 258. Instructions on
how to submit a bid, secure payment of the advance bonus bid deposit
(if applicable), and the information to be included with the bid are as
follows:
Bid Form
For each block bid upon, a separate bid must be submitted in a
sealed envelope (as described below) and must include the following:
<bullet> Total amount of the bid in whole dollars only;
<bullet> Sale number;
<bullet> Sale date;
<bullet> Each bidder's exact name;
<bullet> Each bidder's proportionate interest, stated as a
percentage, using a maximum of five decimal places (e.g., 33.33333
percent);
<bullet> Typed name and title, and signature of each bidder's
authorized officer. Electronic signatures are acceptable. The typed
name, title, and signature must agree exactly with the name and title
on file in the BOEM Alaska Regional Office, Leasing Section;
<bullet> Each bidder's qualification number;
<bullet> OPD name and number;
<bullet> Block number; and
<bullet> Statement acknowledging that the bidder(s) understands
that this bid legally binds the bidder(s) to comply with all applicable
regulations, including the requirement to post a deposit in the amount
of one-fifth of the bonus bid amount for any tract bid upon and make
payment of the balance of the bonus bid and first year's rental upon
BOEM's acceptance of high bids.
The information required on each bid is specified in the document
``Bid Form'' included in the Final NOS package. A blank bid form is
provided in the Final NOS package for convenience and can be copied and
completed with the necessary information described above.
Bid Envelope
Each bid must be submitted in a separate sealed envelope labeled as
follows:
<bullet> ``Sealed Bid for Cook Inlet Sale 258, not to be opened
until 10 a.m., Friday, December 30, 2022'';
<bullet> OPD name and number;
<bullet> Block number for the block bid upon; and
<bullet> The exact name and qualification number of the submitting
bidder only.
The Final NOS package includes a sample bid envelope for reference.
Mailed Bids
Please address the envelope containing the sealed bid envelope(s)
as
[[Page 73325]]
follows: Attention: Regional Supervisor, Office of Leasing and Plans,
BOEM Alaska Regional Office, 3801 Centerpoint Dr., Ste. 500, Anchorage,
AK 99503-5823.
Contains Sealed Bids for Cook Inlet Sale 258
Please deliver to Mr. Joel Immaraj, 5th Floor, Immediately.
Please Note: Bidders should inform Mr. Joel Immaraj, Regional
Supervisor, Office of Leasing and Plans, BOEM by email at
<a href="/cdn-cgi/l/email-protection#d8b2b7bdb4f6b1b5b5b9aab9b298bab7bdb5f6bfb7ae"><span class="__cf_email__" data-cfemail="deb4b1bbb2f0b7b3b3bfacbfb49ebcb1bbb3f0b9b1a8">[email protected]</span></a> immediately after placing any bid in the mail.
This provides advance notice to BOEM regarding pending bids prior to
the bid submission deadline. In the email, please state the tracking
number of the bid package, the number of bids being submitted, and the
email address of the person who should receive the bid receipt for
signature. If BOEM receives bids later than the bid submission
deadline, the BOEM Alaska Regional Director (Alaska RD) will return
those bids unopened to bidders. Please see ``Section XI. Delay of
Sale'' regarding BOEM's discretion to extend the bid submission
deadline in the case of an unexpected event (e.g., flooding) and how
bidders can obtain more information on such extensions.
Advance Bonus Bid Deposit Guarantee
Bidders that are not currently an OCS oil and gas lease record
title holder or designated operator, or those that have ever defaulted
on a one-fifth bonus bid deposit, must guarantee (secure) the payment
of the one-fifth bonus bid deposit, by electronic funds transfer (EFT)
or otherwise, prior to bid submission using one of the following four
methods:
<bullet> Provide a third-party guarantee;
<bullet> Amend a development stage area-wide bond via bond rider;
<bullet> Provide a letter of credit; or
<bullet> Provide a lump sum payment in advance via EFT.
Please provide, at the time of bid submittal, a confirmation or
tracking number for the payment, the name of the company submitting the
payment as it appears on the payment, and the date the payment was
submitted to the Office of Natural Resources Revenue (ONRR) so that
BOEM can confirm payment. Submitting payment to the bidders' financial
institution at least five business days prior to bid submittal helps
ensure that the Office of Foreign Assets Control and the U.S.
Department of the Treasury (U.S. Treasury) have the time needed to
screen and process payments so they are posted to ONRR prior to placing
the bid. ONRR cannot confirm payment until the monies have been moved
into settlement status by the U.S. Treasury. Bids will not be accepted
if BOEM cannot confirm payment with ONRR.
If providing a third-party guarantee, amending a development stage
area-wide bond via bond rider, or providing a letter of credit to
secure your one-fifth bonus bid deposit, bidders are urged to file
these documents with BOEM well in advance of submitting the bid, to
allow processing time and time for bidders to take any necessary
curative actions prior to bid submission. For more information on EFT
procedures, see section X of this document entitled ``The Lease Sale.''
Affirmative Action
Prior to bidding, each bidder should file the Equal Opportunity
Affirmative Action Representation Form BOEM-2032 (February 2020,
available on BOEM's website at <a href="https://www.boem.gov/BOEM-2032/">https://www.boem.gov/BOEM-2032/</a>) and the
Equal Opportunity Compliance Report Certification Form BOEM-2033
(February 2020, available on BOEM's website at <a href="https://www.boem.gov/BOEM-2033/">https://www.boem.gov/BOEM-2033/</a>) with the BOEM Alaska Regional Office, Leasing Section. This
certification is required by 41 CFR part 60 and Executive Order (E.O.)
11246, issued September 24, 1965, as amended by E.O. 11375, issued
October 13, 1967, and by E.O. 13672, issued July 21, 2014. Both forms
must be on file for each bidder in the BOEM Alaska Regional Office
prior to the execution of any lease contract.
Geophysical Data and Information Statement (GDIS)
The GDIS is composed of three parts:
(1) A ``GDIS Statement'' page that includes the company
representatives' information and lists of blocks bid on that used
proprietary data and those blocks bid upon that did not use proprietary
data;
(2) A ``Table'' listing the required data about each proprietary
survey used (see below); and
(3) ``Maps,'' which contain the live trace maps for each
proprietary survey that is identified in the GDIS statement and table.
Every bidder submitting a bid on a block in Cook Inlet Sale 258, or
participating as a joint bidder in such a bid, must submit at the time
of bid submission all three parts of the GDIS. A bidder must submit the
GDIS, even if a joint bidder or bidders on a specific block also have
submitted a GDIS. Any speculative data that has been reprocessed
externally or ``in-house'' is considered proprietary due to the
proprietary processing and is no longer considered to be speculative.
Each bidder, including joint bidders, must submit the GDIS in a
separate and sealed envelope and must identify and submit all
proprietary data; reprocessed speculative data, and/or any Controlled
Source Electromagnetic surveys, Amplitude Versus Offset (AVO) data,
gravity data, and/or magnetic data; any and all velocity volumes; any
and all available acquisition, processing, or reprocessing reports; or
any other information used as part of the decision to bid or
participate in a bid on the block. All seismic data must be submitted
in 32-bit format SEG-Y with a text file listing header information
including byte positions of information in the SEG-Y header. Each
bidder, including joint bidders, must also include a live trace map for
each proprietary survey identified in the GDIS illustrating the actual
areal extent of the proprietary geophysical data in the survey (see the
``Example of Preferred Format'' that is included in the Final NOS
package for additional information). The shapefile must include only
the live trace map of the survey itself, submitted in NAD83 UTM Zone 5N
(indicate if transformed from an alternate datum).
The GDIS statement must include the name, phone number, and full
address for a contact person and an alternate, who are both
knowledgeable about the geophysical information and data listed and who
are available for 30 days after the sale date. The GDIS statement must
also include a list of all blocks bid upon that did not use proprietary
or reprocessed pre- or post-stack geophysical data and information as
part of the decision to bid or to participate as a joint bidder in the
bid. Bidders must submit the GDIS statement even if no proprietary
geophysical data and information were used in bid preparation for the
block.
An example of the preferred format of the table is included in the
Final NOS package, and a blank digital version of the preferred table
may be accessed on the Cook Inlet Sale 258 sale web page at <a href="https://www.boem.gov/ak258/">https://www.boem.gov/ak258/</a>. The GDIS table should have columns that clearly
state the following:
<bullet> The sale number;
<bullet> The bidder company's name;
<bullet> The joint bidder's company's name (if applicable);
<bullet> The company providing proprietary data to BOEM;
<bullet> The block area and block number bid upon;
<bullet> The owner of the original data set (i.e., who initially
acquired the data);
<bullet> The industry's original name of the survey (e.g., E
Octopus);
[[Page 73326]]
<bullet> The BOEM permit number for the survey;
<bullet> Whether the dataset is a fast-track version;
<bullet> Whether the data is speculative or proprietary;
<bullet> The data type (e.g., 2-D, 3-D, or 4-D; pre-stack or post-
stack; time or depth);
<bullet> The migration algorithm (e.g., Kirchhoff migration, wave
equation migration, reverse time migration) of the data;
<bullet> The live proprietary survey coverage (2-D line miles or 3-
D mi\2\);
<bullet> The computer storage size, to the nearest gigabyte, of
each seismic dataset and velocity volume submitted;
<bullet> Who reprocessed the data;
<bullet> Date the final processing or reprocessing was completed
(month and year);
<bullet> If data was previously sent to BOEM, list the sale number
or purpose (e.g., WCD) and date of the sale for which it was used; and
<bullet> If AVO/AVA analysis was conducted, provide a summary of
the AVO/AVA processes, methodology, and parameters used.
BOEM will use the computer storage size information to estimate the
reproduction costs for each data set, if applicable. BOEM will
determine the availability of reimbursement of production costs
consistent with 30 CFR 551.13.
BOEM reserves the right to inquire about alternate data sets, to
perform quality checks, and to compare the listed and alternative data
sets to determine which data set most closely meets the needs of the
fair market value determination process. (Refer to the ``Example of
Preferred Format'' included in the Final NOS package.)
Pursuant to 30 CFR 551.12 and 30 CFR 556.501, as a condition of the
sale, the BOEM Alaska RD requires that all bidders and joint bidders
submit the proprietary data identified on their GDIS at the time of bid
submittal. No reimbursement will be provided for unsolicited data sent
to BOEM. The data must be submitted to BOEM at the following address:
Bureau of Ocean Energy Management, Section Chief--Resource Analysis
Section, 3801 Centerpoint Drive, Ste. 500, Anchorage, AK 99503-5823.
BOEM recommends that bidders mark the GDIS submission's external
envelope with the designation ``Deliver Immediately to Chief--Resource
Analysis Section.'' BOEM also recommends that bidders submit the data
in an internal envelope, or otherwise marked, with the following
designation: ``Proprietary Geophysical Data Submitted Pursuant to Cook
Inlet Sale 258 and used during <Bidder Name's> evaluation of Block
<Block Number>.''
In the event a bidder supplies any type of data to BOEM, that
bidder must meet the following requirements to qualify for
reimbursement:
(1) The bidder must be registered with the System for Award
Management (SAM), formerly known as the Central Contractor Registration
(CCR). CCR usernames will not work in SAM. A new SAM user account is
needed to register or update an entity's records. The website for
registering is <a href="http://gsa.gov/iaesystems">gsa.gov/iaesystems</a>.
(2) The bidder must be enrolled in the U.S. Treasury's Invoice
Processing Platform (IPP) for electronic invoicing. The person must
enroll in the IPP at <a href="https://www.ipp.gov/">https://www.ipp.gov/</a>. Access then will be granted
to use the IPP for submitting requests for payment. When submitting a
request for payment, the assigned Purchase Order Number must be
included.
(3) The bidder must have a current On-line Representations and
Certifications Application at <a href="http://gsa.gov/iaesystems">gsa.gov/iaesystems</a>.
Please Note: The ``GDIS Statement,'' ``Table,'' ``Maps,'' and other
information must be provided digitally in the following formats:
<bullet> GDIS Statement and other reports--PDF files
<bullet> GDIS Information Table--Excel spreadsheet
<bullet> Maps--PDF files
<bullet> Live trace outline of each survey's areal extent--PDF and ESRI
compatible shapefile or MapPackage (.mpk) in NAD83 UTM Zone 5N CRS
<bullet> Seismic data, including stacks, gathers, and velocity--SEG-Y
<bullet> Other data types as appropriate; column delimited ASCII text
with headers may be deemed appropriate
Bidders should submit the digital files on an USB external drive
(formatted for Windows). If bidders have any questions, please contact
BOEM Regional Supervisor, Resource Evaluation at (907) 334-5200.
Bidders should refer to the discussion under the subheading
``Acceptance, Rejection, or Return of Bids'' in section X of this
document, which is entitled ``The Lease Sale.'' That discussion
outlines the consequences of a bidder's failure to comply with the
requirements of the Final NOS, including any failure to submit
information as required in the Final NOS package.
Telephone Numbers/Addresses of Bidders
BOEM requests that bidders provide this information in the
suggested format prior to, or at the time of, bid submission. The
suggested format is included in the Final NOS package. The form must
not be enclosed inside the sealed bid envelope.
Additional Documentation
BOEM may require bidders to submit other documents in accordance
with 30 CFR 556.107, 30 CFR 556.401, 30 CFR 556.501, and 30 CFR
556.513.
VIII. Bidding Rules and Restrictions
Restricted Joint Bidders
On October 28, 2022, BOEM published the most recent List of
Restricted Joint Bidders in the Federal Register at 87 FR 65248.
Potential bidders are advised to refer to the Federal Register, prior
to bidding, for the most current List of Restricted Joint Bidders in
place at the time of the lease sale. Please refer to the joint bidding
provisions at 30 CFR 556.511-.515.
Authorized Signatures
The name and title of all signatories executing documents on behalf
of any bidder must match the names and titles of persons authorized by
the bidder to act on its behalf as reflected in BOEM's qualification
records. Bidders are advised that BOEM considers the signed bid to be a
legally binding obligation on the part of the bidders to comply with
all applicable regulations, including payment of one-fifth of the bonus
bid on all high bids. A statement to this effect is included on each
bid form (see the document ``Bid Form'' that is included in the Final
NOS package).
Unlawful Combination or Intimidation
BOEM warns bidders against violation of 18 U.S.C. 1860, prohibiting
unlawful combination or intimidation of bidders.
Bid Withdrawal
Bids may be withdrawn only by written request delivered to BOEM
prior to the bid submission deadline via any parcel delivery service.
Withdrawals will not be accepted in person or via email. The withdrawal
request must be on company letterhead and must contain the bidder's
name, its BOEM qualification number, the map name and number, and the
block number of each bid to be withdrawn. The withdrawal request must
be executed by one or more of the representatives named in the BOEM
qualification records. The name and title of the authorized signatory
must be typed
[[Page 73327]]
under the signature block on the withdrawal request. The BOEM Alaska
RD, or the RD's designee, will indicate approval by signing and dating
the withdrawal request.
Bid Rounding
Minimum bonus bid calculations, including rounding, for all blocks
are shown in the document ``List of Blocks Available for Leasing''
included in the Final NOS package. The bonus bid amount must be stated
in whole dollars. If the acreage of a block contains a decimal figure,
then prior to calculating the minimum bonus bid, BOEM will round up to
the next whole hectare. The appropriate minimum rate per hectare will
be applied to the whole (rounded up) acreage. The bonus bid amount must
be greater than or equal to the minimum bonus bid, as calculated and
stated in the Final NOS package.
IX. Forms
The Final NOS package includes instructions, samples, and the
preferred format for the items listed below. BOEM strongly encourages
bidders to use the recommended formats. If bidders use another format,
they are responsible for including all the information specified for
each item in the Final NOS package.
(1) Bid Form
(2) Sample Completed Bid
(3) Sample Bid Envelope
(4) Sample Bid Mailing Envelope
(5) Telephone Numbers/Addresses of Bidders Form
(6) GDIS Form
(7) GDIS Envelope Form
X. The Lease Sale
Bid Opening and Reading
Sealed bids received in response to the Final NOS will be opened at
the date and hour specified under the DATES section of the Final NOS.
The bid opening and reading will be held at 3801 Centerpoint Drive,
Suite 500, Anchorage, Alaska 99503, but the venue is not open to the
public, media, or industry. Instead, the bid opening and reading will
be available for the public to view on BOEM's website at <a href="https://www.boem.gov/ak258/">https://www.boem.gov/ak258/</a> via live-streaming video. The results will also be
posted on BOEM's website upon completion of bid opening and reading.
The opening of the bids is for the sole purpose of publicly announcing
and recording the bids received. No bids will be accepted or rejected
at that time.
Bonus Bid Deposit for Apparent High Bids
Each bidder submitting an apparent high bid must submit a bonus bid
deposit to ONRR equal to one-fifth of the bonus bid amount for each
such bid. A copy of the notification of the high bidder's one-fifth
bonus bid amount can be obtained on the BOEM website at <a href="https://www.boem.gov/ak258/">https://www.boem.gov/ak258/</a> under the heading ``Notification of EFT 1/5 Bonus
Liability'' after 1:00 p.m. on the day of the sale. All payments must
be electronically deposited into an interest-bearing account in the
U.S. Treasury by 4 p.m. eastern time on January 3, 2023, which is the
first business day following the bid reading (no exceptions). Account
information is provided in the ``Instructions for Making Electronic
Funds Transfer Bonus Payments'' found on the BOEM website identified
above.
Submitting payment to your financial institution as soon as
possible the day of bid reading, but no later than 7 p.m. eastern time
the day of bid reading, will help ensure that deposits have time to
process through the U.S. Treasury and post to ONRR. ONRR cannot confirm
payment until the monies have been moved into settlement status by the
U.S. Treasury. BOEM requires bidders to use EFT procedures for payment
of one-fifth bonus bid deposits for Cook Inlet Sale 258 following the
detailed instructions contained on the ONRR Payment Information web
page at <a href="https://www.onrr.gov/ReportPay/payments.htm">https://www.onrr.gov/ReportPay/payments.htm</a>. Acceptance of a
deposit does not constitute, and will not be construed as, acceptance
of any bid on behalf of the United States.
Withdrawal of Blocks
The United States reserves the right to withdraw any block from
this lease sale prior to issuance of a written acceptance of a bid for
the block.
Acceptance, Rejection, or Return of Bids
The United States reserves the right to reject any and all bids,
regardless of the amount offered. Furthermore, no bid will be accepted,
and no lease for any block will be awarded to any bidder, unless:
(1) The bidder has complied with all applicable regulations and
requirements of the Final NOS, including those set forth in the
documents contained in the Final NOS package;
(2) The bid is the highest valid bid; and
(3) The amount of the bid has been determined to be adequate by the
authorized officer.
Any bid submitted that does not conform to the requirements of the
Final NOS package, OCSLA and its implementing regulations, or any other
applicable statute or regulation will be rejected and returned to the
bidder. The U.S. Department of Justice and the Federal Trade Commission
will review the results of the lease sale for any antitrust issues
prior to the acceptance of bids and issuance of leases.
Bid Adequacy Review Procedures for Cook Inlet Sale 258
To ensure that the U.S. Government receives fair market value for
the conveyance of leases from this sale, BOEM will evaluate high bids
in accordance with the bid adequacy procedures that are effective on
the date of the sale. These procedures are available on BOEM's website
at <a href="https://www.boem.gov/Bid-Adequacy-Procedures/">https://www.boem.gov/Bid-Adequacy-Procedures/</a>.
Lease Award
BOEM requires each bidder awarded a lease to complete the
following:
(1) Execute all copies of the lease (Form BOEM-2005 [February
2017], as amended);
(2) Pay by EFT the balance of the bonus bid amount and the first
year's rental for each lease issued in accordance with the requirements
of 30 CFR 1218.155 and 556.520(a); and
(3) Satisfy the bonding requirements of 30 CFR part 556, subpart I,
as amended.
ONRR requests that only one transaction be used for payment of the
balance of the bonus bid amount and the first year's rental. Once ONRR
receives such payment, the bidder awarded the lease may not request a
refund of the balance of the bonus bid amount or first year's rental
payment.
XI. Delay of Sale
The BOEM Alaska RD has the discretion to change any date, time, and
location specified in the Final NOS package in case of an event that
the BOEM Alaska RD deems may interfere with the carrying out of a fair
and orderly lease sale process. Such events could include, but are not
limited to, natural disasters (e.g., earthquakes or floods), wars,
riots, acts of terrorism, fires, strikes, civil disorder, or other
events of a similar nature. In case of such events, bidders should call
(907) 334-5200, or access the BOEM website at <a href="https://www.boem.gov">https://www.boem.gov</a> for
information regarding any changes.
Amanda Lefton,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2022-25794 Filed 11-28-22; 8:45 am]
BILLING CODE 4340-98-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 29, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.