Notice2024-31231
Commercial Leasing for Wind Power Development on the Guam Outer Continental Shelf-Call for Information and Nominations
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
January 6, 2025
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
This call for information and nominations (Call or notice) invites public comment on, and assesses interest in, possible commercial wind energy leasing on the Outer Continental Shelf (OCS) offshore Guam as part of planning for commercial leasing in the region. The Bureau of Ocean Energy Management (BOEM) will consider information received in response to this Call to determine whether to schedule a competitive lease sale or to issue a noncompetitive lease for any portion of the area described in this Call (Call Area). Those interested in providing comments or information regarding site conditions, resources, and multiple uses in close proximity to or within the Call Area should provide the information requested in section 8, "Requested Information from Interested or Affected Parties," under the SUPPLEMENTARY INFORMATION heading of this Call. Those interested in leasing within the Call Area for a commercial wind energy project should provide the information described in section 9, "Required Nomination Information." BOEM may or may not offer a lease for a commercial offshore wind energy project within the Call Area after further consultations, public participation, and environmental analyses.
Full Text
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<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 663-669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31231]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2024-0061]
Commercial Leasing for Wind Power Development on the Guam Outer
Continental Shelf--Call for Information and Nominations
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Call for information and nominations; request for comments.
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SUMMARY: This call for information and nominations (Call or notice)
invites public comment on, and assesses interest in, possible
commercial wind energy leasing on the Outer Continental Shelf (OCS)
offshore Guam as part of planning for commercial leasing in the region.
The Bureau of Ocean Energy Management (BOEM) will consider information
received in response to this Call to determine whether to schedule a
competitive lease sale or to issue a noncompetitive lease for any
portion of the area described in this Call (Call Area). Those
interested in providing comments or information regarding site
conditions, resources, and multiple uses in close proximity to or
within the Call Area should provide the information requested in
section 8, ``Requested Information from Interested or Affected
Parties,'' under the SUPPLEMENTARY INFORMATION heading of this Call.
Those interested in leasing within the Call Area for a commercial
wind energy project should provide the information described in section
9, ``Required Nomination Information.'' BOEM may or may not offer a
lease for a commercial offshore wind energy project within the Call
Area after further consultations, public participation, and
environmental analyses.
DATES: BOEM must receive your interest in or comments on commercial
leasing within the Call Area no later than April 7, 2025. BOEM may not
consider late submissions.
ADDRESSES: Please submit nomination information for commercial leasing
as discussed in section 9, entitled, ``Required Nomination
Information,'' electronically via email to <a href="/cdn-cgi/l/email-protection#cdbfa8a3a8baacafa1a8a8a3a8bfaab4bda2aebe8dafa2a8a0e3aaa2bb"><span class="__cf_email__" data-cfemail="aad8cfc4cfddcbc8c6cfcfc4cfd8cdd3dac5c9d9eac8c5cfc784cdc5dc">[email protected]</span></a>
or by hard copy by mail to the following address: Bureau of Ocean
Energy Management, Pacific Region, Office of Strategic Resources, 760
Paseo Camarillo (CM 102), Camarillo, California 93010. If you elect to
mail a hard copy, also include an electronic copy on a portable storage
device. Do not submit nominations via the Federal
[[Page 664]]
eRulemaking Portal. BOEM will list the qualified parties that submitted
nominations and the aggregated locations of nominated areas on its
website after review of the nominations.
Please submit all other comments and information by either of the
following two methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. In the
search box at the top of the web page, enter BOEM-2024-0061 and then
click ``search.'' Follow the instructions to submit public comments and
to view supporting and related materials.
2. By mail to the following address: Bureau of Ocean Energy
Management, Pacific Region, Office of Strategic Resources, 760 Paseo
Camarillo (CM 102), Camarillo, California 93010.
Treatment of confidential information is addressed in section 10 of
this notice entitled, ``Protection of Privileged, Personal, or
Confidential Information.'' BOEM will post all comments received on
<a href="http://regulations.gov">regulations.gov</a> unless labeled as confidential.
FOR FURTHER INFORMATION CONTACT: Deanna Meier, Renewable Energy
Specialist, BOEM, Pacific Region, Office of Strategic Resources, 760
Paseo Camarillo (CM 102), Camarillo, California 93010, (805) 384-6265
or <a href="/cdn-cgi/l/email-protection#f09495919e9e91de9d95999582b0929f959dde979f86"><span class="__cf_email__" data-cfemail="bbdfdedad5d5da95d6ded2dec9fbd9d4ded695dcd4cd">[email protected]</span></a>.
For information regarding qualification requirements to hold an OCS
wind energy lease, contact Lakeisha Douglas, BOEM, Pacific Region,
Office of Strategic Resources, at <a href="/cdn-cgi/l/email-protection#1e727f757b776d767f307a716b79727f6d5e7c717b7330797168"><span class="__cf_email__" data-cfemail="ef838e848a869c878ec18b809a88838e9caf8d808a82c1888099">[email protected]</span></a> or (805)
384-6394.
SUPPLEMENTARY INFORMATION:
1. Authority
This Call is published under subsection 8(p)(3) of the Outer
Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1337(p)(3), and its
implementing regulations at 30 CFR 585.210 and 585.211.
2. Purpose
The OCSLA requires BOEM to award leases competitively unless BOEM
determines that there is no competitive interest (43 U.S.C.
1337(p)(3)). The primary purpose of this Call is to collect further
information and feedback on industry interest, site conditions,
resources, and ocean uses within, and surrounding, the Call Area.
An essential part of BOEM's renewable energy leasing process for
Guam is working closely with Federal agencies, Indigenous Peoples,
State and local governments, industry, and ocean users to identify
areas that may be suitable for potential offshore wind development to
provide electric power to Guam communities. BOEM has not yet determined
which areas, if any, within the Call Area may be offered for lease.
Your input is essential and will help BOEM determine areas that may be
suitable for offshore wind energy development. There will also be
multiple opportunities to provide feedback throughout the renewable
energy planning and leasing process. A detailed description of the Call
Area may be found below in section 6, ``Description of Call Area.'' For
more information about BOEM's competitive and noncompetitive leasing
processes, please see section 4, ``BOEM's Planning and Leasing
Process.''
3. Background
The Energy Policy Act of 2005 amended OCSLA by adding subsection
8(p)(1)(C), which authorizes the Secretary of the Interior (Secretary)
to grant leases, easements, and rights-of-way on the OCS for activities
that are not otherwise authorized by law and that produce or support
production, transportation, or transmission of energy from sources
other than oil or gas, including renewable energy sources. Furthermore,
under section 3(3) of OCSLA (43 U.S.C. 1332(3)), BOEM considers leasing
the OCS for offshore wind development because ``the Outer Continental
Shelf is a vital national resource reserve held by the Federal
Government for the public, which should be made available for
expeditious and orderly development, subject to environmental
safeguards, in a manner which is consistent with the maintenance of
competition and other national needs.''
The Secretary delegated these OCSLA authorities to the BOEM
Director. On April 29, 2009, the Department of the Interior
(Department) published regulations entitled, ``Renewable Energy and
Alternate Uses of Existing Facilities on the Outer Continental Shelf,''
\1\ which were subsequently re-codified at 30 CFR part 585.\2\ On May
15, 2024, the Department amended its offshore renewable energy
regulations through the publication of the final Renewable Energy
Modernization Rule.\3\ This final rule reduced regulatory burdens and
streamlined processes and incorporated recommendations from
stakeholders. The Renewable Energy Modernization Rule became effective
on July 15, 2024.
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\1\ 74 FR 19638 (April 29, 2009).
\2\ 76 FR 64432 (October 18, 2011).
\3\ 89 FR 42602 (May 15, 2024).
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Section 50251(b) of the Inflation Reduction Act of 2022 (IRA)
expanded the definition of the OCS under OCSLA to include submerged
lands within the exclusive economic zone adjacent to U.S. territories.
The IRA directs the Secretary to issue calls for interest in offshore
wind leasing off territorial coasts and authorizes wind lease sales in
areas deemed feasible and of interest after the Secretary has consulted
with the Territorial Governor. BOEM and the Government of Guam have
initiated the first planning step in the BOEM renewable energy
authorization process by establishing the BOEM Guam Intergovernmental
Renewable Energy Task Force (Task Force) at the request of the
Honorable Lourdes ``Lou'' Aflague Leon Guerrero, the Governor of Guam.
In a subsection entitled, ``Offshore Wind for the Territories,''
the IRA imposed several deadlines for wind energy leasing offshore the
U.S. territories. Specifically, in Section 50251(b)(2), the IRA directs
the Secretary to issue an initial Call for Information and Nominations
no later than September 30, 2025. This Call meets the relevant
requirements and deadline from the IRA.
On October 4, 2023, the Department amended its offshore renewable
energy regulations to conform with the IRA. The regulation entitled,
``Conformity with the Inflation Reduction Act for Renewable Energy on
the Outer Continental Shelf'' \4\ became effective on December 4, 2023.
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\4\ 88 FR 68460 (October 4, 2023).
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Because Guam is a volcanically-formed island in the Pacific Ocean,
it has a narrow coastal shelf with steep continental slopes, and thus
the ocean deepens quickly from shore. As a result, the Call Area is in
water depths too deep for traditional fixed bottom foundation designs,
and offshore wind development in these areas will require floating
technology and designs. On September 15, 2022, the Biden Administration
announced the goal of deploying 15 GW of floating offshore wind power
in the U.S. by 2035, building on the existing goal of 30 GW of total
offshore wind energy by 2030. BOEM is committed to this ambitious goal
by responsibly fostering the growth of offshore wind energy capacity
and participating in collaborative, data-based planning to inform
decisions involving shared ocean resources and the many users that
depend on them. To this end, BOEM's five-year renewable energy leasing
schedule includes a potential lease sale for a U.S. Territory in
2028.\5\
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\5\ See this Press Release for additional information on the
five-year schedule: <a href="https://www.doi.gov/pressreleases/secretary-haaland-announces-new-five-year-offshore-wind-leasing-schedule">https://www.doi.gov/pressreleases/secretary-haaland-announces-new-five-year-offshore-wind-leasing-schedule</a>.
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[[Page 665]]
Notably, upon release of this Call, BOEM intends to continue
engagement with the Indigenous Peoples of Guam. Indigenous knowledge
about the local environment and concerns of Indigenous Peoples about
offshore wind project development constitute crucial information to be
considered during the BOEM offshore wind planning and leasing process.
BOEM appreciates the importance of coordinating its planning with other
OCS users, regulators, and relevant Federal agencies including, but not
limited to, the U.S. Fish and Wildlife Service, the National Park
Service, the U.S. Army Corps of Engineers, the U.S. Coast Guard, the
National Oceanic and Atmospheric Administration (NOAA), the Department
of the Interior's Office of Insular Affairs, and the Department of
Defense (DoD). BOEM also coordinates with and requests input from the
Western Pacific Regional Fishery Management Council and Guam Sea Grant;
both of these organizations consider Indigenous fishing practices. In
addition, BOEM uses other information sources in its decision-making,
such as data and information on the location of marine life and habitat
areas, cultural resources, transportation links, fishing areas, and
other human uses that must be considered when offshore energy or other
infrastructure projects are proposed. In 2024, BOEM received a request
from Guam's Governor to convene a regional intergovernmental renewable
energy task force and begin the process of investigating offshore wind
as an option for Guam. In response, BOEM established the BOEM Guam
Intergovernmental Renewable Energy Task Force to facilitate
coordination among relevant Federal agencies and Territorial and local
governments throughout the leasing and planning process. The first Task
Force meeting was held on September 11, 2024. Materials from the Task
Force meeting are available on the BOEM website at: <a href="https://www.boem.gov/renewable-energy/state-activities/guam-activities">https://www.boem.gov/renewable-energy/state-activities/guam-activities</a>.
The Task Force meeting was followed by a two-day BOEM/National
Centers for Coastal Ocean Science (NCCOS) Data Workshop, which was held
on September 12 and 13, 2024. Attendees from Federal, Territorial, and
local agencies and non-governmental organizations provided data and
insight on potential data gaps. Information about the NCCOS process can
be found on the NOAA NCCOS website at: <a href="https://coastalscience.noaa.gov/project/marine-biogeographic-assessment-of-u-s-territories/">https://coastalscience.noaa.gov/project/marine-biogeographic-assessment-of-u-s-territories/</a>.
Guam's electricity is provided entirely by the Guam Power Authority
(GPA), a public utility company overseen by the Consolidated Commission
on Utilities and regulated by the Guam Public Utilities Commission. In
2019, Guam Public Law 35-46 amended GPA's renewable energy portfolio
standard goal to 100 percent by 2045. GPA included a pathway to 100
percent renewable energy by 2040 in its Clean Energy Master Plan, along
with an interim goal of 50 percent renewable energy by 2030. Solar
photovoltaic energy and energy storage system projects have paved the
way for renewables and contributed toward achievement of GPA's
renewable energy goals thus far.
4. BOEM's Planning and Leasing Process
a. Determination of Competitive Interest
Subsection 8(p)(3) of OCSLA 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-of-way that there is no competitive interest.''
If BOEM determines both that competitive interest exists in
acquiring a lease to develop offshore wind energy and that the areas
within the Call Area are appropriate to lease, BOEM may hold one or
more competitive lease sales for those areas. If BOEM holds a lease
sale, all qualified bidders, including bidders that did not submit a
nomination in response to this Call, will be able to participate in the
lease sale.
BOEM reserves the right to refrain from offering for lease any
areas that are nominated as a result of this Call and to modify
nominated areas before offering them for lease.
b. Competitive Leasing Process
BOEM will follow the steps required by 30 CFR 585.211 through
585.226 if it decides to proceed with the competitive leasing process
after analyzing the responses to this Call. Those steps are:
(1) Area Identification: BOEM will identify areas for consideration
for leasing. Those areas will constitute Wind Energy Areas (WEAs) and
will be subject to environmental analysis in consultation with
appropriate Federal agencies, Indigenous Peoples, Territorial and local
governments, and other interested parties. Before finalizing the WEAs,
BOEM may publish draft WEAs with a public comment period and a docket
on <a href="http://regulations.gov">regulations.gov</a>.
(2) Proposed Sale Notice (PSN): If BOEM decides to proceed with a
competitive lease sale within the WEAs, BOEM will publish a PSN in the
Federal Register with a public comment period of 60 days, unless BOEM
specifies another time period of not less than 30 days. The PSN will
describe the areas that BOEM intends to offer for leasing, the proposed
conditions of a lease sale, the proposed auction format of the lease
sale, and the lease instrument, including the proposed lease addenda.
Additionally, the PSN will describe the criteria and process for
evaluating bids in the lease sale.
(3) Final Sale Notice (FSN): After considering the comments on the
PSN and completing its environmental analysis and consultations, if
BOEM decides to proceed with a competitive lease sale, it will publish
an FSN in the Federal Register at least 30 days before the date of the
lease sale. The FSN will provide the final terms and conditions for a
lease sale, including the date, time, and location for the sale itself.
The FSN will also include a list of the companies that have legally,
technically and financially qualified to participate in the lease sale.
(4) Bid Submission and Evaluation: Following the publication of the
FSN in the Federal Register, BOEM will offer the lease area(s) through
a competitive sale process using procedures specified in the FSN. BOEM
will review the sale, including bids and bid deposits, for technical
and legal adequacy. BOEM will ensure that bidders have complied with
all applicable regulations. BOEM reserves the right to reject all bids
and to withdraw an offer to lease an area, even after bids have been
submitted.
(5) Issuance of a Lease: Following identification of the winning
bidder on a lease area, BOEM will notify that bidder and provide the
lease documents for signature.
5. Development of the Call Area
BOEM began discussions in 2024 with the Government of Guam and
several Federal agencies (i.e., NOAA and DoD) on the potential for
offshore wind leasing on the OCS offshore Guam. The breadth of relevant
spatial data representing marine natural resources and ocean uses
available in the area surrounding Guam must be further understood.
Therefore, BOEM's strategy for the Guam Call Area is to start with an
expanded geographic area to allow for broad information collection and
geospatial analysis.
BOEM defined the northern boundary of the Call Area as the area
halfway between Guam and the nearby island of Rota. BOEM removed only a
limited number of areas from the Call Area, including areas in which
offshore wind
[[Page 666]]
energy development cannot occur as a result of law, jurisdictional, or
technical considerations. These include:
<bullet> Areas between the shoreline and 3 nautical miles from
shore;
<bullet> Areas deeper than 2600 meters.
The Call Area is the area within which BOEM is seeking to identify
one or more locations suitable for offshore wind development. It is not
indicative of the area that may ultimately be developed. BOEM
recognizes that the Call Area may include areas where future offshore
wind energy development could conflict with existing ocean uses (e.g.,
fishing, shipping) and sensitive habitats that are important to the
conservation and recovery of protected species, including specific
areas which BOEM previously received feedback on during the September
2024 Task Force meeting (e.g., fishing areas to the north of Guam). The
intention of defining a large Call Area is to receive feedback across a
broad area on specific locations that may or may not be well suited for
offshore wind based on a variety of factors. The feedback and
information provided can then be incorporated into the offshore wind
planning process.
6. Description of Call Area
The Call Area consists of 2,114,344 acres located off the coast of
Guam (see Figure 1). The map depicting the Call Area (Figure 1), a
spreadsheet listing its specific OCS blocks, and an Esri shapefile are
available for download on the BOEM website at: <a href="https://www.boem.gov/renewable-energy/state-activities/guam-activities">https://www.boem.gov/renewable-energy/state-activities/guam-activities</a>.
[GRAPHIC] [TIFF OMITTED] TN06JA25.005
7. Guam Next Steps
The Call Area identifies broad portions of the OCS offshore Guam
for further analysis. That analysis will include consideration of
commercial nominations and public comments submitted in response to
this Call so that potential use conflicts can be analyzed during the
next step in the leasing process: the designation of specific WEAs
(Area Identification). BOEM's analysis during Area Identification will
evaluate the appropriateness of the Call Area for offshore wind energy
development, balanced against potential ocean user conflicts.
BOEM will consider environmental information, consultations, public
comments, and continued coordination with the BOEM Guam
Intergovernmental Renewable Energy Task Force, which includes relevant
Federal, Territorial, and local governments. If BOEM continues to
proceed with the process, BOEM anticipates designating specific WEAs
within the Call Area and developing lease terms and conditions to
avoid, minimize, or mitigate potential impacts from leasing and site
assessment activities. Starting with the Call and continuing through
the subsequent stages in BOEM's leasing process, BOEM is committed to
working with the following groups:
a. Coordination With the Guam Governor's Office
BOEM coordinated with staff from the Governor's office to plan the
first Task Force meeting and to engage with Territorial and local
agencies and Indigenous Peoples. BOEM coordinated
[[Page 667]]
with the Governor's office while developing the Call Area and will
continue coordination to convene the Task Force to enhance
collaboration and address challenges associated with the siting of
offshore wind leasing areas.
b. BOEM/NCCOS Partnership
In September 2022, BOEM announced enhancements to its Area
Identification process.\6\ One of these enhancements is a partnership
with NCCOS to employ a spatial model that analyzes entire marine
ecosystems to identify the least conflicted areas for wind energy
sites. NCCOS and BOEM are leveraging a team of expert spatial planners,
marine and fisheries scientists, project coordinators, environmental
policy analysts, and other subject matter experts to develop the Guam
Offshore Wind Suitability Model (suitability model).
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\6\ BOEM Enhances its Processes to Identify Future Offshore Wind
Energy Areas. (September 16, 2022). Bureau of Ocean Energy
Management. <a href="https://www.boem.gov/newsroom/notes-stakeholders/boem-enhances-its-processes-identify-future-offshore-wind-energy-areas">https://www.boem.gov/newsroom/notes-stakeholders/boem-enhances-its-processes-identify-future-offshore-wind-energy-areas</a>.
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BOEM and NCCOS intend to use the suitability modeling methods that
were previously applied to offshore wind energy siting efforts in the
Gulf of Mexico, Gulf of Maine, Oregon, and Central Atlantic regions
during Area Identification. NCCOS's spatial modeling approach provides
a tool for identifying areas that are most suitable for offshore wind
energy development, particularly when large areas of the OCS offshore a
state or territory have potential for such development. Additionally,
BOEM intends for this partnership and modeling approach to enhance
transparency, improve engagement, and provide a consistent,
reproducible methodology for understanding and deconflicting ocean
space. As described in Section 3, BOEM and NCCOS held a Data Workshop
in September 2024 to begin the process of gathering data and forming
collaborations between multiple Federal, Territorial, and local
agencies and non-governmental organizations to discuss data in the
region.
c. Coordination With DoD
DoD conducts offshore training and operations within portions of
the Call Area. BOEM intends to refine the Call Area during the Area
Identification process based on DoD's assessment of compatibility
between commercial offshore wind energy development and DoD activities
as described in the ``Memorandum of Understanding Between the
Department of Defense and the Department of the Interior Regarding
Renewable Energy Development on the Outer Continental Shelf'' signed in
October 2024.\7\
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\7\ BOEM. 2024. Memorandum of Understanding Between the
Department of Defense and the Department of the Interior Regarding
Renewable Energy Development on the Outer Continental Shelf.
Available at: <a href="https://www.boem.gov/sites/default/files/documents/about-boem/regulations-guidance/BOEM%20DOD%20MOU%20-Collaboration%20on%20Offshore%20Wind%20Development.pdf">https://www.boem.gov/sites/default/files/documents/about-boem/regulations-guidance/BOEM%20DOD%20MOU%20-Collaboration%20on%20Offshore%20Wind%20Development.pdf</a>.
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BOEM is currently working with DoD and will continue collaborating
closely with DoD on Guam's offshore wind energy mission compatibility
assessment. That assessment may identify areas incompatible for wind
energy leasing, areas potentially incompatible with mitigation
measures, and/or areas compatible with wind energy development.
Potentially incompatible areas are those that will require site-
specific mitigation to ensure that offshore wind energy facilities are
compatible with DoD activities. These mitigation measures may include,
among others: hold and save harmless agreements; mandatory coordination
with DoD on specified activities; restrictions on electromagnetic
emissions; and evacuation procedures from the lease area for safety
reasons when notified by DoD. BOEM may remove from leasing
consideration any OCS blocks identified as incompatible with DoD's
activities in the compatibility assessment.
d. Coordination With Chamoru Community and Indigenous Peoples
Local and Territorial agencies with associations with the Chamoru
community are members of or have been invited to be a part of the Task
Force. BOEM will continue to engage with members of these agencies and
other local groups during the offshore wind planning process, including
Area Identification. Some of the concerns identified are potential
impacts on Indigenous fishing practices, traditional navigation and
paddling, and land use associated with offshore wind projects;
additionally, meeting fatigue and capacity issues were also cited as
concerns. BOEM will engage further with these groups to identify
additional concerns through outreach and ongoing studies in the region.
BOEM has started engagement with the Indigenous Peoples of Guam and the
Commonwealth of Northern Mariana Islands through the BOEM-funded study
entitled, ``Maritime Heritage of the U.S. Pacific Islands,'' which will
continue through 2027.
e. Coordination With NOAA National Marine Fisheries Service (NMFS)
Pacific Islands Regional Office (PIRO)
NMFS has broad responsibility in research and management of the
marine environment, including management of sustainable fisheries, and
conservation and recovery of protected resources. BOEM and the NMFS
Pacific Island Regional Office (PIRO) will collaborate closely
throughout the offshore wind planning process by partnering to close
information gaps; engage with Indigenous, recreational and commercial
fishers; and on data collection and sharing. PIRO will be an important
partner in the NCCOS Area Identification process. After the Area
Identification process, BOEM plans to conduct an Environmental
Assessment under the National Environmental Policy Act (NEPA) prior to
leasing. BOEM would also initiate the necessary consultations with NMFS
under the Endangered Species Act and the Magnuson-Stevens Fishery
Conservation and Management Act (MSA) regarding potential impacts.
f. Coordination With Western Pacific Regional Fishery Management
Council
The Western Pacific Regional Fishery Management Council (Council)
is one of eight regional councils established by the MSA. The Council
manages fisheries within the Exclusive Economic Zone (EEZ) off
Hawai[revaps]i, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and eight remote islands. BOEM coordinates with the
Council by providing status updates on offshore wind planning for Guam
and will continue coordination throughout the planning and leasing
process. The Council provides crucial feedback on managed fisheries and
Indigenous Peoples' fishing in the region.
8. Requested Information From Interested or Affected Parties
Feedback from interested or affected parties is essential to help
BOEM identify areas that may be suitable for potential offshore wind
development. Commenters should be as specific and detailed as possible
to help BOEM understand and address the comments. Where applicable,
spatial information should be submitted in a format compatible with
Esri ArcGIS (Esri shapefile or Esri file geodatabase) in the WGS84
geographic coordinate system. BOEM requests comments regarding the
following features, activities, mitigations, or concerns within or
around the Call Area.
[[Page 668]]
a. Information on geological, geophysical, and biological sea floor
conditions (including bottom and shallow hazards and live bottom).
b. Information on protected species.
c. Information on other uses of the OCS in or near the Call Area,
particularly with regard to vessel navigation. Additional information
regarding recreational, commercial and Indigenous fisheries, including,
but not limited to, the use of the areas, the fishing gear types used,
seasonal use, and recommendations for reducing use conflicts.
d. Information on potential locations of unexploded ordnance (UXO);
other historic dumping or disposal in the marine environment.
e. Information on current energy use, renewable energy goals and
potential interest in offshore wind development on the OCS near islands
surrounding Guam (e.g., Commonwealth of the Northern Mariana Islands).
f. Information on renewable energy cost analyses or wind datasets
that may be available. Relatedly, BOEM is providing funding to the
National Renewable Energy Laboratory for work to inform the Levelized
Cost of Energy for offshore wind off Guam that will include modeled
wind speeds in and around the Call Area. BOEM welcomes additional
information on these topics.
g. Information from the offshore wind energy industry on the
considerations for offshore energy development in deep waters,
including greater than 1,300 meter water depths, and in areas where the
seafloor slope is greater than 10 degrees, with respect to mooring
configurations and subsea transmission cables. Feedback on other
development considerations in deep waters, such as available floating
technology, transmission distance, water depth, seafloor conditions,
and operations and maintenance feasibility and costs.
h. Information regarding the identification of historic properties
or potential effects to historic properties from leasing, site
assessment activities (including the installation of meteorological
buoys), or commercial wind energy development in the Call Area. This
includes potential offshore archaeological sites, cultural resources,
or other historic properties within the areas described in this notice
and onshore historic properties that could potentially be affected by
renewable energy activities within the Call Area. This information will
inform BOEM's review of future undertakings conducted pursuant to
Section 106 of the National Historic Preservation Act (NHPA) and the
NEPA.
i. Information relating to visual and scenic resources, including
seascape, landscape, and ocean character aesthetics; visually sensitive
areas along the coastline that are sensitive to changes in ocean views
(e.g., scenic seaside trails, National Park System units, National
Wildlife Refuges, Territorial parks, historic districts, conservation
areas, and other special designations with scenic value); suggestions
for potential key observation points for evaluating potential visual
impacts (i.e., places that people visit, recreate, work, and live where
ocean views contribute to the quality of experience); general or
specific public concerns over potential visual impacts by wind energy
development; and potential strategies to help minimize or mitigate any
visual effects. BOEM welcomes input on the degree of acceptable or
unacceptable levels of offshore wind energy visibility as would be seen
from the coastline, and thresholds of diminished or increased
visibility as influenced by distances between onshore viewers and wind
energy facilities.
j. Information regarding the potential for interference with radar
systems covering the Call Area, including, but not limited to, the use
of surface and airborne radar systems for offshore search and rescue
operations and environmental monitoring.
k. Information regarding locations and activities associated with
potential, ongoing and future exploration of offshore sand resources,
including nearshore resources and placement areas that may be impacted
by a potential future lease area or possible electrical cable
transmission routes.
l. Information on the constraints and advantages of possible
electrical cable transmission routes, including onshore landing and
interconnection points for cables connecting offshore wind energy
facilities to the onshore electrical grid, and information regarding
future demand for electricity in the region.
m. Information regarding the size and number of WEAs, taking into
consideration the offshore wind energy goals of Guam. BOEM requests
further information on what additional factors it should consider in
determining the size and number of WEAs.
n. Information related to Indigenous Peoples in the region and
interactions with potential offshore wind energy facilities, such as
potential impacts to CHamoru cultural practices; lands; resources;
ancestral lands; sacred sites, including sites that are submerged; and
access to traditional areas of cultural or religious importance on
federally managed lands and waters. BOEM will protect confidential
information shared by Indigenous Peoples in response to this Call to
the extent authorized by Federal law. Treatment of confidential
information is addressed in section 10 of this notice entitled,
``Protection of Privileged, Personal, or Confidential Information.''
o. Socioeconomic information for communities potentially affected
by wind energy leasing in the Call Area, including community profiles,
vulnerability and resiliency data, and information on environmental
justice communities. BOEM also solicits comments on how best to
meaningfully engage with these communities.
p. Information on coastal or onshore activities needed to support
offshore wind energy development, such as port and transmission
infrastructure, and associated potential impacts to recreation, scenic,
cultural, historical, and natural resources relating to those
activities.
q. Any other relevant information that you think BOEM should
consider during its planning and decision-making process for the
purpose of identifying areas to lease within the Call Area.
9. Required Nomination Information
BOEM previously received information that its former practice of
publishing the areas nominated by each qualified company in response to
a Call may disincentivize entities from submitting nominations.
Nominations and the accompanying rationale are extremely useful to help
BOEM understand and model the commercial viability of portions of the
OCS. Therefore, BOEM will not publish individual maps of each qualified
company's nominations received in response to this Call. BOEM will
publish a heatmap that shows an aggregated view of all the nominations
and a list of the qualified companies that submitted nominations. Where
applicable, qualified companies should submit spatial information in a
format compatible with Esri ArcGIS (Esri shapefile or Esri file
geodatabase) in the WGS84 geographic coordinate system.
If you wish to nominate one or more areas for a commercial wind
energy lease within the Call Area, you must provide the following
information for each nomination:
(a) The BOEM protraction name, number, and the specific whole or
partial OCS blocks within the Call Area that you are interested in
leasing. If your nomination includes one or more partial blocks, please
describe those partial blocks in terms of sixteenths (i.e., sub-block)
of an OCS block. Each area you
[[Page 669]]
nominate should be sized appropriately to accommodate the development
of a reasonable wind energy facility for the region (e.g., a facility
with the generation capacity of up to 350 megawatts) plus a buffer
(generation capacity of up to 500 megawatts). Nominations that
considerably exceed the acreage needed to support a generation capacity
of up to 500 megawatts, such as a nomination for the entire Call Area,
may be deemed unreasonable and not accepted by BOEM.
(b) A rationale describing why you selected the nominated areas.
The more detailed the rationale provided, the more informative it will
be to BOEM's process. BOEM is particularly interested in how factors
like wind speed, water depth, seafloor slope, bottom type, and
interconnection points factor into the nomination process.
(c) A description of your objectives and the facilities that you
would use to achieve those objectives.
(d) A preliminary schedule of proposed activities, including those
leading to commercial operations.
(e) Available and pertinent data and information concerning
renewable energy resources and environmental conditions in each area
that you wish to lease, including energy and resource data, and other
information used to evaluate the area.
(f) Documentation demonstrating that you are legally, technically,
and financially qualified to hold an OCS wind energy lease, as set
forth in 30 CFR 585.107--585.108. Qualification materials should be
developed in accordance with the guidelines available at <a href="https://www.boem.gov/Renewable-Energy-Qualification-Guidelines">https://www.boem.gov/Renewable-Energy-Qualification-Guidelines</a>. For examples of
documentation appropriate for demonstrating your legal qualifications
and related guidance, contact Lakeisha Douglas, BOEM, Pacific Region,
Office of Strategic Resources, at <a href="/cdn-cgi/l/email-protection#0569646e606c766d642b616a706269647645676a60682b626a73"><span class="__cf_email__" data-cfemail="0b676a606e6278636a256f647e6c676a784b69646e66256c647d">[email protected]</span></a> or (805)
384-6394.
10. Protection of Privileged, Personal, or Confidential Information
a. Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit when required by the Freedom of Information Act (FOIA).
Exemption 4 of FOIA applies to trade secrets and commercial or
financial information that is privileged or confidential. If you wish
to protect the confidentiality of such information, clearly label it
and request that BOEM treat it as confidential. BOEM will not disclose
such information if BOEM determines under 30 CFR 585.114(b) that it
qualifies for exemption from disclosure under FOIA. Please label
privileged or confidential information ``Contains Confidential
Information'' and consider submitting such information as a separate
attachment.
BOEM will not treat as confidential any aggregate summaries of such
information or comments not containing such privileged or confidential
information. Information that is not labeled as privileged or
confidential may be regarded by BOEM as suitable for public release.
b. Personally Identifiable Information
BOEM encourages you not to submit anonymous comments. Please
include your name and address as part of your comment. You should be
aware that your entire comment, including your name, address, and any
personally identifiable information (PII) included in your comment, may
be made publicly available. All submissions from identified
individuals, businesses, and organizations will be available for public
viewing on <a href="http://regulations.gov">regulations.gov</a>. Note that BOEM will make available for
public inspection all comments, in their entirety, submitted by
organizations and businesses, or by individuals identifying themselves
as representatives of organizations or businesses.
For BOEM to consider withholding your PII from disclosure, you must
identify any information contained in your comments that, if released,
would constitute a clearly unwarranted invasion of your personal
privacy. You must also briefly describe any possible harmful
consequences of the disclosure of information, such as embarrassment,
injury, or other harm. Even if BOEM withholds your information in the
context of this Call, your submission is subject to FOIA and, if your
submission is requested under FOIA, your information will be withheld
only if a determination is made that one of FOIA's exemptions to
disclosure applies. Such a determination will be made in accordance
with the Department's FOIA regulations and applicable law.
c. Section 304 of the NHPA (54 U.S.C. 307103(a))
After consultation with the Secretary, BOEM is required to withhold
the location, character, or ownership of historic resources if it
determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Indigenous Peoples, communities, and organizations
should designate information that falls under Section 304 of the NHPA
as confidential.
11. BOEM's Environmental Review Process
Before deciding whether leases may be issued, BOEM will prepare an
Environmental Assessment (EA) under NEPA (including public comment
periods to determine the scope of the EA and to review and comment on
the draft EA). The EA will analyze anticipated impacts from leasing
within the WEAs and site characterization and assessment activities
expected to occur after a lease is issued. Site characterization
activities include geophysical, geotechnical, archaeological, and
biological surveys, and site assessment activities, including the
installation and operation of meteorological buoys. BOEM will also
conduct appropriate consultations with Federal agencies, Territorial
agencies, and local governments during preparation of the EA. These
consultations include, but are not limited to, those required by the
Coastal Zone Management Act, the Magnuson-Stevens Fishery Conservation
and Management Act, the Endangered Species Act, and Section 106 of the
NHPA.
Before BOEM allows any construction of a wind energy project in the
Call Area, BOEM must approve a construction and operations plan (COP)
submitted by a Lessee. Prior to the approval of a COP, BOEM will need
to consider the potential environmental effects of the construction and
operation of any wind energy facility under a separate, project-
specific NEPA analysis. This analysis will include additional
opportunities for public involvement and may result in the publication
of an environmental impact statement.
Elizabeth Klein,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2024-31231 Filed 1-3-25; 8:45 am]
BILLING CODE 4340-98-P
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</html>Indexed from Federal Register on January 6, 2025.
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.