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This rule will propose revisions to the offshore wind regulations. In 2024, BOEM promulgated the Renewable Energy Modernization Rule. Now, to support Executive Order 14315 and Secretary’s Order 3437, and in accordance with the Department’s August 7, 2025, announcement, BOEM will update the offshore wind regulations.

Statement of Need:

The Department of the Interior, acting through the Bureau of Ocean Energy Management is proposing this regulatory action to support Executive Order 14315, Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources (July 7, 2025), Secretary’s Order 3437, Ending Preferential Treatment for Unreliable, Foreign-Controlled Energy Sources in Department Decision-Making (July 29, 2025), and the President’s memorandum, Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects (January 20, 2025).

Summary of the Legal Basis:

Congress authorized the Secretary to grant OCS leases for renewable energy activities when it enacted the Energy Policy Act of 2005, which amended the Outer Continental Shelf Lands Act (OCSLA) by adding a new subsection 8(p), codified at 43 U.S.C. 1337(p). Subsection 8(p) of OCSLA authorizes the Secretary to award OCS leases, pipeline ROW grants, and RUE grants for activities not otherwise authorized by other applicable law, if those activities produce or support production, transportation, storage, or transmission of energy sources other than oil or gas.

Subsection 8(p) requires the Secretary to award such leases, ROWs, and RUEs on a competitive basis unless the Secretary determines, following public notice, that competitive interest does not exist. Additionally, subsection 8(p) also authorizes the Secretary to issue regulations to carry out the subsection’s grant of authority. The Secretary delegated that authority to BOEM’s and BSEE’s predecessor, the Minerals Management Service. Subsection 8(p)(8) of OCSLA (43 U.S.C. 1337(p)(8)) authorizes the Secretary to issue any necessary regulations to carry out this subsection.

Alternatives:

TBD

Anticipated Costs and Benefits:

TBD

Risks:

TBD