Here is an overview of the process:
- Public Input: BOEM may begin the critical minerals leasing process by publishing a Request for Information and Interest in the Federal Register to gather industry interest and information. [30 CFR 581.12]
- Area Identification: After reviewing existing data, industry nominations, and public comments, BOEM identifies specific areas for potential leasing and environmental analysis. [30 CFR 581.14]
- Environmental Review: BOEM conducts environmental review and consultations for potential lease issuance pursuant to the National Environmental Policy Act and other environmental laws to assess potential impacts and protect sensitive marine ecosystems.
- Leasing Notices: BOEM publishes a Proposed Leasing Notice in the Federal Register that outlines the details and requirements of the proposed lease sale, including information on the proposed lease stipulations, fiscal terms, and other conditions. A Final Leasing Notice is published at least 30 days prior to the sale, confirming the size, timing, and location of the sale, and providing potential bidders with final instructions for submitting bids. [30 CFR 581.16-17]
- Lease Sale: Minerals are offered by competitive cash bonus bidding under the terms specified in the Final Leasing Notice. Companies participate in the lease sale and the highest qualified bidder wins. [30 CFR 581.18]
- Lease Award: BOEM awards leases and publishes results.
Bidder Qualifications
Please note that only bidders that are deemed qualified by BOEM can participate in a potential lease sale. Bidders interested in participating in potential future Outer Continental Shelf critical mineral lease sales should submit the required qualification documentation [30 CFR 581.20] to BOEM as early as possible to ensure there is sufficient time to process the documentation. Proposed Leasing Notices for any potentially scheduled sales will provide a deadline by which a bidder must be qualified to participate in the lease sale. Because processing of bidder qualifications can take a substantial amount of time, BOEM recommends that interested bidders file their bidder qualification documentation as early as possible.