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1 1 (February 10, 2023)

handle is hein.crs/govekof0001 and id is 1 raw text is: Congressional ____ R afesearch Service Offshore Wind Regulatory Framework: New Developments February 10, 2023 On January 30 and January 31, 2023, the Department of the Interior (DOI) published two rulemaking actions affecting wind energy and other renewable energy projects on the U.S. outer continental shelf (OCS). First, a proposed rule on renewable energy modernization would make changes to DOI's offshore renewable energy leasing and permitting regulations at 30 C.F.R. Part 585, including reforms identified by the Department and recommended by industry since 2010. Second, a final rule on agency renewable energy responsibilities transfers workplace safety and environmental compliance functions for offshore wind and other renewables from DOI's Bureau of Ocean Energy Management (BOEM) to another DOI agency, the Bureau of Safety and Environmental Enforcement (BSEE). Proposed Rule on Renewable Energy Modernization The notice of proposed rulemaking seeks to amend the existing framework for leasing offshore areas for renewable energy projects, including but not limited to offshore wind farms. Section 388 of the Energy Policy Act of 2005 granted DOI authority to authorize and regulate offshore renewable energy projects. DOI delegated this responsibility to BOEM, which adopted leasing and permitting regulations in 2009 that have not been amended subsequently. The proposed rule would make a number of changes to the existing framework. The proposed rule would replace the existing ad hoc scheduling of offshore renewable energy lease sales with a requirement that DOI publish a schedule of renewable energy lease auctions it intends to hold over the subsequent five years. BOEM notes that the proposed change is intended to provide advance notice to stakeholders of areas being considered for future lease sales, would allow for increased certainty and enhanced transparency, and would facilitate advance planning by relevant stakeholders. The proposed requirement is similar to that for oil and gas lease planning in the Outer Continental Shelf Lands Act (OCSLA), although with some differences. The proposed rule affords more agency flexibility to deviate from the proposed five-year schedule than the requirements found in OCSLA, and the proposed rule also includes fewer specific considerations for the planning process. The proposed rule does not address whether the five-year scheduling of wind lease sales would involve preparation of a programmatic environmental impact statement (EIS) under the National Environmental Policy Act (NEPA), similar to the programmatic EIS prepared for the five-year oil and gas program. Congressional Research Service https://crsreports.congress.gov IN12095 CRS INSIGHT Prepared for Members and Committees of Congress

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