[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6758-6764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02273]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[ MMAA104000]
Central Gulf of Mexico Planning Area (CPA) Outer Continental
Shelf (OCS) Oil and Gas Lease Sale 235 (CPA Sale 235)
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Final notice of sale.
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SUMMARY: On Wednesday, March 18, 2015, BOEM will open and publicly
announce bids for blocks offered in CPA Sale 235 in accordance with the
provisions of the OCS Lands Act (OCSLA, 43 U.S.C. 1331-1356, as
amended) and the implementing regulations issued pursuant thereto (30
CFR parts 550 and 556).
The CPA 235 Final Notice of Sale (NOS) Package (Final NOS Package)
contains information essential to potential bidders; bidders are
charged with knowing the contents of the documents contained in the
Final NOS Package. The Final NOS Package is available at the address
and Web site below.
DATES: Public bid reading for CPA Sale 235 will begin at 9:00 a.m. on
Wednesday, March 18, 2015, at the Mercedes-Benz Superdome, 1500
Sugarbowl Drive, New Orleans, Louisiana 70112. The lease sale will be
held in the St. Charles Club Room on the second floor (Loge Level).
Entry to the Superdome will be on the Poydras Street side of the
building through Gate A on the Ground Level; parking will be available
at Garage 6. All times referred to in this document are local times in
New Orleans, unless otherwise specified.
Bid Submission Deadline: BOEM must receive all sealed bids between
8:00 a.m. and 4:00 p.m. on normal working days, or from 8:00 a.m. to
the Bid Submission Deadline of 10:00 a.m. on Tuesday, March 17, 2015,
the day before the lease sale. For more information on bid submission,
see Section VII, ``Bidding Instructions,'' of this document.
ADDRESS: Interested parties, upon request, may obtain a compact disc
(CD-ROM) containing the Final NOS Package by contacting the BOEM Gulf
of Mexico (GOM) Region at the following address: Gulf of Mexico Region
Public Information Office, Bureau of Ocean Energy Management, 1201
Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, (504) 736-
2519 or (800) 200-GULF, or by visiting the BOEM Web site at http://www.boem.gov/Sale-235/.
Table of Contents
This Final NOS includes the following sections:
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
Blocks Offered for Leasing
Note: Due to the expiration of a treaty prohibition on
exploration and development within 1.4 nautical miles of the
Continental Shelf Boundary (1.4-nautical mile buffer area) with
Mexico, BOEM has decided to offer for lease in CPA Sale 235 all
whole and partial blocks in the 1.4-nautical mile buffer area. The
Agreement between the United States of America and the United
Mexican States Concerning Transboundary Hydrocarbon Reservoirs in
the Gulf of Mexico (Agreement) entered into force on July 18, 2014,
and will apply to, among others, whole and partial blocks in the
1.4-nautical mile buffer area.
In CPA Sale 235, BOEM is offering for lease all blocks and partial
blocks in the document ``List of Blocks Available for Leasing''
included in the Final NOS Package. All of these blocks are shown on the
following leasing maps and Official Protraction Diagrams (OPDs):
Outer Continental Shelf Leasing Maps--Louisiana Map Numbers 1 through
12
LA1 West Cameron Area (Revised July 1, 2011)
LA1A West Cameron Area, West Addition (Revised February 28, 2007)
LA1B West Cameron Area, South Addition (Revised February 28, 2007)
LA2 East Cameron Area (Revised November 1, 2000)
LA2A East Cameron Area, South Addition (Revised November 1, 2000)
LA3 Vermilion Area (Revised November 1, 2000)
LA3A South Marsh Island Area (Revised November 1, 2000)
LA3B Vermilion Area, South Addition (Revised November 1, 2000)
LA3C South Marsh Island Area, South Addition (Revised November 1,
2000)
LA3D South Marsh Island Area, North Addition (Revised November 1,
2000)
LA4 Eugene Island Area (Revised November 1, 2000)
LA4A Eugene Island Area, South Addition (Revised November 1, 2000)
LA5 Ship Shoal Area (Revised November 1, 2000)
LA5A Ship Shoal Area, South Addition (Revised November 1, 2000)
LA6 South Timbalier Area (Revised November 1, 2000)
LA6A South Timbalier Area, South Addition (Revised November 1, 2000)
LA6B South Pelto Area (Revised November 1, 2000)
LA6C Bay Marchand Area (Revised November 1, 2000)
LA7 Grand Isle Area (Revised November 1, 2000)
LA7A Grand Isle Area, South Addition (Revised February 17, 2004)
LA8 West Delta Area (Revised November 1, 2000)
LA8A West Delta Area, South Addition (Revised November 1, 2000)
LA9 South Pass Area (Revised November 1, 2000)
LA9A South Pass Area, South and East Additions (Revised November 1,
2000)
LA10 Main Pass Area (Revised November 1, 2000)
LA10A Main Pass Area, South and East Additions (Revised November 1,
2000)
LA10B Breton Sound Area (Revised November 1, 2000)
LA11 Chandeleur Area (Revised November 1, 2000)
LA11A Chandeleur Area, East Addition (Revised November 1, 2000)
LA12 Sabine Pass Area (Revised July 1, 2011)
Outer Continental Shelf Official Protraction Diagrams
NG15-02 Garden Banks (Revised February 28, 2007)
NG15-03 Green Canyon (Revised November 1, 2000)
NG15-05 Keathley Canyon (Revised October 1, 2014)
NG15-06 Walker Ridge (Revised November 1, 2000)
NG15-08 Sigsbee Escarpment (Revised October 1, 2014)
NG15-09 Amery Terrace (Revised October 1, 2014)
[[Page 6759]]
NG16-01 Atwater Valley (Revised November 1, 2000)
NG16-02 Lloyd Ridge (Revised August 1, 2008)
NG16-04 Lund (Revised November 1, 2000)
NG16-05 Henderson (Revised August 1, 2008)
NG16-07 Lund South (Revised October 1, 2014)
NG16-08 Florida Plain (Revised February 28, 2007)
NH15-12 Ewing Bank (Revised November 1, 2000)
NH16-04 Mobile (Revised July 1, 2011)
NH16-05 Pensacola (Revised February 28, 2007)
NH16-07 Viosca Knoll (Revised November 1, 2000)
NH16-08 Destin Dome (Revised February 28, 2007)
NH16-10 Mississippi Canyon (Revised November 1, 2000)
NH16-11 De Soto Canyon (Revised August 1, 2008)
Please Note: A CD-ROM (in ArcInfo and Acrobat (.pdf) format)
containing all of the GOM leasing maps and OPDs, is available from
the BOEM Gulf of Mexico Region Public Information Office for a price
of $15.00. These GOM leasing maps and OPDs also are available for
free online in .pdf and .gra formats at http://www.boem.gov/Oil-and-Gas-Energy-Program/Mapping-and-Data/Official-Protraction-Diagrams.aspx.
For the current status of all CPA leasing maps and OPDs, please
refer to 66 FR 28002 (May 21, 2001), 69 FR 23211 (April 28, 2004), 72
FR 27590 (May 16, 2007), 72 FR 35720 (June 29, 2007), 73 FR 63505
(October 24, 2008), 76 FR 54787 (September 2, 2011), 79 FR 32572 (June
5, 2014), and 80 FR 3251 (January 22, 2015). In addition, Supplemental
Official OCS Block Diagrams (SOBDs) for blocks containing the U.S. 200-
Nautical Mile Limit line and the U.S.-Mexico Maritime and Continental
Shelf Boundary line are available. These SOBDs also are available from
the BOEM Gulf of Mexico Region Public Information Office and on BOEM's
Web site at http://www.boem.gov/Oil-and-Gas-Energy-Program/Mapping-and-Data/Supplemental-Official-OCS-Block-Diagrams-SOBDs.aspx. For
additional information, or to order the above referenced maps or
diagrams, please call the Mapping and Automation Section at (504) 736-
5768.
All blocks being offered in the lease sale are shown on these
leasing maps and OPDs. The available Federal acreage of all whole and
partial blocks in this lease sale is shown in the document ``List of
Blocks Available for Leasing'' included in the Final NOS Package. Some
of these blocks may be partially leased or deferred, or transected by
administrative lines such as the Federal/State jurisdictional line. A
bid on a block must include all of the available Federal acreage of
that block. Also, information on the unleased portions of such blocks
is found in the document entitled ``Central Planning Area, Lease Sale
235, March 18, 2015--Unleased Split Blocks and Available Unleased
Acreage of Blocks with Aliquots and Irregular Portions under Lease or
Deferred,'' which is included in the Final NOS Package.
For additional information, please call Mr. Lenny Coats, Chief of
the Mapping and Automation Section, at (504) 736-1457.
Blocks Not Offered for Leasing: The following whole and partial
blocks are not offered for lease in this sale:
Whole and partial blocks deferred by the Gulf of Mexico Energy
Security Act of 2006, Public Law. 109-432:
Pensacola (OPD NH 16-05)
Whole Blocks: 751 through 754, 793 through 798, 837 through 842, 881
through 886, 925 through 930, and 969 through 975
Destin Dome (OPD NH 16-08)
Whole Blocks: 1 through 7, 45 through 51, 89 through 96, 133 through
140, 177 through 184, 221 through 228, 265 through 273, 309 through
317, 353 through 361, 397 through 405, 441 through 450, 485 through
494, 529 through 538, 573 through 582, 617 through 627, 661 through
671, 705 through 715, 749 through 759, 793 through 804, 837 through
848, 881 through 892, 925 through 936, and 969 through 981
De Soto Canyon (OPD NH 16-11)
Whole Blocks: 1 through 15, 45 through 59, and 92 through 102
Partial Blocks: 16, 60, 61, 89 through 91, 103 through 105, and 135
through 147
Henderson (OPD NG 16-05)
Partial Blocks: 114, 158, 202, 246, 290, 334, 335, 378, 379, 422, and
423
Blocks that are adjacent to or beyond the United States Exclusive
Economic Zone in the area known as the northern portion of the Eastern
Gap:
Lund South (OPD NG 16-07)
Whole Blocks: 128, 129, 169 through 173, 208 through 217, 248 through
261, 293 through 305, and 349
Henderson (OPD NG 16-05)
Whole Blocks: 466, 508 through 510, 551 through 554, 594 through 599,
637 through 643, 679 through 687, 722 through 731, 764 through 775, 807
through 819, 849 through 862, 891 through 905, 933 through 949, and 975
through 992
Partial Blocks: 467, 511, 555, 556, 600, 644, 688, 732, 776, 777, 820,
821, 863, 864, 906, 907, 950, 993, and 994
Florida Plain (OPD NG 16-08)
Whole Blocks: 5 through 24, 46 through 67, 89 through 110, 133 through
154, 177 through 197, 221 through 240, 265 through 283, 309 through
327, and 363 through 370
The following block whose lease status is currently under appeal:
West Cameron (Leasing Map LA1) Block 171
II. Statutes and Regulations
Each lease is issued pursuant to OCSLA, and is subject to OCSLA,
implementing regulations promulgated pursuant thereto, and other
applicable statutes and regulations in existence upon the effective
date of the lease, as well as those applicable statutes enacted and
regulations promulgated thereafter, except to the extent that the
after-enacted statutes and regulations explicitly conflict with an
express provision of the lease. Each lease also is 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.
III. Lease Terms And Economic Conditions
Lease Terms
OCS Lease Form
BOEM will use Form BOEM-2005 (October 2011) to convey leases
resulting from this sale. This lease form may be viewed on the BOEM Web
site at http://www.boem.gov/About-BOEM/Procurement-Business-Opportunities/BOEM-OCS-Operation-Forms/BOEM-2005.aspx. The lease form
will be amended to conform with the specific terms, conditions, and
stipulations applicable to the individual lease. The terms, conditions,
and stipulations applicable to this sale are set forth below.
Initial Periods
Initial periods are summarized in the following table:
[[Page 6760]]
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Water depth (meters) Initial period
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0 to < 400...................... Standard initial period is 5 years;
the lessee may earn an additional 3
years (i.e., for an 8-year extended
initial period) if a well is spudded
targeting hydrocarbons below 25,000
feet True Vertical Depth Subsea (TVD
SS) during the first 5 years of the
lease.
400 to < 800.................... Standard initial period is 5 years;
the lessee will earn an additional 3
years (i.e., for an 8-year extended
initial period) if a well is spudded
during the first 5 years of the
lease.
800 to < 1,600.................. Standard initial period is 7 years;
the lessee will earn an additional 3
years (i.e., for a 10-year extended
initial period) if a well is spudded
during the first 7 years of the
lease.
1,600 +......................... 10 years.
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(1) The standard initial period for a lease in water depths less
than 400 meters issued as a result of this sale is 5 years. If the
lessee spuds a well targeting hydrocarbons below 25,000 feet TVD SS
within the first 5 years of the lease, then the lessee may earn an
additional 3 years, resulting in an 8-year extended initial period. The
lessee will earn the 8-year extended initial period when the well is
drilled to a target below 25,000 feet TVD SS, or the lessee may earn
the 8-year extended initial period in cases where the well targets, but
does not reach, a depth below 25,000 feet TVD SS due to mechanical or
safety reasons, where sufficient evidence is provided.
In order to earn the 8-year extended initial period, the lessee is
required to submit to the Bureau of Safety and Environmental
Enforcement (BSEE) Gulf of Mexico Regional Supervisor for Production
and Development, within 30 days after completion of the drilling
operation, a letter providing the well number, spud date, information
demonstrating a target below 25,000 feet TVD SS and whether that target
was reached, and if applicable, any safety, mechanical, or other
problems encountered that prevented the well from reaching a depth
below 25,000 feet TVD SS. The BSEE Gulf of Mexico Regional Supervisor
for Production and Development must concur in writing that the
conditions have been met for the lessee to earn the 8-year extended
initial period. The BSEE Gulf of Mexico Regional Supervisor for
Production and Development will provide a written response within 30
days of receipt of the lessee's letter.
A lessee that has earned the 8-year extended initial period by
spudding a well with a hydrocarbon target below 25,000 feet TVD SS
during the first 5 years of the lease, confirmed by BSEE, will not be
granted a suspension for that same period under the regulations at 30
CFR 250.175 because the lease is not at risk of expiring.
(2) The standard initial period for a lease in water depths ranging
from 400 to less than 800 meters issued as a result of this sale is 5
years. The lessee will earn an additional 3 years, resulting in an 8-
year extended initial period, if the lessee spuds a well within the
first 5 years of the lease.
In order to earn the 8-year extended initial period, the lessee is
required to submit to the appropriate BSEE District Manager, within 30
days after spudding a well, a letter providing the well number and spud
date, and requesting concurrence that the lessee has earned the 8-year
extended initial period. The BSEE District Manager will review the
request and make a written determination within 30 days of receipt of
the request. The BSEE District Manager must concur in writing that the
conditions have been met by the lessee to earn the 8-year extended
initial period.
(3) The standard initial period for a lease in water depths ranging
from 800 to less than 1,600 meters issued as a result of this sale will
be 7 years. The lessee will earn an additional 3 years, resulting in a
10-year extended initial period, if the lessee spuds a well within the
first 7 years of the lease.
In order to earn the 10-year extended initial period, the lessee is
required to submit to the appropriate BSEE District Manager, within 30
days after spudding a well, a letter providing the well number and spud
date, and requesting concurrence that the lessee has earned the 10-year
extended initial period. The BSEE District Manager will review the
request and make a written determination within 30 days of receipt of
the request. The BSEE District Manager must concur in writing that the
conditions have been met by the lessee to earn the 10-year extended
initial period.
(4) The standard initial period for a lease in water depths 1,600
meters or greater issued as a result of this sale will be 10 years.
Economic Conditions
Minimum Bonus Bid Amounts
$25.00 per acre or fraction thereof for blocks in water
depths less than 400 meters
$100.00 per acre or fraction thereof for blocks in water
depths 400 meters or deeper
BOEM will not accept a bonus bid unless it provides for a cash
bonus in the amount equal to, or exceeding, the specified minimum bid
of $25.00 per acre or fraction thereof for blocks in water depths less
than 400 meters, and $100.00 per acre or fraction thereof for blocks in
water depths 400 meters or deeper.
Rental Rates
Annual rental rates are summarized in the following table:
Rental Rates Per Acre or Fraction Thereof
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Water depth (meters) Years 1-5 Years 6, 7, & 8 +
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0 to < 200.............................. $7.00 $14.00, $21.00, & $28.00
200 to < 400............................ 11.00 22.00, 33.00, & 44.00
400 +................................... 11.00 16.00
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[[Page 6761]]
Escalating Rental Rates for Leases With an 8-Year Extended Initial
Period in Water Depths Less Than 400 Meters
Any lessee with a lease in less than 400 meters water depth who
earns an 8-year extended initial period will pay an escalating rental
rate as shown above. The rental rates after the fifth year for blocks
in less than 400 meters water depth will become fixed and no longer
escalate, if another well is spudded targeting hydrocarbons below
25,000 feet TVD SS after the fifth year of the lease, and BSEE concurs
that such a well has been spudded. In this case, the rental rate will
become fixed at the rental rate in effect during the lease year in
which the additional well was spudded.
Royalty Rate
18.75 percent.
Minimum Royalty Rate
$7.00 per acre or fraction thereof per year for blocks in
water depths less than 200 meters.
$11.00 per acre or fraction thereof per year for blocks in
water depths 200 meters or deeper.
Royalty Suspension Provisions
The issuance of leases with royalty suspension volumes (RSVs) or
other forms of royalty relief is authorized under existing BOEM
regulations at 30 CFR part 560. The specific details relating to
eligibility and implementation of the various royalty relief programs,
including those involving the use of RSVs, are codified in BSEE
regulations at 30 CFR part 203. In this sale, the only royalty relief
program being offered is the provision of RSVs, related to the drilling
of ultra-deep wells in water depths less than 400 meters, as described
below.
Royalty Suspension Volumes on Gas Production From Ultra-Deep Wells
Leases issued as a result of this sale may be eligible for RSV
incentives on gas produced from ultra-deep wells pursuant to 30 CFR
part 203. These regulations implement the requirements of the Energy
Policy Act of 2005. Under this program, certain wells on leases in less
than 400 meters water depth and completed to a drilling depth of 20,000
feet TVD SS or deeper may receive an RSV of 35 billion cubic feet on
the production of natural gas. This RSV incentive is subject to
applicable price thresholds set forth in the regulations at 30 CFR part
203.
IV. Lease Stipulations
One or more of the following stipulations may be applied to leases
issued as a result of this sale. The detailed text of these
stipulations is contained in the ``Lease Stipulations'' section of the
Final NOS Package.
(1) Topographic Features
(2) Live Bottom
(3) Military Areas
(4) Evacuation
(5) Coordination
(6) Blocks South of Baldwin County, Alabama
(7) United Nations Convention on the Law of the Sea Royalty Payment
(8) Protected Species
(9) Below Seabed Operations
(10) Agreement between the United States of America and the United
Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the
Gulf of Mexico
V. Information To Lessees
The Information to Lessees (ITL) clauses provide detailed
information on certain issues pertaining to this oil and gas lease
sale. The detailed text of these ITL clauses is contained in the
``Information to Lessees'' section of the Final NOS Package:
(1) Navigation Safety
(2) Ordnance Disposal Areas in the CPA
(3) Communications Towers
(4) Existing and Proposed Artificial Reefs/Rigs-to-Reefs
(5) Lightering Zones
(6) Indicated Hydrocarbons List
(7) Military Areas in the CPA
(8) Safety Zones for Certain Production Facilities
(9) Bureau of Safety and Environmental Enforcement (BSEE) Inspection
and Enforcement of Certain Coast Guard Regulations
(10) Deepwater Port Applications for Offshore Liquefied Natural Gas
Facilities
(11) Ocean Dredged Material Disposal Sites
(12) Potential Sand Dredging Activities in the CPA
(13) Below Seabed Operations
(14) Commercial Waste Disposal Areas
(15) Air Quality Permits
(16) Notice of Arrival on the Outer Continental Shelf
(17) Gulf Islands National Seashore
(18) 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
(19) Protected Species
VI. Maps
The maps pertaining to this lease sale may be found on the BOEM Web
site at http://www.boem.gov/Sale-235. The following maps also are
included in the Final NOS Package:
Lease Terms and Economic Conditions Map
The lease terms and economic conditions and the blocks to which
these terms and conditions apply are shown on the map entitled ``Final,
Central Planning Area, Lease Sale 235, March 18, 2015, Lease Terms and
Economic Conditions,'' which is included in the Final NOS Package.
Stipulations and Deferred Blocks Map
The blocks to which one or more lease stipulations may apply are
shown on the map entitled ``Final, Central Planning Area, March 2015,
Lease Sale 235, Stipulations and Deferred Blocks,'' which is included
in the Final NOS Package.
VII. Bidding Instructions
Instructions on how to submit a bid, secure payment of the advance
bonus bid deposit (if applicable), and what information must be
included with the bid are as follows:
Bid Form
For each block bid upon, a separate sealed bid shall be submitted
in a sealed envelope (as described below) and must include the
following:
Total amount of the bid in whole dollars only;
sale number;
sale date;
each bidder's exact name;
each bidder's proportionate interest, stated as a
percentage, using a maximum of five decimal places (e.g., 33.33333
percent);
typed name, title, and signature of each bidder's
authorized officer;
each bidder's qualification number;
map name and number or OPD name and number;
block number; and
statement acknowledging that the bidder(s) understand that
this bid legally binds the bidder(s) to comply with all applicable
regulations, including payment of one-fifth of the bonus bid amount on
all apparent high bids.
The information required on the bid(s) will be specified in the
document ``Bid Form'' to be contained in the Final NOS Package. A blank
bid form will be provided therein for convenience and may 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:
``Sealed Bid for Oil and Gas Lease Sale 235, not to be
opened until 9 a.m. Wednesday, March 18, 2015'';
[[Page 6762]]
map name and number or OPD name and number;
block number for block bid upon; and
the exact name and qualification number of the submitting
bidder only.
The Final NOS Package will include a sample bid envelope for
reference.
Mailed Bids
If bids are mailed, please address the envelope containing the
sealed bid envelope(s) as follows: Attention: Leasing and Financial
Responsibility Section, BOEM Gulf of Mexico Region, 1201 Elmwood Park
Blvd., New Orleans, LA 70123-2394. Contains Sealed Bids for CPA Oil and
Gas Lease Sale 235. Please Deliver to Ms. Cindy Thibodeaux or Mr. Chris
Oos, 2nd Floor, Immediately.
Please Note:
Bidders mailing bid(s) are advised to call Ms. Cindy Thibodeaux
at (504) 736-2809, or Mr. Chris Oos at (504) 736-2862, immediately
after putting their bid(s) in the mail. If BOEM receives bids later
than the Bid Submission Deadline, the BOEM Gulf of Mexico Regional
Director (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 or travel restrictions) 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 ever have defaulted
on a one-fifth bonus bid deposit, by Electronic Funds Transfer (EFT) or
otherwise, must guarantee (secure) the payment of the one-fifth bonus
bid deposit prior to bid submission using one of the following four
methods:
Provide a third-party guarantee;
amend an areawide development bond via bond rider;
provide a letter of credit; or
provide a lump sum payment in advance via EFT.
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 Equal Opportunity
Affirmative Action Representation Form BOEM-2032 (October 2011) and
Equal Opportunity Compliance Report Certification Form BOEM-2033
(October 2011) with the BOEM Gulf of Mexico Region Adjudication
Section. This certification is required by 41 CFR part 60 and Executive
Order No. 11246, issued September 24, 1965, as amended by Executive
Order No. 11375, issued October 13, 1967. Both forms must be on file
for the bidder(s) in the GOM Region Adjudication Section prior to the
execution of any lease contract.
Geophysical Data and Information Statement (GDIS)
The GDIS is composed of three parts:
(1) The ``Statement'' page includes the company representatives'
information and lists of blocks bid on that used proprietary data and
those blocks bid on that did not use proprietary data;
(2) the ``Table'' listing the required data about each proprietary
survey used (see below); and
(3) the ``Maps'' being the live trace maps for each survey that are
identified in the GDIS statement and table.
Every bidder submitting a bid on a block in CPA Sale 235, 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.
The GDIS must be submitted in a separate and sealed envelope, and
identify all proprietary data; reprocessed speculative data, and/or any
Controlled Source Electromagnetic surveys, Amplitude Versus Offset,
Gravity, or Magnetic data; or other information used as part of the
decision to bid or participate in a bid on the block. The bidder and
joint bidder must also include a live trace map (e.g., .pdf and ArcGIS
shape file) for each proprietary survey that they identify in the GDIS
illustrating the actual areal extent of the proprietary geophysical
data in the survey (see the ``Example of Preferred Format'' in the
Final NOS Package for additional information).
The GDIS statement must include the name, phone number, and full
address of a contact person and an alternate who are both knowledgeable
about the information and data listed and who are available for 30 days
after the sale date. The GDIS statement also must include entries for
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. The GDIS statement
must be submitted even if no proprietary geophysical data and
information were used in bid preparation for the block.
The GDIS table should have columns that clearly state the sale
number; the bidder company's name; the block area and block number bid
on; the owner of the original data set (i.e., who initially acquired
the data); the industry's original name of the survey (e.g., E
Octopus); the BOEM permit number for the survey; whether the data set
is a fast track version; whether the data is speculative or
proprietary; the data type (e.g., 2-D, 3-D, or 4-D; pre-stack or post-
stack; and time or depth); migration algorithm (e.g., Kirchhoff
Migration, Wave Equation Migration, Reverse Migration, Reverse Time
Migration) of the data and areal extent of bidder survey (i.e., number
of line miles for 2-D or number of blocks for 3-D). Provide the
computer storage size, to the nearest gigabyte, of each seismic data
and velocity volume used to evaluate the lease block in question. This
will be used in estimating the reproduction costs for each data set, if
applicable. The availability of reimbursement of production costs will
be determined consistent with 30 CFR 551.13. The next column should
state who reprocessed the data (e.g., external company name or ``in-
house'') and when the date of final reprocessing was completed (month
and year). If the data was sent to BOEM for bidding in a previous lease
sale, list the date the data was processed (month and year) and
indicate if AVO data was used in the evaluation. BOEM reserves the
right to query about alternate data sets, to quality check, 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. An example of the preferred format of the table may be found
in the Final NOS Package, and a blank digital version of the preferred
table may be accessed on the CPA Sale 235 page at http://www.boem.gov/Sale-235/.
The GDIS maps are live trace maps (in .pdf and ArcGIS shape files)
that should be submitted for each proprietary survey that is identified
in the GDIS table. They should illustrate the actual areal extent of
the proprietary geophysical data in the survey (see the ``Example of
Preferred Format'' in the Final NOS Package for additional
information).
Pursuant to 30 CFR 551.12 and 30 CFR 556.32, as a condition of the
sale, the BOEM Gulf of Mexico RD requests that all bidders and joint
bidders submit the proprietary data identified on their GDIS within 30
days after the lease sale (unless they are notified after the lease
sale that BOEM has withdrawn the request). This request only pertains
to proprietary data that is not commercially available. Commercially
available data is not required to be submitted to BOEM, and
reimbursement will not be provided if such data is
[[Page 6763]]
submitted by a bidder. The BOEM Gulf of Mexico RD will notify bidders
and joint bidders of any withdrawal of the request, for all or some of
the proprietary data identified on the GDIS, within 15 days of the
lease sale. Pursuant to 30 CFR part 551 and as a condition of this
sale, all bidders required to submit data must ensure that the data is
received by BOEM no later than the 30th day following the lease sale,
or the next business day if the submission deadline falls on a weekend
or Federal holiday. The data must be submitted to BOEM at the following
address:
Bureau of Ocean Energy Management, Resource Studies, GM 881A, 1201
Elmwood Park Blvd., New Orleans, LA 70123-2304.
BOEM recommends that bidders mark the submission's external
envelope as ``Deliver Immediately to DASPU.'' BOEM also recommends that
the data be submitted in an internal envelope, or otherwise marked,
with the following designation: ``Proprietary Geophysical Data
Submitted Pursuant to Lease Sale 235 and Used During
Evaluation of Block .''
In the event a person supplies any type of data to BOEM, that
person must meet the following requirements to qualify for
reimbursement:
(1) Persons 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 Web site for registering is
https://www.sam.gov.
(2) Persons must be enrolled in the Department of Treasury's
Internet Payment Platform (IPP) for electronic invoicing. The person
must enroll in the IPP at https://www.ipp.gov/. Access then will be
granted to use the IPP for submitting requests for payment. When a
request for payment is submitted, it must include the assigned Purchase
Order Number on the request.
(3) Persons must have a current On-line Representations and
Certifications Application at https://www.sam.gov.
Please Note:
The GDIS Information Table must be submitted digitally,
preferably as an Excel spreadsheet, on a CD or DVD along with the
seismic data map(s). If bidders have any questions, they should
contact Ms. Dee Smith at (504) 736-2706, or Mr. John Johnson at
(504) 736-2455. Bidders should refer to Section X of this document,
``The Lease Sale: Acceptance, Rejection, or Return of Bids,''
regarding 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 or 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 556.46.
VIII. Bidding Rules and Restrictions
Restricted Joint Bidders
On October 29, 2014, BOEM published the most recent List of
Restricted Joint Bidders in the Federal Register at 79 FR 64404.
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 joint bidding
provisions at 30 CFR 556.41 for additional restrictions.
Authorized Signatures
All signatories executing documents on behalf of bidder(s) must
execute the same in conformance with the BOEM qualification records.
Bidders are advised that BOEM considers the signed bid to be a legally
binding obligation on the part of the bidder(s) to comply with all
applicable regulations, including payment of one-fifth of the bonus bid
on all high bids. A statement to this effect must be included on each
bid form (see the document ``Bid Form'' to be contained 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. The withdrawal request must be on
company letterhead and must contain the bidder's name, its BOEM
qualification number, the map name/number, and the block number(s) of
the bid(s) to be withdrawn. The withdrawal request must be executed in
conformance with the BOEM qualification records. Signatories must be
authorized to bind their respective legal business entities (e.g., a
corporation, partnership, or LLC) and documentation must be on file
with BOEM setting forth this authority to act on the business entity's
behalf for purposes of bidding and lease execution under OCSLA (e.g.,
business charter or articles, incumbency certificate, or power of
attorney). The name and title of the authorized signatory must be typed
under the signature block on the withdrawal request. The BOEM Gulf of
Mexico RD, or the RD's designee, will indicate any approval by signing
and dating the withdrawal request.
Bid Rounding
The bonus bid amount must be stated in whole dollars. Minimum bonus
bid calculations, including all rounding, for all blocks are shown in
the document entitled ``List of Blocks Available for Leasing,'' which
is included in the Final NOS Package. If the acreage of a block
contains a decimal figure, then prior to calculating the minimum bonus
bid, BOEM has rounded up to the next whole acre. The appropriate
minimum rate per acre then was applied to the whole (rounded up)
acreage. If this calculation resulted in a fractional dollar amount,
the minimum bonus bid was rounded up to the next whole dollar amount.
The bonus bid amount must be greater than or equal to the minimum bonus
bid in whole dollars.
IX. Forms
The Final NOS Package includes instructions, samples, and/or the
preferred format for the following items. BOEM strongly encourages
bidders to use these formats; should 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 place, date, and hour specified in the ``DATES'' section of this
document. 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 the Office of Natural Resources Revenue (ONRR) equal to one-
fifth of the bonus bid amount for each such bid. A copy of the
notification
[[Page 6764]]
of the high bidder's one-fifth bonus bid requirement deposit may be
obtained at the EFT Area outside the Bid Reading Room on the day of the
bid opening, or it may be obtained on the BOEM Web site at http://www.boem.gov/Sale-235/ under the heading ``Notification of EFT 1/5
Bonus Liability.'' All payments must be deposited electronically into
an interest-bearing account in the U.S. Treasury by 11:00 a.m. Eastern
Time the 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 Web site identified
above. BOEM requires bidders to use EFT procedures for payment of one-
fifth bonus bid deposits for CPA Sale 235, following the detailed
instructions contained on the ONRR Payment Information Web page at
http://www.onrr.gov/FM/PayInfo.htm. Acceptance of a deposit does not
constitute and shall 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. 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 requirements of
the Final NOS, including those set forth in the documents contained in
the Final NOS Package and applicable regulations; (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 and Final NOS Package,
OCSLA, or other applicable statute or regulation may 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
antitrust issues prior to the acceptance of bids and issuance of
leases.
To ensure that the Government receives a fair return for the
conveyance of leases from this sale, high bids will be evaluated in
accordance with BOEM's bid adequacy procedures. A copy of current
procedures, ``Modifications to the Bid Adequacy Procedures,'' published
at 64 FR 37560 on July 12, 1999, can be obtained from the BOEM Gulf of
Mexico Region Public Information Office, or via the BOEM Gulf of Mexico
Region Web site at http://www.boem.gov/Oil-and-Gas-Energy-Program/Leasing/Regional-Leasing/Gulf-of-Mexico-Region/Bid-Adequacy-Procedures.aspx.
Bid Adequacy Review Procedures for CPA Sale 235
BOEM published a notification in the Federal Register, Volume 79,
No. 201, October 17, 2014, 62461-62463, at http://www.gpo.gov/fdsys/pkg/FR-2014-10-17/pdf/2014-24727.pdf, proposing the elimination of one
of its acceptance rules, the Number of Bids Rule, from its bid adequacy
procedures. However, BOEM has decided not to eliminate the rule for CPA
Sale 235 and will continue using the existing bid adequacy procedures,
referenced above. If the proposed change in the bid adequacy procedures
is finalized and applicable to future lease sales, bidders will be
notified in the Final NOS, and BOEM will publish the revised procedures
no later than the time the Final NOS for that sale is published.
Lease Award
BOEM requires each bidder awarded a lease to: (1) Execute all
copies of the lease (Form BOEM-2005 (October 2011), 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 218.155 and 556.47(f); 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 four-fifths bonus bid amount and
the first year's rental.
XI. Delay of Sale
The BOEM Gulf of Mexico RD has the discretion to change any date,
time, and/or location specified in the Final NOS Package in case of an
event that the BOEM Gulf of Mexico 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, hurricanes, and 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 (504) 736-0557, or access the
BOEM Web site at www.boem.gov, for information regarding any changes.
Dated: January 22, 2015.
Abigail Ross Hopper,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2015-02273 Filed 2-5-15; 8:45 am]
BILLING CODE 4310-MR-P