IRA Section 50251 – Wind Leasing on the Outer Continental Shelf

Section 50251 of the IRA authorizes the DOI to grant leases, easements, and rights-of-way for renewable energy projects on portions of the U.S. Outer Continental Shelf that were withdrawn from leasing under two Presidential memorandums issued by President Trump in September 2020.

Section 50251 of the IRA also inserts a new section 33 into the Outer Continental Shelf Lands Act requiring DOI to issue calls for information and nominations for proposed wind lease sales in certain areas of the U.S. Outer Continental Shelf adjacent to the territories of Puerto Rico, Guam, American Samoa, U.S. Virgin Islands, and the Northern Mariana Islands. DOI must issues the first such call by no later than September 30, 2025.

Section 50251 of the IRA also amends section 2 of the the Outer Continental Shelf Lands Act to revise the definition of “Outer Continental Shelf.” The amendment clarifies that the Outer Continental Shelf includes all submerged lands lying outside of state waters that are within the “exclusive economic zone of the United States and adjacent to any territory of the United States” but “does not include any area conveyed by Congress to a territorial government for administration.” The effect of this amendment is to authorize the DOI to issue leases in offshore areas that are within the U.S. exclusive economic zone and adjacent to U.S. territories.