Section 50265 of the IRA stipulates that, in order for the DOI to issue offshore wind development leases, DOI must have offered offshore oil and gas development leases covering at least 60 million acres in the previous year. The section further stipulates that DOI may only issue onshore wind and solar right-of-ways if, in the previous 120 days, it has held onshore oil and gas lease sales totaling at least 2 million acres or 50 percent of the acreage for which expressions of interest were submitted for that period (whichever is less). These requirements last for 10 years from the date of enactment of the IRA.
Current Status:
Trump Administration Actions:
- Litigation Compliance Report Indicates DOI Released Some Previously Frozen Awards [04/23/2025]
- DOI Secretary Issues Order to Review IRA Regulations and Spending [02/03/2025]
- OMB Orders Temporary Pause on Financial Assistance Programs, Later Rescinded [01/27/2025]
- OMB Clarifies Scope of the Order to Halt IRA Spending [01/21/2025]
- Trump Issues Executive Order to Halt All IRA Funding Disbursements [01/20/2025]
Implementation Status at End of Biden Administration:
DOI finalized its rule to implement this section in April 2024. The requirement of this provision extends for 10 years, so DOI’s compliance will be ongoing.
Biden Administration Actions:
- DOI Proposes Revised Oil and Gas Leasing Regulations to Reflect IRA Provisions on Royalty Rates, Rentals, and Minimum Bids [07/24/2023]
- DOI Announces Final Sale Notice for Three Areas Available for Commercial Wind Energy Leasing on the Outer Continental Shelf in the Gulf of Mexico [07/21/2023]
- BLM Issues Instruction Memorandum on Rights-of-Way Issuances for Solar and Wind Development [04/13/2023]
- DOI Issues Proposed Gas Waste Prevention Rule [11/30/2022]
- DOI Issues Guidance on Renewable Energy Development [11/21/2022]
- DOI Issues Guidance on Oil and Gas Leasing [11/21/2022]