Code of Federal Regulations (alpha)

CFR /  Title 30  /  Part 585  /  Sec. 585.107 How do I show that I am qualified to be a lessee

(a) You must demonstrate your technical and financial capability to construct, operate, maintain, and terminate/decommission projects for which you are requesting authorization. Documentation can include:

(1) Descriptions of international or domestic experience with renewable energy projects or other types of electric-energy-related projects; and

(2) Information establishing access to sufficient capital to carry out development.

(b) An individual must submit a written statement of citizenship status attesting to U.S. citizenship. It does not need to be notarized nor give the age of individual. A resident alien may submit a photocopy of the Immigration and Naturalization Service form evidencing legal status of the resident alien.

(c) A corporation or association must submit evidence, as specified in the table in paragraph (d) of this section, acceptable to BOEM that:

(1) It is qualified to hold leases or grants under this part;

(2) It is authorized to conduct business under the laws of its State;

(3) It is authorized to hold leases or grants on the OCS under the operating rules of its business; and

(4) The persons holding the titles listed are authorized to bind the corporation or association when conducting business with BOEM.

(d) Acceptable evidence under paragraph (c) of this section includes, but is not limited to the following: ----------------------------------------------------------------------------------------------------------------

Requirements to qualify to hold leases or

(1) Original certificate or certified copy XX ............ ............ ............

from the State of incorporation stating

the name of the corporation exactly as it

must appear on all legal documents.(2) Certified statement by Secretary/ XX ............ ............ ............

Assistant Secretary over corporate seal,

certifying that the corporation is

authorized to hold OCS leases.(3) Evidence of authority of titled XX ............ ............ ............

positions to bind corporation, certified

by Secretary/Assistant Secretary over

corporate seal, including the following:

(i) Certified copy of resolution of

the board of directors with titles of

officers authorized to bind

corporation.

(ii) Certified copy of resolutions

granting corporate officer authority

to issue a power of attorney.

(iii) Certified copy of power of

attorney or certified copy of

resolution granting power of

attorney.(4) Original certificate or certified copy ............ XX XX XX

of partnership or organization paperwork

registering with the appropriate State

official.(5) Copy of articles of partnership or ............ XX XX XX

organization evidencing filing with

appropriate Secretary of State, certified

by Secretary/Assistant Secretary of

partnership or member or manager of LLC.(6) Original certificate or certified copy ............ XX XX XX

evidencing State where partnership or LLC

is registered. Statement of authority to

hold OCS leases, certified by Secretary/

Assistant Secretary, OR original

paperwork registering with the

appropriate State official.(7) Statements from each partner or LLC ............ XX XX XX

member indicating the following:

(i) If a corporation or partnership,

statement of State of organization

and authorization to hold OCS leases,

certified by Secretary/Assistant

Secretary over corporate seal, if a

corporation.

(ii) If an individual, a statement of

citizenship.(8) Statement from general partner, ............ XX ............ ............

certified by Secretary/Assistant

Secretary that:

(i) Each individual limited partner is

a U.S. citizen and;

(ii) Each corporate limited partner or

other entity is incorporated or

formed and organized under the laws

of a U.S. State or territory.(9) Evidence of authority to bind ............ XX XX XX

partnership or LLC, if not specified in

partnership agreement, articles of

organization, or LLC regulations, i.e.,

certificates of authority from Secretary/

Assistant Secretary reflecting authority

of officers.(10) Listing of members of LLC certified ............ ............ ............ XX

by Secretary/Assistant Secretary or any

member or manager of LLC.(11) Copy of trust agreement or document ............ ............ ............ ............ XX

establishing the trust and all

amendments, properly certified by the

trustee with reference to where the

original documents are filed.(12) Statement indicating the law under ............ ............ ............ ............ XX

which the trust is established and that

the trust is authorized to hold OCS

leases or grants.----------------------------------------------------------------------------------------------------------------

(e) A local, State, or Federal executive entity must submit a written statement that:

(1) It is qualified to hold leases or grants under this part; and

(2) The person(s) acting on behalf of the entity is authorized to bind the entity when conducting business with us.

(f) BOEM may require you to submit additional information at any time considering your bid or request for a noncompetitive lease.