Use of Competitive Processes for Solar and Wind Energy Development outside of Designated Leasing Areas
N/A
Washington, DC 20003
United States
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Grand Junction, Colorado 81506
https://www.blm.gov
April 15, 2021
In Reply Refer To:
2800 (350) P
EMS TRANSMISSION 04/22/0221
Instruction Memorandum No. 2021-026
Expires: 09/30/2023
To: All Field Office Officials
From: Assistant Director, Energy, Minerals, and Realty Management
Subject: Use of Competitive Processes for Solar and Wind Energy Development outside of Designated Leasing Areas
Program Area: Rights-of-Way Management, Solar and Wind Energy.
Purpose: This memorandum provides guidance as to when the Bureau of Land Management (BLM) may or may not use competitive processes to offer public land for solar and wind energy development outside of Designated Leasing Areas (DLA).[1]
Administrative or Mission Related: Mission.
Policy/Action: (1) When the BLM May Use a Competitive Process outside of a DLA
Outside DLAs, the BLM typically issues right-of-way (ROW) grants for solar and wind energy development through a non-competitive process as described in 43 CFR 2804. However, the BLM may offer, through a competitive process, any land outside a DLA which is open to solar and/or wind ROW applications under the approved land use plan (43 CFR 2804.30(a)). “Variance Areas,” as defined in the Western Solar Plan, are an example of land available for solar energy ROWs outside DLAs where competition may be used.
Except as otherwise provided below, the BLM should offer land outside a DLA through a competitive process only when the BLM determines that competitive interest exists. Criteria that the BLM may consider include:
- Multiple applications received for the same public lands;
- Other applications received for public lands in the nearby vicinity (e.g., applications that propose to connect to the same substation or would result in shared transmission infrastructure); and
- Other evidence of competitive interest based on contact with members of the public and solar and wind energy development companies.
The BLM may also competitively offer land for solar and wind energy development outside of DLAs on its own initiative (43 CFR 2804.23(c), 2804.30(c)). In advance of preparing the Federal Register notice to competitively offer any such lands for solar and/or wind energy development, the BLM State Offices are advised to coordinate with the BLM Headquarters Rights-of-Way and Renewable Energy Branch within the BLM Division of Lands, Realty and Cadastral Survey (HQ-350).
2) When the BLM May Not Use a Competitive Process outside of a DLA
The BLM will not competitively offer land for solar and/or wind energy development where the BLM has already completed all of the following steps:
- Accepted a completed ROW application (SF-299);
- Received the full application filing fee;
- Received a Plan of Development (POD); and
- Executed a cost recovery agreement.
The BLM will notify the ROW applicant in writing, once all the above conditions have been met, that those public lands will not be competitively offered while the BLM processes the ROW application.
In cases where the BLM offers land competitively outside a DLA, a successful bidder whose bid meets the requirements of 43 CFR 2804.30(f) will be considered the “preferred applicant.” The BLM will not accept applications on land where a preferred applicant has been identified, unless allowed by the preferred applicant. 43 CFR 2804.30(g).
Timeframe: This policy will be in effect immediately.
Budget Impact: The application of this policy will have minimal budget impact. The administration of solar and wind energy ROWs is subject to cost recovery.
Background: President Biden has set ambitious goals that will ensure America and the world can meet the urgent demands of the climate crisis, while empowering American workers and businesses to lead a clean energy revolution that achieves a carbon pollution-free power sector by 2035 and puts the United States on an irreversible path to a net-zero economy by 2050. Per Section 207 of Executive Order 14008, the Department of the Interior is identifying steps to accelerate responsible renewable energy production on public lands and waters to support climate and environmental goals. In addition, the Energy Act of 2020 requires the Secretary of Interior (Secretary) to establish national minimum goals for renewable energy production on Federal Land. Further, the Secretary shall seek to permit at least 25,000 megawatts of electricity from wind, solar, and geothermal energy not later than 2025 through management of public lands and administration of Federal laws.
Manual/ Handbook Sections Affected: This Instruction Memorandum (IM) transmits policy that will be incorporated into the BLM Manual Series 2804, Applying for Federal Land Policy and Management Act Grants, during the next revision.
Coordination: The BLM Division of Lands, Realty and Cadastral Survey (HQ-350) coordinated the preparation of this IM with relevant BLM State Offices. The Department of the Interior Solicitor’s Office reviewed and provided input to this policy prior to its finalization.
Contact: If you have any questions concerning the content of this IM, please contact Stephen Fusilier, Branch Chief, Rights-of-Way and Renewable Energy, at 202-309-3209 or sfusilie@blm.gov or Jeremy Bluma, Realty Specialist, Renewable Energy Lead, at 208-789-6014 or jbluma@blm.gov.
Signed by: Authenticated by:
Nicholas E. Douglas Robert M. Williams
Assistant Director Division of Regulatory Affairs,(WO-630)
Energy, Minerals, and Realty
Management
[1] This IM is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
This memorandum provides guidance as to when the Bureau of Land Management (BLM) may or may not use competitive processes to offer public land for solar and wind energy development outside of Designated Leasing Areas (DLA).[1]
[1] This IM is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
(1) When the BLM May Use a Competitive Process outside of a DLA
Outside DLAs, the BLM typically issues right-of-way (ROW) grants for solar and wind energy development through a non-competitive process as described in 43 CFR 2804. However, the BLM may offer, through a competitive process, any land outside a DLA which is open to solar and/or wind ROW applications under the approved land use plan (43 CFR 2804.30(a)). “Variance Areas,” as defined in the Western Solar Plan, are an example of land available for solar energy ROWs outside DLAs where competition may be used.
Except as otherwise provided below, the BLM should offer land outside a DLA through a competitive process only when the BLM determines that competitive interest exists. Criteria that the BLM may consider include:
- Multiple applications received for the same public lands;
- Other applications received for public lands in the nearby vicinity (e.g., applications that propose to connect to the same substation or would result in shared transmission infrastructure); and
- Other evidence of competitive interest based on contact with members of the public and solar and wind energy development companies.
The BLM may also competitively offer land for solar and wind energy development outside of DLAs on its own initiative (43 CFR 2804.23(c), 2804.30(c)). In advance of preparing the Federal Register notice to competitively offer any such lands for solar and/or wind energy development, the BLM State Offices are advised to coordinate with the BLM Headquarters Rights-of-Way and Renewable Energy Branch within the BLM Division of Lands, Realty and Cadastral Survey (HQ-350).
2) When the BLM May Not Use a Competitive Process outside of a DLA
The BLM will not competitively offer land for solar and/or wind energy development where the BLM has already completed all of the following steps:
- Accepted a completed ROW application (SF-299);
- Received the full application filing fee;
- Received a Plan of Development (POD); and
- Executed a cost recovery agreement.
The BLM will notify the ROW applicant in writing, once all the above conditions have been met, that those public lands will not be competitively offered while the BLM processes the ROW application.
In cases where the BLM offers land competitively outside a DLA, a successful bidder whose bid meets the requirements of 43 CFR 2804.30(f) will be considered the “preferred applicant.” The BLM will not accept applications on land where a preferred applicant has been identified, unless allowed by the preferred applicant. 43 CFR 2804.30(g).
The application of this policy will have minimal budget impact. The administration of solar and wind energy ROWs is subject to cost recovery.
President Biden has set ambitious goals that will ensure America and the world can meet the urgent demands of the climate crisis, while empowering American workers and businesses to lead a clean energy revolution that achieves a carbon pollution-free power sector by 2035 and puts the United States on an irreversible path to a net-zero economy by 2050. Per Section 207 of Executive Order 14008, the Department of the Interior is identifying steps to accelerate responsible renewable energy production on public lands and waters to support climate and environmental goals. In addition, the Energy Act of 2020 requires the Secretary of Interior (Secretary) to establish national minimum goals for renewable energy production on Federal Land. Further, the Secretary shall seek to permit at least 25,000 megawatts of electricity from wind, solar, and geothermal energy not later than 2025 through management of public lands and administration of Federal laws.
This Instruction Memorandum (IM) transmits policy that will be incorporated into the BLM Manual Series 2804, Applying for Federal Land Policy and Management Act Grants, during the next revision.
If you have any questions concerning the content of this IM, please contact Stephen Fusilier, Branch Chief, Rights-of-Way and Renewable Energy, at 202-309-3209 or sfusilie@blm.gov or Jeremy Bluma, Realty Specialist, Renewable Energy Lead, at 208-789-6014 or jbluma@blm.gov.
The BLM Division of Lands, Realty and Cadastral Survey (HQ-350) coordinated the preparation of this IM with relevant BLM State Offices. The Department of the Interior Solicitor’s Office reviewed and provided input to this policy prior to its finalization.