BLM Seeks Comments on Solar and Wind Energy Public Land Leases

The Bureau of Land Management (BLM) published an advance notice of proposed rulemaking (ANPR) on December 29, 2011, taking the first step toward establishing a competitive process for leasing public lands for solar and wind energy development. The ANPR asks for public comments to assist the BLM as it drafts a proposed rule that is meant to foster the growth of renewable energy by establishing an efficient competitive process for issuing right-of-way (ROW) leases for solar and wind energy development.

The BLM’s authority for this action comes from Section 211 of the Energy Policy Act of 2005, which instructs the Secretary of the Interior to seek to approve at least 10,000 megawatts of non-hydropower renewable energy generation capacity on public lands by 2015.

According to the ANPR, the agency will evaluate ways to establish competitive bidding procedures for lands within designated solar and wind energy development leasing areas, define qualifications for potential bidders, and structure the financial arrangements necessary for the process.

The BLM has indicated a “particular interest” in receiving comments on the following questions:

• How should a competitive process be structured for leasing lands within designated solar or wind energy development leasing areas?
• Should a competitive leasing process be implemented for public lands outside of designated solar or wind energy development leasing areas? If so, how should such a competitive leasing process be structured?
• What competitive bidding procedures should the BLM adopt?
• What is the appropriate term for a competitive solar energy ROW lease?
• What is the appropriate term for a competitive wind energy ROW lease?
• Should nomination fees be established for the competitive process? If so, how should the fees be determined?
• How should the bidding process for competitive solar and wind energy ROW leases be structured to ensure receipt of fair market value?
• Should a standard performance bond be required for competitive solar and wind energy ROW leases, and how should the bond amount be determined?
• What diligent development requirements should be included in competitive solar and wind energy ROW leases?
   

BLM is accepting comments on the ANPR until February 27, 2012.

This post was authored by GLLF staff attorney Emily Kelchen.