[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21708-21711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07568]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO4500169110]
Notice of Competitive Offer and Notice of Segregation for Solar
Energy Development on Public Land, Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Bureau of Land Management (BLM), Pahrump Field Office will
accept competitive bids on four parcels of public lands in Nye County,
Nevada, for photovoltaic solar energy development: two parcels located
within the Amargosa Valley Solar Energy Zone offered for lease, and two
parcels to determine preferred right-of-way applicants. The BLM also
announces the segregation of the two parcels of public lands outside
the Amargosa Valley Solar Energy Zone from appropriation under the
public land laws, including the Mining Law, but not the Mineral Leasing
or Material Sales Acts, for a period of 2 years from the date of
publication of this notice, subject to valid existing rights. This
segregation will facilitate the orderly administration of the public
lands while the BLM considers potential solar development on the two
described parcels.
DATES: The BLM will hold the competitive live auction on June 27, 2023,
at 10:00 a.m. local time for the two parcels located in the Amargosa
Solar Energy Zone, and at 1:00 p.m. local time for the remaining two
parcels.
The segregation for the lands identified in this notice is
effective on April 11, 2023.
ADDRESSES: The auction will be held at the BLM Southern Nevada District
Office, 4701 North Torrey Pines Drive, Las Vegas, Nevada 89130.
FOR FURTHER INFORMATION CONTACT: Beth Ransel, Supervisory Project
Manager, at (702) 515-5000 or [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: The BLM Pahrump Field Office has received a
high level of interest in development of
[[Page 21709]]
solar energy projects in the northwest area of the Pahrump Field
Office, including numerous expressions of interest and submittal of
fifteen applications for proposed solar energy development projects. In
response to this interest, the BLM is proceeding with a competitive
offering for four parcels of public land in Nye County, Nevada: two
parcels for lease within the Amargosa Valley Solar Energy Zone, and two
parcels to determine preferred right-of-way applicants.
Information: Parcel A and Parcel B
The BLM is conducting a competitive process to lease two parcels of
land described as Parcel A and Parcel B, consisting of approximately
7,226 acres of public lands in the Amargosa Valley Solar Energy Zone
(N-98822). The parcels are legally described as follows:
Parcel A
Mount Diablo Meridian, Nevada
T. 13 S., R. 47 E.
Sec. 35, NE\1/4\NE\1/4\SW\1/4\, N\1/2\NW\1/4\NE\1/4\SW\1/4\, SE\1/
4\NW\1/4\NE\1/4\SW\1/4\, SE\1/4\NE\1/4\SW\1/4\, NE\1/4\SE\1/4\SW\1/4\,
and SE\1/4\;
Sec. 36, NE\1/4\NE\1/4\NW\1/4\, S\1/2\NW\1/4\NW\1/4\, S\1/2\NW\1/
4\, and S\1/2\, those portions lying southwesterly of the southwesterly
boundary of right-of-way CC-018078 (U.S. Hwy. 95).
T. 14 S., R. 47 E., unsurveyed.
Sec. 8, NE\1/4\NE\1/4\ and E\1/2\SE\1/4\NE\1/4\;
Sec. 9, N\1/2\, N\1/2\SW\1/4\, N\1/2\SW\1/4\SW\1/4\, N\1/2\SW\1/
4\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\,
SE\1/4\SW\1/4\, and SE\1/4\;
Sec. 10, 11, 13, and 14, those portions lying southwesterly of the
southwesterly boundary of right-of-way CC-018078 (U.S. Hwy. 95);
Sec. 15;
Sec. 16, NE\1/4\, NE\1/4\NW\1/4\, NE\1/4\NW\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\NW\1/4\, SE\1/4\SE\1/4\NW\1/4\NW\1/4\, SE\1/4\NW\1/4\,
N\1/2\NE
SW\1/4\, SE\1/4\NE\1/4\SW\1/4\, and SE\1/4\;---------------------------
Sec. 21, NE\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\, and SE\1/4\NE\1/4\;
Sec. 22, N\1/2\;
Sec. 23, N\1/2\;
Sec. 24, W\1/2\NE\1/4\, and NW\1/4\, those portions lying
southwesterly of the southwesterly boundary of right-of-way CC-018078
(U.S. Hwy. 95):
The areas described contain approximately 3,775 acres, more or
less, based on GIS information.
Parcel B
Mount Diablo Meridian, Nevada
T. 14 S., R. 47 E., unsurveyed.
Sec. 21, E\1/2\NE\1/4\SE\1/4\;
Sec. 22, N\1/2\SW\1/4\, N\1/2\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\SW\1/
4\, SE\1/4\SW\1/4\, and SE\1/4\;
Sec. 23, S\1/2\;
Sec. 24, SW\1/4\, and W\1/2\SE\1/4\, those portions lying
southwesterly of the southwesterly boundary of right-of-way CC-018078
(U.S. Hwy. 95);
Sec. 25, W\1/2\NE\1/4\ and W\1/2\;
Sec. 26;
Sec. 27, NE\1/4\, NE\1/4\NW\1/4\, NE\1/4\NW\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\, SE\1/4\SE\1/4\NW\1/4\, NE\1/4\NE\1/4\SW\1/4\, N\1/
2\SE\1/4\, N\1/2\SW\1/4\SE\1/4\, SE\1/4\SW\1/4\SE\1/4\, and SE\1/
4\SE\1/4\;
Sec. 34, NE\1/4\NE\1/4\, NE\1/4\NW\1/4\NE\1/4\, and E\1/2\SE\1/
4\NE\1/4\;
Sec. 35, N\1/2\, N\1/2\SW\1/4\, NE\1/4\SW\1/4\SW\1/4\, SE\1/4\SW\1/
4\, and SE\1/4\;
Sec. 36, NW\1/4\, N1/2SW\1/4\, SW\1/4\SW\1/4\, and N\1/2\SE\1/
4\SW\1/4\, and SW\1/4\SE\1/4\SW\1/4\.
T. 15 S., R. 47 E., unsurveyed.
Sec. 1, NW\1/4\NW\1/4\NW\1/4\;
Sec. 2, N\1/2\NE\1/4\NE\1/4\, SW\1/4\NE\1/4\NE\1/4\, NW\1/4\NE\1/
4\, N\1/2\SW\1/4\NE\1/4\, N\1/2\NE\1/4\NW\1/4\, and SE\1/4\NE\1/4\NW\1/
4\.
The areas described contain approximately 3,451 acres, more or
less, based on GIS information.
Any lease issued will be subject to the terms and conditions
specified in 43 CFR 2809.18, any additional requirements identified in
the site-specific environmental review documentation, and the following
project-specific stipulations:
1. The lessee will be required to comply with all policies,
procedures, and requirements identified in the Record of Decision for
the Programmatic Environmental Impact Statement for Solar Energy
Development in Six Southwestern States (2012) (Solar PEIS).
2. The lessee will be required to comply with and apply all
applicable programmatic design features, including those design
features specifically identified for the Amargosa Valley Solar Energy
Zone, in accordance with the Las Vegas Resource Management Plan, as
amended by the Solar PEIS.
3. The lessee will be required to comply with the Las Vegas
Resource Management Plan, as amended.
4. A notice to proceed for ground disturbing activities will not be
authorized until site-specific resource surveys and National
Environmental Policy Act of 1969 compliance are completed.
5. A notice to proceed will not be authorized until a Regional
Mitigation Strategy for the Amargosa Valley Solar Energy Zone has been
completed and identified mitigation-related fee payments have been
made. Funding for the strategy will be provided by all leaseholders
within the Amargosa Valley Solar Energy Zone.
6. Site specific mitigation measures (including payment of
mitigation-related fees), required plans, and best management practices
will be attached as conditions of approval for each activity authorized
on a lease.
7. The lessee will be required to pay mitigation-related fees,
including those that will be identified through development of the
Regional Mitigation Strategy.
8. The lessee will be required to comply with all local, State, and
Federal laws and requirements, including but not limited to, the
Endangered Species Act, the National Historic Preservation Act, the
Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection
Act, and will be required to obtain all other required permits for the
project.
In accordance with 43 CFR 2809.17(b), ``We may offer the lease to
the next highest qualified bidder if the successful bidder does not
execute the lease. . . .'' The competitively offered leases are
included in the bid package posted at: https://eplanning.blm.gov/eplanning-ui/project/2019939/510; lease language will not be modified
prior to issuance, unless otherwise required by law. If the successful
bidder fails to execute the lease, it will be considered a default and
BLM will follow default procedures as described in this Notice.
Information: Parcel 1 and Parcel 2
The BLM is conducting a competitive process to determine preferred
applicants to submit right-of-way applications and plans of development
for two parcels of land described as Parcel 1 and Parcel 2, consisting
of approximately 16,449 acres of public lands. The parcels are legally
described as follows--
Parcel 1 (N-101259)
Mount Diablo Meridian, Nevada
T. 15 S., R. 49 E.,
Secs. 20, 21, and 22;
Sec. 23, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, and S\1/2\;
Sec. 24, SW\1/4\ and S\1/2\SE\1/4\, those portions lying westerly
of the westerly boundary of right-of-way NVCC-0018323 (State Route
373);
Sec. 25, that portion lying westerly of the westerly boundary of
right-of-way NVCC-0018323 (State Route 373);
Secs. 26 thru 29;
[[Page 21710]]
Sec. 32, NE\1/4\, NE\1/4\NW\1/4\, and NE\1/4\SE\1/4\;
Secs. 33, 34, and 35;
Sec. 36, that portion lying westerly of the westerly boundary of
right-of-way NVCC-0018323 (State Route 373).
T. 16 S., R. 49 E.,
Sec. 1, that portion lying westerly of the westerly boundary of
right-of-way NVCC-0018323 (State Route 373);
Secs. 2 and 3;
Sec. 4, NE\1/4\, NE\1/4\NW\1/4\, and NE\1/4\SE\1/4\.
The area described contains 10,129 acres, more or less, according
to the BLM National PLSS CadNSDI, and the official plats of the surveys
of the said lands, on file with the BLM.
Parcel 2 (N-101257)
Mount Diablo Meridian, Nevada
T. 16 S., R. 48 E.,
Sec. 1;
Sec. 2, E\1/2\;
Sec. 11, E\1/2\;
Sec. 12;
Sec. 13, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, W\1/2\, and NW\1/4\SE\1/4\;
Sec. 14, W\1/2\NE\1/4\ and W\1/2\.
T. 16 S., R. 49 E.,
Sec. 5, W\1/2\;
Secs. 6 and 7;
Sec. 8, W\1/2\ and SE\1/4\;
Sec. 9, SW\1/4\SW\1/4\;
Sec. 16, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, W\1/2\, and SE\1/4\;
Sec. 17;
Sec. 18, N\1/2\NE\1/4\ and N\1/2\NW\1/4\.
The area described contains 6,320 acres, according to the official
plats of the surveys of the said lands, on file with the BLM.
The competitive offering for Parcel 2 includes a restriction
limiting the solar field area (arrays) proposed in the application
filed by the Preferred Applicant, as shown on the map located in the
bid package found at https://eplanning.blm.gov/eplanning-ui/project/2019939/510. The application submitted by the preferred applicant for
Parcel 2, if any, may not propose solar field siting (arrays) outside
of the specified area.
Within 30 days of being identified as the successful bidder, the
successful bidder must submit a right-of-way application that conforms
with all application requirements found at 43 CFR 2804.12, including
payment of the required application fee. Within 60 days of being
identified as the successful bidder, the successful bidder must submit
a plan of development that conforms with the BLM's Solar Energy Plan of
Development template. The preferred right-of-way applicant will be
required to reimburse the United States for the cost of processing an
application consistent with the requirements of the regulations at 43
CFR 2804.14. The cost recovery fees are based on the amount of time the
BLM estimates it will take to process the right-of-way application and
issue a decision. The BLM will begin processing the right-of-way
application once the cost recovery fees are received as required by the
regulations. Processing of the right-of-way application will be done in
accordance with applicable law, regulations, and policy. Additional
fees may be required as part of approval of a right-of-way grant,
including mitigation-related fees.
In accordance with 43 CFR 2804.30(g), ``Grant approval is not
guaranteed by winning the subject bid and is solely at the BLM's
discretion.''
Auction Information
As provided for in 43 CFR 2804.30(b) and 2809.13(a), bidding will
occur in a competitive auction conducted in-person. The auction will be
open to the public if there is sufficient room capacity, and the event
may be live-streamed. More information will be made available at
https://eplanning.blm.gov/eplanning-ui/project/2019939/510. Interested
bidders are required to pre-register no later than two weeks prior to
the scheduled auction to allow sufficient time for the BLM to verify
qualifications. Under the requirements of 43 CFR 2803.10, qualified
bidders must be:
An individual, association, corporation, partnership, or
similar business entity, or a Federal agency, or State, Tribal, or
local government;
Technically and financially able to construct, operate,
maintain, and terminate the use of the public lands being applied for;
and
Of legal age and authorized to do business in Nevada.
Technical and financial capability may be demonstrated by:
Providing documentation of any successful experience in
construction, operation, and maintenance of a similar sized solar
facility on either public or non-public lands; and
Providing documentation on the availability of sufficient
capitalization to carry out development, including the preliminary
study stage of the project and the environmental review and clearance
process.
Pre-registered bidders will be confirmed and assigned a bidder
number before the auction commences. Complete details and frequently
asked questions on the screening and bidding process can be found
online at: https://eplanning.blm.gov/eplanning-ui/project/2019939/510.
The BLM has determined a minimum acceptable bid for each parcel.
The minimum bid represents ten percent of the rent value of the land
for one year under the BLM's solar rental schedule and an
administrative fee of approximately $3.00 per acre to cover the BLM's
costs of preparing and conducting the competitive offer. The minimum
bid amount was rounded up to the nearest thousand dollar value. Minimum
bids for the four parcels are: Parcel A--$17,000; Parcel B--$16,000;
Parcel 1--$45,000; Parcel 2--$28,000. The competitive offer will start
at the minimum bid and bidders may raise with subsequent bonus bids.
The bonus bid consists of any dollar amount that a bidder wishes to bid
in addition to the minimum bid. The bidder with the highest total bid
(minimum and bonus bid) at the close of the auction will be declared
the successful bidder for the parcel. If you are the successful bidder,
the BLM will offer you a lease (Parcels A or B) or select you as the
preferred right-of-way applicant (Parcel 1 or 2) only if you: (1)
satisfy the qualifications in 43 CFR 2803.10; (2) make the required
payments listed in this Notice; and (3) do not have any trespass action
pending against you for any activity on BLM-administered lands or have
any unpaid debts owed to the Federal Government.
If you are the successful bidder, payment of the minimum bid and at
least 20 percent of the winning bonus bid must be submitted to the BLM
Southern Nevada District Office by the close of business on the day
following the auction. Within 15 calendar days after the auction, you
must pay the balance of the bonus bid, and for Parcels A and B the
successful bidder must also submit the first 12 months acreage rent
(rent payment will be applied to first 12 months acreage rent if you
become the lessee).
If no bids are received for a parcel, the BLM may choose to make
the lands available through the non-competitive application process
found in 43 CFR 2803, 2804, and 2805, or by competitive process at a
later date.
Any required payments must be submitted by personal check,
cashier's check, certified check, bank draft (wire transfer or ACH), or
money order, or by other means deemed acceptable by the BLM, payable to
the Department of the Interior--Bureau of Land Management. The
administrative fee portion of the minimum bid will be retained by the
agency to recover administrative costs for conducting the competitive
bid and
[[Page 21711]]
related processes. The remainder of the minimum bid and bonus bid will
be deposited with the U.S. Treasury. Neither amount will be returned or
refunded to the successful bidder(s) under any circumstance.
Only interests in issued right-of-way grants or leases are
assignable under the regulations at 43 CFR 2807.21. The interest
acquired by the successful bidder or preferred applicant from this
auction may not be assigned or sold to another party prior to the
issuance of a right-of-way grant or lease. The successful bidder may,
however, continue to pursue their application if the successful bidder
becomes a wholly owned subsidiary of a new third party.
Section 50265(b)(1) of the Inflation Reduction Act (codified at 43
U.S.C. 3006(b)(1)) conditions the issuance of rights-of-way for wind or
solar energy development on public lands on (1) the BLM having held an
onshore oil and gas lease sale during the 120-day period before the
issuance of the wind or solar energy development right-of-way on public
lands, and (2) the BLM having offered--in the one-year period preceding
the date of the issuance of the wind or solar lease or grant--the
lesser of 2 million acres or 50 percent of the oil and gas acreage for
which expressions of interest had been submitted in that year. For
Parcels A and B, the BLM will ensure compliance with these provisions
prior to issuing the solar development right-of-way lease to the
successful bidder, if any. For Parcels 1 and 2, the BLM will ensure
compliance with these provisions prior to issuance of solar energy
development right-of-way grants, should solar development be approved
in the future.
Default Procedures
If the requirements listed in this Notice are not satisfied by the
successful bidder as described, it will be considered default, and the
BLM will keep all money that has been submitted and will not offer that
bidder a right-of-way lease (Parcels A and B) or identify that bidder
as the preferred ROW applicant (Parcels 1 and 2). In that event, the
BLM may identify the next highest bidder as the successful bidder (then
follow procedures in this Notice for the successful bidder) or re-offer
the lands through another competitive process.
If a bidder is the apparent successful bidder with respect to
multiple parcels and that bidder fails to meet the requirements
described in this Notice resulting in default on any single parcel, the
BLM will cancel all parcels to that bidder and will keep all money that
has been submitted.
Segregation--Parcel 1 and Parcel 2
Regulations found at 43 CFR 2091.3-1(e) and 2804.25(f) allow the
BLM to segregate public lands for potential rights-of-way when
initiating a competitive process for solar energy development from the
operation of the public land laws, including the Mining Law, by
publication of a Federal Register notice. The BLM uses this authority
to preserve its ability to approve, approve with modifications, or deny
proposed rights-of-way and to facilitate the orderly administration of
the public lands. This segregation is subject to valid existing rights,
including existing mining claims located before this segregation
notice. Licenses, permits, cooperative agreements, or discretionary
land use authorizations of a temporary nature that would not impact
lands identified in this notice may be allowed with the approval of a
BLM authorized officer during the segregation period. As provided in
the regulations, the segregation of lands described in this notice as
Parcel 1 and Parcel 2 will not exceed 2 years from the date of
publication unless extended for an additional 2 years through
publication of a new notice in the Federal Register. The segregation
period will terminate and the land will automatically reopen to
appropriation under the public land laws, including the mining law, at
the earliest of the following dates: upon issuance of a decision by the
authorized officer granting, granting with modifications, or denying
the application for a right-of-way; without further administrative
action at the end of the segregation provided for in the Federal
Register notice initiating the segregation; or upon publication of a
Federal Register notice terminating the segregation. Upon termination
of the segregation of these lands, all lands subject to this
segregation would automatically reopen to appropriation under the
public land laws, including the mining law.
Joseph Varner,
Acting Field Manager--Pahrump Field Office.
[FR Doc. 2023-07568 Filed 4-10-23; 8:45 am]
BILLING CODE 4331-21-P