[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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