The BLM may require the holder of a solar energy development right-of-way (ROW) authorization to provide the BLM access to pertinent project information.
The BLM may require the holder of a solar energy development ROW authorization to provide any pertinent environmental, technical, and financial records, reports, and other information, including Power Purchase Agreements (PPAs) and Interconnection Agreements, related to project construction, operations, maintenance, and decommissioning, including the production and sale of electricity generated from the approved facilities on public land (43 CFR 2805.12(p); 43 USC 1765(b); 43 USC 1764(g); 43 USC 1761(b)). The BLM may use this information for the purpose of monitoring the authorization and for periodic evaluation and adjustment of rental fees or other financial obligations under the authorization.
Upon the request of the BLM authorized officer, the appropriate records, reports, or information shall be made available for inspection and duplication by such officer. Any information marked confidential or proprietary will be kept confidential to the extent allowed by law. Failure to cooperate with such request, provide data, or grant access to information or records, may, at the discretion of the BLM authorized officer, result in suspension or termination of the ROW authorization. All solar energy ROW authorizations must include such disclosure provisions in the terms and conditions of the authorization in accordance with the regulations (43 CFR 2807.17).