Bureau of Land Management Solar Energy Program Western Solar Plan
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Due Diligence—Plan of Development (POD)

A sufficiently detailed POD is required for all solar energy development right-of-way (ROW) applications and ROW leases. An outline for a POD is provided here as guidance.

A solar energy non-competitive ROW applicant is required by the regulations (43 CFR 2804.12(b)(1)) to submit with the ROW application a general description of the proposed project and a schedule for the submission of a more complete POD. The BLM will not accept a POD that is simply a conceptual plan. The BLM will not begin processing the application until submittal of the more complete POD. During the NEPA review process for the application additional information may be requested of the applicant. If the BLM needs more information as part of the POD, the BLM will identify this information in a written deficiency notice asking the applicant to provide the additional information within a specified period of time (43 CFR 2804.25(c)). The applicant is also required by the regulations (43 CFR 2804.25(c)(1)) to commence any required resource surveys or inventories within one year of the request date from the BLM. A 30-day show cause letter will be provided to the applicant prior to issuing any decision to reject the application for failure to respond to a deficiency notice regarding the POD (43 CFR 2804.26(a)) pursuant to the regulations (43 CFR 2804.25(b) and 2804.26(a)).

A solar energy competitive ROW lease holder is required by the regulations (43 CFR 2809.18(c)) to submit a complete POD within 2 years of the lease issuance date. The BLM will not accept a POD that is simply a conceptual plan. The BLM will not begin the NEPA review process for the proposed solar energy development project within the issued lease until submittal of the complete POD. During the NEPA review process for the POD additional information may be requested of the lease holder. If the BLM needs more information as part of the POD, the BLM will identify this information in a written deficiency notice asking the lease holder to provide the additional information within a specified period of time. A 30-day show cause letter will be provided to the lease holder prior to issuing any decision to suspend or terminate the lease.

The BLM may also deny an application if the applicant does not provide the processing fees required by 43 CFR 2804.14 in a timely manner.

Updated: 12/13/2017