In accordance with the requirements of Section 504(g) of the Federal Land Policy and Management Act (FLPMA) of 1976 as Amended and the provisions of 43 CFR Part 2806, the BLM will require the payment of annual rent for use of the public lands for utility-scale solar energy development.
Consistent with the regulations at 43 CFR 2806.50, the BLM has developed a schedule to calculate rental fees for both solar energy right-of-way (ROW) grants and solar energy ROW leases. Rents include a base rent for the acreage of public land included within a solar energy ROW authorization and an additional phased-in megawatt (MW) capacity fee based on the total authorized MW capacity for the approved solar energy project. The MW capacity fee varies depending on the size and technology of the solar energy development project. The BLM's rental rates for solar energy grants are calculated consistent with the provisions of 43 CFR 2806.52 and the rental rates for solar energy leases are calculated consistent with the provisions of 43 CFR 2806.54. The current rental fee schedules for solar energy ROW authorizations were updated with the issuance of IM 2017-096 on September 14, 2017, and are effective thru 2021. The current MW rental fees for solar energy ROW grants and leases are $2,863 per MW for photovoltaic (PV) facilities, $3,578 per MW for concentrated solar power (CSP) facilities, and $4,294 per MW for CSP with storage of 3 hours or more. The BLM may adjust the rental fees as described in the ROW authorization and consistent with IM 2017-096. Rental adjustments would be based on changes in fair market value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. Rents also could be changed based on new statutory direction.