The BLM requires the payment of annual rent for the use of public lands for utility-scale solar energy development.
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 current regulations at 43 CFR 2806.50, the BLM has developed a schedule to calculate rental fees for solar energy ROW authorizations. Rents will include a base rent for the acreage of public land included within a solar energy ROW authorization and an additional megawatt (MW) capacity fee based on the total authorized MW capacity for the approved solar energy project. The BLM's current rental policy can be found in Instruction Memorandum IM 2010-141, issued June 10, 2010. The BLM may adjust the rental as described in the ROW authorization. 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.