Notice of Competitive Offer for Solar Energy Development on Public Lands in Beaver County, Utah, 50738-50741 [2021-19555]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50738-50741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19555]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[212L1109AF LLUT920000 L13400000.KH0000]


Notice of Competitive Offer for Solar Energy Development on 
Public Lands in Beaver County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: In accordance with the Federal Land Policy and Management Act 
of 1976, as amended, the Bureau of Land Management (BLM), Cedar City 
Field Office, Cedar City, Utah, will accept competitive bids to lease 
public lands for solar energy projects on approximately 4,836 acres 
within the Milford Flats South Solar Energy Zone in Beaver County, 
Utah. Notice is

[[Page 50739]]

hereby given that the lands described below will be available through a 
competitive solar lease offer.

DATES: The competitive solar lease offer will be held at 1 p.m. on 
November 9, 2021. Sealed bids must be received by the BLM Cedar City 
Field Office on or before 10 a.m. MST on November 9, 2021.

ADDRESSES: Sealed bids may be mailed or hand delivered to the BLM Cedar 
City Field Office, Attention: Renewable Energy Department, 176 E. DL 
Sargent Drive, Cedar City, UT 84721. Electronic bid submissions will 
not be accepted.

FOR FURTHER INFORMATION CONTACT: Brooklynn Cox at (435) 865-3073 or 
[email protected]. Persons who use a telecommunications device for the deaf 
may call the Federal Relay Service (FRS) at 1-800-877-8339 to leave a 
message or question for the above individual. The FRS is available 24 
hours a day, seven days a week. Replies are provided during normal 
business hours.

SUPPLEMENTARY INFORMATION: The BLM Cedar City Field Office has received 
interest to lease lands within the Milford Flats South Solar Energy 
Zone. The BLM will offer leases for solar energy development within the 
solar energy zone in accordance with the competitive process described 
in 43 CFR Subpart 2809.
    Bidders may submit bids for each of the three parcels, consisting 
of approximately 4,836 acres of public land. All parcels lie within the 
Milford Flats South Solar Energy Zone, approximately five miles west of 
Minersville, Utah. The parcels being offered for competitive solar 
lease offer are described below:

Parcel A

Salt Lake Meridian, Utah

T. 30 S., R. 11 W.,
    Sec. 7, lots 6 and 7;
    Sec. 18, all that portion lying northwesterly of the apparent 
centerline of Skyline Road and lying southwesterly of the centerline 
of right-of-way UTU-74786.

    The area described contains approximately 310 acres based on BLM 
geographic information system data.

Parcel B

Salt Lake Meridian, Utah

T. 30 S., R. 11 W.,
    Sec. 7, lot 5, and all that portion of lot 8 lying northeasterly 
of the centerline of right-of-way UTU-74786;
    Sec. 8, SW\1/4\ and W\1/2\SE\1/4\;
    Sec. 17;
    Sec. 18, all that portion lying southeasterly of the apparent 
centerline of Skyline Road, and all that portion lying northeasterly 
of the centerline of right-of-way UTU-74786;
    Sec. 19, lots 2 and 5, NE\1/4\, and E\1/2\NW\1/4\;
    Sec. 20, all that portion lying northerly of the northern bank 
of Minersville Canal;
    Sec. 21, all that portion lying northerly of the northern bank 
of Minersville Canal.

    The area described contains approximately 2,708 acres based on 
BLM geographic information system data.

Parcel C

Salt Lake Meridian, Utah

T. 30 S., R. 11 W.,
    Sec. 10, E\1/2\, E\1/2\NW\1/4\, and SW\1/4\;
    Sec. 14, all that portion lying northerly of the northern bank 
of Minersville Canal;
    Sec. 15, all that portion lying northerly of the northern bank 
of Minersville Canal;
    Sec. 22, all that portion lying northerly of the northern bank 
of Minersville Canal.

    The area described contains approximately 1,818 acres based on 
BLM geographic information system data.

    Detailed information about the Milford Flats South Solar Energy 
Zone, including maps, can be viewed and downloaded at: https://eplanning.blm.gov/eplanning-ui/project/97506. As provided for in 43 CFR 
2809.13(a), a modified competitive bidding procedure will be used to 
offer leases within the Milford Flats South Solar Energy Zone. In 
consideration of the nominating party's financial contributions to the 
leasing effort and to incentivize development within the solar energy 
zone, the lease offer will be conducted by sealed bidding with the 
provision that any nominating party would have the option of meeting 
the high bid received on parcels that they have nominated.
    To submit a bid, you must provide the bidder's name and personal or 
business address. Each bid can only contain the name of one bidder 
(i.e., citizen, association or partnership, corporation, or 
municipality). For your bid to receive consideration, you must submit a 
complete bid package, including a Technical and Financial Capability 
Certification, Sealed Bid Statement, payment for the minimum bid, and 
at least 20 percent of the bonus bid. All bidding documents must be 
enclosed in a sealed envelope with the bidder's name and return address 
on the outside. Include the following notation on the front lower left-
hand corner of the sealed envelope: SEALED BID--DO NOT OPEN.
    The BLM has determined a minimum bid for each parcel. The minimum 
bid represents 10 percent of the rent value of the land for one year 
($67.58 per acre for Beaver County) under the BLM's solar rental 
schedule and is based on the interests acquired by a lessee in the 
solar energy zone. The minimum bid also includes an administrative fee 
of approximately $2.42 per acre to cover the BLM's costs of preparing 
for and conducting the competitive offer. Minimum bonus bids for the 
three parcels are: Parcel A--$2,845; Parcel B--$24,854; and Parcel C--
$16,686. Bidders must use the Sealed Bid Statement to identify the 
bonus amount, if any, the bidder would pay above the minimum bid to 
acquire a lease for each parcel. Variable offsets to the final bonus 
bid payment, up to 20 percent, may be offered for bidders that meet any 
of the following criteria, each of which individually represents a 
potential five percent offset: (1) The bidder has submitted a 
nomination within the solar energy zone prior to this offer; (2) the 
bidder proposes to use photovoltaic technology for future development; 
(3) the bidder proposes to use a direct imbed, or other construction 
method, that will minimize surface disturbance; and (4) the bidder can 
show substantial progress toward securing a power purchase agreement 
and/or a large generator interconnect agreement. You must submit 
documentation regarding how you qualify for these variable offsets with 
your bid if you wish to receive consideration. The bidder with the 
highest total bid, prior to any variable offset, will be the successful 
bidder, subject to the provision for nominating party matching. The 
Sealed Bid Statement form, Technical and Financial Capability 
Certification form, and a complete description of the bid process are 
contained in an Invitation for Bids package available at the following 
location: https://eplanning.blm.gov/eplanning-ui/project/97506. All 
bidders will be notified within 10 calendar days after the bidding 
closes of whether they were the successful bidder. Nominating 
party(ies) will be notified and have the option of meeting the high bid 
within this 10-day timeframe.
    If you are the successful bidder, you must then submit, within 15 
calendar days after notification, the balance of the bonus bid (after 
approved variable offsets are applied), and the first 12 months acreage 
rent, to the BLM Cedar City Field Office. The BLM will offer you a 
right-of-way lease if you are the successful bidder and you: (1) 
Satisfy the qualifications in 43 CFR 2803.10; (2) make the required 
payments listed above; 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. The BLM will not offer a 
lease to the successful bidder and will keep all money that has been 
submitted if the successful bidder does not satisfy these requirements. 
In that

[[Page 50740]]

event, the BLM may offer the lease to the next highest bidder, or re-
offer the lands through another competitive process, or make the lands 
available through the non-competitive application process found in 43 
CFR 2803, 2804, and 2805.
    The administrative fee portion of the minimum bid will be retained 
by the agency to recover administrative costs for conducting the 
competitive bid and 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. If you are not the successful bidder as defined in 43 CFR 
2809.15(a), the BLM will return or refund the total bid amount 
submitted with your bid.
    Any required payments submitted must be made by personal check, 
cashier's check, certified check, bank draft, money order, or by other 
means deemed acceptable by the BLM, payable to the Department of the 
Interior--Bureau of Land Management.
    In the case of tied bids, the BLM may re-offer the lands 
competitively to the tied bidders, or to all prospective bidders. If 
there is no bid received for a parcel, then no lease will be issued and 
the BLM may choose to make the lands available through the non-
competitive application process found in 43 CFR 2803, 2804, and 2805, 
or make the land available at a later date by competitive process.
    Any lease issued will be subject to the terms and conditions 
specified in 43 CFR 2809.18, and the following design features, 
mitigation measures and stipulations:
    (1) The leaseholder will be required to incorporate design features 
into the project plan of development to avoid and minimize impacts to 
the surrounding environment. Design features that cover possible site-
specific resource conflicts are included in the Decision Record for 
Milford Flats South Solar Energy Zone Leasing Environmental Assessment 
(DOI-BLM-UT-C010-2018-0042-EA). In accordance with the design features 
and other requirements, the leaseholder will prepare the following 
management plans, if applicable, and submit them to the BLM as part of 
their plan of development for approval, following the issuance of a 
right-of-way lease for the project and prior to the BLM issuing a 
Notice to Proceed with construction:

 Bird and Bat Conservation Strategy
 Decommissioning and Site Reclamation Plan
 Dust Abatement Plan
 Spill Prevention and Emergency Response Plan
 Hazardous Materials and Waste Management Plan
 Health and Safety Program
 Groundwater Monitoring and Reporting Plan
 Fire Management Plan
 Lighting Management Plan
 Integrated Weed Management Plan
 Raven Management Plan
 Site Rehabilitation and Restoration Plan
 Stormwater Pollution Prevention Plan
 Site Drainage Plan
 Traffic Management Plan
 Surface Water Quality Management Plan
 Worker Education and Awareness Plan

    (2) The leaseholder will comply with all relevant protective 
measures and design features established in the Approved Resource 
Management Plan Amendment/Record of Decision for Solar Development in 
Six Southwestern States signed on October 12, 2012.
    (3) A Class III cultural survey will be required prior to any 
ground disturbing activities. All historic properties found will be 
avoided or mitigated in consultation with State Historic Preservation 
Office.
    (4) Any mitigation resulting from an adverse effect to historic 
properties will be addressed through a Memorandum of Agreement as 
outlined in the Programmatic Agreement for the Approved Resource 
Management Plan Amendment/Record of Decision for Solar Development in 
Six Southwestern States.
    (5) Appropriate protection measures will be applied to existing 
improvements (e.g., canals and access to private lands) and rights-of-
way within the solar energy zone and adjacent to other ancillary 
facilities (e.g., gen-tie line(s) and substation) required for 
development of any leased parcels.
    (6) The leaseholder will compensate the grazing permittees for any 
range improvements affected or lost by solar lease operations.
    (7) The leaseholder will construct new fences that will continue to 
keep the allotments and pastures separated as needed to mitigate for 
the removal of allotment and pasture fences.
    (8) Rights-of-way for livestock grazing driveways may be granted 
through solar lease parcels if requested by grazing permittees.
    (9) Any plan of development submitted will address mitigation and 
compensation strategies for impacts to livestock grazing, and any 
agreement with the affected grazing permittee addressing these 
mitigation and compensation strategies will be submitted to the BLM 
concurrent with the plan of development prior to the BLM authorizing a 
Notice to Proceed with construction.
    (10) Ground-level survey wildlife clearances will be conducted for 
sensitive species prior to surface disturbing activities proposed 
during the specified date ranges below. Surveys for sensitive species 
will be conducted by qualified biologists, and appropriate best 
management practices, including spatial buffers specified below, or 
mitigation will be applied prior to project implementation. Nest 
buffers may be lifted if surveys confirm a nest is not occupied.

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              Species                            Stipulation
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Dark Kangaroo Mouse...............  Avoid occupied habitat by 330 feet
                                     year-round or mitigate impacts.
Kit Fox...........................  Avoid occupied burrows by 330 feet
                                     year-round or mitigate impacts.
Pygmy Rabbit......................  Avoid occupied habitat by 330 feet
                                     year-round or mitigate impacts.
Bald Eagle........................  1.0-mile nest buffer. Avoid area
                                     from 1/1-8/31.
Brewer's Sparrow..................  100-foot nest buffer. Avoid area
                                     from 4/1-7/31.
Burrowing Owl.....................  0.25-mile nest buffer. Avoid area
                                     from 3/1-8/31.
Ferruginous Hawk..................  0.25-mile nest buffer. Avoid area
                                     from 3/1-8/1.
Golden Eagle......................  0.5-mile nest buffer. Avoid area
                                     from 3/1-8/1.
Long-billed Curlew................  100-foot nest buffer. Avoid area
                                     from 4/1-7/31.
Sage Thrasher.....................  100-foot nest buffer. Avoid area
                                     from 4/1-7/31.
Short-eared Owl...................  0.25-mile nest buffer. Avoid area
                                     from 3/1-8/1.
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    (11) Construction will occur outside of the migratory bird breeding 
season (April 1-July 31). If seasonal avoidance is not feasible, nest 
surveys will be conducted by a qualified biologist and appropriate 
spatial buffers enacted at a species-specific level. Buffers may be 
lifted if surveys confirm a nest is not occupied.
    (12) If an area is determined to be occupied greater sage-grouse 
habitat after ground level surveys are completed, mitigation will be 
considered in conformance with the current BLM greater sage-grouse 
plans and policy. Anthropogenic actions associated with development of 
the solar energy zone may need to be avoided during greater sage-grouse 
brood rearing season (April 15-August 15) if it is shown that those 
actions will affect brood rearing activities in the area as determined 
by a qualified biologist.
    (13) The developer will be required to coordinate and confirm any 
stream alteration or Section 404 permitting requirements through the 
appropriate State or Federal agency with jurisdiction.
    Authority: 43 CFR 2803, 2804, 2805, and 2809.

Gregory Sheehan,
Bureau of Land Management, State Director, Utah.
[FR Doc. 2021-19555 Filed 9-9-21; 8:45 am]
BILLING CODE 4310-DQ-P