[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80263-80264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22597]



[[Page 80263]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NM_FRN_MO4500181426; NM105857366)]


Notice of Competitive Offer for Solar Energy Development on 
Public Land in Do[ntilde]a Ana County, NM

AGENCY: Bureau of Land Management, Interior

ACTION: Notice of competitive offer.

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SUMMARY: The Bureau of Land Management (BLM) is accepting competitive 
bids on one parcel of public land in Do[ntilde]a Ana County, New 
Mexico, for solar energy development. The parcel offered for lease, 
Parcel 5, is located within the Afton Solar Energy Zone (SEZ). Bidders 
in this competitive bid process are competing to become the presumptive 
leaseholder of the specified lease.

DATES: The BLM will hold an in-person, competitive oral auction on 
November 14, 2024, at 10 a.m. Mountain Time. Interested bidders are 
required to pre-register for the in-person competitive oral auction by 
November 1, 2024, to allow sufficient time for the BLM to verify their 
qualifications and variable offsets (discounts). To register or learn 
more information about this effort, visit https://eplanning.blm.gov/eplanning-ui/project/2032349/510.

ADDRESSES: The competitive live auction will be held at the BLM Las 
Cruces District Office, 1800 Marquess Street, Las Cruces, New Mexico 
88005.

FOR FURTHER INFORMATION CONTACT: BLM Project Manager Paula Montez at 
telephone: (575) 525-4387 or email: <a href="/cdn-cgi/l/email-protection#2f5f4240415b4a556f4d434201484059"><span class="__cf_email__" data-cfemail="b0c0dddfdec4d5caf0d2dcdd9ed7dfc6">[email protected]</span></a>. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or Tele Braille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The BLM received a high level of interest in 
the development of solar energy projects within the Afton SEZ, 
including through the submission of nominations and expressions of 
interest.

Parcel 5 Information

    The BLM is conducting an in-person oral auction to lease one parcel 
of land: Parcel 5, consisting of approximately 937.5 acres of public 
lands within the Afton SEZ. The area is described as follows:

New Mexico Principal Meridian, New Mexico

T. 25 S., R. 1 E.,
    Sec. 15, W\1/2\NE\1/4\, W\1/2\, NW\1/4\SE\1/4\, NE\1/4\NE\1/
4\NE\1/4\SW\1/4\SE\1/4\, W\1/2\NE\1/4\NE\1/4\SW\1/4\SE\1/4\, W\1/
2\NE\1/4\SW\1/4\SE\1/4\, NW\1/4\SE\1/4\NE\1/4\SW\1/4\SE\1/4\, W\1/
2\SW\1/4\SE\1/4\, and W\1/2\SE\1/4\SW\1/4\SE\1/4\;
    Sec. 21, E\1/2\NE\1/4\, NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/4\, 
N\1/2\SE\1/4\SW\1/4\NE\1/4\, SE\1/4\SE\1/4\SW\1/4\NE\1/4\, NE\1/
4\NW\1/4\, NE\1/4\NW\1/4\NW\1/4\, E\1/2\NW\1/4\NW\1/4\NW\1/4\, S\1/
2\NW\1/4\NW\1/4\, and N\1/2\N\1/2\NE\1/4\SE\1/4\;
    Sec. 22, W\1/2\NW\1/4\NE\1/4\, W\1/2\W\1/2\SW\1/4\NE\1/4\, NW\1/
4\, N\1/2\N\1/2\ SW\1/4\, N\1/2\SW\1/4\NE\1/4\SW\1/4\, SE\1/4\SW\1/
4\NE\1/4\SW\1/4\, and SE\1/4\NE\1/4\SW\1/4\.

    The area described is 937.5 acres.

    Any lease issued will be subject to the terms and conditions 
specified in 43 CFR 2809.18, requirements identified through site-
specific environmental analysis, and the terms and conditions outlined 
in the Determination of National Environmental Policy Act (NEPA) 
Adequacy document, dated July 27, 2024.

Auction Information

    As provided for in 43 CFR 2809.13(a), bidding will occur through an 
in-person oral auction. More information will be made available at 
https://eplanning.blm.gov/eplanning-ui/project/2032349/510.
    Interested bidders are required to pre-register with the BLM by 
November 1, 2024, to allow sufficient time for the BLM to verify 
bidders' qualifications and variable offsets. As required in 43 CFR 
2803.10, bidders must be:
    <bullet> An individual, association, corporation, partnership, or 
similar business entity, a Federal agency, or a State, Tribal, or local 
government;
    <bullet> Technically and financially able to construct, operate, 
maintain, and terminate the use of the public lands being applied for; 
and
    <bullet> Of legal age and authorized to do business in New Mexico.
    Bidders may demonstrate their technical and financial capability 
by:
    <bullet> Providing documentation of any successful experience in 
construction, operation, and maintenance of a similar sized solar 
facility on either public or non-public lands; and
    <bullet> Providing documentation on the availability of sufficient 
capitalization to carry out development, including the preliminary 
study stage of the project and the environmental review and clearance 
process.
    In order to be considered for a variable offset, bidders must 
submit their documentation to the BLM with their pre-registration 
packages.
    Pre-registered bidders will be confirmed before the auction 
commences. To review complete details, frequently asked questions on 
the screening and bidding process, and to register for the auction, 
please visit: https://eplanning.blm.gov/eplanning-ui/project/2032349/510.
    The BLM has determined a minimum acceptable bid for Parcel 5. The 
minimum bid represents the rent value of the land for 1 year under the 
BLM's solar per-acre rent schedule and an administrative fee of 
approximately $24 per acre. This cost covers the BLM's costs of 
preparing and conducting the competitive sale process. Rounding up to 
the nearest thousand-dollar value, the BLM has determined the minimum 
bid for Parcel 5 is $26,000. Bidding will start with the minimum bid 
and increase with subsequent bonus bids. The bonus bid consists of any 
dollar amount that a bidder wishes to bid in addition to the minimum 
bid. Variable offsets of up to 20 percent are available for qualified 
bidders. Variable offsets will reduce the bonus bid amount (not the 
minimum bid) that must be paid by the percent in which the bidder 
qualified. To qualify for variable offsets, bidders must meet any of 
the following criteria, each of which individually represents a 
potential percentage offset as indicated: (1) the bidder has submitted 
a nomination within the Afton SEZ prior to this notice of competitive 
offer (10 percent offset); and/or (2) the bidder proposes low-water use 
technology, for example photovoltaic development (5 percent offset); 
and/or (3) the bidder has control of other lands in immediate proximity 
for solar development (5 percent offset). Bidders wishing to utilize 
the variable offset must submit documentation showing their 
qualifications with their bids.
    The bidder with the highest total bid (minimum and bonus bid), 
prior to any variable offsets, at the close of the auction will be the 
successful bidder and may become the presumptive leaseholder in 
accordance with 43 CFR 2809.15(b). The successful bidder will become 
the presumptive leaseholder only if they: (1) satisfy the 
qualifications in 43 CFR 2803.10 and 43 CFR 2809.15; and (2) make the 
required payments listed in this notice per 43 CFR 2809.15(d); and (3) 
do not have any trespass action pending against them for any activity 
on BLM-administered lands or have any unpaid debts owed to the Federal 
Government. Once all requirements of 43 CFR 2803.10 and 43 CFR 2809.15 
are met, including BLM approval of the proposed Plan of Development, as 
outlined in 43 CFR

[[Page 80264]]

2809.15(b)(ii), as well as NEPA conformance, the presumptive 
leaseholder will become the leaseholder. The leaseholder must then 
submit a final Plan of Development in accordance with 43 CFR 
2809.18(c).
    The successful bidder will not become the presumptive leaseholder 
if they do not satisfy the requirements in 43 CFR 2809.15, do not 
execute the lease, or is for any reason disqualified from holding the 
lease. In the case when the successful bidder does not satisfy the 
requirements to become a presumptive leaseholder, the BLM may make the 
next highest bidder the successful bidder or re-offer the lands. The 
BLM will keep all money that has been submitted with the competitive 
process if the successful bidder does not satisfy the requirements of 
43 CFR 2809.15(d).
    The successful bidder must submit payment of the minimum bid and at 
least 20 percent of the winning bonus bid to the BLM Las Cruces 
District Office no later than noon on November 15, 2024. Within 15 
calendar days after the auction, the successful bidder must: (1) pay 
the balance of the bonus bid (after the variable offsets are applied); 
and (2) submit the acreage rent for the first full year of the solar 
energy development lease. This amount will be applied toward the first 
12 months acreage rent if the successful bidder becomes the 
leaseholder.
    Any required payments must be submitted by personal check, 
cashier's check, certified check, bank draft (wire transfer or 
Automated Clearing House), or money order, or by other means deemed 
acceptable by the BLM, payable to the Department of the Interior--
Bureau of Land Management. The administrative fee portion of the 
minimum bid will be retained by the agency to recover administrative 
costs for conducting the competitive bidding and related processes. The 
remainder of the minimum bid and bonus bid will be deposited with the 
U.S. Treasury. There will be no returned or refunded money to the 
successful bidder(s).
    Only interests in issued right-of-way (ROW) leases are assignable 
under the regulations at 43 CFR 2807.21. The interest acquired by the 
successful bidder from this auction may not be assigned or sold to 
another party prior to the issuance of a ROW lease. The successful 
bidder may, however, continue to pursue their application if the 
successful bidder becomes a wholly owned subsidiary of a new third 
party.
    Section 50265(b)(1) of the Inflation Reduction Act (codified at 43 
U.S.C. 3006(b)(1)) conditions the issuance of wind and solar energy 
development ROWs on: (1) the BLM having held an onshore oil and gas 
lease sale during the 120-day period before the issuance of the wind or 
solar energy development; and (2) the BLM having offered--in the 1-year 
period preceding the date of the issuance of the lease--the lesser of 
two million acres or 50 percent of acreage for which expressions of 
interest had been submitted in that year. The BLM will ensure 
compliance with these provisions prior to issuing the solar development 
ROW lease to the successful bidder, if any.

(Authority: 43 CFR subpart 2809)

Melanie G. Barnes,
State Director, New Mexico State Office.
[FR Doc. 2024-22597 Filed 10-1-24; 8:45 am]
BILLING CODE 4331-23-P


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