§ 2809.15 - How will the BLM select the successful bidder?

§ 2809.15 How will the BLM select the successful bidder?

Cross Reference

Link to an amendment published at 89 FR 35683, May 1, 2024.

(a) The bidder with the highest total bid, prior to any variable offset, is the successful bidder, and may be offered a lease become the preferred applicant or the presumptive leaseholder in accordance with § 2809.15(b).

(b) The successful bidder will become the presumptive leaseholder or preferred applicant only after making the payments required in paragraph (d) and satisfying the requirements of this section and § 2803.10. If the successful bidder does not satisfy these requirements, the BLM may make the next highest bidder the successful bidder under § 2809.17(b) or re-offer the lands under § 2809.17(d).

(1) Presumptive leaseholder.

(i) The successful bidder will become a presumptive leaseholder if:

(A) The lands for which the bidder has successfully bid are located within a designated leasing area; and,

(B) The notice of the competitive process indicated that a successful bidder will become a presumptive leaseholder.

(ii) A presumptive leaseholder will be awarded a lease only if the presumptive leaseholder submits a proposed Plan of Development in accordance with §

2805.10.

(b) The BLM will

2804.25(c) and the proposed Plan of Development is approved by the BLM.

(2) Preferred applicant. A successful bidder who does not become a presumptive leaseholder in accordance with § 2809.15(b)(1) may become a preferred applicant. The preferred applicant's application for a grant or lease will be processed for the parcel identified in the submission under § 2809.12(b). Approval of the application is not guaranteed and is solely at the BLM's discretion. The BLM will not process other applications for solar and wind energy development on lands where a preferred applicant has been identified, unless allowed by the preferred applicant.

(c) The BLM will determine the variable offsets for the successful bidder in accordance with § 2809.16 before issuing final payment terms.

(

c

d) Payment terms. If you are the successful bidder, you must:

(1) Make payments by personal check, cashier's check, certified check, bank draft, or money order, or by other means deemed acceptable by the BLM, payable to the Department of the Interior—Bureau of Land Management;

(2) By the close of official business hours on the day

of the offer

on which the BLM conducts the competitive process or such other time as the BLM may have specified in the offer notices, submit for each parcel:

(

i) Twenty percent of the bonus bid (before the offsets are applied under paragraph (b) of this section); and

(ii) The total amount of the minimum bid specified in § 2809.14(b);

(

3) Within 15 calendar days after the day

of the offer

on which the BLM conducts the competitive process, submit the balance of the bonus bid (after the variable offsets are applied under paragraph (

b

c) of this section) to the BLM office conducting the

offer

process; and

(4) Within 15 calendar days after the day

of the offer, submit the

on which the BLM conducts the competitive process, submit the application filing fee under § 2804.12(c) less the application fee submitted under § 2809.11(c)(1) (if you are the preferred applicant), or submit the acreage rent for the first full year of the

solar or wind energy development

lease as provided in

§

part 2806

.54

(

a) or § 2806.64(a), respectively. This amount will be applied toward the first 12 months acreage rent,

if

the successful bidder becomes the lessee.

(d) The BLM will offer

you

a right-of-way lease if you are the successful bidder and:

(1) Satisfy the qualifications in § 2803.10;

(2) Make the payments required under paragraph (c) of this section; and

(3) Do not have any trespass action pending against you for any activity on BLM-administered lands (see § 2808.12) or have any unpaid debts owed to the Federal Government.

(e) The BLM will not offer a lease to the successful bidder and

are the presumptive leaseholder).

(5) You may be required to pay reasonable costs in addition to payment of the application filing fee when processing your application, pursuant to § 2804.14. A processing or monitoring Category 6 cost recovery fee may be reduced by the application filing fee paid when submitting an application.

(e) The successful bidder will not become the preferred applicant or be offered a lease and the BLM will keep all money that has been submitted , with the competitive process if the successful bidder does not satisfy the requirements of paragraph (d) of this section. In this case, the BLM may offer make the lease to the next highest bidder the successful bidder under § 2809.17(b) or re-offer the lands under § 2809.17(d)..

[81 FR 92224, Dec. 19, 2016, as amended at 89 FR 35683, May 1, 2024]