§ 285.503 - What are the rent and operating fee requirements for a commercial lease?  


Latest version.
  • (a) The rent for a commercial lease is $3 per acre per year, unless otherwise established in the Final Sale Notice or lease.

    (1) You must pay the first 6-months rent, as provided in § 285.500, 45 days after we issue your lease.

    (2) You must pay rent at the beginning of each subsequent 1-year period in accordance with the regulations at § 218.51 of this chapter for the entire lease area until the facility begins to generate commercially, as specified in § 285.506 or as otherwise specified in the Final Sale Notice or lease instrument:

    (i) For leases issued competitively, the MMS will specify in the Final Sale Notice and lease any adjustment to the rent fee to take effect during the operations term and prior to the commercial generation.

    (ii) For leases issued noncompetitively, the MMS will specify in the lease any adjustment to the rent fee to take effect during the operations term and prior to the commercial generation.

    (3) You must pay the rent for a project easement in addition to the lease rent, as provided in § 285.507. You must commence rent payments for your project easement upon our approval of your COP or GAP.

    (b) After your lease begins commercial generation of electricity or on the date specified by MMS, you must pay operating fees in the amount specified in § 285.506:

    (1) For leases issued competitively, MMS will specify in the Final Sale Notice and lease the date when operating fees commence; and

    (2) For leases issued noncompetitively, MMS will specify in the lease the date when operating fee commences.