BLM rule for renewable energy leasing of federal lands

The federal Bureau of Land Management has issued a final rule establishing a competitive process for leasing federal lands for renewable energy development.  The Obama administration describes the rule as strengthening the agency's existing "Smart from the Start" leasing program, consistent with the president's Climate Action Plan.  But following the 2016 election, the future Trump administration could change the agency's course.

Part of the Department of the Interior, the BLM manages federal lands across the U.S.  While BLM lands have been used for mining for years, under the Obama administration BLM took steps to open up federal lands for leasing for renewable energy projects.  Under federal laws including the Federal Land Policy and Management Act (FLPMA) and the Mineral Leasing Act (MLA), BLM is authorized to issue what it calls "grants" -- easements, leases, licenses, and permits to occupy, use or traverse public lands for particular purposes -- for facilities for the generation, transmission, and distribution of electric energy, and oil and gas pipelines.

On November 10, BLM released its final rule, "Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and WindEnergy Development and Technical Changes and Corrections for 43 CFR Parts 2800and 2880.”  It amends BLM's regulations governing rights-of-way issued under two federal laws.  BLM described the amendments as necessary to "facilitate responsible solar and wind energy development on BLM-managed public lands and to ensure that the American taxpayer receives fair market value for such development."

The final rule includes provisions to promote the use of preferred areas for solar and wind energy development.  These areas, called “designated leasing areas” (DLAs), are defined parcels of land with specific boundaries identified by the BLM land use planning process as being a preferred location for solar or wind energy that can be leased competitively for energy development.

The rule expands BLM's existing regulations, allowing BLM to offer lands competitively on its own initiative, both inside and outside DLAs, even in the absence of identified competition. Within DLAs, the rule will require competitive leasing procedures except in certain circumstances, when applications could be consider ed outside the competitive process. Outside DLAs, the BLM will have discretion whether to utilize competitive leasing procedures.

The final rule also updates payments charged by BLM, to ensure that it obtains fair market value for the use of public lands.  Updated fee structures include both an acreage rent and a megawatt-capacity fee.

Given the November 8 election results, it is unclear whether the Trump administration will continue in this direction.  While campaigning, President-elect Trump emphasized leasing more federal land for fossil fuel production.  The BLM renewable energy rule's future is thus in question.

Energy projects installed in May 2012

A report released this week by federal energy regulators documents the composition of additions to the U.S.'s portfolio of electricity resources.  The May 2012 Energy Infrastructure Update released by the Federal Energy Regulatory Commission's Office of Energy Projects provides a summary of newly-built and expanded electric generation facilities.  This snapshot of what happened in May 2012 illustrates trends in the electric industry, including a focus on renewable energy and natural gas in project development.

According to the report, 561 megawatts of new or expanded electric generation capacity came online in May 2012.  Of this new installed capacity, the largest share -- 228 MW -- came from wind.  Most of this new capacity comes from a single project, E.ON Climate & Renewables North America, LLC’s Magic Valley Wind Farm I in Texas.  The Magic Valley I project is comprised of 112 Vestas V100 1.8-MW turbines, for a total nameplate capacity of 202 MW.

The second-largest resource class of new generation capacity in May 2012 comes from biomass, with 166 MW of new biomass capacity installed in May.  As with wind, Texas hosts the bulk of this new  capacity.  The largest new biomass project is a 100 MW wood-fired plant built in Nacogdoches County, Texas, by Southern Company, financed in part through a long-term power purchase agreement with Austin Energy to buy the power.

Solar-powered generation provides the third-largest class of capacity newly installed in May 2012.  Eleven new projects came online in May, totaling 149 MW of new capacity.  The largest of these is Enbridge Inc.’s 50 MW Silver State North Solar Project.  This project, located in Clark County, Nevada, is the first utility-scale solar facility built on federal land managed by the Bureau of Land Management.  Its output will be sold to NV Energy under a long-term PPA.

Together, these three renewable resources -- wind, biomass, and solar -- represent 543 out of the 561 MW installed in May 2012. Other fuels like coal and natural gas played a relatively minor role in terms of new capacity installed in May.  Nevertheless, the year-to-date cumulative data shows that natural gas powers the largest share of projects installed in 2012 -- 2,811 MW out of the 6,225 MW installed so far in 2012.