US BLM 43 CFR 2809: Competitive Solar Leasing & Nomination Guide
Updated 6 September 2026 · By SolarNevs Research Desk, Dealer surveys + verified sources · 1 source · Method ↗
Key Takeaways
- Under 43 CFR Part 2800 Subpart 2809 (§ 2809.10 and § 2809.11), the Bureau of Land Management conducts competitive leasing for solar and wind energy development on federal public lands.
- Calls for Nominations are published in the Federal Register and online, establishing geographic boundaries and submission requirements.
- Parcel nominations must be submitted in writing with a refundable nomination fee of $5 per acre, legal land descriptions, and parcel boundary maps.
- Submissions must designate exactly one legal entity as the nominator of record; nominations cannot be unilaterally withdrawn by applicants.
- Promulgated under 89 FR 35683 (effective May 1, 2024), updating federal land energy leasing procedures.
Regulatory Framework for Competitive Solar Leasing
Codified under Title 43 of the Code of Federal Regulations (Part 2800, Subpart 2809), the Bureau of Land Management administers competitive leasing for utility-scale solar projects on public lands.
Pursuant to revisions published in 89 FR 35683, the competitive process allows developers and the BLM to identify high-potential solar parcels within designated leasing areas while ensuring environmental and land-use compliance under the Federal Land Policy and Management Act (FLPMA).
Call for Nominations & Publication Requirements
Under 43 CFR § 2809.11(a), the BLM initiates competitive leasing by publishing a formal Call for Nominations:
- Publication Channels: Notice is published in the Federal Register, supported by notices in local newspapers and online.
- Notice Contents: Each notice specifies submission deadlines, decision dates, designated geographic areas, and nominator qualification standards under 43 CFR § 2803.10.
Nomination Submission Standards & Fees
To submit a valid nomination for solar development rights, prospective developers must satisfy the requirements of 43 CFR § 2809.11(b):
Submission Requirement | Regulatory Specification & Compliance Standard | Statutory Rule |
|---|---|---|
Nomination Fee | $5 per acre refundable fee submitted with written nomination | 43 CFR § 2809.11(b)(1) |
Designated Entity | Exactly one citizen, association, partnership, corporation, or municipality | 43 CFR § 2809.11(b)(2) |
Parcel Documentation | Comprehensive legal land description and detailed parcel boundary map | 43 CFR § 2809.11(b)(3) |
Applicant Qualification | Must meet baseline qualifications for grant holders under 43 CFR § 2803.10 | 43 CFR § 2809.11(c) |
Withdrawal Limitation | Nominations cannot be withdrawn by applicants; refunds issued only if BLM cancels for cause | 43 CFR § 2809.11(d) |
The BLM retains full discretionary authority under 43 CFR § 2809.11(e) to determine whether to conduct a competitive offer for nominated public lands.
Frequently asked questions
How does the BLM initiate competitive leasing for solar development on public lands?
Under 43 CFR 2809.10 and 2809.11, the BLM publishes a formal Call for Nominations in the Federal Register and through local media or the internet, specifying submission deadlines and parcel boundaries (August 2026).
What is the mandatory nomination fee for solar energy development on BLM lands?
Nominations must be submitted in writing accompanied by a refundable nomination fee of **$5 per acre** (August 2026).
What identifying information is required in a solar land nomination?
Under 43 CFR 2809.11(b)(2), the nomination must specify the name and address of exactly one citizen, association, partnership, corporation, or municipality as the nominator of record (August 2026).
Can a solar developer withdraw a nomination once submitted to the BLM?
A nomination cannot be withdrawn by the applicant; it can only be withdrawn by the BLM for cause, in which case the nomination fee is refunded (August 2026).
References
- Cornell Law School LII: 43 CFR 2809.11 — accessed 31 August 2026
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