43 C.F.R. Subpart 3273—How to Apply for a Site License
Title 43 - Public Lands: Interior
You must obtain a site license approved by BLM unless your facility will be located on lands leased described under 43 CFR 3273.11. Do not start building or testing your utilization facility on lands leased by BLM for geothermal resources until we have approved both your facility construction permit (See 3272.14) and your site license. The facility operator must apply for the license. Yes, you do not need one if your facility will be located: (a) On private lands or on split estate land where the United States does not own the surface; or (b) On Federal lands not leased for geothermal resources. In these cases, the Federal surface management agency will issue you the permit you need. (a) When we receive your site license application, we will make sure it is complete. If we need more information for our review, we will contact you for that information and stop our review until we receive the information. (b) If your site license is located on leased lands managed by the Department of Agriculture, we will consult with the agency and obtain concurrence before we approve your application. The agency may require additional license terms and conditions. (c) If the land is subject to section 24 of the Federal Power Act, we will issue the site license with the terms and conditions requested by the Federal Energy Regulatory Commission. (d) If another Federal agency manages the surface, we will consult with them to determine if they recommend additional license terms and conditions. (e) After our review, we will notify you whether we approved or denied your license, as well as any additional conditions we require. Yes. BLM will not issue site licenses for lands that are not leased or not available for geothermal leasing. See 43 CFR 3201.11. The site license covers a reasonably compact tract of Federal land, limited to as much of the surface as is necessary to adequately utilize geothermal resources. That means the site license area will only include the utilization facility itself and other necessary structures, such as substations and processing, repair, or storage facilities areas. (a) A description of the boundaries of the land applied for, as determined by a certified licensed surveyor. Describe the land by legal subdivision, section, township and range, or by approved protraction surveys, if applicable; (b) The affected acreage; (c) A non-refundable fee of $50; (d) A site license bond (See 43 CFR 3273.19); (e) The first year's rent, if applicable (see 43 CFR 3273.18); and (f) Documentation that the lessee or unit operator accepts the siting of the facility, if the facility operator is neither the lessee nor unit operator. We will specify the amount in your license, if you are required to pay rent. (See 43 CFR 3273.18.) Your rent will be at least $100 per acre or fraction thereof for an electrical generation facility, and at least $10 per acre or fraction thereof for a direct use facility. Send the first year's rent to BLM, and all subsequent rental payments to MMS under 30 CFR part 218. Yes, we may reassess the rent for lands covered by the license beginning with the tenth year and every ten years after that. No, if you are a lessee siting a utilization facility on your own lease, or a unit operator siting a utilization facility on leases committed to the unit, you do not need to pay rent. Only a facility operator who is not also a lessee or unit operator must pay rent. (a) For an electrical generation facility, the facility operator must submit a surety or personal bond for at least $100,000, and which meets the requirements of subpart 3214. BLM may increase the required bond amount. See subparts 3214 and 3215 for additional details on bonding procedures. (b) For a direct use facility, the facility operator must furnish BLM with a surety or personal bond that meets the requirements of subpart 3214 in an amount BLM will specify. (c) The bond's terms must cover compliance with the requirements of 43 CFR 3200.4. (d) Until you provide a bond and BLM approves it, do not start construction, testing, or anything else that would disturb the surface. We will release your bond after you request it and we determine that you have: (a) Reclaimed the land; including removing the utilization facility and all associated equipment; and (b) Met all the requirements of 43 CFR 3200.4. As the facility operator, you: (a) Must comply with the requirements of 43 CFR 3200.4; (b) Are liable for all damages to the lands, property or resources of the United States caused by yourself, your employees, contractors or the contractors' employees; (c) Must indemnify the United States against any liability for damages or injury to persons or property arising from the occupancy or use of the lands authorized under the site license; and (d) Must remove all structures and restore any disturbed surface, when no longer needed for facility construction or operation. This applies to the utilization facility if you cannot operate the facility and you are not diligent in your efforts to return the facility to operation. (a) The primary term is 30 years, with a preferential right to renew the license under terms and conditions set by BLM. (b) If your lease on which the site license is located ends, you may apply for a facility permit under section 501 of FLPMA, 43 U.S.C. 1761, if your facility is on BLM-managed lands. Otherwise, you must get permission to continue using the surface for your facility from the surface management agency. (a) You have a preferential right to renew your site license under terms and conditions we determine. (b) If your site license is located on leased lands managed by the Department of Agriculture, we will consult with the Federal surface management agency and obtain concurrence prior to renewing your license. The agency may require additional license terms and conditions. If another federal agency manages the surface, we will consult with them before granting your renewal. Yes, by written order. To prevent termination, you will have 30 days after you receive the order to correct the violation, unless we determine the violation cannot be corrected within 30 days and you are diligently attempting to correct it. We may terminate your site license if you: (a) Do not comply with the requirements of 43 CFR 3270.11; or (b) Do not comply with the requirements of 43 CFR 3200.4. Yes. Send us a written notice for review and approval. We will not approve the relinquishment until you comply with 43 CFR 3273.21. Yes, you may transfer your site license in whole or in part. Send us your complete and signed transfer application and a $50 filing fee. Your application must include a written statement that the transferee will comply with all license terms and conditions, and that the lessee accepts the transfer. The transferee must submit a bond meeting the requirements of 43 CFR 3273.19. The transfer is not effective until we approve the bond and site license transfer.
Title 43: Public Lands: Interior
PART 3200—GEOTHERMAL RESOURCE LEASING
Subpart 3273—How to Apply for a Site License
§ 3273.10 When do I need a site license for a utilization facility?
§ 3273.11 Are there any situations where I do not need a site license?
§ 3273.12 How will BLM review my site license application?
§ 3273.13 Are any lands not available for geothermal site licenses?
§ 3273.14 What area does a site license cover?
§ 3273.15 What must I give BLM in my site license application?
§ 3273.16 What is the annual rent for a site license?
§ 3273.17 May BLM reassess the annual rent for my site license?
§ 3273.18 Must all facility operators pay the annual site license rent?
§ 3273.19 What are the bonding requirements for a site license?
§ 3273.20 When will BLM release my bond?
§ 3273.21 What are my obligations under the site license?
§ 3273.22 How long will my site license remain in effect?
§ 3273.23 May I renew my site license?
§ 3273.24 May BLM terminate my site license?
§ 3273.25 May I relinquish my site license?
§ 3273.26 May I assign or transfer my site license?
