§ 2804.35 Application prioritization for solar and wind energy development rights-of-way.

(a) The BLM will prioritize the processing of applications to ensure that agency resources are allocated to applications with the greatest potential for approval and implementation. The BLM's prioritization of an application is not a decision and is not subject to appeal under 43 CFR part 4. (b) The BLM will consider relevant criteria when prioritizing applications, including the following: (1) Whether the proposed project is located within an area preferred for solar or wind energy development, such as designated leasing areas, which include solar energy zones, development focus areas, and renewable energy development areas; (2) Whether the proposed project is likely to avoid adverse impacts to or conflicts with known resources or uses on or adjacent to public lands, and includes specific measures designed to further mitigate impacts or conflicts; (3) Whether the proposed project is in conformance with the governing BLM land use plans; (4) Whether the proposed project is consistent with relevant State, Tribal, and local government laws, plans, or priorities; (5) Whether the proposed project incorporates the best management practices set forth in the applicable BLM land use plans and other BLM plans and policies; and (6) Any other circumstances or prioritization criteria identified by the BLM in subsequent policy guidance or management direction through land use planning. (c) The BLM will prioritize your complete application based on all available information, including information you provide to the BLM in the application or in response to deficiency notices, and information provided to the BLM in public meetings or consultations. (d) The BLM may re-prioritize your application at any time.