[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25922-25977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06997]



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Vol. 89

Friday,

No. 72

April 12, 2024

Part II





 Department of the Interior





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Bureau of Land Management





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43 CFR Parts 2800, 2860, et al.





Update of the Communications Uses Program, Cost Recovery Fee Schedules, 
and Section 512 of FLPMA for Rights-of-Way; Final Rule

  Federal Register / Vol. 89 , No. 72 / Friday, April 12, 2024 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2800, 2860, 2880, and 2920

[BLM_HQ_FRN_MO4500175819]
RIN 1004-AE60


Update of the Communications Uses Program, Cost Recovery Fee 
Schedules, and Section 512 of FLPMA for Rights-of-Way

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: The Department of the Interior (DOI or Department), through 
the Bureau of Land Management (BLM), is issuing this final rule to 
streamline the BLM's communications uses program, update its cost 
recovery fee schedules, and add provisions for operations, maintenance, 
and fire prevention plans for powerline rights-of-way (ROWs) consistent 
with section 512 of the Federal Land Policy and Management Act of 1976, 
as amended (FLPMA).

DATES: The final rule is effective on May 13, 2024.

FOR FURTHER INFORMATION CONTACT: Stephen Fusilier, Branch Chief, 
Rights-of-Way, telephone: 202-309-3209, email: [email protected], or by 
mail 1849 C St. NW, Washington, DC 20240, for information regarding the 
substance of this final rule.
    Individuals in the United States who are deaf, blind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. For a summary of the final rule, please see the 
final rule summary document in docket BLM-2022-0002 on 
www.regulations.gov.

SUPPLEMENTARY INFORMATION: 
I. Executive Summary
II. Background
III. Section-by-Section Discussion
IV. Procedural Matters

I. Executive Summary

    This final rule addresses three distinct areas: communications 
uses; cost recovery; and operations, maintenance, and fire prevention 
plans for powerline ROWs. The final rule revises certain regulatory 
provisions related to communications use ROWs authorized under FLPMA. 
The BLM administers approximately 1,500 communications sites on BLM 
lands. By making it easier for industry to collocate in and on existing 
communications facilities or build out new communications 
infrastructure on public lands, the BLM can play a strong role in 
increasing connectivity throughout the United States. The communication 
uses portion of the final rule:
     Requires the BLM to grant or deny communications uses ROW, 
easement, or lease applications within 270 days;
     Provides for electronic filing of communications uses ROW 
applications; and
     Requires Standard Form-299 (SF-299) as the common form for 
communications uses grant applications.
    The final rule changes the cost recovery fee schedule for ROWs 
authorized under Title V of FLPMA or the Mineral Leasing Act of 1920, 
as amended (MLA), as well as for land use authorizations under Title 
III of FLPMA. Though FLPMA and the MLA authorize cost recovery for 
costs associated with processing, monitoring, and terminating ROWs, the 
current cost recovery fees for minor ROWs requiring less than 50 hours 
of work do not cover the BLM's actual costs. The cost recovery portion 
of the final rule:
     Increases the cost recovery fees for minor ROWs; and
     Expands the definition of minor ROWs to those requiring 
less than 64 hours of work.
    The final rule also adds provisions consistent with section 512 of 
FLPMA, including section 512(b)(1), which directs the BLM ``[t]o 
enhance the reliability of the electric grid and reduce the threat of 
wildfire damage to, and wildfire caused by vegetation-related 
conditions within, electric transmission and distribution ROWs . . . 
including hazard trees.'' The portion of the final rule implementing 
section 512 of FLPMA:
     Includes provisions governing operations, maintenance, and 
fire prevention plans and agreements for vegetation and facility 
management on public lands within powerline ROWs;
     Adds a definition of hazard tree consistent with the 
United States Forest Service's definition; and
     Includes emergency access provisions.

II. Background

    The subject matter of this rule is the BLM's ROW program under 43 
CFR parts 2800 and 2880, land use authorizations under part 2920, and 
communications uses under newly established part 2860.
    For the reader to better understand the following discussion, a 
``grant,'' as defined in 43 CFR 2801.5, is any authorization or 
instrument (e.g., easement, lease, license, or permit) the BLM issues 
under Title V of FLPMA. A ``right-of-way'' refers to the public lands 
that the BLM authorizes a holder to use or occupy under a particular 
grant.
    This final rule covers three distinct topics. The first topic is 
communications uses. The second topic, cost recovery for the ROW 
program, addresses the reimbursement of costs, as authorized by FLPMA 
(43 U.S.C. 1701 et seq.) and the MLA (30 U.S.C. 185 et seq.), for the 
Federal Government's expenses in undertaking ROW work. The third topic 
is implementation of Section 512 of FLPMA (43 U.S.C. 1772) and 
addresses the risk of fires from powerline ROWs on public lands.

A. Communications Uses

    In the 21st century, broadband is just as vital to the public as 
roads and bridges, electric lines, and sewer systems. At the community 
level, an advanced telecommunications network is critical for 
supporting growth, allowing small businesses to flourish, creating 
jobs, strengthening the first-responder network in remote areas, and 
making it possible to remain competitive in the information-age 
economy. At the individual level, access to broadband--and the 
expertise to use it--opens the door to employment opportunities, 
educational resources, health care information, government services, 
and social networks.
    Although there have been great strides in expanding broadband 
services in the United States over the past several years, rural and 
Tribal areas lag behind in broadband deployment. Successive 
Presidential administrations and Congress have made it a priority to 
bring affordable, reliable, high-speed broadband to every American, 
including the more than 35 percent of rural Americans who lack access 
to broadband at minimally acceptable speeds. E.O. 13821, issued on 
January 8, 2018, promotes better access to broadband internet service 
in rural America. It states that ``Americans need access to reliable, 
affordable broadband internet service to succeed in today's 
information-driven, global economy'' and establishes a policy ``to use 
all viable tools to accelerate the deployment and adoption of 
affordable, reliable, modern high-speed broadband connectivity in rural 
America, including rural homes, farms, small businesses, manufacturing, 
and production sites,

[[Page 25923]]

tribal communities, transportation systems, and healthcare and 
education facilities.''
    On January 8, 2018, in association with the release of E.O. 13821, 
a Presidential Memorandum (Memorandum) entitled ``Supporting Broadband 
Tower Facilities in Rural America on Federal Properties Managed by the 
Department of the Interior'' stated an executive branch policy to make 
Federal assets more available for rural broadband deployment, with due 
consideration for national security concerns. The Memorandum directed 
the Secretary of the Interior to ``develop a plan to support rural 
broadband development and adoption by increasing access to tower 
facilities and other infrastructure assets managed by the Department of 
the Interior'' and ``identify[ ] the assets that can be used to support 
rural broadband deployment and adoption.''
    As the land management agency with the responsibility to manage the 
largest inventory of public land in the Federal Government, the BLM is 
promulgating this rule to amend regulatory provisions for the 
processing and monitoring of ROWs for communications uses. 
Communications companies, cooperatives, other private entities, and 
government agencies ultimately make decisions on locations to construct 
and/or upgrade broadband infrastructure, from communications towers to 
linear ROWs for fixed terrestrial broadband access. However, the 
Department administers a significant amount of land as well as existing 
permitted infrastructure that can be leveraged for increased 
connectivity in rural America. Currently, there are approximately 1,500 
communications sites on BLM lands. By making it easier to collocate in 
and on existing communications facilities or build out new 
communications infrastructure on public lands, this rule will help to 
increase connectivity throughout the United States. Communications 
uses, including fiber optic and telephone, may be collocated within the 
6,000 miles of energy corridors administered by the BLM and the U.S. 
Forest Service (USFS).
    Newly established Part 2860 of this rule consolidates and revises 
the existing regulations pertaining to communications uses to 
streamline processes and establish new customer service standards. The 
rule also proposes several technical changes to clarify the 
communications regulations.
    This rule incorporates the new timing requirements established by 
the MOBILE NOW Act into the BLM's regulations. As amended by the MOBILE 
NOW Act, 47 U.S.C. 1455(b)(3)(A) states: ``Not later than 270 days 
after the date on which an executive agency receives a duly filed 
application for an easement, right-of-way, or lease under this 
subsection, the executive agency shall--(i) grant or deny, on behalf of 
the Federal Government, the application; and (ii) notify the applicant 
of the grant or denial.'' E.O. 13821 states, ``Federal property 
managing agencies shall use the GSA [General Services Administration] 
Common Form Application for wireless service antenna structure siting 
developed by the [GSA] Administrator for requests to locate broadband 
facilities on Federal property.'' The MOBILE NOW Act also requires the 
use of a common form for all applications for communications 
facilities. The BLM provides Standard Form (SF)-299 for applicants 
seeking authorization for such purposes on public lands. The GSA, 
through collaboration with other agencies, decided the SF-299 would be 
the common form for Federal authorization of communications uses. This 
rule requires use of the SF-299 for all communications uses grants, 
thereby making the regulations consistent with the MOBILE NOW Act. By 
updating these regulations, the BLM will improve response times and 
address the current lack of certainty in the communications uses grant 
process that impacts industry construction schedules and may increase 
construction costs.

B. Cost Recovery

    Typically, unless exempt, an applicant must reimburse the BLM for 
its reasonable costs incurred in processing and monitoring a FLPMA ROW 
activity. Both FLPMA and the MLA authorize the Federal Government to 
collect fees, called cost recovery, for the reimbursement of costs that 
it expends in processing a ROW application, taking administrative 
actions, or monitoring the construction, operation, and termination of 
a facility authorized by a grant. The Federal Government collects cost 
recovery before the BLM begins tasks related to a ROW application or 
other ROW-related activity.
    In 2005, the BLM completed regulations, found in 43 CFR parts 2800 
and 2880, that established a cost recovery processing and monitoring 
fee schedule for ROW applications and grants and an annual process 
whereby the BLM updates the schedule to account for changes in the 
Implicit Price Deflator Gross Domestic Product (IPD-GDP). The IPD-GDP 
measures annual changes in the prices of goods and services produced in 
the United States. The existing regulations also require the BLM to 
reevaluate its cost recovery fees for each cost recovery category, and 
the categories themselves, within 5 years after their effective date 
and at 10-year intervals thereafter (43 CFR 2804.15 and 2884.15). The 
BLM completed its initial cost recovery reevaluation in December 2010 
and has continued to evaluate data received through the end of FY 2020. 
These data show that the former cost recovery fee collections do not 
adequately cover the costs incurred by the BLM for processing and 
monitoring ROW applications and grants under both FLPMA and the MLA.
    The final rule revises the existing cost recovery fee categories to 
better reflect updates in technology, the procedures for processing 
applications and monitoring grants, and statutes and regulations 
relating to the ROW program.
    This rule also increases the cost recovery fees to better reflect 
the current costs of processing and monitoring minor category ROWs and 
updates the scope of the minor categories. Under the former rule, ROWs 
that took 50 hours or less for a BLM realty specialist to process were 
considered minor. Under the final rule, that processing time is 
increased to 64 hours. This will allow more applications to qualify for 
a minor category, thus eliminating the labor to establish, monitor, and 
maintain appropriate accounting of major category cost recovery 
accounts on those applications. The BLM believes this change will 
increase operational efficiency.
    This rule also makes several technical changes to 43 CFR parts 2800 
and 2880 that clarify and expedite other ROW tasks. It updates cost 
recovery processes for FLPMA ROW grants, MLA grants and temporary use 
permits (TUPs), and leases, permits, and easements issued under Title 
III of FLPMA. Finally, the existing ROW cost recovery fee structure is 
also applicable to leases, permits, and easements issued under Section 
302(b) of FLPMA (43 U.S.C. 1732(b)) and 43 CFR part 2920. This rule 
revises the regulations for these authorizations, found in section 
2920.8(b), to provide consistency with the revisions made to the cost 
recovery provisions in part 2800.

C. Section 512 of FLPMA

    The BLM's mission is to sustain the health, diversity, and 
productivity of the public lands for the use and enjoyment of present 
and future generations. The BLM administers approximately 245 million 
surface acres. According to the National Interagency Fire Center 
(NIFC), approximately 109 million acres across

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the United States (including both Federal and non-Federal lands) burned 
in wildfires between 2006 and 2020. Wildfire is a known risk to and 
from powerlines and may be caused by a variety of factors, including 
vegetation contacting live powerlines or structural failures of 
powerline infrastructure.
    On March 23, 2018, Congress amended FLPMA by adding Section 512, 
entitled, ``Vegetation Manag[e]ment, Facility Inspection, and Operation 
and Maintenance Relating to Electrical Transmission and Distribution 
Facility Rights of Way'' (43 U.S.C. 1772). FLPMA Section 512 
establishes requirements for the BLM and the USFS to develop and 
implement regulations to govern review and approval of operations, 
maintenance, and fire prevention plans and agreements for vegetation 
and facility management on public lands within powerline ROWs and on 
abutting Federal lands. To implement Section 512 of FLPMA on land 
managed by the USFS, the USFS published a final rule on July 10, 2020 
(85 FR 41387), an amendment to the final rule on August 11, 2020 (85 FR 
48475), draft policy on December 10, 2020 (85 FR 79463), and a final 
directive on February 10, 2022 (Forest Service Manual (FSM) 2700--
Special Uses Management 2740--Vegetation Management Pilot Projects).
    This final rule includes provisions to implement Section 512 on 
BLM-managed land, including provisions related to emergency conditions. 
This rule is consistent with the direction in Section 512(b)(1) of 
FLPMA that the BLM ``enhance the reliability of the electric grid and 
reduce the threat of wildfire damage to, and wildfire caused by 
vegetation-related conditions within, electric transmission and 
distribution ROWs and abutting Federal land, including hazard trees.'' 
To enhance electric reliability, promote public safety, and avoid fire 
hazards, this rule adds definitions for the terms ``hazard tree'' and 
``operating plan or agreement.'' It also includes provisions pertaining 
to ROW administration to address fire risks on public lands, such as 
ensuring that operating plans and agreements provide for long-term, 
cost-effective, efficient, and timely inspection, operation, 
maintenance, and vegetation management of a ROW and on abutting Federal 
lands, including management of hazard trees. The final rule defines 
``hazard tree'' consistent with the USFS's definition.

D. Legal Authority

    Section 310 of FLPMA (43 U.S.C. 1740) authorizes the Secretary to 
promulgate regulations to implement the statute. FLPMA also provides 
comprehensive authority for the administration and protection of the 
public lands and their resources and directs that the public lands be 
managed ``under principles of multiple use and sustained yield,'' 
unless otherwise provided by law (43 U.S.C. 1732(a)). A similar 
authority for promulgating regulations to implement the MLA's pipeline 
ROW provisions is found at 30 U.S.C. 185(f).
    Both FLPMA (43 U.S.C. 1734(b) and 1764(g)) and the MLA (30 U.S.C. 
185(l)) authorize the BLM and other Federal agencies to require ROW 
applicants or holders to reimburse an agency for costs incurred 
processing a ROW application and inspecting and monitoring an 
authorized ROW.
    The 2018 Consolidated Appropriations Act amended FLPMA by adding a 
new Section 512 (43 U.S.C. 1772), which directs the Secretary to 
promulgate regulations to implement the new section. The 2018 Act also 
included a provision titled the ``Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act'' or ``MOBILE NOW Act,'' which amended section 6409 of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455). The 
MOBILE NOW Act imposes limits on the time to process ROW applications 
and requires the use of a common form for all applications to install, 
construct, modify, or maintain communications facilities (including 
broadband infrastructure) on federally owned lands.

E. Public Notice and Comments

    The 60-day public comment period for the proposed rule, published 
November 7, 2022, at 87 FR 67306, ended on January 6, 2023. The comment 
period was re-opened and ended on January 23, 2023. During the comment 
period and government-to-government consultation with Tribes and Alaska 
Native Corporations, the BLM received 28 submissions, 18 of which were 
unique. Comments included submittals from the following entities: 1 
Tribe, 1 Alaska Native Corporation, 7 companies and industry 
organizations, 3 governmental organizations, and 16 individual 
(including anonymous) submitters. In total, those submissions included 
136 unique comments. Approximately half of the comment submissions were 
neutral in tone or expressed overarching support for the proposed rule, 
with the remaining comments expressing opposition to it. However, 
duplicate letters submitted as part of a form campaign accounted for 
approximately 60 percent of the submittals expressing general 
opposition.
    All relevant comments are posted at the Federal eRulemaking portal: 
http://www.regulations.gov. To access the comments at that website, 
enter 1004-AE60 in the Search box. A few commenters provided comments 
that were outside the scope of the proposed rule, and the BLM is not 
addressing them in this final rule.
    Comments regarding particular provisions of the final rule are 
addressed in the Section-by-Section Discussion below. Several comments 
regarding the rulemaking process are addressed in the Procedural 
Matters discussion below.
    One commenter encouraged us to weigh comments more heavily from 
local communities. The BLM considers all comments and does not give 
more weight based on the identity of the commenter.
    Two commenters requested the BLM work collaboratively with the USFS 
and industry to develop guidance and training programs that ensure 
consistent application and implementation of the rule. The BLM agrees 
that both agencies should continue to work together and with input from 
industry in these areas.

III. Section-by-Section Discussion

Part 2800--Rights-of-Way Under the Federal Land Policy and Management 
Act

    Part 2800 of title 43 of the Code of Federal Regulations describes 
requirements for ROWs issued under FLPMA. This rule revises the cost 
recovery fee schedule and its categories. The communications uses 
provisions found in this part have been either moved to new part 2860 
or removed. Other minor modifications correct or clarify existing 
regulations.
Subpart 2801--General Information
Section 2801.2 What is the objective of the BLM's right-of-way program?
    The rule adds the words ``wherever practical'' to the objective 
described in Sec.  2801.2(c). This revision aligns the objective of 
promoting ROWs in common with the requirement described in Section 503 
(43 U.S.C. 1763) of FLPMA.
Section 2801.5 What acronyms and terms are used in the regulations in 
this part?
    The rule moves several terms associated with communications uses 
from Sec.  2801.5 to the definitions section for a new part 2860, which 
specifically addresses communications uses. The rule also adds new 
definitions to

[[Page 25925]]

Sec.  2801.5. BLM is revising and republishing paragraph (b) of Sec.  
2801.5 (1) to decrease the likelihood of introducing errors, (2) 
improve efficiency during the publication process, and (3) meet Office 
of the Federal Register drafting and formatting requirements for 
publication. Unless explained elsewhere in this preamble as a change 
between the proposed and final rules, the individual (piecemeal) 
changes to the affected CFR units are detailed in the proposed rule, 
published on November 7, 2022, at 87 FR 67306.
    The BLM received comments expressing confusion about the term 
``ancillary'' as that term is used in various sections of the proposed 
rule. In response, the BLM added the term to this definition section of 
the final rule and, consistent with its usage of the term in the 
proposed rule, defined ``ancillary'' as a secondary use entirely within 
the scope of a primary authorization that solely supports the 
operations allowed by that primary authorization and that the holder 
does not make available to third parties through commercial sales.
    As proposed, the term and a definition of ``complete application'' 
are also added to clarify that an application is only complete when it 
contains all necessary information found under Sec.  2804.12 and when 
the BLM notifies the applicant that it is complete. This is an 
important clarification, because the BLM's customer service standards 
for processing applications apply only when an application is complete. 
This is consistent with existing BLM practice, and this rule clarifies 
this requirement. The final rule includes only minor, nonsubstantive 
changes to the definition that appeared in the proposed rule.
    One commenter recommended that the BLM change the definition of 
``complete application'' to provide for notification to the applicant 
if the application is not complete, as well as to reference section 
2804.25(c). However, the BLM will maintain its existing definition of 
``complete application'' and associated workflow. The BLM reviews the 
application casefile upon serialization and sends a deficiency letter 
to the applicant if initial deficiencies are identified. After 
interdisciplinary review, the BLM sends a deficiency letter if the 
interdisciplinary team determines additional pertinent information is 
missing. The BLM may send a deficiency letter at any point during the 
process if more information is needed per 43 CFR 2804.25(c). The BLM's 
current customer service standards and application processing workflow 
appear to address the commenter's requests so that no substantive 
revision of the rule is necessary.
    The rule adds the term and a definition of ``cost recovery'' to 
clarify that it is a fee for the processing and monitoring associated 
with any proposed or authorized ROW. The final rule makes no changes to 
the definition that appeared in the proposed rule.
    The rule adds the term and a definition of ``exempt from rent'' to 
clarify when an authorization is automatically exempt from rental. This 
definition is consistent with existing Sec.  2806.14 and new Sec.  
2866.14. The final rule makes no changes to the definition that 
appeared in the proposed rule.
    The rule revises the definition of the term ``facility'' by 
removing the last sentence. This part of the definition applied only to 
communications uses and was moved into new Sec.  2861.5, which is the 
definitions section for the new part 2860 that has been added by this 
rule to consolidate provisions that address communications uses ROWs. 
The final rule makes no changes to the definition that appeared in the 
proposed rule.
    Several commenters suggested that the BLM change the definition of 
hazard tree to conform with the USFS's definition so that the 
definition would: (1) explicitly refer to the different types of 
vegetation that create hazardous situations, consistent with the USFS's 
definition; and (2) apply to vegetation likely to come within the 
minimum vegetation clearance distance, in addition to vegetation likely 
to come within 10 feet of a powerline facility. Another comment 
requested modification of the rule to acknowledge that all vegetation 
with the capability of growing into a standardized clearance area at 
maximum growth potential will be removed, regardless of whether dead or 
likely to die. And another requested the BLM clarify how it interprets 
the hazard tree definition with respect to who can identify these trees 
and set occupational standards for their staff. Related to the 
definition of ``hazard tree'' and removal of vegetation from the ROW, 
the BLM received a comment requesting clarification of what constitutes 
routine maintenance of the ROW and whether routine maintenance requires 
prior BLM approval. Another comment stated that grant holders, not the 
BLM, should have discretion to determine what vegetation poses an 
imminent danger and should be treated as an emergency not requiring BLM 
approval prior to removal.
    In response to these comments, the final rule revises the 
definition of ``hazard tree'' that appeared in the proposed rule by 
adopting the existing USFS definition and adds definitions of other 
terms used and defined in the USFS definition of ``hazard tree'' 
including ``minimum vegetation clearance distance (MVCD),'' ``maximum 
operating sag,'' ``operating plan or agreement,'' and ``powerline 
facility.'' These definitions apply in the limited context of powerline 
ROWs subject to Sec.  2805.22 and will help holders of such ROWs 
understand what is required of them and what authorization their ROW 
provides. (See Sec.  2805.22(b)(3)).
    As commenters pointed out, the USFS's definition of ``hazard tree'' 
includes trees and non-tree vegetation that is ``[l]ikely to cause 
substantial damage to the powerline facility; disrupt powerline 
facility service; come within 10 feet of the powerline facility; or 
come within the [MVCD] as determined in accordance with applicable 
reliability and safety standards, and as identified in the special use 
authorization for the powerline facility and the associated approved 
operating plan or agreement.'' (36 CFR 251.51).
    The ``MVCD'' is the calculated distance (stated in feet or meters) 
that is used to prevent flashover between conductors and vegetation for 
various altitudes and operating voltages. The MVCD is measured from a 
conductor's maximum operating sag to vegetation within and adjacent to 
the linear powerline ROW for purposes of felling or pruning hazard 
trees. The ROW holder uses this calculation to determine whether 
vegetation poses a system reliability hazard to the powerline facility. 
Although the proposed rule dealt with vegetation management generally, 
the term did not appear, and so was not defined, in the proposed rule. 
It appears in the final rule as a term used in the final rule's 
definition of ``hazard tree.''
    ``Maximum Operating Sag'' is the theoretical position of a 
conductor when operating at 100 degrees Celsius and must be accounted 
for when determining MVCD. Although the proposed rule dealt with 
vegetation management generally, the term did not appear, and so was 
not defined, in the proposed rule. It appears in the final rule as a 
term used in the final rule's definition of ``hazard tree.''
    In response to the comments about vegetation management, the final 
rule also adds a definition for the term ``maintenance'' that applies 
when that term is used to describe actions taken by holders of 
powerline ROWs. The term appeared, but was not defined, in the proposed 
rule. As with the final rule's

[[Page 25926]]

definition of ``hazard tree,'' the BLM is patterning the definition of 
``maintenance'' after the USFS definition of that term in the same 
context of powerline ROWs. ``Maintenance,'' as it is defined in this 
final rule, encompasses and distinguishes between routine, non-routine, 
and emergency maintenance.
    The rule replaces the term ``monitoring'' with ``monitoring 
activities'' and revises the definition of that term. ``Monitoring 
activities'' means those activities the Federal Government performs to 
ensure compliance with terms and conditions of a ROW grant. The 
definition also revises the explanation of the monitoring categories 
for consistency with the revisions made to Sec.  2804.14(a). The final 
rule makes no changes to the definition that appeared in the proposed 
rule.
    The rule adds the term and a definition of ``operations and 
maintenance,'' which includes activities conducted by a ROW holder to 
manage facilities and vegetation within and adjacent to the ROW 
boundary.
    The final rule uses the term ``operating plan or agreement'' in 
place of ``operations, maintenance, and fire prevention plan,'' which 
was used in the proposed rule. ``Operating plan or agreement'' is a 
term used by USFS in its definition of ``hazard tree.'' Since the BLM 
adopted the USFS definition of ``hazard tree'' in this final rule, the 
BLM determined it would be clearer to use the USFS's term ``operating 
plan or agreement'' rather than ``operations, maintenance, and fire 
prevention plan'' as the definitions of the two terms were 
substantively the same. An ``operating plan or agreement'' is a plan 
(or agreement) submitted to the BLM by the holder of a ROW that 
describes how the holder plans to operate, maintain, and inspect the 
applicable ROW and facilities in a cost-effective, efficient, and 
timely manner to enhance electric reliability, promote public safety, 
and avoid fire hazards, including vegetation in or adjacent to the ROW.
    The rule adds the term and a definition of ``powerline facility.'' 
Although the proposed rule dealt with facilities properly described as 
``powerline facilities,'' the term did not appear and so was not 
defined in the proposed rule. It appears in the final rule as a term 
used in the final rule's definition of ``hazard tree.'' A ``powerline 
facility'' is one or more electric distribution or transmission lines 
authorized by a ROW grant and all appurtenances to those lines 
supporting conductors of one or more electric circuits of any voltage 
for the transmission of electric energy, overhead ground wires, and 
communications equipment that is owned by the ROW holder; that solely 
supports operation and maintenance of the electric distribution or 
transmission lines; and that is not leased to other parties for 
communications uses that serve other purposes.
    The rule adds the term and a definition of ``processing 
activities.'' Processing activities are defined as work that the 
Federal Government undertakes to evaluate an application for a ROW 
grant. The principal outcome of ROW processing is a determination of 
whether to approve the application by issuing a grant and identifying 
appropriate terms and conditions for each grant. The definition also 
includes preparation of an environmental document, compliance with 
other legal requirements, and ROW administrative actions, such as 
assignments, amendments, and renewals, as different processing 
activities. This is not a change from existing BLM practice but 
clarifies to the public that the BLM collects cost recovery fees for 
these ROW-related activities. This definition explains what activities 
are generally associated with applications found under each cost 
recovery category. The final rule makes no changes to the definition 
that appeared in the proposed rule.
    In response to comments expressing confusion about the term 
``subleasing,'' the BLM added the term to this section of the final 
rule, defining it as the ROW holder allowing another party or parties 
to use facilities for the purposes specified in the ROW authorization, 
for which use the ROW holder may charge fees.
    In response to multiple comments, the BLM revised the definition of 
``substantial deviation'' to strike the best balance of the various 
considerations that the commenters raised. Two commenters wanted the 
definition of ``substantial deviation'' expanded further. One commenter 
suggested the BLM change the definition of ``substantial deviation'' to 
exclude additions of overhead optical ground wire and additions of new 
structures, as well as replacement of existing structures or 
conductors. Another commenter asked that the BLM change the definition 
of ``substantial deviation'' to clarify that any changes being made in 
support of an existing authorized use within the boundary of an 
existing authorized ROW are not to be considered a substantial 
deviation and require no additional authorization.
    In response to these comments, the final rule revises the 
definition of ``substantial deviation'' to clarify that general 
maintenance activities, including safety-related activities, within an 
existing ROW are not considered a substantial deviation. Additionally, 
the definition clarifies that activities to prevent or suppress 
wildfires on lands within or adjacent to the ROW are not considered a 
substantial deviation. The final rule explicitly identifies 
``vegetation management'' as an example of such activities.
    Another commenter suggested the BLM change the definition of 
``substantial deviation'' to include criteria the BLM will use to 
determine whether activities that occur when a ROW holder adds overhead 
or underground lines, pipelines, structures, or other facilities not 
expressly included in the current grant represent a substantial 
deviation. Though the BLM did not revise the rule to include specific 
criteria that will be used to determine whether an activity is a 
substantial deviation, the BLM plans to issue implementation guidance 
to help the BLM office processing or monitoring the ROW make this 
determination.
    The rule revises the definition of ``transportation and utility 
corridor'' to clarify the process for establishing transportation and 
utility corridors. Furthermore, the amended definition clarifies the 
need for compatible uses. The final rule makes no changes to the 
definition that appeared in the proposed rule.
    The BLM received multiple, contradictory comments about 
``vegetation management'' and in response has added the term and a 
definition to the rule. The rule defines ``vegetation management'' in 
terms of both ``emergency vegetation management'' and ``nonemergency 
vegetation management.'' ``Emergency vegetation management'' is 
unplanned felling and pruning of vegetation on public lands within the 
linear right-of-way for a powerline facility and unplanned felling and 
pruning of hazard trees on abutting public lands that have contacted or 
present an imminent danger of contacting the powerline facility to 
avoid the disruption of electric service or to eliminate an immediate 
fire or safety hazard. ``Nonemergency vegetation management'' is 
planned actions as described in an operating plan or agreement 
periodically taken to fell or prune vegetation on public lands within 
the linear right-of-way for a powerline facility and on abutting public 
lands to fell or prune hazard trees to ensure normal powerline facility 
operations and to prevent wildfire in accordance

[[Page 25927]]

with applicable reliability and safety standards and as identified in 
an approved operating plan or agreement.
    Several commenters suggested changes to Sec.  2805.14(d), the 
provision that gives holders the right to perform certain vegetation 
management, with some commenters proposing that the BLM broaden the 
provision while others proposed that the BLM make it narrower. One 
commenter suggested that the BLM amend Sec.  2805.14(d) so that ROW 
holders could trim, prune, and remove vegetation and conduct other 
activities consistent with maintenance and operation of the ROW and 
protection of public health and safety. Another commenter supported the 
provision as proposed so long as the vegetation management activities 
were defined in the project's operating plan or agreement. A third 
commentor requested revision of Sec.  2805.14(d) to clarify that 
vegetation management to maintain the ROW includes the right to cut or 
trim off-ROW vegetation when the utility determines it is necessary as 
part of its vegetation management program. Similarly, another commenter 
requested the BLM modify the rule to acknowledge that all vegetation 
with the capability of growing into a standardized clearance area at 
maximum growth potential will be removed, regardless of whether it is 
dead or likely to die. A final commenter requested that the BLM clarify 
how the BLM interprets the hazard tree definition with respect to who 
can identify hazard trees and set occupational standards for its staff.
    In response to the comments, the BLM determined it will retain the 
language in Sec.  2805.14(d) but, as discussed above, revised the 
definition of hazard tree to be consistent with the USFS's definition, 
which addresses some of the comments regarding when vegetation 
management is allowed on and adjacent to the ROW.
    The rule adds the term and a definition of ``waived from rent'' to 
clarify the differences between being ``waived from rent'' and ``exempt 
from rent.'' While a holder may be exempted from rent by statute or 
regulation, the BLM may also waive a part, or all, of a holder's rent 
(see Sec. Sec.  2806.15 and 2866.15). The final rule makes no changes 
to the definition that appeared in the proposed rule.
    The rule revises the definition of ``zone'' by removing the number 
``eight'' from the description of the number of zones. The current 
linear rent schedule for ROWs has 15 zones, so the former definition is 
no longer accurate. Removing the number of zones does not affect the 
definition. The final rule makes no substantive changes to the 
definition that appeared in the proposed rule.
Subpart 2802--Lands Available for FLPMA Grants
Section 2802.10 What lands are available for grants?
    This rule revises Sec.  2802.10(c) by removing the specific 
requirement to notify the BLM office nearest the lands you seek to use. 
The rule instructs you to contact the BLM to determine the appropriate 
office with which you should coordinate. The appropriate office is the 
BLM office with jurisdiction over the lands you seek to use, which may 
not be the same as the BLM office nearest those lands.
    One commenter suggested that the BLM modify Sec.  2802.10(c) to 
provide for the identification of a single administrative office to be 
the lead for coordination in processing a ROW application when multiple 
offices may be involved, as well as to provide guidance on how to 
determine the appropriate BLM office or contact.
    The BLM elected not to make the recommended change because the BLM 
has procedures to identify a lead office, or in the case where a 
project crosses several states, to identify a lead state to coordinate 
the processing of a ROW application. See BLM ROW Manual 2804 for 
further guidance on this process.
Subpart 2803--Qualifications for Holding FLPMA Grants
Section 2803.11 Can another person act on my behalf?
    Section 2803.11 adds new provisions to govern the process a holder 
must follow to notify the BLM when another person or entity is 
authorized to act on the holder's behalf. This standardizes what 
documents the BLM requires prior to allowing another person or entity 
to act on behalf of the holder.
    Paragraph (a) requires the holder to follow several steps before 
designating another individual or entity to act on their behalf. These 
requirements are necessary for the BLM to understand the legal 
relationship between the holder and the third party acting on their 
behalf.
    Paragraph (a)(1) explains which BLM office must be notified. The 
office with jurisdiction over a grant retains the official case file 
and therefore needs the official documentation. This paragraph also 
requires the holder to provide a copy of a relevant power of attorney 
if one exists. This is often the instrument used to authorize another 
party to act on the holder's behalf. This requirement should not create 
any additional burden because the requested information is simply a 
copy of documents already possessed by the holder.
    Paragraph (a)(2) requires the holder to provide and maintain 
current contact information for their intended agent. This requirement 
is important if the BLM needs to contact the agent. Without updated and 
current contact information, processing times can be delayed. This 
requirement is anticipated to streamline interactions between the BLM 
and holders or their agents.
    Paragraph (b) informs the ROW holder how the BLM will administer 
the grant. The BLM is simplifying the formal communication process by 
establishing expectations of responsibility for any actions taken by an 
authorized agent. As a result of this change, the BLM anticipates a 
reduction in processing times for requests related to a ROW 
application.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2803.12 What happens to my grant if I die?
    Because an application is not an inheritable interest, the BLM 
changed the title of this section from ``What happens to my application 
or grant if I die?'' to ``What happens to my grant if I die?'' 
Paragraph (a) was also revised to remove the reference to applications.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Subpart 2804--Applying for FLPMA Grants
Section 2804.12 What must I do when submitting my application?
    In Sec.  2804.12, the BLM has changed Sec.  2804.12(a) by adding a 
sentence following the first sentence to read: ``The application must 
include the applicant's original signature or meet the BLM standards 
for electronic commerce.'' This addition clarifies that when an 
application for a ROW is filed electronically, a manual signature may 
not be required. One commenter expressed support for the proposed 
rule's allowance that an application for a ROW that is filed 
electronically may not require a physical signature. The BLM has 
established the electronic filing process for communication uses ROWs 
by providing an online SF-299 for this type of ROW application. The BLM 
may expand the online filing process to other types of ROWs in the 
future.
    Revisions to Sec.  2804.12(a)(4) require an applicant to submit the 
project map for

[[Page 25928]]

the project as Geographic Information Systems (GIS) shapefiles, or in 
an equivalent format, when requested to do so by the BLM. When a BLM 
office is conducting an analysis under the National Environmental 
Policy Act (NEPA) or the National Historic Preservation Act (NHPA), it 
is not uncommon for the various resource specialists to request that 
the applicant provide project data electronically in a GIS format to 
ensure that the correct area for the proposed project is analyzed. It 
is likely the individual or entity responsible for the application 
already has the proposed project data in a GIS format, and therefore, 
the BLM is not adding a significant burden upon the applicant. This new 
requirement is expected to reduce application processing times by 
allowing the BLM to integrate project locations into existing resource 
datasets and analyze the potential resource impacts more quickly. See 
the preamble discussion of Sec.  2864.12(a)(3) for comments related to 
the rule's GIS requirements.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2804.14 What are the fee categories for cost recovery?
    The rule revises the title of this section to read: ``What are the 
fee categories for cost recovery?'' The cost recovery categories in 
this section apply to both processing and monitoring activities, 
whereas the former title of Sec.  2804.14 refers only to processing 
fees for grant applications. The BLM amended Sec.  2804.14(a) to 
clarify that cost recovery fees include both processing and monitoring 
activities and to maintain consistency with the changes in Sec.  
2804.16 which, as amended, provides for the waiver of, rather than 
exemption from, processing and monitoring fees.
    A commenter asked that the BLM explain how monitoring costs for the 
duration of the grant can be determined at the time of the grant 
application, given the long-term nature of authorizations. Often, 
monitoring is a one-time event to ensure that terms and conditions 
contained in a ROW grant are met during construction. However, for more 
complex authorizations, monitoring must occur throughout both 
construction and maintenance of the ROW. The expense for continuous 
monitoring during construction and afterward is considered when making 
category determinations. At times, periodic billing will be required to 
cover additional monitoring costs. This is especially true for Category 
5 and 6 ROW project monitoring. Therefore, the BLM may collect 
additional payments from the land use authorization holder for 
anticipated monitoring expenses. The final rule amends the existing 
regulations to acknowledge that some ROWs that fall into the minor 
categories may nevertheless require monitoring for lengthy construction 
or maintenance periods. The BLM suggests long-term monitoring 
provisions be included in operating plans or agreements.
    The BLM received multiple comments on the cost recovery portion of 
the proposed rule, largely focused on the increased cost recovery fee 
schedule for processing Category 1-4 ROW applications. One commenter 
stated that the BLM should eliminate revisions to the Category 1 
processing fee that include processing fees for work estimated to take 
1 hour or less. This commenter contested the BLM's justification that 
the time spent on ROW work activities generally is not less than 1 hour 
and expressed concern that this revision would create a financial 
burden to industry through the additional processing fees.
    Processing one ROW application generally requires more than 1 hour. 
To process a ROW application, one or more BLM staff specialists need to 
examine the ROW site including traveling to and from the site. They 
need to prepare one or more reports (e.g., cultural site evaluation, 
environmental evaluation), identify appropriate terms and conditions to 
be applied, prepare a grant for the applicant to sign, and collect 
rents and cost recovery payments. Master Agreements are a way for 
applicants to address concerns related to Category 1 applications that 
may take less than 1 hour to process.
    Three commenters expressed concern about the amount the cost 
recovery fee is increasing and/or the validity of the calculations used 
to determine the new cost recovery fee schedule. The first commenter 
stated that cost recovery fees should not be revised to reflect an 
average hourly wage of $67.83. The commenter expressed concern that the 
economic analysis used to determine the average wage does not provide 
sufficient information to assess the validity of this wage. Similarly, 
this commenter stated that the rule did not properly consider required 
reasonableness factors in calculating $67.83 as the base average hourly 
wage for its cost recovery fees. More specifically, the commenter 
stated that the economic analysis was incorrect in its determination 
that all non-major projects: (1) are local in nature with small public 
benefits; (2) provide little opportunity to meet public service needs; 
and (3) would have an insignificant number of ROW applications where 
paying full actual costs could generate undue hardship. The second 
commenter stated that the average hourly wage of $67.83 upon which the 
cost recovery fees of sections 2804.14(b), 2805.16(a), 2884.12(b), and 
2885.24(a) are based is not reasonably supported by the rule. The 
commenter stated the BLM had not provided adequate information for the 
public to consider its proposed new average hourly wage of $67.83, and 
the BLM had not considered adequately the consequences of its proposed 
rule. The third commenter expressed a general concern that cost 
recovery fees were increasing too much.
    The BLM recognizes that the cost recovery calculations are complex 
but will not revise the hourly wage. FLPMA Section 304(b) identifies 
the factors which the BLM takes into account when determining whether 
fees are reasonable. Please see the 1986 BLM proposed rule (51 FR 
26836-26844) for the first cost recovery determinations applying these 
factors. The economic analysis has been updated to provide more detail 
in response to the comments. Further discussion of how the hourly rate 
was calculated and how the amount of the increase satisfies the 
reasonableness factors is provided in the below paragraphs. Master 
Agreements, also discussed below, are a way for applicants to address 
cost concerns.
    Three commenters expressed interest in the overhead cost 
calculations used in calculating the new cost recovery fee schedule. 
One commenter asked why only 3 years were used in calculating 
``overhead costs.'' Another commenter asked how the specific 
percentages for the 3 years used were calculated. A third commenter 
questioned how the asserted ``overhead costs'' were calculated, whether 
only ``vehicle usage, building utility cost, and property maintenance'' 
went into the calculation, or if other items were included.
    The indirect cost rate or ``overhead costs'' include expenses such 
as building maintenance, utilities, general administrative costs (time 
keeping, vehicle expenses, local travel costs), and similar items. The 
indirect rate is calculated by taking the total of the BLM's 
expenditures for a fiscal year (FY), subtracting salary costs, and 
dividing the remainder by the total expense figure. The annual indirect 
rate for any 1 year is derived from the average of the 5 previous 
fiscal years' costs. The indirect cost rates for FY 2018, 2019, and 
2020 were 21.8 percent, 21.6 percent, and 21.5 percent, respectively. 
Tables showing the calculation can be found in the

[[Page 25929]]

economic analysis for this rulemaking. ``Economic and Threshold 
Analysis for Revisions to 43 CFR 2800,'' U.S. Bureau of Land 
Management, October 2023, available at www.regulations.gov.
    The BLM received several comments asking how cost recovery amounts 
were determined for Category 1-4 ROW applications. The cost recovery 
amounts for Category 1-4 applications were determined in a multi-step 
process. First, the BLM reviewed data in the DOI's Financial and 
Business Management System for FYs 2018, 2019, and 2020. The purpose of 
this review was to determine the BLM's costs associated with conducting 
ROW processing and monitoring activities. From this information, the 
BLM determined an approximate average wage ($/hour) being used to 
conduct cost recovery-eligible work and applied that wage to the number 
of hours representing the midpoint for each minor category. The BLM 
reviewed data that included these three functional areas (or sub-
activities): ``1430'' (lands and realty work); ``1492'' (communication 
site work); and ``5102'' (ROW-cost recovery work). The program elements 
included: ``ER'' (ROW processing); ``FP'' (ROW work other than 
processing); and ``NH'' (ROW compliance).
    The BLM used the following formulas to determine the approximate 
average wage for the cost recovery work:

Average Wage = total pay + indirect costs/number of hours worked
Total Pay = pay amount + pay additive + leave surcharge + leave 
surcharge additive
Indirect Costs = total pay [lowast] indirect rate

    ``Pay amount'' is the portion of employee gross pay charged to each 
program. ``Pay additive'' is the government share of taxes (e.g., OASDI 
and Medicare) and any employee benefits (such as health insurance 
premiums, retirement contributions, etc.). ``Leave surcharge'' is a 
percentage of the employee gross pay assessed to each program to fund 
employee leave taken. ``Leave surcharge additive'' is a percentage of 
the government share of taxes and any benefits assessed to each program 
to fund employee leave taken. The ``indirect rate,'' as discussed 
above, is a percentage applied to the total pay to account for overhead 
costs, such as for vehicle use, building utility costs, and property 
maintenance.
    The average wages that the BLM calculated using the cost data were 
relatively stable across the 3-year period with a slight increase in FY 
2020: $66.47, $66.69, and $70.50 in FY 2018, FY 2019, and FY 2020, 
respectively. When the data are combined over the 3-year period, the 
calculated average wage is $67.83.
    This wage is the value that the BLM used to determine the revised 
fee schedule. Specifically, the BLM multiplied $67.83 by the number of 
hours representing the midpoint for each minor category to get the 
revised base year fee for each category. During previous rulemakings on 
this subject, the BLM received comments that most users supported use 
of a midpoint, as opposed to another statistical method or evaluation 
of the data. With this rule, the BLM maintains the use of the midpoints 
for calculating the fees for the minor categories. The result of this 
formulation is revised fees of $271, $1,085, $2,171, and $3,527 for 
minor categories 1, 2, 3, and 4, respectively. These are the fees to be 
applied in the base year and adjusted annually for changes in the GDP-
IPD, per current practice.
    For more specific information on the calculation of the cost 
recovery amounts, please see ``Economic and Threshold Analysis for 
Revisions to 43 CFR 2800,'' U.S. Bureau of Land Management, October 
2023, available at www.regulations.gov.
    With the increase in cost recovery fees, one commenter requested 
additional clarification as to how the BLM intends to use the increased 
revenue from Category 1-4 cost recovery. The BLM will use the increased 
revenue from the cost recovery fee increase to offset the costs the BLM 
incurs processing and monitoring minor category ROWs. Currently, the 
cost recovery funds received from applicants or ROW holders do not 
cover the Federal Government's expenses in processing and monitoring 
ROWs, which is the principal reason for adjusting the cost recovery fee 
schedule.
    Two commenters stated that cost recovery fees should be solely 
covered by applicants and not impact taxpayers. The BLM agrees with 
these commenters. That is one of the reasons why the final rule 
includes the fee schedule increase. The BLM has elected not to revise 
the final rule to further explain the BLM's use of the revenue from the 
cost recovery fees. The statutory authority and the definition of 
``cost recovery'' at Sec.  2801.5 and text of the rule at Sec.  2804.14 
explain that cost recovery fees are for both processing and monitoring 
expenses.
    A commenter also encouraged the BLM to provide detail regarding the 
cost recovery fees as well as other recovered costs to ensure that 
double cost recovery does not occur. The BLM charges cost recovery fees 
for processing and monitoring ROWs, and the BLM receives rents for the 
use of public lands for ROW purposes. Cost recovery is charged only 
once, while the ROW rental is charged every year. In suggesting that 
double cost recovery could occur, the commenter likely is confusing the 
one-time cost recovery with annual rent.
    Two commenters requested that the BLM apply cost recovery fees to 
cover road inspection by BLM staff. For roads that are part of a ROW 
project subject to cost recovery, such fees are already used to pay for 
these inspections. Although the BLM is not changing this final rule to 
directly accommodate this comment, the BLM believes that it is a 
worthwhile suggestion, and the BLM will strive to ensure that cost 
recovery receipts are used for the proposed purpose.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2804.15 When does the BLM reevaluate the cost recovery fees?
    This rule revises the title of this section to change ``processing 
and monitoring'' to ``cost recovery.'' This change is necessary for 
consistency with the changes made to Sec.  2804.14.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2804.16 When will the BLM waive cost recovery fees?
    The rule amends Sec.  2804.16 by revising the title to read ``When 
will the BLM waive cost recovery fees?'' rather than ``Who is exempt 
from paying processing and monitoring fees?'' Paragraph (a) of this 
section contains the undesignated introductory text of existing Sec.  
2804.16. This language was revised to refer to cost recovery fees, 
instead of processing and monitoring fees, and change the existing 
provision for an absolute exemption from fees to a potential waiver of 
fees that the BLM has discretion to apply or not apply.
    Paragraph (a)(1) of this section contains the text of existing 
Sec.  2804.16(a) and states that ROW cost recovery fees may be waived 
if an applicant is a State or local government and the application is 
for governmental purposes that benefit the general public. Under this 
paragraph, the waiver does not apply if charges levied on customers are 
similar to those of a profit-making entity. This is different from the 
former exception which applied only when such charges were the 
``principal source of revenue.''

[[Page 25930]]

    The waiver for governmental entities is intended to provide 
financial relief to governmental entities seeking to provide a benefit 
to the public. However, some of these entities charge rent to use their 
facility beyond the operating costs. This change makes the waiver 
unavailable to applicants who would otherwise receive an authorization 
at no charge and then collect fees from other users.
    Paragraph (a)(2) of this section contains the text, without 
revision, from existing paragraph (b).
    Paragraph (a)(3) allows the BLM to waive cost recovery fees for 
Federal agencies for applications belonging to cost recovery Categories 
1 through 4. The former regulations required Federal agencies to pay 
cost recovery fees on all ROW applications. Under an earlier version of 
the regulations, Federal agencies were exempt from all cost recovery. 
This rule strikes a middle path by allowing the BLM to waive fees for 
Federal agencies in some but not all circumstances. Transferring funds 
between agencies is costly and administratively slow. Costs associated 
with processing the transfer often exceed the fees being transferred. 
Therefore, it is not cost effective for the BLM to collect cost 
recovery fees from other Federal agencies for Categories 1 through 4. 
However, if a Federal agency's application would take the BLM more than 
64 hours to process, the BLM would collect cost recovery fees under 
Category 5 or 6.
    This rule adds a new paragraph (b) to this section stating that the 
BLM will not waive your fees if you are in trespass. This paragraph 
makes existing BLM policy explicit in the regulations.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2804.17 What is a Master Agreement (Cost Recovery Category 5) 
and what information must I provide to the BLM when I request one?
    This rule modifies Sec.  2804.17(a) to change the cross-reference 
from Sec.  2805.16 (currently the table for monitoring fees) to Sec.  
2804.14, which contains the combined cost recovery table for all ROW 
activities.
    One commenter suggested the BLM clarify whether Master Agreements 
are initiated by the BLM or the applicant. A Master Agreement may be 
initiated by either party, but in the end, it is a mutual undertaking. 
The same commenter encouraged the BLM to: (1) allow master cost 
recovery agreements that lay out the terms and conditions for cost 
recovery but do not require funding commitments; (2) allow agreements 
to be developed at a region-wide level; and (3) clarify that only one 
Master Agreement is necessary in situations where the defined 
geographic area for a transmission line would be in more than one BLM 
administrative unit.
    In response to the commenter's suggestions, the BLM revised 
paragraph (a) to clarify that monitoring may be done under Master 
Agreements but elected not to revise the final rule further. See the 
discussion of section 2804.18 for further responses to these comments.
Section 2804.18 What provisions do Master Agreements contain and what 
are their limitations?
    Section 2804.18 describes how Master Agreements function. Paragraph 
2804.18(a)(2) provides that a Master Agreement describes work to be 
done by the applicant and the BLM to complete ROW permitting and 
monitoring activities. A commenter suggested the BLM clarify whether 
Master Agreements are initiated by the BLM or the applicant. The BLM 
elects not to revise the rule in response to this comment, because the 
rule appropriately provides for cooperative development of Master 
Agreements and initiation by either the BLM or the applicant.
    The revisions to paragraph 2804.18(a)(2) allow Master Agreements to 
be used for any type of ROW activity, not just ROW processing. The rule 
revises language in paragraph (a)(5) to align the language with other 
updates in the rule. The BLM believes the expanded use of Master 
Agreements will streamline processing and monitoring activities. Master 
Agreements are designed to consolidate some of the processing and 
monitoring steps associated with ROWs, including combining budgeting 
processes into one project work breakdown structure. Also, many Master 
Agreements fund or partially fund staffing of Realty Specialists and 
other key members of interdisciplinary teams, which can help expedite 
processing when funds are not otherwise available (Sec.  2804.22).
    Section 2804.18(c) is amended to refer to ``cost recovery fees,'' 
instead of ``processing and monitoring fees.'' These changes are 
consistent with the expanded definition of a Master Agreement.
    The final rule includes a new paragraph (a)(9) and redesignates the 
existing paragraph (a)(9) as paragraph (a)(10). This revision is made 
in response to several comments that suggested Master Agreements should 
be written so that they also include previously granted ROWs. This 
addition will clarify that Master Agreements may cover previously 
authorized ROWs.
    The BLM also received a comment requesting the BLM allow master 
cost recovery agreements that lay out the terms and conditions for cost 
recovery but do not require funding commitments. The commenter's intent 
is not clear from this comment. However, the BLM notes that the primary 
purpose of a master cost recovery agreement is to agree upon the 
required cost recovery funding commitments.
    The BLM also received a comment suggesting that the agency allow 
region-wide Master Agreements and Master Agreements that cover more 
than one BLM administrative unit. The current regulations allow Master 
Agreements to cover more than one administrative unit, and the BLM is 
piloting regional-level master ROW's that include master operating 
plans or agreements as well as master cost recovery plans. The BLM 
anticipates providing further guidance on regional-level master ROWs in 
the future.
Section 2804.19 How will the BLM manage my Category 6 project?
    Section 2804.19 is amended by revising the title from ``How will 
BLM process my Processing Category 6 application?'' to read ``How will 
the BLM manage my Category 6 project?'' This section is revised to 
explain that cost recovery for Category 6 projects will include 
monitoring the grant in addition to processing the application. This 
rule also makes editorial changes for clarity and consistency with the 
other rule changes.
    Paragraph 2804.19(a) eliminates the requirement for a work and 
financial plan for some Category 6 applications at the discretion of 
the authorized officer and provides only that the BLM ``may require'' 
such plans. Preparing a work and financial plan takes an average of 6 
months to complete. The preparation of a work and financial plan may 
not be necessary if both the applicant and the BLM authorized officer 
can agree, in writing, on the cost to process the action. This change 
will reduce the time associated with establishing a cost recovery 
account and improve the Category 6 cost recovery process, particularly 
for those actions requiring close to 64 hours.
    In this section, the rule adds a new paragraph (b)(4) and 
redesignates existing paragraphs (b)(4) and (b)(5) as paragraphs (b)(5) 
and (b)(6), respectively. New paragraph (b)(4) states that the BLM may 
collect a deposit before beginning work on a Category 6 project. 
Previously, when an application

[[Page 25931]]

fell under Category 6, it took an average of 6 months to complete the 
details of the agreement, which includes a work and financial plan. The 
communications industry has indicated that when they are charged a 
Category 6 cost recovery fee, the deposit is usually between $11,000 
and $15,000. The advanced collection of a deposit will shorten the time 
for processing an application by allowing the BLM to begin processing 
the application during the 6 months it usually takes to complete a cost 
recovery agreement. If the BLM determines the deposit is not adequate, 
the applicant can prepare a work and financial plan to provide 
additional funds under a cost recovery agreement.
    One commenter expressed support for the proposed rule's provisions 
for collecting a deposit prior to initiating work to process Category 6 
applications and giving discretion to the authorized officer to 
eliminate the requirement for a work and financial plan. The commenter 
further recommended the BLM consider removal of work and financial plan 
requirements entirely for Category 6 applications.
    As in the proposed rule, the final rule modifies this section to 
make work and financial plans discretionary. In many instances such 
plans will no longer be required; however, some more complex ROW 
authorization situations may still require plans, which will benefit 
both the applicant and the BLM. Otherwise, the final rule makes only 
minor, nonsubstantive changes to the version of this section that 
appeared in the proposed rule.
Section 2804.20 How does the BLM determine reasonable costs for 
Category 6 right-of-way activities?
    Section 2804.20 is amended by revising the title from ``How does 
BLM determine reasonable costs for Processing Category 6 or Monitoring 
Category 6 applications?'' to read, ``How does the BLM determine 
reasonable costs for Category 6 right-of-way activities?''
    The rule revises the last sentence in the introductory text of this 
section, which stated, ``While the BLM considers your written analysis, 
the BLM will not process your Category 6 application.'' Under this 
final rule, if the BLM requests additional information, the BLM will 
continue to work on your application while you are responding to our 
request if a deposit has been received by the BLM as provided in Sec.  
2804.19(b)(4). The BLM finds that this approach will lead to more 
efficient ROW processing and monitoring.
    Paragraph (a) of this section describes how the BLM applies the 
factors that inform whether costs are reasonable as articulated in 
Section 304(b) of FLPMA to determine the actual costs owed to the BLM. 
The rule removes the reference to the BLM State Director, and instead 
the provision refers only to the BLM. This does not change how the BLM 
applies the ``reasonableness'' cost factors, and the decision is still 
appealable under Sec.  2801.10. This change improves the cost recovery 
process by enabling the BLM to make the determination regarding 
reasonable costs for a Category 6 cost recovery at the appropriate 
management level based on the BLM's internal delegations of authority 
on a case-by-case basis. The final rule makes no changes to the version 
of this section that appeared in the proposed rule.
Section 2804.21 What other factors will the BLM consider in determining 
cost recovery fees?
    The rule amends this section by revising the title and paragraphs 
(a), (a)(2), and (a)(7) by removing references to ``processing and 
monitoring'' and replacing those references with more general 
references to all ROW activities to which cost recovery applies. This 
change is consistent with the changes described in Sec.  2804.14.
    Paragraph (b) of this section describes how the BLM reviews your 
analysis of the factors for your project to determine the fees owed to 
the BLM. The rule removes the reference to the BLM State Director and 
instead refers only to the BLM.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2804.25 How will the BLM process my application?
    The proposed rule would have amended paragraph (a)(1) of this 
section to add ``unless your fees are exempt.'' The final rule adds 
``unless you are exempt from paying fees,'' which is a slight and 
nonsubstantive change relative to the proposed rule. This clarifying 
edit is necessary because the BLM is not required to identify your cost 
recovery fee if you are exempt from fees.
    The rule redesignates paragraph (c)(2) of this section as paragraph 
(c)(3) and adds a new paragraph (c)(2). Paragraph (c)(2) of this 
section requires an operating plan or agreement for all powerline ROWs. 
Section 512 of FLPMA calls on the BLM to provide ``owners and operators 
of electric transmission or distribution facilities located on public 
lands . . . with the option to develop and submit a plan'' (43 U.S.C. 
1772(c)(1)). Under existing Sec.  2804.25(c), the BLM may require 
applicants to submit a plan of development (POD) for a ROW, as 
necessary. The operating plan or agreement may be included in the POD. 
The BLM generally requires PODs for large projects but believes the 
risk of wildfire associated with powerline ROWs merits an explicit 
requirement. One commenter suggested the BLM revise the proposed rule 
language in Sec.  2804.25(c)(2) to allow applicants to provide a draft 
operating plan or agreement with their application to initiate 
application processing and allow applicants to finalize the plan 
collaboratively with BLM prior to grant issuance. The final rule 
incorporates this suggestion. See Sec.  2805.21(a)(2).
    Paragraph (c)(2) requires all powerline ROW holders to submit an 
operating plan or agreement unless the ROW holder has an approved plan 
that meets the requirements of Sec.  2805.21 or unless the ROW holder 
can show good cause as to why it cannot meet this requirement. Under 
this rule, the BLM relies on its general authority to condition ROW 
grants (43 U.S.C. 1761(b)(1)) upon an applicants' submission of an 
operating plan or agreement for all new powerline ROWs. Applications to 
amend and renew ROWs must follow the same procedures as applications 
for new ROWs and, therefore, would also be subject to a requirement for 
an operating plan or agreement. However, if an applicant already has an 
approved plan that meets the requirements of Sec.  2805.21(c) (``What 
is an operating plan or agreement for electric transmission and 
distribution rights-of-way?''), the applicant will not be required to 
submit a separate plan.
    The rule revises paragraph (d) of this section by changing 
``completed application'' to ``complete application.'' This revision is 
consistent with the addition of that term as a defined term in Sec.  
2801.5. The rule also revises the table in paragraph (d) of this 
section by adding the word ``Master'' in front of the word 
``Agreement.''
    One commenter expressed support for the proposed rule's requirement 
that the BLM notify the applicant in writing if processing a Category 
1-4 application is expected to take longer than 60 days. This is an 
existing BLM requirement that has now been codified in regulation by 
the final rule. See Sec.  2804.25(d). The BLM intends to complete as 
many ROW applications as possible during the 60-day period.

[[Page 25932]]

Section 2804.26 Under what circumstances may the BLM deny my 
application?
    The rule adds a new paragraph (a)(9) which provides that the BLM 
can deny a ROW application when an applicant does not comply with a 
deficiency notice (see Sec.  2804.25(c) of this subpart) within the 
time specified in the notice or with a BLM request for additional 
information needed to process the application.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2804.27 What fees must I pay if the BLM denies my application 
or if I withdraw my application or I relinquish my grant?
    This rule amends Sec.  2804.27 by revising the title to read ``What 
fees must I pay if the BLM denies my application or if I withdraw my 
application or I relinquish my grant?'' This title acknowledges that 
you may have to pay fees following a relinquishment of a grant.
    The rule makes minor revisions to paragraphs (a) and (b) to make 
the language more consistent with language elsewhere in the existing 
regulations and this rule. Paragraph (c) explains how cost recovery 
fees are applied under Category 5 or 6 if a holder relinquishes their 
grant. The holder will be liable for all costs the United States has 
incurred in connection with the grant, including relinquishment of the 
grant. Any outstanding fees will be due to the BLM within 30 days after 
the holder receives the bill. The holder will be refunded the amount of 
fees paid that the BLM does not use to process the holder's grant. This 
new paragraph is consistent with existing BLM practice, but it is 
necessary to clarify and make explicit in regulation the process for 
relinquishing a grant and explain to holders what is required of them.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Subpart 2805--Terms and Conditions of Grants
Section 2805.11 What does a grant contain?
    The rule adds a new paragraph (b) to Sec.  2805.11 to provide that 
grants will include access (ingress and egress) rights to a ROW. The 
rule redesignates existing paragraphs (b) and (c) as paragraphs (c) and 
(d), respectively. Many ROWs need access to and from the ROW from 
outside the boundaries of the ROW for operations and maintenance. The 
rule adds an explicit requirement for the authorized officer to include 
rights of ingress and egress in the grant. Prior to 2005, the 
regulations had included similar provisions for ingress and egress.
    The BLM has re-introduced these provisions to address the need for 
grants to include explicit provisions for continued access throughout 
the term of the grant. While most projects include authorization for 
temporary access for initial construction, if those temporary access 
rights expire, then access for future operations and maintenance 
requires an additional authorization. The requirement to include these 
rights of ingress and egress in the grant will ensure that the holder 
can engage in timely and efficient operation and maintenance of the 
grant.
    The BLM may charge rent appropriate to the nature of these access 
routes outside the ROW boundary. For instance, where ROW access is 
facilitated by existing routes that are open to public use, rent likely 
would not be appropriate. By contrast, the BLM may charge rent for 
newly constructed roads or overland travel to authorized ROWs on public 
lands. See the preamble discussion of the revisions to Sec.  
2806.15(b)(3) for more information.
    Three commenters expressed support for the proposed rule's 
requirement that grants include both ingress and egress access to ROWs, 
but these commenters asked for additional language to: (1) clarify that 
the provision regarding ingress and egress will not result in double 
cost recovery where access rights are already covered by the 
authorization; (2) allow for a broad range of access rights, including 
overland travel; and (3) recognize secondary rights of ingress and 
egress and limit ingress and egress to routes that cross BLM parcels.
    Another commenter recommended the BLM modify the proposed rule 
language to allow alternate routes and emergency overland travel when 
primary routes are impassible or closed to avoid resource damage.
    With respect to the first three commenters' suggestions, the final 
rule does not make any changes to the regulatory text. Under that the 
final rule: (1) for minor category cost recovery calculations, the BLM 
will ensure that there is not double counting of costs if there is 
already existing access to a ROW; (2) alternative access rights may be 
provided; however, unlimited overland travel must be approved by the 
BLM local office because of potential damage to resource values; and 
(3) the BLM will recognize valid secondary rights; however, the BLM can 
only authorize access over public lands, as the BLM has no authority to 
authorize access over private lands for ROW purposes. It will be the 
responsibility of the potential ROW holder to secure any necessary 
access across private land. The last commenter's recommendation to 
allow alternate routes and emergency overland travel when primary 
routes are impassible or closed to avoid resource damage may also be 
covered by terms and conditions developed for a ROW grant. However, 
there may be limitations on determining alternate routes due to 
potential damages to resource values if some alternative routes were to 
be allowed.
    Another commenter requested that the BLM revise the proposed rule 
language to streamline the notice for access road maintenance outside 
of the ROW. The BLM elected not to revise the rule in response to this 
comment as authorization of access outside the ROW is subject to NEPA 
and NHPA, so it must be reviewed on a case-by-case basis to determine 
if the proposed access outside the ROW would impact other resource 
values. One option to address the commenter's concern would be for the 
BLM and the applicant to develop terms and conditions in the ROW to 
identify maintenance requirements and procedures outside the ROW.
    A commenter also requested the BLM assist utilities with 
coordinating road maintenance plans in an equitable manner for roads 
with multiple users, including the BLM. The BLM elected not to revise 
the final rule to address the commenter's request to coordinate road 
maintenance agreements between multiple users. The BLM requires ROW 
holders to enter into road maintenance agreements with other ROW 
holders using the same roads. The road maintenance agreements are 
contracts between private entities that determine among themselves the 
best way to allocate costs and responsibilities for shared-road 
maintenance. The BLM is not involved in the contract negotiations 
between the private parties but does provide information to ROW 
applicants regarding other road users with whom the applicant will need 
to work to establish the required road maintenance agreement.
    Having considered these and other comments, the final rule makes no 
changes to the version of this section that appeared in the proposed 
rule.
Section 2805.12 With what terms and conditions must I comply?
    Former paragraph (a)(4) of this section required holders to do 
everything reasonable to prevent and suppress wildfires on or within 
the immediate

[[Page 25933]]

vicinity of the ROW. The language has been changed from ``immediate 
vicinity of the ROW'' to ``adjacent to the ROW'' to be consistent with 
the rule's revision of the definition of ``substantial deviation.''
    Paragraph 2805.12(a)(8)(vi) requires holders to ensure that they 
construct, operate, maintain, and terminate facilities in accordance 
with the authorization, including the approved POD. This rule expands 
that provision to extend to any operating plan or agreement developed 
under the new section 512 of FLPMA and these regulations.
    Paragraphs 2805.12(c)(5) and (d)(3) are revised to provide that 
conditions associated with damaged and abandoned facilities that 
threaten human health or safety are not subject to the existing 
requirement that the BLM wait 3 months before requiring the holder to 
act. The BLM has experienced situations where grant holders create 
human health and safety hazards by abandoning facilities and equipment 
within their authorized ROW. If a holder's use is posing a health or 
safety hazard to the public, per the rule, the BLM is empowered to 
address it immediately.
    One commenter recommended the BLM revise Sec.  2805.12(a)(4) to 
clarify that utilities retain discretion to determine what fire 
prevention actions they will carry out in, or adjacent to, the ROW. 
Another commenter stated that the BLM should eliminate language in the 
proposed rule that would tie fire suppression actions to ROW grants.
    A utility's fire prevention actions will be provided in the 
operating plan or agreement, as approved by the BLM. This final rule 
does not eliminate language that ties fire suppression actions to the 
ROW because they are important terms and conditions with which a 
utility must comply to protect other public land resource values and 
human health and safety.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2805.14 What rights does a grant provide?
    The rule revises the title from ``What rights does a grant 
convey?'' to ``What rights does a grant provide?'' to eliminate any 
implication that a grant gives ownership rights.
    The final rule revises Sec.  2805.14(b) for clarity. Paragraph (b) 
already requires BLM authorization before a grant holder may ``allow 
other parties'' to use a facility. As revised, the regulation will 
refer to this practice explicitly as ``subleasing.'' The revision will 
also align with the language in this section with that in new Sec.  
2865.14(b) providing consistency between the regulations governing 
communications uses and those governing all other uses. This change was 
not included in the proposed rule.
    The rule revises Sec.  2805.14(d) by removing the word ``minor'' 
from the description of permissible trimming, pruning, and removal of 
vegetation and by adding an allowance to undertake those activities to 
``protect public health and safety.'' The term ``minor'' has caused 
confusion for the holders and is imprecise. These revisions provide the 
necessary detail for the ROW holder to determine what vegetation 
management they can and must do to operate and maintain their ROW or 
facility, including what does and does not constitute a substantial 
deviation.
    Several commenters suggested changes to Sec.  2805.14(d) to make it 
broader or to make it narrower. One commenter suggested the BLM amend 
Sec.  2805.14(d) to allow, in addition, for ``operations and 
maintenance activities.'' One commenter stated that the BLM should 
revise the proposed rule language to clarify that vegetation management 
to maintain the ROW includes the right to cut or trim off-ROW 
vegetation when the utility determines it is necessary as part of its 
vegetation management program. One commenter expressed concern that 
proposed revisions to Sec.  2805.14(d) could result in adverse impacts 
to other land users and the environment and recommended the BLM modify 
Sec.  2805.14(d) to add a caveat that permissible action would be 
undertaken as defined in the projects' operating plans or agreements.
    See the preamble discussion of Sec.  2801.5 for additional 
discussion of comments regarding the appropriate scope of ``vegetation 
management'' under these regulations. This final rule retains the 
language in Sec.  2805.14(d) but revises the definition of hazard tree 
to be consistent with the USFS definition. The USFS definition provides 
more context for the type of vegetation and defines a hazard tree as: 
[l]ikely to cause substantial damage to the powerline facility; disrupt 
powerline facility service; come within 10 feet of the powerline 
facility; or come within the minimum vegetation clearance distance as 
determined in accordance with applicable reliability and safety 
standards and as identified in the special use authorization for the 
powerline facility and the associated approved operating plan or 
agreement (36 CFR 251.51). This definition explains what work can be 
done outside of the holder's ROW to maintain it. The final rule makes 
no changes to the version of paragraph (d) that appeared in the 
proposed rule.
    Section 2805.14(e) is revised to allow the holder to use vegetation 
removed during maintenance of the ROW. The use of existing vegetation 
will reduce non-native species intrusion and expedite maintenance by 
the holder. The paragraph is also revised to align with FLPMA's 
statutory provision that stone, soil, or vegetation may be used only if 
any necessary authorization to remove or use such materials has been 
obtained pursuant to applicable laws (43 U.S.C. 1764(f)). The final 
rule makes no changes to the version of paragraph (e) that appeared in 
the proposed rule.
Section 2805.15 What rights does the United States retain?
    This rule rephrases paragraph (a) of this section to address the 
nature of the BLM's need for access to the lands and facilities covered 
by an authorization. Some authorizations may be for the use of a 
facility, while others would be for use of an area on the public lands. 
The rule retains the requirement to provide the BLM access to and 
within the lands or facilities.
    Section 2805.15(e) adds language to clarify that after a grant is 
executed, any modification of its terms and conditions generally 
requires the BLM to issue a new or amended ROW grant. The BLM conducts 
analyses, including under NEPA, before issuing a grant, and any changes 
to the terms or conditions of a grant will require the BLM to undergo a 
new decision-making process. Any such new decision must comply with 
applicable laws, including NEPA, and may require the BLM to complete a 
new environmental analysis, use an existing environmental analysis, or 
rely on a categorical exclusion.
    Under paragraph (f) of this section, the BLM can terminate an 
authorization for non-compliance. Section 2805.12 describes the terms 
and conditions that a grant holder must comply with and provides that 
the BLM can terminate a grant for non-compliance. This paragraph 
reinforces this potential outcome.
    Under paragraph (g) of this section, the BLM can require a holder 
to submit financial documents related to a holder's authorization. This 
addition is consistent with the requirements of existing Sec.  
2805.12(a)(15).
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.

[[Page 25934]]

Section 2805.16 If I hold a grant, what cost recovery fees must I pay?
    The rule amends Sec.  2805.16 by changing the word ``monitoring'' 
in the title to ``cost recovery'' such that the title reads, ``If I 
hold a grant, what cost recovery fees must I pay?'' The section is also 
amended by revising paragraph (a), adding a new paragraph (b), revising 
current paragraph (b), and redesignating it as paragraph (c).
    As previously discussed, the rule removes the monitoring cost 
recovery fee table formerly located under Sec.  2805.16(a). The rule 
also adds a sentence referring the reader to Sec.  2804.14(b), where 
they can find the cost recovery table.
    Under new Sec.  2805.16(b), the cost recovery fee schedule for 
Categories 1 through 4 will be updated on an annual basis based on the 
previous year's change in the IPD-GDP, and the fees for Category 5 will 
be updated according to a given project's Master Agreement.
    Section 2805.16(c), which contains the provisions of former Sec.  
2805.16(b), explains where to obtain a copy of the current year's cost 
recovery fee schedule. The rule provides updated contact information 
for the holder to request the schedule from the BLM's Division of 
Lands, Realty and Cadastral Survey.
    One commenter stated that proposed revisions to the Category 1 
processing fee that includes monitoring fees for work estimated to take 
1 hour or less should be eliminated because the change is contrary to 
both FLPMA and the MLA and would create a financial burden to industry. 
This comment is similar to a comment on Sec.  2804.14. Please see the 
response above in the discussion of Sec.  2804.14.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2805.21 What is an operating plan or agreement for electric 
transmission and distribution and other rights-of-way?
    Section 2805.21 codifies many of the provisions of Section 512 of 
FLPMA into the BLM's regulations. Section 512(c) of FLPMA describes the 
requirements for facility inspection, operations and maintenance, and 
vegetation management plans. Section 2805.21 describes the requirements 
for operating plans or agreements, which are consistent with the 
requirements of the plans described in Section 512 of FLPMA.
    Under Sec.  2804.25(c)(2) of the rule, and as reflected in 
paragraph (a)(1), operating plans or agreements are required for all 
new, renewed, or amended electric transmission and distribution ROWs. 
In addition, under paragraph (a)(2), such plans may be submitted to the 
BLM on a voluntary basis by holders of existing electric transmission 
and distribution ROWs. Operating plans or agreements may be 
advantageous to both the BLM and the ROW holder by better defining 
authorized activities, schedules for maintenance, and wildfire risk 
reduction measures, and by introducing limits on a ROW holder's 
liability under the specific circumstances described in this section.
    Paragraph (b) of this section refers to the Electric Reliability 
Organization (ERO) standards and provides that those standards may be 
incorporated into operating plans or agreements developed under this 
section. The Energy Policy Act of 2005 created the ERO: an independent, 
self-regulating entity that enforces mandatory electric reliability 
rules on all users, owners, and operators of the nation's transmission 
system. The North American Electric Reliability Corporation (NERC) 
develops and enforces reliability standards for North America and is 
the ERO. NERC reliability standards define the reliability requirements 
for planning and operating the North American bulk power system. These 
standards apply only to holders who are part of a bulk power system, 
and holders subject to these standards may incorporate them into their 
operating plan or agreement. The ERO reliability standards developed by 
NERC are requirements the holder must meet for operating and 
maintaining the ROW and facility, such as frequency of inspections and 
minimum distance of vegetation clearances from powerlines. 
Incorporating these industry-wide standards into the operating plan or 
agreement will help to provide consistency between NERC standards and 
the plans submitted to the BLM and USFS.
    Two commenters requested that the BLM revise Sec.  2805.21(b) to 
recognize that: (1) utilities do not manage to the NERC-defined minimum 
vegetation clearance distance; instead, their goal is to avoid any 
possibility of encroachment; and (2) vegetation management strategies 
must respond to all operating conditions. They recommended that, when 
referring to reliability standards, the rule should indicate that the 
statutory term ``disruption'' can include things such as arcing 
potential and that compliance with the reliability standards requires 
vegetation be cleared to a MVCD plus X feet safety zone (with X being 
defined by the utility). Similarly, one commenter suggested the BLM 
revise the proposed rule language to clarify that the utility, not the 
BLM, is responsible for choosing the vegetation clearance distances and 
the management strategies it will employ to assure vegetation will not 
encroach on MVCD or violate reliability standards under any operating 
conditions.
    This final rule retains the proposed language in Sec.  2805.21(b) 
but revises the definition of a hazard tree to be consistent with the 
USFS's definition. The USFS definition extends to vegetation that is 
dead or likely to die or fail and ``come[s] within the MVCD as 
determined in accordance with applicable reliability and safety 
standards and as identified in the special use authorization for the 
powerline facility and the associated approved operating plan or 
agreement.'' The BLM further incorporated the USFS definition of MVCD 
which addresses the prevention of flashover. Approved operating plans 
or agreements will address any safety zones needed by the ROW holder.
    Paragraph (c) of this section describes the requirements for 
operating plans or agreements, consistent with Section 512(c) of FLPMA 
and with the USFS final rule implementing Section 512. Under paragraph 
(c)(1) of this section, operating plans or agreements must identify the 
applicable facilities to be maintained.
    Two commenters requested the BLM integrate NERC standards and 
definitions into BLM operating plans and agreements and powerline 
authorizations and avoid implementing any standards or requirements 
that could cause conflict with the NERC standards. One commenter 
further requested the BLM provide regulatory guidance to assist agency 
staff in understanding these reliability standards.
    The BLM does not believe these changes are necessary. Operating 
plans or agreements will be developed collaboratively with the ROW 
applicant, which will allow the applicant to submit provisions that are 
NERC compliant. Also, the BLM intends to incorporate reliability 
standards and regulatory guidance into staff training, which is a more 
appropriate venue for communicating industry standards.
    Paragraph (c)(2) of this section requires an operating plan or 
agreement to account for the holder's own operations and maintenance 
plans for the applicable facilities. Many ROW holders have existing, 
internal plans for

[[Page 25935]]

their operations and maintenance that they have not previously been 
required to submit to the BLM for approval, including those who must 
comply with ERO standards. The holder may be able to submit these 
existing internal plans to satisfy the BLM's requirements for operating 
plans or agreements. A holder would not need to submit a new operating 
plan or agreement if their existing plan or agreement meets the 
requirements of this section.
    Paragraph (c)(3) of this section requires that a plan describe how 
a holder will operate and maintain a ROW and facility, including for 
vegetation management. These operations, maintenance, and fire 
prevention methods may be those required to comply with applicable law, 
including fire prevention measures, safety requirements, and 
reliability standards established by the ERO. While the ERO describes 
the standards that must be met, the holder must describe in the 
operating plan or agreement how they plan to meet those standards.
    Under paragraph (c)(4) of this section, an operating plan or 
agreement must include schedules for a holder to notify the BLM about 
non-emergency maintenance, including when they must seek approval from 
the BLM and when the BLM must respond to that request. Non-emergency 
maintenance is further discussed in the preamble discussion of Sec.  
2805.22.
    Four commenters requested the BLM revise Sec.  2805.21(c)(4)(ii) to 
clarify that routine maintenance activities do not require approval by 
the BLM if they are part of an approved plan.
    The scope of routine maintenance that will require subsequent 
approval will be determined on a case-by-case basis and will be 
described in each individual operating plan or agreement. The final 
rule was not changed in response to these comments as the rule already 
contains provisions to this effect.
    Paragraph (c)(5) of this section requires that an operating plan or 
agreement describe processes for identifying changes in conditions and 
modifying the approved operating plan or agreement, if necessary. 
Either the BLM or holder can determine that the conditions in the ROW, 
which may include environmental or accessibility conditions, have 
changed. The operating plan or agreement must describe how the BLM and 
the ROW holder will communicate and initiate any necessary plan 
modifications. Communications between BLM and the ROW holder are 
discussed further in paragraph (e) of this section.
    Paragraph (c)(6) of this section requires that the operating plan 
or agreement provide for removal and disposal of cut trees and 
branches, including plans for sale of forest products. One commenter 
requested that the BLM modify Sec.  2805.21(c)(6) to replace the phrase 
``removal and disposal'' with the word ``disposition'' to describe what 
a holder must do with cut trees and branches. The BLM agrees with this 
comment and the final rule includes the suggested change.
    Several commenters stated that the BLM should further modify the 
proposed rule language to clarify the requirements for operating plans 
or agreements. In response, the BLM revised Sec.  2805.21(c)(3) to 
clarify that an operating plan or agreement must include vegetation 
management, inspection, operation and maintenance, and fire prevention 
plans. Further revision of this section was not necessary as other 
provisions provide sufficient clarity.
    Under paragraph (d) of this section and consistent with Section 
512(c)(4)(A) of FLPMA, the BLM will, to the extent practicable, review 
and approve an operating plan or agreement within 120 days of receiving 
the plan or agreement. Two commenters suggested that the BLM modify 
proposed rule language to clarify: (1) that the 120-day review period 
for an operating plan or agreement begins when the applicant submits a 
completed application as defined in the Proposed Rule; (2) that 
requests for additional information during the review process 
(including response time from the applicant and the incorporation of 
additional applicant responses) would not pause the 120-day review 
timeframe; and (3) how compliance and consultation requirements under 
applicable environmental laws, including the NEPA, Endangered Species 
Act, and NHPA, will be handled, either within the 120-day review 
timeframe or after plan approval but prior to commencement of on-the-
ground activities.
    For a renewal application, the 120-day period will start upon 
receipt and acknowledgement of a complete application with a compliant 
operating plan or agreement. For a new application or amendment to an 
existing ROW, the 120-day period will start upon granting the ROW. 
Compliance and consultation requirements under applicable environmental 
laws, including the NEPA, Endangered Species Act, and NHPA, will be 
addressed prior to the BLM granting a new or amended ROW. For an 
existing ROW with no Federal action needed, the 120-day period will 
start upon the receipt of a compliant operating plan or agreement. Any 
operating plan or agreement will be approved, to the maximum extent 
practicable, within the statutory 120-day period with the understanding 
that factors such as the time it takes an applicant to respond to a 
request for additional information, the number of proposed operating 
plans and agreements under review by an authorized officer, and the 
number of powerline facilities covered under a single operating plan or 
agreement may affect the practicability of approving a proposed 
operating plan or agreement within 120 days.
    Paragraph (e) of this section provides that, when an operating plan 
or agreement requires modifications, the BLM will provide advance 
reasonable notice to a holder that a modification is necessary, 
following which the holder must submit the proposed modification to the 
BLM. The BLM will, to the maximum extent practicable, review and 
approve the proposed operating plan or agreement modification in the 
same 120-day timeframe that applies to approval of new plans. This 
timeframe is consistent with the requirements of Section 512 of FLPMA.
    Under paragraph (e)(4) of this section, a holder may, while a 
proposed plan modification is pending approval, continue to operate and 
maintain the ROW or facility in accordance with the approved operating 
plan or agreement, as long as the activity does not adversely affect 
the identified condition that necessitates the plan modification. 
Although a plan modification may be required, the BLM does not intend 
for operations and maintenance to be unnecessarily delayed in other 
areas of the ROW that are not impacted.
    Paragraph (f) of this section provides that certain holders may 
enter into an agreement with the BLM in lieu of an operating plan. An 
agreement must contain the same general requirements described in this 
section. Agreements need to include schedules, as described in 
paragraph (c)(4) of this section and are subject to the same 
modification requirements of paragraph (e) of this section.
    Paragraph (g) of this section describes the criteria that a holder 
must meet to be eligible to enter into an agreement. A holder may enter 
into an agreement with the BLM if they are not subject to the ERO 
reliability standards or if they sold less than 1,000,000 megawatt 
hours of electric energy for purposes other than resale during each of 
the 3 calendar years prior to enactment of Section 512 of FLPMA. These 
eligibility requirements are established by Section 512(d)(1) of FLPMA 
and generally apply to rural electric cooperatives and other

[[Page 25936]]

small entities. Section 512(d)(2)(A) of FLPMA requires the Secretary to 
ensure that the minimum requirements of these agreements ``reflect the 
relative financial resources of the applicable owner or operator 
compared to other owners or operators of an electric transmission or 
distribution facility.''
    One commenter stated that the BLM should cite Title XII, Section 
215 of the Energy Policy Act as a related law in this section. The BLM 
does not believe this change is necessary since Sec.  2801.9(b) refers 
to the Federal Power Act of 1935, which would include any subsequent 
amendments to the 1935 Act, such as Title XII of the Energy Policy Act.
    Several commenters requested that the BLM establish a standardized 
notice and approval process for ROW processing as the USFS has. The BLM 
worked closely with the USFS as the USFS developed its policy 
surrounding FLPMA Section 512. The BLM intends to provide further 
clarification to ROW applicants through policy and to develop new 
templates and review existing templates that can be used to expedite 
processing of ROWs.
    Two commenters also proposed a new NEPA categorical exclusion for 
vegetation management as follows:
    Approval of operating plan or agreements, and activities conducted 
in accordance with an approved operating plan under a right-of-way 
grant for an electric transmission and distribution facility.
    Conversely, two commenters expressed concern that operating plans 
or agreements could have extraordinary circumstances or impacts outside 
the ROW and should not automatically be subject to a categorical 
exclusion.
    The BLM appreciates the suggestion of new categorical exclusions 
and may pursue this avenue. The BLM must work with the Council on 
Environmental Quality and possibly others to establish a new 
categorical exclusion, and doing so is beyond the scope of this 
rulemaking. The BLM will consider using a categorical exclusion when 
appropriate. The BLM must review for the presence of extraordinary 
circumstances on every project that may be categorically excluded.
    One commenter indicated that the proposed rule should cover only 
``green'' energy projects. The BLM has the responsibility to process 
all applications and manage all grants consistently. For consistent 
land management, the BLM will not change the rule to cover only 
``green'' projects.
    Three commenters requested the BLM modify the proposed rule to 
include Master Agreement language or templates to establish a master 
permit and agreement process for operating plans or agreements at the 
state office level that can be implemented by operators and BLM field 
offices.
    The BLM did not revise the language in the proposed rule in 
response to these comments as the agency is addressing these requests 
through a pilot master operations and maintenance and consolidation 
program in the BLM California State Office. The BLM hopes to duplicate 
this program in other states. The BLM anticipates developing policies 
at the national level that would then be adopted at the BLM state level 
and adjusted as needed for each state.
    In all, the final rule includes only minor, nonsubstantive changes 
to the version of this section that appeared in the proposed rule.
Section 2805.22 Special Provisions for Vegetation Management for 
Electric Transmission and Distribution Rights-of-Way
    Section 2805.22 provides that ROW holders can conduct vegetation 
management related activities and distinguishes between emergency and 
non-emergency conditions. This section implements the requirements of 
Section 512(c) and (e) of FLPMA.
    Paragraph (a) of this section identifies the conditions that are 
considered Emergency Conditions and what the holder is allowed to do 
during Emergency Conditions without immediate notification to the BLM. 
An Emergency Condition exists when one or more hazard trees have 
contacted, or present an imminent danger of contacting, an electric 
transmission or distribution line. The rule specifies that this threat 
can arise from a hazard tree within or adjacent to a transmission line 
ROW. Under paragraph (a)(1) of this section, holders may prune or 
remove the hazard tree to avoid the disruption of electric service and 
to eliminate immediate fire and safety hazards. Paragraph (a)(2) 
requires the holder to notify the BLM within one calendar day after 
taking any such action.
    One commenter recommended the BLM revise Sec.  2805.22(a) to 
clarify that the grant holder has discretion as to what vegetation 
poses an imminent danger of contacting a transmission line or is an 
immediate fire and safety hazard. This commenter noted that emergencies 
may involve issues other than just vegetation in imminent threat to 
contact a line. They also requested that the one-day emergency 
notification requirement be clarified to mean within 1 business day of 
the action.
    The BLM understands that there are emergencies other than 
vegetation issues, and this rule does not preclude holders from 
addressing those emergencies. This rule implements Section 512 of 
FLPMA, which addresses vegetation management. Therefore, the 
emergencies anticipated under this rule should only apply to vegetation 
management. The BLM believes that the grant holder has discretion as to 
what vegetation must be trimmed or pruned under Section 512 of FLPMA 
and these implementing regulations. The BLM will maintain a one-day 
emergency notification requirement, regardless of whether that one day 
is a business day, because emergencies require immediate resolution.
    Paragraph (b) of this section identifies Non-Emergency Conditions 
for which the holder of a powerline ROW can conduct vegetation 
management activities. The holder must conduct activities in accordance 
with the terms and conditions of the ROW grant, Sec. Sec.  
2805.12(a)(4) and 2805.14(d), and any BLM-approved operating plan or 
agreement.
    Paragraph (b)(1) of this section provides when a holder needs to 
request approval to conduct vegetation management activities. Under 
paragraph (b)(1)(i), a holder must seek approval from the BLM if the 
operating plan or agreement specifically requires prior approval. Prior 
approval for an activity may be required in an operating plan or 
agreement if the activity could have cultural or environmental impacts.
    Prior approval is required under paragraph (b)(1)(ii) of this 
section if the activity is not described in an approved operating plan 
or agreement. Paragraph (b)(2) of this section provides that if the BLM 
does not respond to a request within the timeframe described in an 
approved operating plan or amendment, and the vegetation management 
activity is consistent with the holder's approved operating plan or 
amendment, a holder may proceed with the vegetation treatment 
activities. This provision will help ensure that holders can undertake 
necessary vegetation management activities to further support the goals 
of reducing fire risk.
    Holders who do not have a BLM-approved operating plan or agreement 
will not be affected by paragraphs (b)(1) or (b)(2) of this section. 
Holders of ROWs in effect as of the effective date of this final rule 
will not have an operating plan or agreement until they amend or renew 
their ROW grant, or until they voluntarily submit an operating plan or 
agreement for approval.

[[Page 25937]]

    The terms and conditions of some existing grants do not 
sufficiently describe the vegetation management activities that a 
holder may take. In the absence of an operating plan or agreement, 
holders will be required to comply with the terms and conditions of the 
grant and Sec. Sec.  2805.12(a)(4) and 2805.14(d). Even when not 
required, holders will be encouraged to submit operating plans or 
agreements for existing ROWs to the BLM to improve coordination 
regarding vegetation management and wildfire risk reduction.
    Paragraph (c) of this section mirrors Sec.  2805.12(a)(4) but adds 
specific examples of reasonable actions that can be taken by the 
holder, including pruning or removal of vegetation and cooperating with 
the BLM to investigate fires.
    One commenter asked the BLM to update ePlanning pages to disclose 
maintenance activities or public land closures associated with 
vegetation management. The BLM believes that ePlanning is not the 
appropriate venue for tracking vegetation management requests but is 
exploring alternative options for consolidation and disclosure of 
vegetation management requests consistent with FLPMA Section 512(h).
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Subpart 2806--Annual Rents and Payments
Section 2806.13 What happens if I do not pay rents and fees or if I pay 
the rents or fees late?
    In Sec.  2806.13(e), the rule eliminates limiting conditions on the 
BLM's ability to collect uncollected or undercollected rent, which 
under the existing regulation only extends to cases in which there is a 
clerical error, an adjustment to rental schedules, or an omission or 
error in complying with terms and conditions. The BLM can now collect 
any rents and fees due to the United States.
    New Sec.  2806.13(h), explicitly provides that rent is due 
regardless of whether a courtesy bill has been sent or received. This 
addition clarifies current BLM practice to the public.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2806.14 Under what circumstances am I exempt from paying rent?
    In Sec.  2806.14(a)(4), the provisions governing communications 
sites are deleted. The exemptions described in Sec.  2866.14(b) 
encapsulate the language that has been removed from Sec.  2806.14.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2806.15 Under what circumstances may BLM waive or reduce my 
rent?
    The BLM has received feedback from customers about inconsistencies 
in how BLM approves waivers or reductions in rent. Therefore, Sec.  
2806.15(b) clarifies that a BLM State Director is the authorizing 
official with respect to rental reductions and waivers.
    Under former paragraph (b)(3) of this section, the BLM could not 
reduce or waive rent if a holder has a ROW in connection with the grant 
at issue for which the United States receives compensation. The final 
rule rewrites that provision to allow for a reduction or waiver of rent 
if a holder's grant describes the use of existing routes outside of the 
ROW that are used to access the ROW. These revisions are consistent 
with Sec.  2805.11(b), which requires a grant to include and identify 
new and/or existing routes that would be used for ingress and egress. 
The BLM will charge rent appropriate to the nature of these access 
routes. For instance, where ROW access is facilitated by existing 
routes that are open to public use, rent would likely not be 
appropriate. By contrast, the BLM will charge appropriate rent for 
roads to ROWs on public lands newly constructed by a holder. See the 
preamble discussion of Sec.  2805.11 for more information.
    Existing Sec.  2806.15(c) has been redesignated as Sec.  
2806.15(b)(5) and revised to maintain consistency with the edits made 
in Sec.  2806.15(b). With the added reference to the BLM State Director 
in paragraph (b) of this section, it is appropriate to redesignate 
existing paragraph (c) as paragraph (b)(5). Waiving or reducing rent 
under paragraphs (b)(1) through (b)(5), as revised by this rule, will 
be at the discretion of the BLM State Director. This revision is 
consistent with existing BLM practice.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2806.20 What is the rent for a linear right-of-way grant?
    Paragraph (c) of this section is revised to update the contact 
address of the BLM and highlight availability of the Per Acre Rent 
Schedule on the BLM website.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Sections 2806.30 Through 2806.44
    The rule removes Sec. Sec.  2806.30 through 2806.44, including the 
header ``COMMUNICATION SITE RIGHTS-OF-WAY'' that had preceded Sec.  
2806.30. Many of the requirements of these sections are now set out in 
new part 2860, which consolidates all requirements for communications 
uses. Any substantive changes to those requirements are discussed in 
the sections of this preamble focused on new part 2860. The following 
table shows where the requirements of existing Sec. Sec.  2806.30 
through 2806.44 can be found in this rule.

                                                    Table 2--Former Subpart 2806 vs. New Subpart 2866
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               New section 2866 based on or moved from former section 2806
---------------------------------------------------------------------------------------------------------------------------------------------------------
              Former section                                Former title                     New section                     New title
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Subpart 2806                           Annual rents and payments             Subpart 2866             Annual rents and payments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Moved from Sec.   2806.30................  What are the rents for communication site       Sec.   2866.30  What are the rents for Communications Uses?
                                            rights-of-way?
Moved from Sec.   2806.31................  How will BLM calculate rent for a right-of-way  Sec.   2866.31  How will the BLM calculate rent for
                                            for communication uses in the schedule?                         Communications Uses in the schedule?
Moved from Sec.   2806.32................  How does BLM determine the population strata    Sec.   2866.32  How does the BLM determine the population
                                            served?                                                         strata served for your facility?

[[Page 25938]]

 
Moved from Sec.   2806.33................  How will BLM calculate the rent for a grant or  Sec.   2866.33  How will the BLM calculate the rent for a
                                            lease authorizing a single use communication                    single use communication facility grant?
                                            facility?
Moved from Sec.   2806.34................  How will BLM calculate the rent for a grant or  Sec.   2866.34  How will the BLM calculate the rent for a
                                            lease authorizing a multiple-use                                multiple-use communication facility grant?
                                            communication facility?
Moved from Sec.   2806.35................  How will BLM calculate rent for private mobile  Sec.   2866.35  How will the BLM calculate rent for private
                                            radio service (PMRS), internal microwave, and                   mobile radio service (PMRS), internal
                                            ``other'' category users.                                       microwave, and ``other'' category uses?
Moved from Sec.   2806.36................  If I am a tenant or customer in a facility,     Sec.   2866.36  If I am a tenant or customer in a facility,
                                            must I have my own grant or lease and if so,                    must I have my own grant and if so, how will
                                            how will this affect my rent?                                   this affect my rent?
Moved from Sec.   2806.37................  How will BLM calculate rent for a grant or      Sec.   2866.37  How will the BLM calculate rent for a grant
                                            lease involving an entity with a single use                     involving an entity with a single use
                                            (holder or tenant) having equipment or                          (holder or tenant) having equipment or
                                            occupying space in multiple BLM-authorized                      occupying space in multiple BLM-authorized
                                            facilities to support that single use?                          facilities to support that single use?
Moved from Sec.   2806.38................  Can I combine multiple grants or leases for     Sec.   2866.38  Can I combine multiple grants for facilities
                                            facilities located on one site into a single                    located at one site into a single grant?
                                            grant or lease?
Moved from Sec.   2806.39................  How will BLM calculate rent for a lease for a   Sec.   2866.39  How will the BLM calculate rent for a grant
                                            facility manager's use?                                         for a facility manager's use?
Moved from Sec.   2806.40................  How will BLM calculate rent for a grant or      Sec.   2866.40  How will the BLM calculate rent for an
                                            lease for ancillary communication uses                          authorization for ancillary Communications
                                            associated with communication uses on the                       Uses associated with Communications Uses on
                                            rent schedule?                                                  the rent schedule?
Moved from Sec.   2806.41................  How will BLM calculate rent for communication   Sec.   2866.41  How will the BLM calculate rent for
                                            facilities ancillary to a linear grant or                       communications facilities ancillary to a
                                            other use authorization?                                        linear grant or other use authorization?
Moved from Sec.   2806.42................  How will BLM calculate rent for a grant or      Sec.   2866.42  How will the BLM calculate rent for
                                            lease authorizing a communication use within                    Communications Uses within a federally owned
                                            a federally-owned communication facility?                       communications facility?
Moved from Sec.   2806.43, but the terms   How does BLM calculate rent for passive         Sec.   2866.43  How does the BLM calculate rent for passive
 would be moved to Sec.   2861.5.           reflectors and local exchange networks?                         reflectors and local exchange networks?
Moved from Sec.   2806.44................  How will BLM calculate rent for a facility      Sec.   2866.44  How will the BLM calculate rent for a
                                            owner's or facility manager's grant or lease                    facility owner's or facility manager's grant
                                            which authorizes communication uses?                            which authorizes Communications Uses?
--------------------------------------------------------------------------------------------------------------------------------------------------------

Section 2806.52 Rents and Fees for Solar Energy Development Grants
    This section revises paragraphs (a)(6) and (b)(2) to update the 
contact address of the BLM and highlight availability of the current 
solar energy acreage rent schedule and the current MW rate schedule for 
solar energy development on the BLM website.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2806.62 Rents and Fees for Wind Energy Development Grants
    The proposed rule proposed revisions to paragraphs (a)(7) and 
(b)(2) to update the contact address of the BLM and highlight 
availability of the current wind energy acreage rent schedule and the 
current MW rate schedule for wind energy development on the BLM 
website. However, the BLM intends to address this in a separate 
rulemaking. Therefore, this portion of the proposed rulemaking is not 
carried forward in this final rule.
Subpart 2807--Grant Administration and Operation
Section 2807.10 When can I start activities under my grant?
    One commenter stated that the BLM should modify Sec.  2807.10 in 
the rule to clarify when a grantee may start activities under a grant. 
More specifically, they stated that this provision should be revised to 
clarify that it only applies to activities requiring a Notice to 
Proceed in approved operating plans. This discussion is outside the 
scope of the proposed rule and would require a full rulemaking process 
to address it. Therefore, the BLM will not address this comment in this 
final rule, and the final rule makes no changes to Sec.  2807.10.
Section 2807.12 If I hold a grant, for what am I liable?
    The rule redesignates existing paragraph (g) of this section as 
paragraph (h) and adds a new paragraph (g). New paragraph (g) codifies 
the liability provisions at Section 512(g) of FLPMA and provides that 
the BLM may not impose strict liability in certain circumstances.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.

[[Page 25939]]

Section 2807.17 Under what conditions may the BLM suspend or terminate 
my grant?
    The rule amends Sec.  2807.17(b)(2) by changing the word 
``terminate'' to ``relinquish.'' This change aligns with changes made 
to Sec.  2886.17 and with the nomenclature that the BLM uses when 
processing ROWs. The rule also adds Sec.  2807.17(b)(3) to allow the 
BLM to terminate a ROW grant when a court terminates or requires the 
BLM to terminate the ROW. The rule redesignates paragraph (b)(3) as 
paragraph (b)(4).
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2807.20 When must I amend my application, seek an amendment of 
my grant, or obtain a new grant?
    The rule amends paragraph (b) of this section by replacing 
``processing and monitoring fees'' with ``cost recovery fees'' for 
consistency with other revisions in this rule.
    Section 2807.20(d) explains that pre-FLPMA grants (i.e., those 
issued before October 21, 1976) cannot be amended, renewed, or 
reinstated. Section 706 of FLPMA repealed numerous laws to the extent 
they applied to the issuance of ROWs by the BLM. Once a law has been 
repealed, the BLM can no longer approve any actions under the repealed 
law. The rule combines existing language from different parts of 
paragraph (d), including paragraph (d)(2), as paragraph (d)(1) and 
revises the text to clarify that, when a holder seeks to amend a pre-
FLPMA grant, the BLM will retain the holder's pre-FLPMA ROW for the 
portion of the holder's ROW not affected by the holder's amendment 
application unless the holder agrees to accept a wholly new and 
comprehensive grant of the ROW under FLPMA.
    Paragraph (d)(2) of this section requires a new application and 
grant for expiring authorizations. Paragraph (d)(3) requires a new 
application and grant if a pre-FLPMA authorization is terminated due to 
non-compliance. Finally, existing paragraph (d)(1) is redesignated as 
paragraph (d)(4) and notes that the BLM will issue any new 
authorization under the authority of FLPMA and explains that the new 
authorization may have the same terms and conditions and annual rents 
as the original grant.
    One commenter requested the BLM modify Sec.  2807.20 to clarify 
that when the grant holder is a Federal agency, the decision to 
terminate the existing grant and issue a new grant must be a mutual 
decision pursuant to Sec.  2807.17(d). The BLM has not made the 
proposed change as it believes that Sec.  2807.17(d) is sufficiently 
clear on this point. Nor does the final rule make any other changes to 
the version of this section that appeared in the proposed rule.
Section 2807.22 How do I renew my grant?
    The rule establishes new customer service standards for the BLM for 
renewal applications. The rule modifies paragraph (f) of this section 
to establish a customer service standard of 60 days for the BLM to 
review an application for a renewal to determine if that application 
has been timely submitted and is complete and to notify the applicant 
in writing of the BLM's determination. If the BLM determines that a 
renewal application was timely submitted and is complete, then its 
written notice will confirm that, until the BLM issues a decision on 
the renewal application, the holder's existing grant will remain valid, 
provided that the holder of the authorization remains in compliance, 
including with rent and bonding obligations.
    The rule adds a new paragraph (h) to this section that establishes 
when renewal applications will be subject to the BLM's customer service 
standards. If grant holders do not comply with the existing requirement 
to submit their application at least 120 days before their grant 
expires, the BLM will not be held to the customer service standards for 
processing the application. This paragraph is not a substantive change 
from existing practice.
    One commenter stated that decisions whether to renew grants should 
consider the multiple use mission of the BLM and whether closure would 
be beneficial to wildlife and the public. This commenter also requested 
that the 60-day time limit in Sec.  2807.22(f) be eliminated to allow 
for adequate time for public input.
    The BLM complies with NEPA on each renewal, as well as the 
Endangered Species Act and the NHPA. The new Sec.  2807.22(f) allows 
the holder to continue to pay rent and maintain a valid authorization 
until the BLM has properly processed the ROW renewal, including 
completing appropriate NEPA analysis and land use plan consistency 
review. Upon renewal, the BLM would issue a new grant likely with new, 
updated stipulations. The 60-day time limit is for determination of 
timeliness and sufficiency of an application, not completing NEPA 
analysis, surveys or public comment. This final rule does not make any 
changes to this paragraph as it appeared in the proposed rule.
    One commenter noted that allowing ROW holders to continue to 
operate under an existing grant while the BLM and the ROW holder go 
through the grant renewal process helped ROW holders. The BLM 
appreciates the support and acknowledgement of the value of maintaining 
operations during the renewal process.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Subpart 2808--Trespass
Section 2808.10 What is a trespass?
    The BLM revised this paragraph in the final rule to make explicit 
that ``subleasing'' without BLM authorization is a trespass. The 
regulations already prohibited this practice, so the addition of the 
term ``subleasing'' merely clarifies the scope of the trespass 
provision. This change also makes the language of this section 
consistent with the communications uses trespass provision at new Sec.  
2868.10. This provision did not appear in the proposed rule.
Subpart 2809--Competitive Process for Leasing Lands for Solar and Wind 
Energy Development Inside Designated Leasing Areas
Section 2809.19 Applications in Designated Leasing Areas or on Lands 
That Later Become Designated Leasing Areas
    This final rule does not carry forward a proposed revision to this 
section in the proposed rule because the BLM plans to address the 
distinction between designated and undesignated leasing areas in a 
separate rulemaking.

43 CFR Part 2860 Communications Uses

    The rule establishes part 2860, Communications Uses. This new part 
explains the requirements for communications uses grants and 
consolidates all communications use-specific provisions into one 
location. The requirements of part 2800 will continue to apply to 
communications uses grants, unless inconsistent with any provision of 
this new part. Some sections in part 2860 contain provisions that were 
removed from part 2800. Some sections in part 2860 have a direct 
parallel to sections in part 2800 but contain additional requirements 
that apply specifically to communications uses. This preamble describes 
how the rule differs from existing requirements. Subparts 2861 through 
2865 and 2868

[[Page 25940]]

are generally based on the provisions of existing subparts 2801 through 
2805 and 2808, respectively, but contain additional communications use 
requirements. Table 3 shows the relationship between subparts 2861 
through 2865 and 2868 and subparts 2801 through 2805 and 2808. Most of 
the requirements pertaining to communications uses in existing subpart 
2806 were moved to subpart 2866. Table 4 shows the relationship between 
subpart 2866 and subpart 2806. This preamble describes new or revised 
provisions. Provisions not discussed are substantially similar to their 
existing counterpart.

 Table 3--Sections of the Former Rule Supplementing the 2860 Regulations
                         for Communications Uses
------------------------------------------------------------------------
   Former section       Former title      New section       New title
------------------------------------------------------------------------
                           General                           General
    Subpart 2801         information     Subpart 2861      information
------------------------------------------------------------------------
N/A.................  N/A.               Sec.   2861.1  What
                                                         requirements of
                                                         part 2800 apply
                                                         to my grant?
Sec.   2801.2.......  What is the        Sec.   2861.2  What is the
                       objective of                      objective of
                       BLM's right-of-                   the BLM's
                       way program?                      Communications
                                                         Uses program?
Sec.   2801.5(b)....  What acronyms          2861.5(b)  What acronyms
                       and terms are                     and terms are
                       used in the                       used in the
                       regulations in                    regulations in
                       this part?                        this part?
Sec.   2801.8.......  Severability.      Sec.   2861.8  Severability.
Sec.   2801.9(a)(5).  When do I need a   Sec.   2861.9  When do I need a
                       grant?                            grant?
------------------------------------------------------------------------
Subpart 2802          Lands Available     Subpart 2862  Lands Available
                       for FLPMA                         for Grants
                       Grants
------------------------------------------------------------------------
Sec.   2802.11......  How does the BLM  Sec.   2862.11  How does the BLM
                       designate right-                  designate
                       of-way                            communications
                       corridors and                     sites and
                       designated                        establish
                       leasing areas?                    communications
                                                         site management
                                                         plans?
------------------------------------------------------------------------
Subpart 2804          Applying for        Subpart 2864  Applying for
                       FLPMA Grants                      Grants
------------------------------------------------------------------------
Sec.   2804.10......  Who may hold a    Sec.   2864.10  What should I do
                       grant?                            before I file
                                                         my application?
Sec.   2804.12......  What must I do    Sec.   2864.12  What must I do
                       when submitting                   when submitting
                       my application?                   my application?
Sec.   2804.24......  Do I always have  Sec.   2864.24  Do I always have
                       to submit an                      to use Standard
                       application for                   Form 299 when
                       a grant using                     submitting my
                       Standard Form                     application for
                       299?                              a
                                                         Communications
                                                         Uses
                                                         authorization?
Sec.   2804.25......  How will BLM      Sec.   2864.25  How will the BLM
                       process my                        process my
                       application?                      Communications
                                                         Uses
                                                         application?
Sec.   2804.26......  Under what        Sec.   2864.26  Under what
                       circumstances                     circumstances
                       may BLM deny my                   may the BLM
                       application?                      deny my
                                                         application?
Sec.   2804.35......  How will the BLM  Sec.   2864.35  How will the BLM
                       prioritize my                     prioritize my
                       solar or wind                     Communications
                       energy                            Uses
                       application?                      application?
------------------------------------------------------------------------
Subpart 2805          Terms and           Subpart 2865  Terms and
                       Conditions Of                     Conditions Of
                       Grants                            Grants
------------------------------------------------------------------------
Sec.   2805.14......  What rights does  Sec.   2865.14  What rights does
                       a grant                           a grant
                       provide?                          provide?
------------------------------------------------------------------------
Subpart 2808          Trespass            Subpart 2868  Communications
                                                         Uses Trespass
------------------------------------------------------------------------
Sec.   2808.10......  What is a         Sec.   2868.10  What is a
                       trespass?                         Communications
                                                         Uses trespass?
------------------------------------------------------------------------

    One commenter expressed support for consolidating all the BLM 
communications use rules into a new part 2860 to help streamline 
application development and processing. Two other commenters also 
expressed general support for the BLM's efforts to streamline 
regulations and to remove barriers to wireless infrastructure 
deployment.
    The BLM agrees that moving regulations pertaining to communications 
uses to its own part will help streamline the regulations.
    Some commenters expressed concern that this proposed rule could 
result in undesirable economic growth and development for some local 
communities. The BLM agrees there may be some growth in rural areas due 
to additional broadband deployment. The ROW authorization process 
includes compliance with NEPA, which would include analysis of the 
impacts of communication facilities on development and allow for public 
input.
    Commenters argued that use of a categorical exclusion to comply 
with NEPA would not be appropriate for all decisions to approve 
communication uses and that streamlining should only be permitted if 
there are no visual or environmental impacts; the project is not within 
5 miles of a residentially zoned neighborhood; tower placement and 
specifications comply with the United States Fish and Wildlife 
Service's (USFWS) Recommended Best Practices for Communication Tower 
Design, Siting, Construction, Operation, Maintenance, and 
Decommissioning; and the community meets FCC criteria for being 
underserved and no other options for achieving high speed (broadband) 
internet connection are available.
    The BLM agrees that it should comply with NEPA for proposed 
actions, which includes using categorical exclusions when they apply, 
and the BLM uses the USFWS's Recommended Best Practices.
Subpart 2861--General Information
    One commenter requested that the BLM modify the proposed rule to 
clarify that minor modifications that do not substantially change the 
physical dimensions of a tower or base station do not trigger the need 
for a new authorization.
    The BLM believes that the final rule adequately addresses the 
commenter's concern. As written, amended authorizations are required 
when additional areas are needed for the existing facility such as the 
addition of a generator or expansion of a building or tower. A new 
authorization is required when an applicant does not co-

[[Page 25941]]

locate within or on an existing authorized facility. Minor actions such 
as the replacement or addition of antennas and in-kind facility 
maintenance are considered maintenance actions unless the action 
deviates from what has already been authorized. (See the definition of 
substantial deviation in Sec.  2801.5(b) and related discussion above 
in this preamble).
    One commenter recommended that the BLM modify the proposed rule to 
include language specifying that installation and use of fiber for 
Federal communication purposes is authorized and no amendment to the 
ROW is necessary.
    The BLM did not make changes to the rule in response to this 
comment. All actions taken on Federal lands require an authorization, 
supported by appropriate NEPA analysis, including communications uses 
by Federal agencies. The exception is when a use is ancillary to the 
primary use and held by the same company (e.g., fiber optic for a 
powerline used solely by that power company holding the ROW). In such 
cases, an amendment to the existing ROW may be sufficient.
    One commenter encouraged the BLM to clarify that appurtenant uses, 
such as installation of fiber and related operations, upgrades, and 
maintenance of the fiber system, may be included in the authorization 
for a transmission line under part 2800 and addressed in the operations 
and maintenance plan for the transmission system without requiring a 
separate communications site authorization. The BLM agrees with this 
comment as fiber optic directly supporting a powerline or other 
facility, when not resold as a commercial use, is considered ancillary 
to the powerline. The BLM recommends, but does not require, a separate 
authorization for fiber optic uses which are ancillary, with the 
possibility of rent waiver for ancillary uses so long as the use is 
solely internal to the holder's needs and the service is not resold. 
The BLM would not require a separate communications site management 
plan for an ancillary facility but may incorporate it into an existing 
communications site management plan.
Section 2861.1 What requirements of part 2800 apply to my grant?
    Grants issued under this part must comply with the requirements of 
part 2800, except as otherwise described in this part. The final rule 
makes no changes to the version of this section that appeared in the 
proposed rule.
Section 2861.2 What is the objective of the BLM's Communications Uses 
program?
    The BLM's objective in this section is to authorize and administer 
communications uses under Title V of the Federal Land Policy and 
Management Act of 1976 and the regulations in this part to qualified 
individual, business, or governmental entities. The final rule makes no 
changes to the version of this section that appeared in the proposed 
rule.
Section 2861.5 What acronyms and terms are used in the regulations in 
this part?
    Section 2861.5 defines terms that are specific to communications 
uses. This section includes terms that had been defined in existing 
Sec.  2801.5. New definitions are added to provide clarity for the 
public as to how the BLM administers authorizations for communications 
uses under part 2860.
    The definitions for ``RMA,'' ``Base Rent,'' ``Customer,'' 
``Facility Manager,'' ``Facility Owner,'' ``Site,'' and ``Tenant'' have 
been moved from Sec.  2801.5; the definitions of ``Facility'' and 
``Grant'' were copied from Sec.  2801.5, and those terms are now 
defined in both sections, with the definitions here revised slightly to 
reflect their specific application in the context of communications 
uses.
    The rule adds the term and a definition of ``Annual inventory 
certification'' to clarify the nature of the document that a holder 
must provide on an annual basis (see Sec.  2866.31(c)). The final rule 
makes no changes to the version of this definition that appeared in the 
proposed rule.
    The term ``collocation'' was defined in Sec.  2861.5 of the 
proposed rule as ``[A]nother use, other than the holder's use, added to 
a communications use facility. Collocation may occur inside the 
building or on a tower.'' The BLM removed the definition of the term 
from this final rule because the term is not used in the regulatory 
text. A commenter noted this discrepancy as well as a related error in 
the paperwork collection requirements in the supplemental information 
published with the proposed rule. The paperwork collection requirements 
stated that Sec.  2866.41 will add a regulation requiring holders of 
ancillary facilities to request collocation, and if the BLM does not 
respond to a request for collocation within 60 days, the collocation 
will be deemed approved. Section 2866.41 in the proposed rule did not 
include a provision requiring holders of ancillary facilities to 
request collocation nor a provision that such a request would be deemed 
automatically approved in 60 days if not denied by BLM. The statement 
in the paperwork collection requirements was in error and has been 
removed from the preamble of the final rule. As ``collocation'' is not 
used in the text of the final rule, the definition of the term is 
unnecessary and has been removed from the final rule.
    The final rule adds a definition of ``communications facility,'' 
which was requested by a commenter. The definition of ``communication 
facility'' is the same as the definition of ``facility'' in Sec.  
2861.5 and Sec.  2801.5(b).
    The rule adds the term and a definition of ``communications site'' 
to establish what is meant when describing a communications site within 
an authorization document. The lack of a definition has caused 
confusion because, often, the BLM and industry refer to a 
``communications site'' when they really mean a ``communications 
facility.'' This definition clarifies the difference between the terms. 
The final rule makes no changes to the version of this definition that 
appeared in the proposed rule.
    The rule adds the term and a definition of ``communications site 
management plans'' to clarify that these plans guide development and 
operations at communications sites. These plans are implementation 
level plans, meaning that they take action consistent with the relevant 
land use plan (generally a Resource Management Plan (RMP)). 
Communication site management plans provide direction to the users for 
the day-to-day operations of the communications site and provide 
holders and future proponents with the development conditions for a 
particular site. The final rule makes no changes to the version of this 
definition that appeared in the proposed rule.
    The rule adds the term and a definition of ``communications uses'' 
to describe the types of uses considered to be a communications use. 
This definition includes all ROW uses to which part 2860 applies. The 
final rule makes no changes to the version of this definition that 
appeared in the proposed rule.
    The definition for the term ``Communications uses rent schedule'' 
was moved here from Sec.  2801.5. The change is necessary to maintain 
consistency in terminology throughout new part 2860. The term 
``communications uses rent schedule'' continues to apply to all types 
of communications uses identified in the previous definition of the 
term at Sec.  2801.5 for purposes of identifying and collecting rent, 
and it also applies to the

[[Page 25942]]

following additional uses added to this definition: ``facility 
manager,'' ``internet service provider (ISP),'' ``passive reflector,'' 
and ``local exchange network.'' The final rule includes only minor, 
nonsubstantive changes to the version of this definition that appeared 
in the proposed rule.
    The rule adds the term and definition of ``duly filed application'' 
to explain that it is an application that includes all the elements 
required by Sec.  2864.25. One commenter asked that the BLM change the 
definition for the term ``duly filed application'' to include a 
reference to Sec.  2864.25, not Sec.  2804.25 as it was written in the 
proposed rule. In response to this comment, the citation in the rule 
changed to Sec.  2864.25.
    The rule adds the term and a definition of ``occupant.'' Occupants 
are entities, other than the holder of a grant, which use a facility 
covered by that authorization. The final rule makes no changes to the 
version of this definition that appeared in the proposed rule.
    A commenter stated that the BLM should revise the proposed rule 
language to clarify that before the BLM will issue a grant to allow 
placement of equipment on Federal property (or property owned by others 
who presumably have similar concerns), permission must be attained from 
the agency.
    The authorization for communications uses provides for subleasing 
of uses so the agency does not need to be involved in every change 
within a communications facility so long as the subleased collocated 
use is within the existing facility or on the existing tower. The final 
rule is not revised in response to this comment.
Section 2861.8 Severability
    This section of the rule, which is based on existing Sec.  2801.8 
and parallels Sec.  2881.8 in the final rule, states that if a court 
holds any provisions of the rules in this part or their applicability 
to any person or circumstances invalid, the remainder of these rules 
and their applicability to other people or circumstances should not be 
affected. If any portion of this final rule were to be stayed or 
invalidated by a reviewing court, the remaining elements would continue 
to provide BLM with important and independently effective tools 
relating to the administration of its ROW program. For example, the 
cost recovery provisions in this final rule may function independently 
of the provisions concerning communications uses and FLPMA Section 512. 
Similarly, the provisions implementing FLPMA Section 512 and the 
provisions governing communications uses may function independently. 
Individual sections of the rule may function independently as well. The 
final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2861.9 When do I need a grant?
    This section explains the communications-related activities that 
require an authorization. The final rule makes no changes to the 
version of this section that appeared in the proposed rule.
Subpart 2862--Lands Available for Grants
Section 2862.11 How does the BLM designate communications sites and 
establish communications site management plans?
    Section 2862.11 describes how the BLM designates communications 
sites and when communications site management plans are prepared. This 
section is based on existing Sec.  2802.11, which describes how the BLM 
designates ROW corridors and designated leasing areas.
    Under Sec.  2862.11(a), the BLM will coordinate in the preparation 
of the communications site management plans with other Federal 
agencies, State, local, and Tribal governments, and the public, 
consistent with the coordination requirements of existing Sec.  
2802.11(a).
    Paragraph (b) identifies factors the BLM considers when determining 
land suitability for communications uses, in addition to the factors 
described in existing Sec.  2802.11(b). One commenter recommended 
adding ``proximity to private and residential property'' to the list of 
factors that the BLM considers under paragraph (b). The BLM will not 
revise Sec.  2802.11(b) because the suggested addition is already 
covered by Sec.  2802.11(b)(7).
    Paragraph (c) provides for communications site management plans, 
which are implementation-level plans that tier to the applicable RMP. 
While communications site management plans are generally adopted 
outside the land use planning process, the BLM often refers to these 
plans in RMPs. The identification of communications sites and the 
adoption of their complementary management plans must be supported by 
appropriate NEPA analysis, which may take the form of an applicable 
categorical exclusion or determination that a prior NEPA analysis is 
adequate.
    A commenter noted that RMP revisions may be necessary if existing 
RMPs do not address communication sites. Communication site management 
plans are site specific plans regarding the current and future 
communication site uses at a specific location and are a technical 
report to supplement an RMP, since the site can change over time 
throughout the life of the RMP. This comment does not make any 
suggestions for changes to the rule and thus is outside the scope of 
this rulemaking effort.
    Ultimately, the final rule makes no changes to the version of this 
section that appeared in the proposed rule.
Subpart 2864--Applying for Grants
Section 2864.10 What should I do before I file my application?
    Section 2864.10 is based on existing Sec.  2804.10. Section 
2864.10(a) describes the purpose of a preliminary application review 
meeting. Preliminary application review meetings provide valuable 
information and reveal project constraints to proponents. This 
information should result in more thorough and complete applications 
that may streamline BLM application processing, consistent with E.O. 
13821 and a Presidential Memorandum directed to the Secretary, both 
issued on January 8, 2018. A preliminary application review meeting is 
not a requirement but is strongly encouraged.
    Paragraph (b) prompts applicants to ask the BLM for a copy of any 
applicable communications site management plan for the site of the 
proposed project. By using an existing communications site management 
plan as a reference, applicants can better develop an application that 
is consistent with the site management plan, which will help streamline 
the BLM's application processing.
    Paragraph (c) specifies what an applicant should acquire before 
submitting an application to the BLM. A complete communications uses 
application almost always requires proof of a Federal Communications 
Commission (FCC) license. If an applicant has already included a 
license as part of its application, it eliminates the need for the BLM 
to request that information, and thereby cuts down on processing times.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2864.12 What must I do when submitting my application?
    Section 2864.12 describes the supplemental information needed to 
accompany the SF-299, which is required for all communications uses 
applications. Section 2864.12 is based

[[Page 25943]]

on existing Sec.  2804.12 but includes additional specific 
communications uses requirements for applications. Existing Sec.  
2804.12(f) states that the BLM may require you to submit additional 
information during the processing of your application. This section 
standardizes the requirements specific to communications uses to 
streamline the application process for these types of authorizations. 
Paragraph (a) of this section clarifies that when an application for a 
ROW is filed electronically, an actual signature may not be required. 
Instead of a manual signature, the applicant could meet the BLM's 
standards for electronic commerce. This revision allows applicants to 
file their applications electronically. These changes streamline 
application submissions and allow for more flexibility in how 
applications are submitted.
    Paragraph (a)(1) of this section refers to Sec.  2804.12 for a list 
of attachments that should be included in all applications.
    Paragraph (a)(2) requires an applicant to provide proof of their 
FCC license. This requirement is consistent with current BLM practice, 
and the BLM is incorporating this requirement into the regulations to 
notify applicants of what to expect. There is no expectation that this 
new language will create any additional burden for communications uses 
applicants.
    Paragraph (a)(3) of this section requires an applicant to submit 
GIS shapefiles for a map of the proposed project. This requirement is 
consistent with changes that the final rule makes to Sec.  
2804.12(a)(4), which already requires an applicant to submit a map of 
the proposed project and now further requires an applicant to submit 
GIS shapefiles or equivalent format, upon request. This new requirement 
is expected to reduce application processing times by allowing the BLM 
to integrate project locations into existing resource datasets and 
analyze the potential resource impacts more quickly.
    One commenter expressed support for the requirement in Sec.  
2864.12(a)(3) for applicants to submit GIS shapefiles with an 
application for a ROW. However, the commenter also noted that data 
shared may exclude attributes that could be considered critical 
infrastructure and may require a nondisclosure agreement prior to 
submittal. Conversely, another commenter requested the BLM modify 
language to: (1) retain flexibility in the geographic information 
required rather than requiring a specific file format (i.e., 
shapefiles); and (2) limit data collection to what is necessary for the 
purposes of site management. The BLM agrees with both comments. 
However, the data shared need to be in a format acceptable to the BLM 
so that the agency can use them in the analysis of the proposed action. 
The final rule reflects a compromise position that requires data to be 
submitted in GIS shapefiles or an equivalent format. The BLM collects 
potential siting information such as facilities, ROW boundaries, 
surface disturbance, and access roads from applicants for 
interdisciplinary analysis. Per 43 CFR 2804.13, the BLM will keep 
confidential any information marked as such to the extent allowed by 
law.
    Paragraph (a)(4) of this section requires an application to include 
draft engineering or construction drawings. By including these 
drawings, applicants should expect faster application processing times. 
An applicant usually produces draft construction drawings before an 
applicant intends to submit their application, so the BLM does not 
expect this requirement to create any additional burden. The BLM 
expects that the inclusion of this information in the application will 
streamline application processing times.
    Paragraph (a)(5) of this section requires that a communications 
uses application include technical data related to communication 
equipment used in and on the proposed facility. This rule specifies the 
types of technical data, such as frequencies and power output of the 
proposed use, that applicants must submit to allow the BLM to determine 
whether the proposed use would be consistent with the applicable 
communications site management plan and would be compatible with 
existing communications uses at the proposed communications site. This 
provision is consistent with current BLM policy, which requires this 
information from applicants.
    Paragraph (a)(6) requires an applicant to provide a communications 
uses plan of development (POD) in support of an application. The BLM 
may require a POD for an application under Sec.  2804.25(c). The POD is 
an essential tool for the BLM to understand the scope and complexity of 
the proposed project. A complete POD can drastically reduce the time 
spent on processing an application, primarily during the NEPA process. 
Since BLM policy already requires a POD to be submitted with all 
applications, this rule should not create an additional burden on the 
applicant.
    Paragraph (b) states that the BLM may require additional 
information from an applicant about their application while it is being 
processed. For example, the BLM may require an applicant to submit 
information about the applicant's plans to comply with a visual plan 
included in the RMP for the area (e.g., paint color or stealth design). 
These changes explain that the BLM will not process an application 
until the additional information has been submitted. The BLM 
anticipates this change will help expedite application review and 
processing. This paragraph is based on existing Sec.  2804.12(f).
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2864.24 Do I always have to use Standard Form 299 when 
submitting my application for a Communications Uses authorization?
    This section requires applicants to use Standard Form 299 to file 
applications for communications uses. The final rule makes no changes 
to the version of this section that appeared in the proposed rule.
Section 2864.25 How will the BLM process my Communications Uses 
application?
    Section 2864.25 provides that the BLM will process communications 
uses applications consistent with existing Sec.  2804.25. In addition, 
this section requires the BLM to approve or deny a duly filed 
application for a grant within 270 days. This is in accordance with the 
MOBILE NOW Act, which requires Federal agencies to approve or deny a 
communications facility installation application within 270 days of 
receiving a duly filed application. The BLM believes this new 
regulation will shorten application processing times and establish 
consistency among BLM offices.
    Two commenters expressed support for the 270-day timeline to help 
expedite application review times and decisions. One commenter 
requested that the BLM clarify whether the 270-day timeline outlined in 
proposed Sec.  2864.25 would affect public involvement opportunities, 
including scoping and comment period durations.
    The 270-day processing time limit is not discretionary. It is a 
legislatively mandated requirement of the MOBILE NOW Act. The MOBILE 
NOW Act requires agencies to approve or deny applications within 270 
days of a duly filed application. (See definitions at 43 CFR 2861.5 for 
the definition of a duly filed application.) For the large majority of 
applications, the 270-day processing time limit is sufficient for BLM 
to complete the NEPA process, including the public comment period. All 
public comments on proposed actions subject to the 270-day processing 
time limit will

[[Page 25944]]

need to be delivered to the agency within the timeframes given for 
public comments to ensure the BLM has time to review and, where 
appropriate, incorporate comments into the NEPA analysis. The BLM does 
not anticipate shortening public comment periods, but for proposed 
actions subject to the 270-day processing time limit, the agency will 
have less ability to review and incorporate comments received after the 
timeframes given for public comment.
    While the BLM normally meets the 270-day time frame, sometimes the 
BLM is not able to complete its application review process in that 
time. Any work conducted beyond the 270 days should be with the 
applicant's agreement.
    One commenter recommended the BLM further modify this language to 
indicate that an application will be deemed complete after BLM 
notification of completeness or the passage of 60 days from submission 
of a duly filed application, whichever is earlier. Because the BLM 
cannot process an incomplete application, the BLM cannot adopt the 
commenter's suggestion that an application be deemed complete 60 days 
after it is filed, regardless of the completeness of the application. 
If an application is incomplete, the BLM will notify the applicant 
within 60 days of receiving the application as to what is needed to 
complete the application.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2864.26 Under what circumstances may the BLM deny my 
application?
    Section 2864.26 is based on existing Sec.  2804.26 and identifies 
when an application for communications uses may be denied. Reasons for 
denial include the provisions of existing Sec.  2804.26, along with 
reasons specific to communications uses, such as interference with 
other communications users.
    Paragraph (a) of this section is based on Sec.  2804.26(a)(1), 
which states that an application may be denied if the proposed use is 
inconsistent with any other previously authorized ROW, including 
communications uses on the public lands. It is the goal of the BLM to 
allow multiple communications uses within a communications site area if 
they are compatible with one another. Existing communications uses ROW 
authorization holders will be given the opportunity during the 
application process to provide evidence of potential interference with 
their use. The BLM will evaluate any such evidence to determine if the 
subsequently proposed communications uses might potentially interfere 
with the previously authorized communications uses, and if so, whether 
a denial is warranted under the circumstances.
    Under paragraphs (b) and (c) of this section, an application can be 
denied if the proposed use presents a public health or safety issue or 
is not in conformance with the RMP or communications site management 
plan.
    One commenter requested the BLM modify the proposed rule language 
to provide the criteria the BLM will use when deciding whether an 
application is denied for failure to comply with BLM requests for 
additional information.
    The BLM declines to change the rule in response to this comment. 
The BLM may require additional information above what is specifically 
required in the regulations in order to make an informed decision on an 
application. Additional information could be site specific information, 
such as detailed visual resource management analysis, that is difficult 
to anticipate and categorize in advance. Failure to receive the 
information from an applicant prevents the BLM from making a fully 
informed decision. The BLM also uses the seven criteria defined in 
Sec.  2804.26 for denying an application. The BLM will send a 
deficiency notice, usually with a deadline, before denying an 
application. If an application is denied, the applicant has an 
opportunity to appeal the decision.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2864.35 How will the BLM prioritize my Communications Uses 
application?
    Section 2864.35 describes how the BLM will prioritize applications 
for grants. This section is based on existing Sec.  2804.35, which 
describes how the BLM prioritizes solar and wind applications. Under 
this section, the BLM will prioritize processing applications for 
grants that meet the needs of underserved, rural, and Tribal 
communities and first responders. This section was added in response to 
E.O. 13821, discussed earlier in this preamble.
    A commenter expressed support for prioritizing applications for 
grants that meet the needs of underserved, rural, and Tribal 
communities and first responders. The commenter requested the BLM 
provide additional information regarding how the categories are further 
defined and how they might be prioritized amongst each other in the 
event a given site is proposed on property that overlaps multiple 
categories.
    The BLM did not address the portion of the comment requesting the 
BLM further define and prioritize the categories of ``underserved,'' 
``rural,'' ``Tribal,'' and ``first responder.'' The BLM will address 
each application on a case-by-case basis and will provide further 
guidance on this issue as necessary. The final rule makes no changes to 
the version of this section that appeared in the proposed rule.
Subpart 2865--Terms and Conditions of Grants
Section 2865.14 What rights does a grant provide?
    Section 2865.14 describes the rights provided by a grant, in 
addition to the rights described in existing Sec.  2805.14.
    Paragraph (a) of this section is based on existing Sec.  2805.14(a) 
but has been revised to clarify that only facilities explicitly allowed 
by an authorization are acceptable. The final rule makes no changes to 
the version of this paragraph that appeared in the proposed rule.
    Paragraph (b) of this section is based on existing Sec.  2805.14(b) 
and revises the language so that subleasing provisions are consistent 
between communications uses and all other ROWs. In response to a 
commenter's request to clarify the term ``subleasing'' as it relates to 
the rights granted under an authorization and whether subleasing refers 
only to collocations within or on authorized facilities, this final 
rule revises the proposed rule to include definitions of ``ancillary'' 
and ``subleasing'' in Sec.  2801.5 to help clarify each term.
    Paragraph (c) of this section is based on existing Sec.  2805.14(c) 
and states that the authorization holder may allow another entity to 
conduct day-to-day operations of the facility, as authorized by the 
BLM. Section 2805.14(c) describes access to lands, but this section 
instead refers to ``lands or facilities.'' This change is consistent 
with other changes to the regulations moved to new part 2860 from part 
2800, which acknowledge that an authorization may be either a grant to 
use a facility or a grant for the use of public lands. The final rule 
makes no changes to the version of this paragraph that appeared in the 
proposed rule.
    Paragraph (d) of this section sets the standard length for a grant 
at 30 years. The BLM considers a 30-year-term to be consistent with 
Section 504(b) of FLPMA's ``reasonable term'' limitation, and that 
interpretation is being carried forward for grants under this new part. 
The BLM may determine in a given case that a shorter term is 
appropriate for an

[[Page 25945]]

authorization. For example, a BLM office could determine the resource 
issues at the proposed site, such as environmental or Tribal concerns, 
may warrant a shorter term for the authorization. One commenter 
expressed support for the 30-year term for communications use grants 
included in the proposed rule, as consistent with FLPMA, because it 
will provide increased investment certainty for applicants. The final 
rule makes no changes to the version of this paragraph that appeared in 
the proposed rule.
    One commenter requested the BLM modify proposed rule language to 
address when and how owners can attain rights to keep beam paths that 
require clear line-of-sight communication free of obstructions on BLM-
managed land.
    The BLM is not modifying the proposed rule in response to this 
comment. It is the holder's responsibility to propose communications 
use locations on public lands that meet the needs of the applicant. The 
applicant is responsible for including issues such as the beam path 
reliability in their POD. The POD should contain clear direction as to 
how the holder would need to operate and maintain their beam path in 
the future to achieve a clear path for operations. The agency would 
subsequently analyze the proposal under NEPA. The final approved POD 
would then set the course for future maintenance actions by the holder.
Subpart 2866--Annual Rents and Payments
    Subpart 2866 contains the rental requirements for grants. Many of 
the sections have been moved from existing subpart 2806 with no 
substantive changes from existing requirements. The changes from 
existing requirements are intended to streamline the rental process for 
communications uses and are discussed in detail in the following 
section-by-section analysis. The following chart shows which sections 
of existing subpart 2806 are moved into subpart 2866.

                                                    Table 4--New Subpart 2866 vs Former Subpart 2806
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               New section 2866 based on or moved from former section 2806
---------------------------------------------------------------------------------------------------------------------------------------------------------
              Former section                                Former title                     New section                     New title
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Subpart 2806                           Annual rents and payments             Subpart 2866             Annual rents and payments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on Sec.   2806.14..................  Under what circumstances am I exempt from       Sec.   2866.14  Under what circumstances am I exempt from
                                            paying rent?                                                    paying rent?
Based on Sec.   2806.15..................  Under what circumstances may BLM waive or       Sec.   2866.15  Under what circumstances may the BLM waive or
                                            reduce my rent?                                                 reduce my rent?
Based on Sec.   2806.23..................  How will the BLM calculate my rent for linear   Sec.   2866.23  How will the BLM calculate my rent for linear
                                            rights-of-way the Per Acre Rent Schedule                        rights-of-way for Communications Uses?
                                            covers?
Moved from...............................  What are the rents for communication site       Sec.   2866.30  What are the rents for Communications Uses?
Sec.   2806.30...........................   rights-of-way?
Moved from...............................  How will BLM calculate rent for a right-of-way  Sec.   2866.31  How will the BLM calculate rent for
Sec.   2806.31...........................   for communication uses in the schedule?                         Communications Uses in the schedule?
Moved from...............................  How does BLM determine the population strata    Sec.   2866.32  How does the BLM determine the population
Sec.   2806.32...........................   served?                                                         strata served for your facility?
Moved from...............................  How will BLM calculate the rent for a grant or  Sec.   2866.33  How will the BLM calculate the rent for a
Sec.   2806.33...........................   lease authorizing a single use communication                    single use communication facility grant?
                                            facility?
Moved from...............................  How will BLM calculate the rent for a grant or  Sec.   2866.34  How will the BLM calculate the rent for a
Sec.   2806.34...........................   lease authorizing a multiple-use                                multiple-use communication facility grant?
                                            communication facility?
Moved from...............................  How will BLM calculate rent for private mobile  Sec.   2866.35  How will the BLM calculate rent for private
Sec.   2806.35...........................   radio service (PMRS), internal microwave, and                   mobile radio service (PMRS), internal
                                            ``other'' category uses?                                        microwave, and ``other'' category uses?
Moved from...............................  If I am a tenant or customer in a facility,     Sec.   2866.36  If I am a tenant or customer in a facility,
Sec.   2806.36...........................   must I have my own grant or lease and if so,                    must I have my own grant and if so, how will
                                            how will this affect my rent?                                   this affect my rent?
Moved from...............................  How will BLM calculate rent for a grant or      Sec.   2866.37  How will the BLM calculate rent for a grant
Sec.   2806.37...........................   lease involving an entity with a single use                     involving an entity with a single use
                                            (holder or tenant) having equipment or                          (holder or tenant) having equipment or
                                            occupying space in multiple BLM-authorized                      occupying space in multiple BLM-authorized
                                            facilities to support that single use?                          facilities to support that single use?
Moved from...............................  Can I combine multiple grants or leases for     Sec.   2866.38  Can I combine multiple grants for facilities
Sec.   2806.38...........................   facilities located on one site into a single                    located at one site into a single grant?
                                            grant or lease?
Moved from...............................  How will BLM calculate rent for a lease for a   Sec.   2866.39  How will the BLM calculate rent for a grant
Sec.   2806.39...........................   facility manager's use?                                         for a facility manager's use?
Moved from...............................  How will BLM calculate rent for a grant or      Sec.   2866.40  How will the BLM calculate rent for an
Sec.   2806.40...........................   lease for ancillary communication uses                          authorization for ancillary Communications
                                            associated with communication uses on the                       Uses associated with Communications Uses on
                                            rent schedule?                                                  the rent schedule?
Moved from...............................  How will BLM calculate rent for communication   Sec.   2866.41  How will the BLM calculate rent for
Sec.   2806.41...........................   facilities ancillary to a linear grant or                       communication facilities ancillary to a
                                            other use authorization?                                        linear grant or other use authorization?
Moved from...............................  How will BLM calculate rent for a grant or      Sec.   2866.42  How will the BLM calculate rent for
Sec.   2806.42...........................   lease authorizing a communication use within                    Communications Uses within a federally owned
                                            a federally-owned communication facility?                       communications facility?

[[Page 25946]]

 
Moved from Sec.   2806.43, but the terms   How does BLM calculate rent for passive         Sec.   2866.43  How does the BLM calculate rent for passive
 would be moved to Sec.   2861.5.           reflectors and local exchange networks?                         reflectors and local exchange networks?
Moved from...............................  How will BLM calculate rent for a facility      Sec.   2866.44  How will the BLM calculate rent for a
Sec.   2806.44...........................   owner's or facility manager's grant or lease                    facility owner's or facility manager's grant
                                            which authorizes communication uses?                            which authorizes Communications Uses?
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For a discussion of the sections in subpart 2806 that were removed 
by this rule, see the preamble discussion of subpart 2806.
Section 2866.14 Under what circumstances am I exempt from paying rent?
    Section 2866.14 identifies when a holder is exempt from paying 
rent. Paragraph (a)(1) of this section states that Federal, State, and 
local governments, along with their instrumentalities, are exempt from 
paying rent. Paragraphs (a)(2) and (a)(3) are based on paragraphs 
(a)(3) and (a)(4) of Sec.  2806.14. Paragraph (b) describes the 
exceptions to these exemptions. Under paragraph (b)(1) of this section, 
a holder will not be exempt from paying rent if the holder is in 
trespass. This is not a change from existing requirements but has been 
added to the regulations to provide clarity to holders.
    Paragraphs (b)(2)(i) and (b)(2)(ii) explain that a State or local 
government entity is not exempt from paying rent when the facility is 
being used for commercial purposes or when the principal source of 
revenue is generated from customer use charges. These requirements are 
consistent with existing Sec.  2804.16(a).
    Under added paragraph (b)(2)(iii), a State or local government 
entity is not exempt from rent if it charges rent to the United States 
Government for occupancy within an exempt facility (above routine 
operation and maintenance costs). The BLM and other Federal agencies 
are often charged rent to occupy space in another governmental (State 
or local government) facility when their authorization to occupy the 
public lands is exempt from rent. The BLM is making this change to 
encourage reciprocal rent exemptions for the United States. The 
provisions of this section are intended to ensure that the Federal 
Government is charged reasonable rates for maintenance and operations 
only.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2866.15 Under what circumstances may the BLM waive or reduce my 
rent?
    Section 2866.15 includes rental reduction or waiver provisions that 
apply specifically to the communications uses program.
    Under paragraph (a) of this section, the BLM can waive or reduce 
rent for holders that are licensed by the FCC as non-commercial and 
educational broadcasters.
    Under paragraph (b) of this section, and consistent with existing 
Section 2806.15, the BLM can waive or reduce rent for amateur radio 
clubs that provide a benefit to the general public or to the programs 
of the Secretary, for verified nonprofit organizations, or for entities 
that can demonstrate undue hardship and public interest.
    Paragraph (c) of this section identifies when the BLM may not waive 
or reduce rent. These exceptions include when an organization operates 
for the benefit of its members; when any portion of the authorized 
facility is being used for commercial purposes; when the holder is 
charging the United States to occupy a facility; and when a holder 
charges fees beyond reasonable operation and maintenance to an occupant 
whose rent would normally be exempt or waived by the BLM. This 
provision is consistent with Sec.  2866.14(b)(2).
    Paragraph (d) of this section describes when the BLM can revoke a 
holder's waiver of rent. Under paragraph (d) of this section, the BLM 
will revoke a holder's waiver if it determines that the authorization 
holder no longer meets the criteria for a waiver.
    This section provides several additional ways by which the BLM 
could waive the rent of users who provide a public benefit and are not 
operating solely to make a profit. This section will streamline our 
processes by demonstrating to the public when rent can be waived or 
reduced and by reducing the need for the BLM to further analyze a 
request.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2866.23 How will the BLM calculate my rent for linear rights-
of-way for Communications Uses?
    Section 2866.23 is based on existing Sec.  2806.23 and provides 
some additional clarification that linear communications uses, such as 
for fiber optic and telephone cable, will be charged rent using the 
linear ROW rent schedule found in Sec.  2806.23. The communications 
uses rent schedule is specific to small areas, while the linear 
schedule is used for long and narrow ROWs, such as pipelines or power 
lines. Since a linear communications use is a long and narrow facility, 
the linear rent schedule is more appropriate.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2866.30 What are the rents for Communications Uses?
    While much of part 2860 is based on sections of part 2800, which 
would remain as part of the rule, the communications site rent 
provisions (Sec. Sec.  2866.30 through 2866.44) have been moved from 
subpart 2806 to new subpart 2866. Changes from existing provisions are 
discussed in this and the following sections of this preamble.
    Section 2866.30 is substantively the same as existing Sec.  
2806.30. This section describes how the BLM will assess annual rent for 
communications uses. The final rule updates the address for the BLM and 
makes other minor, nonsubstantive changes to the version of this 
section that appeared in the proposed rule.

[[Page 25947]]

Section 2866.31 How will the BLM calculate rent for Communications Uses 
in the schedule?
    Section 2866.31 is substantively the same as existing Sec.  
2806.31. There are no substantive changes from existing requirements, 
and the final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2866.32 How does the BLM determine the population strata served 
for your facility?
    Section 2866.32 is substantively the same as existing Sec.  
2806.32, and there are no substantive changes from existing 
requirements.
Section 2866.33 How will the BLM calculate the rent for a single use 
communication facility grant?
    Section 2866.33 is substantively the same as existing Sec.  
2806.33, and there are no substantive changes from existing 
requirements.
Section 2866.34 How will the BLM calculate the rent for a multiple-use 
communication facility grant?
    Section 2866.34 is substantively the same as existing Sec.  
2806.34. There are no substantive changes from existing requirements, 
and the final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2866.35 How will the BLM calculate rent for private mobile 
radio service (PMRS), internal microwave, and ``other'' category uses?
    Section 2866.35 is substantively the same as existing Sec.  
2806.35. There are no substantive changes from existing requirements, 
and the final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2866.36 If I am a tenant or customer in a facility, must I have 
my own grant and if so, how will this affect my rent?
    Section 2866.36 is substantively the same as existing Sec.  
2806.36, and there are no substantive changes from existing 
requirements.
    One commenter requested the BLM revise proposed Sec.  2866.36(c) to 
permit the BLM to collect the full annual rent from either the grant 
holder or the tenant. This comment is outside the scope of this rule. 
The BLM is not addressing payment collection requirements in this 
rulemaking.
Section 2866.37 How will the BLM calculate rent for a grant involving 
an entity with a single use (holder or tenant) having equipment or 
occupying space in multiple BLM-authorized facilities to support that 
single use?
    Section 2866.37 is substantively the same as existing Sec.  
2806.37, and there are no substantive changes from existing 
requirements.
Section 2866.38 Can I combine multiple grants for facilities located at 
one site into a single grant?
    Section 2866.38 is substantively the same as existing Sec.  2806.38 
and is revised to require submittal of an SF 299 for BLM authorization 
to combine facilities into a single grant.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2866.39 How will the BLM calculate rent for a grant for a 
facility manager's use?
    Section 2866.39 is substantively the same as existing Sec.  
2806.39. There are no substantive changes from existing requirements, 
and the final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2866.40 How will the BLM calculate rent for an authorization 
for ancillary Communications Uses associated with Communications Uses 
on the rent schedule?
    Section 2866.40 is substantively the same as existing Sec.  
2806.40, and there are no substantive changes from existing 
requirements. The BLM considers ``ancillary'' communication facilities 
to be those used solely for the purpose of internal communications.
    For the final rule, the BLM added a reference to the new definition 
of ``ancillary'' found in Sec.  2801.5 to provide clarity to the 
reader.
Section 2866.41 How will the BLM calculate rent for communications 
facilities ancillary to a linear grant or other use authorization?
    Section 2866.41 is substantively the same as existing Sec.  
2806.41, and there are no substantive changes from existing 
requirements.
    One commenter requested that the BLM modify the proposed rule 
language to acknowledge the rent exemption clause (Sec.  2866.14), so 
it is clear that the Federal rent exemption applies in circumstances 
where the communications use facility is authorized as ancillary to a 
grant but is not used for the sole purpose of internal communications.
    The final rule is not modified in response to this comment. If the 
communications use is not for the sole purpose of internal 
communications, then the service is implied to be a commercial 
communications use. If that is the case, then the agency is allowed to 
charge for that use, and therefore, the use would not be rent exempt.
    One commenter recommended that the proposed rule allow BLM to 
permit fiber optic cable on linear high voltage transmission lines as 
ancillary or appurtenant communication facilities and equipment that 
support the electric transmission grid.
    The BLM believes that the final rule accounts for this comment. 
Fiber optic and microwave directly supporting a powerline or other 
facility, when not resold as a commercial use, is considered an 
ancillary facility, and will continue to be rent exempt. Therefore, the 
final rule is not modified in response to this comment.
Section 2866.42 How will the BLM calculate rent for Communications Uses 
within a federally-owned communications facility?
    Section 2866.42 is substantively the same as existing Sec.  
2806.42, and there are no substantive changes from existing 
requirements.
    One commenter requested the BLM modify Sec.  2866.42(b) to clarify 
(1) how the term Facility Owner (as defined in Sec.  2861.5) applies to 
Federal agencies that do not operate for personal or commercial 
purposes, and (2) that Federal agencies are exempt from paying rent 
even if the BLM considers them to be a facility owner.
    The final rule is not modified in response to this comment. By 
definition, a Federal agency is a facility owner because it owns and 
operates equipment on public lands. The use by a Federal agency is 
generally exempt from rent. Occupants who occupy space within a Federal 
facility will hold their own authorization for which they must 
generally pay rent to the BLM for their communications uses of the 
public lands. The final rule revises the definition of a ``facility 
owner'' to provide clarification that a Federal purpose is one purpose 
for which a facility owner may operate communications equipment in the 
facility. The final rule makes no changes to the version of this 
section that appeared in the proposed rule.
Section 2866.43 How does the BLM calculate rent for passive reflectors 
and local exchange networks?
    Section 2866.43 is substantively the same as existing Sec.  
2806.43, except that

[[Page 25948]]

the definitions for ``passive reflector'' and ``local exchange 
network'' have been added to Sec.  2861.5 instead. The final rule 
includes only minor, nonsubstantive changes to the version of this 
section that appeared in the proposed rule.
Section 2866.44 How will the BLM calculate rent for a facility owner's 
or facility manager's grant which authorizes Communications Uses?
    Section 2866.44 is substantively the same as existing Sec.  
2806.44. There are no substantive changes from existing requirements, 
and the final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Subpart 2868--Communications Uses Trespass
Section 2868.10 What is a Communications Uses trespass?
    Section 2868.10 is based on Sec.  2808.10 but provides for 
additional communications uses-specific circumstances that the BLM 
considers trespass. The intent of this section is to define a trespass 
so that facility owners and users understand how best to avoid 
unauthorized use.
    Paragraph (a) states that adding to or altering from the 
communications facilities described in the authorization without 
approval from the BLM is a trespass.
    Paragraph (b) of this section states that facility owners who 
permit communications uses of other users by allowing them to sublease 
any portion of their facilities without approval will be considered to 
be in trespass.
    Paragraph (c) provides that natural structures, such as trees and 
rocks, may not be used to house or support equipment without the BLM's 
prior approval, and that doing so constitutes trespass. Using trees and 
rocks to house or support equipment leads to unacceptable resource 
damage and is not a sustainable practice.
    All the provisions in this section have been a part of BLM policy 
for many years, but it became clear that users were confused about what 
the BLM considers trespass. The BLM believes that publishing these 
provisions as regulations offers additional clarity to the public and 
will lead to a reduction in unauthorized use.
    One commenter stated that the BLM should modify the proposed 
trespass language in section 2868.10 to address concerns that: (1) 
language regarding placement of any type of facilities is too broad; 
and (2) if the regulations require authorization and, if necessary, 
rent to be paid to the BLM for entities that want to locate equipment 
on structures, the holder will retain the right to determine if the 
proposed use is compatible with the holder's pre-existing use.
    The BLM is not modifying the rule as suggested by the comment. If a 
use of the public lands is not provided for in an authorization it is 
considered an unauthorized use and therefore a trespass. An application 
for a ROW should accurately describe the facilities it seeks an 
authorization for, and the BLM will include a description of the 
authorized facilities within the ROW grant. Collocated equipment should 
be disclosed to the BLM at the time of applications and prior to 
installation. If undisclosed equipment is discovered later by the BLM, 
it will be considered unauthorized.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.

43 CFR Part 2880 Rights-of-Way Under the Mineral Leasing Act

    The MLA requires that the applicant reimburse the United States for 
administrative and other costs incurred in processing a ROW 
application. The BLM refers to such costs as ``actual costs'' and 
defines that term to include the financial resources the BLM expends in 
processing and monitoring ROW activities under the MLA, including the 
direct and indirect costs, exclusive of management overhead costs.
    The MLA does not limit or qualify the actual cost requirement, nor 
does it list any factors that the BLM may or should consider when 
determining reimbursable costs. The BLM bases actual cost information 
on Federal accounting and reporting systems. The BLM is making changes 
to part 2880 to provide consistency with the FLPMA ROW regulations at 
part 2800.
Part 2881--General Information
Section 2881.2 What is the objective of the BLM's right-of-way program?
    This rule adds the words ``wherever practical'' to the objective 
described in Sec.  2881.2(c). This change is consistent with Sec.  
2801.2(c). For a more detailed discussion, please see the preamble 
discussion for Sec.  2801.2(c).
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2881.5 What acronyms and terms are used in the regulations in 
this part?
    This rule amends the definitions of terms that appear in Sec.  
2881.5(b) to be consistent with changes to the definitions of those 
same terms in Sec.  2801.5. For a detailed discussion of these changes 
and the BLM's response to relevant comments, please see the preamble 
discussion of Sec.  2801.5.
Section 2881.7 Scope
    This rule amends paragraphs (a) and (b)(1) in Sec.  2881.7. These 
modifications clarify when an action will be processed under the 
regulations of Part 2880 and when an action will be processed under the 
Application for Permit to Drill (APD) regulations (43 CFR part 3160 and 
subpart 3171). Within the surface use plan of operation area, the BLM 
will process ``related facilities,'' as defined in Sec.  2881.5, under 
the APD regulations. Once a pipeline or related facility leaves the 
surface use plan of operation area and is outside the boundary of the 
lease area it will be considered ``off lease'' and, at the lease 
boundary, becomes an activity processed under these regulations to the 
extent it is still on Federal land and subject to paragraph (b). 
Moreover, pipelines and related facilities operated by a party who is 
not the lessee or lease operator of a Federal oil and gas lease or that 
are downstream from a custody transfer metering device will be 
processed under these regulations regardless of whether the pipelines 
and related facilities are on or off lease.
    These changes do not impact oil and gas operators, who must still 
coordinate with the BLM to manage their pipelines and related 
facilities. This rule ensures consistency in BLM operations and how 
these facilities are managed under these regulations.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2881.8 Severability
    The BLM is redesignating Sec.  2881.9 as 2881.8 to be consistent 
with the numbering of the equivalent sections in parts 2800 and 2860. 
This section of the rule states that if a court holds any provisions of 
the rules in this part or their applicability to any person or 
circumstances invalid, the remainder of these rules and their 
applicability to other people or circumstances should not be affected. 
If any portion of this final rule were to be stayed or invalidated by a 
reviewing court, the remaining elements would continue to provide BLM 
with important and independently effective tools relating to the 
administration of its ROW program.

[[Page 25949]]

Subpart 2883--Qualifications for Holding MLA Grants and TUPs
Section 2883.14 What happens to my grant or TUP if I die?
    Because an application is not an inheritable interest, the BLM is 
changing the title of this section from ``What happens to my 
application, grant, or TUP if I die?'' to ``What happens to my grant or 
TUP if I die?'' Paragraph (a) has been revised to remove the reference 
to the applicant and the application.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Subpart 2884--Applying for MLA Grants or TUPs
Section 2884.11 What information must I submit in my application?
    This rule revises Sec. Sec.  2884.11(a) and 2884.11(c)(6) for 
consistency with Sec.  2804.12. For a detailed discussion of commenter 
suggestions and changes to this section, see the preamble discussion of 
Sec.  2804.12.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2884.12 What are the fee categories for cost recovery?
    The rule revises the title of this section to read, ``What are the 
fee categories for cost recovery?'' for consistency with Sec.  2804.14. 
For a detailed discussion of the other changes to this section, please 
see the preamble discussion of Sec.  2804.14.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2884.13 When will the BLM waive cost recovery fees?
    The rule revises the title of this section to read ``When will the 
BLM waive cost recovery fees?'' rather than ``Who is exempt from paying 
processing and monitoring fees?'' The BLM is amending Sec.  2884.13 for 
consistency with Sec.  2804.16. For a detailed discussion of these 
changes, please see the preamble discussion of Sec.  2804.16.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2884.14 When does the BLM reevaluate the cost recovery fees?
    The rule revises the title of this section to change ``processing 
and monitoring'' to ``cost recovery.'' This change is consistent with 
the proposed changes to Sec.  2804.15.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2884.15 What is a Master Agreement (Cost Recovery Category 5) 
and what information must I provide to the BLM when I request one?
    The rule amends Sec.  2884.15 to clarify the use of a Master 
Agreement and to replace the term ``processing and monitoring'' with 
``cost recovery'' to be inclusive of administrative actions. These 
changes are consistent with the changes to Sec.  2804.17. For a more 
detailed discussion of these changes, please see the preamble 
discussion of Sec.  2804.17.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2884.16 What provisions do Master Agreements contain and what 
are their limitations?
    The rule amends provisions in Sec.  2884.16(a) that describe how 
processing and monitoring activities are included in a Master 
Agreement. Section 2884.16(c) was added to clarify that a Master 
Agreement will waive a holder's rights to request a reduction in cost 
recovery fees. This is the current practice of the BLM and is not a 
substantive change. These changes are consistent with the amendments to 
Sec.  2804.18. For a more detailed discussion of these revisions, 
including changes to the final rule, please see the preamble discussion 
of Sec.  2804.18.
Section 2884.17 How will the BLM manage my Category 6 project?
    The rule amends Sec.  2884.17 by revising the heading to read ``How 
will the BLM manage my Category 6 project?'' The BLM also revised Sec.  
2884.17(a) to include processing and monitoring activities. Revised 
Sec.  2884.17(b) describes what the BLM will do in monitoring a grant. 
Paragraph (b)(4) of this section states that the BLM could collect a 
deposit before beginning work on a Category 6 project. These changes 
are consistent with the amendments to Sec.  2804.19. For a more 
detailed discussion of these revisions, please see the preamble 
discussion of Sec.  2804.19.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2884.21 How will the BLM process my application?
    The rule amends Sec.  2884.21 for consistency with the revisions 
made to Sec.  2804.25. For a more detailed discussion of these 
revisions, please see the preamble discussion of Sec.  2804.25.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2884.23 Under what circumstances may the BLM deny my 
application?
    The rule revises paragraph (a)(6) of this section, which states 
that the BLM could deny your ROW application if you fail to comply with 
a deficiency notice. This revision makes this paragraph consistent with 
Sec. Sec.  2804.26 and 2864.26.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2884.24 What fees must I pay if the BLM denies my application, 
or if I withdraw my application or relinquish my grant or TUP?
    The rule amends Sec.  2884.24 to provide consistency with Sec.  
2804.27. For a more detailed discussion of these amendments, please see 
the preamble discussion of Sec.  2804.27.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2884.27 What additional requirements are necessary for grants 
for pipelines 24 or more inches in diameter?
    The rule amends Sec.  2884.27 by revising the title to read, ``What 
additional requirements are necessary for grants for pipelines 24 or 
more inches in diameter?'' Also, this section is revised to remove any 
reference to a temporary use permit (TUP). Currently, any time a new 
grant or TUP application is filed with the BLM and the project involves 
a pipeline 24 or more inches in diameter, the regulations require BLM 
to notify Congress of the filed application.
    This rule eliminates the requirement to report a TUP for several 
reasons. The Mineral Leasing Act, which draws a distinction between 
ROWs and temporary permits, see 30 U.S.C. 185(e), requires 
Congressional notification only for ROWs. 30 U.S.C. 185(w). Extending 
this statutory requirement to TUPs, which authorize activities that are 
only of a temporary and limited nature, creates a significant, 
unnecessary workload for BLM offices, the Department, and Congress.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.

[[Page 25950]]

Subpart 2885--Terms and Conditions of MLA Grants and TUPs
Section 2885.12 What rights does a grant or TUP provide?
    The rule amends the title of Sec.  2885.12 from ``What rights does 
a grant or TUP convey?'' to ``What rights does a grant or TUP 
provide?'' to be clear that the BLM does not convey any ownership 
rights to a ROW holder.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2885.17 What happens if I do not pay rents and fees or if I pay 
the rents or fees late?
    The rule amends Sec.  2885.17 to provide consistency with Sec.  
2806.13. For a more detailed discussion of these changes, please see 
the preamble discussion of Sec.  2806.13.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2885.19 What is the rent for a linear right-of-way grant?
    The rule revises paragraph (b) to update the contact address of the 
BLM and highlight availability of the Per Acre Rent Schedule on the BLM 
website.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2885.24 If I hold a grant or TUP, what cost recovery fees must 
I pay?
    The rule amends the title for Sec.  2885.24 to read, ``If I hold a 
grant or TUP, what cost recovery fees must I pay?'' to include 
permitting and monitoring activities. The rule revises Sec. Sec.  
2885.24(a) and 2885.24(b) and adds a new Sec.  2885.24(c). Section 
2885.24(a) now refers you to Sec.  2884.12(b) for the descriptions of 
the minor category fees. Section 2885.24(b) states that Categories 1 
through 4 will be updated on an annual basis. New Sec.  2885.24(c) 
explains how to obtain a copy of the current cost recovery fee 
schedule.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Subpart 2886--Operations on MLA Grants and TUPs
Section 2886.17 Under what conditions may the BLM suspend or terminate 
my grant or TUP?
    Section 2886.17 is revised to add a new paragraph (c)(3), which 
states that the BLM may terminate your grant or TUP if it is terminated 
by court order. If a court were to terminate a grant or TUP, the BLM 
must implement the court order. This is not a change to BLM practice 
but provides clarity to the public.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Subpart 2887--Amending, Assigning, or Renewing MLA Grants and TUPs
Section 2887.10 When must I amend my application, seek an amendment of 
my grant or TUP, or obtain a new grant or TUP?
    Section 2887.10(b) is revised to change the term ``processing and 
monitoring'' to ``cost recovery,'' consistent with Sec.  2807.20(b).
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2887.11 May I assign or make other changes to my grant or TUP?
    Section 2887.11(i) is added to clarify that an authorization 
amendment is necessary for a substantial deviation from location or 
use.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2887.12 How do I renew my grant?
    The rule amends Sec.  2887.12 to provide consistency with Sec.  
2807.22. For a more detailed discussion of these changes, please see 
the preamble discussion of Sec.  2807.22.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Subpart 2888--Trespass
Section 2888.10 What is a trespass?
    The BLM revised this paragraph in the final rule to add 
``subleasing'' to the acts that may constitute a trespass, consistent 
with the similar revision to Sec.  2808.10.

Part 2920--Leases, Permits and Easements

Subpart 2920--Leases, Permits and Easements: General Provisions
Section 2920.0-5 Definitions
    Section 2920.0-5 is amended to add the term and a definition of 
``cost recovery'' and is reorganized to be in alphabetical order and to 
make minor, nonsubstantive language changes.
    The final rule includes only minor, nonsubstantive changes to the 
version of this section that appeared in the proposed rule.
Section 2920.6 Payment of Cost Recovery Fees
    The title of Sec.  2920.6 is amended from ``Reimbursement of 
costs'' to ``Payment of cost recovery fees,'' and the content of the 
section is updated to reflect this change. The change better explains 
the process of collecting estimated cost recovery fees before the work 
is performed rather than afterward through reimbursement.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.
Section 2920.8 Fees
    Section 2920.8 is amended by revising Sec.  2920.8(b) to say, 
``cost recovery fees,'' to provide consistency with the revisions made 
to part 2800.
    The final rule makes no changes to the version of this section that 
appeared in the proposed rule.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866, 14094 and 
13563)

    Executive Order (E.O.) 12866 (58 FR 51725, October 4, 1993), as 
amended by E.O. 14094, provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) 
will review all significant rules. E.O. 13563 (76 FR 3821, January 11, 
2011) reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, reduce uncertainty, and use the best, most innovative, 
and least burdensome tools for achieving regulatory ends. The E.O. 
directs agencies to consider regulatory approaches that reduce burdens 
and maintain flexibility and freedom of choice for the public where 
these approaches are relevant, feasible, and consistent with regulatory 
objectives. E.O. 13563 emphasizes further that regulations must be 
based on the best available science and that the rule making process 
must allow for public participation and an open exchange of ideas. The 
BLM has developed this rule in a manner consistent with these 
requirements. OIRA has concluded that the rule is a significant 
regulatory action.
    This rule would not have a significant effect on the economy. The 
BLM estimated that the rule would have distributional impacts in the 
form of transfer payments of about $3.47 million per year from firms 
and individuals to the BLM. Transfer payments are monetary payments 
from one group to another that do not affect total resources available 
to society.

[[Page 25951]]

    For more detailed information, see the Economic and Threshold 
Analysis prepared for this rule. The economic analysis has been posted 
in the docket for the rule on the Federal eRulemaking Portal: https://www.regulations.gov. In the Searchbox, enter ``RIN 1004-AE60,'' click 
the ``Search'' button, open the Docket Folder, and look under 
Supporting Documents.
    One commenter disagreed with the BLM's findings in the Economic 
Analysis that the rule would not increase the burden on society or 
cause detrimental economic effects and requested that the BLM further 
evaluate the rule's compliance with Executive Orders (E.O.) 12866 and 
13563, with particular focus on how public comment periods could be 
affected by the proposed changes to the regulation.
    The BLM determined that the changes made by this rule are 
administrative or procedural in nature. Additionally, in preparing this 
regulation, the BLM was cognizant of the goal of minimizing economic 
impacts to ROW applicants and holders. For instance, entities that make 
cost recovery payments may take advantage of a Master Agreement which 
in many instances will reduce their costs. Also, there are 
opportunities for users to request reductions in cost recovery payments 
for hardship situations. This rule will not shorten public comment 
periods.
    The BLM has evaluated the rule's compliance with E.O. 12866 and 
13563. Under E.O. 12866, the Office of Information and Regulatory 
Affairs (OIRA) determined that the final rule is a significant 
regulatory action. The rule, like all BLM regulations, will be subject 
to a periodic review under E.O. 13563 to ensure the regulation remains 
necessary.
    There are several provisions in the rule that help ensure the rule 
does not increase the burden on society. For instance, in Sec.  
2804.25, a new paragraph is added to the rule requiring an operating 
plan or agreement for all powerline ROWs, which gives the BLM an 
opportunity to ensure there is, in every instance, a plan to reduce 
risk of wildfire and other adverse impacts. Section 2805.12 includes a 
provision that the BLM may require grant holders to remove facilities 
that pose health and safety risks sooner than 3 months, as is presently 
the case under the existing regulation, thereby potentially reducing 
adverse impacts of projects in such cases. Section 2805.14 enhances 
protection of safety and the environment by removing the word ``minor'' 
from its discussion of removing vegetation. Section 2805.15 includes 
language clarifying that any change in the terms or conditions will 
require a new grant, which may require a fresh environmental analysis 
by the BLM. Section 2806.13 expands the provision for collecting unpaid 
rents, thereby promoting compensation for the use of public lands.

Revitalizing Our Nation's Commitment to Environmental Justice (E.O. 
14096; E.O. 12898)

    Under Executive Order 14096, ``Revitalizing Our Nation's Commitment 
to Environmental Justice for All'' (which builds upon Executive Order 
12898 \1\) agencies must, as appropriate and consistent with applicable 
law, identify, analyze, and address the disproportionate and adverse 
human health and environmental effects (including risks) and hazards of 
rulemaking actions and other Federal activities on communities with 
environmental justice concerns. (88 FR 25251, Apr. 26, 2023). This rule 
streamlines the processing of ROWs and their associated fees and 
requires operations and maintenance plans for powerline ROWs. These 
rule changes are not expected to have an effect on any particular 
population. Therefore, this rule is not expected to negatively impact 
any community and is not expected to cause any disproportionate and 
adverse impacts to communities with environmental justice concerns.
---------------------------------------------------------------------------

    \1\ 59 FR 7629, February 16, 1994.
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Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.). The RFA generally requires that 
Federal agencies prepare a regulatory flexibility analysis for rules 
subject to the ``notice-and-comment'' rulemaking requirements found in 
the Administrative Procedure Act (5 U.S.C. 500 et seq.) if the rule 
would have a significant economic impact, whether detrimental or 
beneficial, on a substantial number of small entities. See 5 U.S.C. 
601-612. Congress enacted the RFA to ensure that government regulations 
do not unnecessarily or disproportionately burden small entities. Small 
entities include small businesses, small governmental jurisdictions, 
and small not-for-profit enterprises.
    The BLM reviewed the Small Business Size standards for 30 affected 
industries. The BLM determined that a large share of the entities in 
the affected industries--in the majority of the industries, over 90% of 
the covered entities at the national level--are small businesses as 
defined by the Small Business Act (SBA).\1\ The BLM's analysis of this 
point is given in Table 3 of the Economic Analysis for this final rule.
---------------------------------------------------------------------------

    \1\ 13 CFR 121.201 and U.S. Census Bureau 2017 Economic 
Analysis.
---------------------------------------------------------------------------

    However, the BLM believes that the impact on the small entities is 
not significant. In the Economic Analysis, the total cost recovery 
payments per year of a small entity are compared to its receipts. Table 
11 in the Economic Analysis gives a break-out of small establishments 
by industry and size class. The table shows the cost recovery payments 
as a percentage of receipts. Cost recovery payments of a small business 
under the final rule are estimated to be $9,000 per year, including an 
incremental $3,500 cost attributable to the rule. For most of the size 
categories, cost recovery charges as a percentage of receipts are less 
than 1%.
    Moreover, section 2804.21 of the BLM's regulations currently 
provides that the BLM may account for financial hardship on a case-by-
case basis when determining cost recovery fees, providing an avenue for 
relief for small businesses if they are meaningfully impacted by cost 
recovery payments.
    Further, the rule will benefit small businesses by streamlining the 
BLM's processes.
    For the purpose of carrying out its review pursuant to the RFA, we 
certify that the rule will not have a ``significant economic impact on 
a substantial number of small entities,'' as that phrase is used in 5 
U.S.C. 605. A regulatory flexibility analysis is therefore not 
required.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act, 5 U.S.C. 804(2). This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The rule will result in additional cost recovery payments (or 
receipts to the United States Government) paid mostly by firms and 
individuals. These payments are ``transfer payments.'' Transfer 
payments are monetary payments from one group to another that do not 
affect total resources available to society.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The BLM determined that the relatively 
minor increase in minor category fees will not

[[Page 25952]]

pose an impact to small businesses. As explained above, cost recovery 
payments for a small business under the final rule are estimated to be 
$9,000 per year, including an incremental $3,500 cost attributable to 
the rule. Table 11 of the Economic Analysis shows that for most 
industry and size categories, cost recovery payments as a percentage of 
receipts are less than 1%. In a few industries, for the smallest size 
categories, cost recovery payments exceed 1% of receipts. In such 
cases, it is important to note that section 2804.21 of the BLM's 
existing regulations provides that the BLM may account for financial 
hardship on a case-by-case basis when determining cost recovery fees. 
Further, there are aspects of the rule that will provide operating 
flexibility for small businesses, likely allowing them to manage their 
powerline and communications site ROWs more efficiently or at reduced 
cost.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
rule will not have adverse effects on any of these criteria. It will 
encourage the development of communications uses in rural areas in 
accordance with E.O. 13821 and the MOBILE NOW Act.

Unfunded Mandates Reform Act

    Under the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531 et 
seq.), agencies must prepare a written statement about benefits and 
costs, prior to issuing a final rule that may result in aggregate 
expenditure by State, local, and Tribal governments, or by the private 
sector, of $100 million or more in any one year.
    This rule is not subject to the requirements under the UMRA. The 
rule does not contain a Federal mandate that may result in expenditures 
of $100 million or more for State, local, or Tribal governments, in the 
aggregate, or to the private sector in any 1 year. The rule will not 
significantly or uniquely affect small governments. A statement 
containing the information required by the UMRA is not required.

Governmental Actions and Interference With Constitutionally Protected 
Property Right--Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under E.O. 12630. Section 2(a) of E.O. 12630 
(53 FR 8859, March 15, 1988) identifies policies that do not have 
takings implications, such as those that abolish regulations, 
discontinue governmental programs, or modify regulations in a manner 
that lessens interference with the use of private property. This rule 
will not interfere with private property. A takings implication 
assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132 (64 FR 43255, August 
4, 1999), this rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. It 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. A federalism summary impact statement is not required.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988 (61 FR 4729, 
February 5, 1996). Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175, E.O. 14112, and Departmental Policy)

    The Department strives to strengthen its government-to-government 
relationship with Indian Tribes through a commitment to consultation 
with Indian Tribes and recognition of their right to self-governance 
and Tribal sovereignty.
    In accordance with E.O. 13175 (65 FR 67249, November 9, 2000) and 
E.O. 14112 (88 FR 86021, December 11, 2023), the BLM has evaluated this 
rulemaking and determined that it would not have substantial direct 
effects on federally recognized Indian tribes. Nevertheless, on a 
government-to-government basis the BLM initiated consultation with 
Tribal governments that wished to discuss the rule.
    In August 2021, the BLM sent a letter to federally recognized 
Indian Tribes and Alaska Native Corporations notifying them about the 
BLM's intent to pursue this rulemaking. In that letter, the BLM invited 
the tribes to government-to-government consultation. On October 28, 
2021, the BLM met with Ahtna, Inc., an Alaska Native Regional 
Corporation, to discuss this and other BLM rulemakings. Ahtna 
encouraged BLM to work with other state land management agencies, asked 
for clarification of the Tribal consultation process during the BLM 
rulemaking process, and requested a timeline for implementation of the 
rule and the new cost recovery schedule. On December 1, 2021, the BLM 
met with the Santa Rosa Rancheria Tachi-Yokut Tribe to discuss this and 
other BLM rulemakings. The Tribe asked whether the time requirements 
for processing applications in the MOBILE NOW Act would eliminate or 
reduce Tribal consultation. Neither the MOBILE NOW Act nor this rule 
alters the BLM's responsibility to consult with Tribes. Tribal 
consultation will continue consistent with applicable law and policy. 
The Tribe also requested a timeline for when the rule would be 
finalized. The rule will take effect 30 days after it is published in 
the Federal Register.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    The Paperwork Reduction Act (PRA) generally provides that an agency 
may not conduct or sponsor, and not withstanding any other provision of 
law a person is not required to respond to, a collection of 
information, unless it displays a currently valid Office of Management 
and Budget (OMB) control number. Collections of information include any 
request or requirement that persons obtain, maintain, retain, or report 
information to an agency, or disclose information to a third party or 
to the public (44 U.S.C. 3502(3) and 5 CFR 1320.3(c)). This rule 
contains new information collections that require OMB approval under 
the PRA. The BLM may not conduct or sponsor and, notwithstanding any 
other provision of law, you are not required to respond to a collection 
of information unless it displays a currently valid OMB control number.
    The information collection activities associated with the 
application process in this rule require the use of SF-299 (Application 
for Transportation, Utility Systems, Telecommunications and Facilities 
on Federal Lands and Property) and the Communications Site Tenant/
Customer Inventory Certification of Facility Owner or Manager. The OMB 
has previously approved the information collection requirements 
associated with BLM's use of Common Form SF-299 as part of the 
application process. You may view the BLM's approved Request for use of 
the Common Form at http://www.reginfo.gov/public/do/PRAMain. 
Additionally, Sec.  2884.11 refers to BLM

[[Page 25953]]

forms Application for Permit to Drill or Reenter (BLM Form 3160-3) and 
Sundry Notice and Report on Wells (BLM Form 3160-5). These forms are 
part of the requirements for applying for MLA Grants or TUPs. The 
information required as part of these applications is contained in the 
current regulations under this paragraph and is currently approved by 
OMB under OMB control number 1004-0137. The rule would not change these 
forms, nor the associated information collected as part of the 
application requirements.
    This rule includes provisions pertaining to non-hour burdens 
authorized by FLPMA and the MLA. FLPMA is the only authority under 
which communications uses on BLM-managed lands may be authorized. 
However, both FLPMA (43 U.S.C. 1734(b) and 1764(g)) and the MLA (30 
U.S.C. 185(l)) authorize the BLM and other applicable Federal agencies 
to collect funds from ROW applicants or holders to reimburse an agency 
for expenses incurred while processing an application and monitoring a 
grant. When this rule becomes effective, the BLM will include non-hour 
burdens for other uses (e.g., electric generation and pipelines) in 
requests to revise OMB Control Numbers 1004-0137 (Onshore Oil and Gas 
Operations and Production) and 1004-0206 (Competitive Processes, Terms 
and Conditions for Leasing of Public Lands for Solar and Wind Energy 
Development).
    The information collection requirements identified below require 
approval by OMB:
    (1) Appeals/Petitions for a Stay (43 CFR 2801.10 and 43 CFR 
2881.10)--Current regulations at 43 CFR 2801.10 and 43 CFR 2881.10 
provide a process for applicants to appeal a BLM decision issued under 
the regulations in parts 2800 and 2880, respectively, in accordance 
with part 4 of Title 43. All BLM decisions under parts 2800 and 2880 
remain in effect pending appeal unless the Secretary of the Interior 
rules otherwise, or as noted in the respective part. The applicant may 
petition for a stay of a BLM decision under part 4 with the 
Department's Office of Hearings and Appeals. Unless otherwise noted, 
the BLM would take no action on the application while the appeal is 
pending. (43 CFR 2801.10(b), 2881.10(b).)
    (2) Designation of Agent or Third Party (43 CFR 2803.11)--
Amendments to Sec.  2803.11 require notification of an intent to 
designate another person or entity to act on behalf of a holder of a 
FLPMA grant (i.e., any authorization or instrument issued under FLPMA 
Title V, 43 U.S.C. 1761-1772). This is a new information collection 
activity, although existing Sec.  2803.11 states that another person 
may act on the holder's behalf if the holder has ``authorized the 
person to do so under the laws of the State where the ROW is or will be 
located.'' These amendments retain the existing language and, in 
addition, require the following in a designation notification:

    (A) Notify the BLM office having jurisdiction over the grant in 
writing of their intention and provide a copy of the Power of 
Attorney, if one exists; and
    (B) Provide and maintain the current contact information for the 
intended agent.

    If an applicant designates an agent or third party to act on their 
behalf, they are still responsible for following the terms and 
conditions of the grant. In addition, these amendments require the 
holder of the grant to maintain current contact information for the 
intended agent.
    (3) Request for a Master Agreement (43 CFR 2804.17 and 43 CFR 
2884.15)--Sections 2804.17 and 2884.15 describe the information a 
holder of a FLPMA grant, MLA grant, or TUP must provide to the BLM when 
requesting a ``Master Agreement (Cost Recovery Category 5).'' A Master 
Agreement, as described in Sec. Sec.  2804.17 and 2884.15, is a written 
agreement covering processing and monitoring fees negotiated between 
the BLM and the holder. The term ``Cost Recovery Category 5'' refers to 
agreements involving multiple BLM grant approvals within defined 
geographic areas. As amended, Sec. Sec.  2804.17 and 2884.15 will 
further define Cost Recovery Category 5 as involving projects within 
defined geographic areas ``or for a specific common activity for many 
projects.'' These are the only amendments to Sec. Sec.  2804.17 and 
2884.15.
    Sections 2804.17 and 2884.15 require that a request for a Master 
Agreement include:
    (A) A description of the geographic area covered by the Agreement 
and the scope of the activity the holder plans;
    (B) A preliminary work plan that states what work the holder must 
do and what work the BLM must do to process the application;
    (C) A preliminary cost estimate and a timetable for processing the 
application and completing the projects;
    (D) A statement whether the holder wants the Agreement to apply to 
future applications in the same geographic area that are not part of 
the same projects; and
    (E) Any other relevant information that the BLM needs to process 
the application (e.g., financial information, maps, environmental or 
cultural data about the area covered by the application and/or grants).
    (4) Written Agreements--Category 6 Projects (43 CFR 2804.19 and 43 
CFR 2884.17)--The term ``Cost Recovery Category 6'' refers to 
agreements involving a large scale or highly complex FLPMA grant, MLA 
grant, or TUP approval. As amended, Sec. Sec.  2804.14 and 2884.12 
define Cost Recovery Category 6 to include activities that will require 
more than 64 hours or require an environmental impact statement. For 
Category 6 applications, the applicant and the BLM must enter into a 
written agreement that describes how the BLM will process the 
application and monitor the grant. The BLM may require that the final 
agreement contains a work plan and a financial plan, and a description 
of any existing agreements they have with other Federal agencies for 
cost reimbursement associated with the application or grant.
    For the BLM to determine reasonable costs associated with a 
Category 6 project, the written agreement must include a written 
analysis of those factors applicable to the project, unless the 
applicant agrees in writing to waive consideration of reasonable costs 
and elects to pay actual costs. The BLM may require the applicant to 
submit additional information in support of their position.
    (5) Analysis of Factors--Cost Recovery Fee Determination (43 CFR 
2804.21)--Along with the written application, applicants may submit 
their analysis of how each of the factors, as applicable, in Sec.  
2804.21(a) pertains to their application. The BLM will notify the 
applicant in writing of the fee determination.
    (6) Withdrawing Applications/Relinquishing Grants (43 CFR 2804.27 
and 43 CFR 2884.24)--Applicants may withdraw their application in 
writing before the BLM issues a grant. Grant holders may request to 
relinquish their grant in writing. If they withdraw their application 
or relinquish their grant, they are liable for all processing costs the 
United States has incurred up to the time of the withdrawal or 
relinquishment and for the reasonable costs of termination proceedings. 
Any money not paid by the applicant is due within 30 calendar days 
after receiving a bill for the amount due. Any money paid by the 
applicant that is not used to cover costs the United States incurred as 
a result of their application will be refunded to them.
    (7) Request for Alternative Requirement (43 CFR 2804.40)--If the 
applicant is unable to meet any of the requirements in subpart 2804, 
they may request approval for an alternative

[[Page 25954]]

requirement from the BLM. Any such request is not approved until the 
BLM provides their approval in writing. The request for alternative 
must:
    (A) Show good cause for the applicant's inability to meet a 
requirement;
    (B) Suggest an alternative requirement and explain why that 
requirement is appropriate; and
    (C) Be received in writing by the BLM before the deadline of a 
particular requirement has passed.
    (8) Request for Extension (43 CFR 2805.12(c)(5))--Grant holders 
must take appropriate remedial action within 30 days after receipt of a 
written noncompliance notice unless they have been provided an 
extension of time by the BLM. Alternatively, they must show good cause 
for any delays in repairs, use, or removal; estimate when corrective 
action will be completed; provide evidence of diligent operation of the 
facilities; and submit a written request for an extension of the 30-day 
deadline. If they do not comply with this provision, the BLM may 
suspend or terminate the authorization.
    (9) Rights the United States Retains--Financial Documents (43 CFR 
2805.15)--The amendment to Sec.  2805.15 adds to the list of rights 
retained by the United States the right to require a holder to submit 
applicable financial documents and supporting documents including, but 
not limited to, contractual and subleasing agreements. This amendment 
is consistent with the requirements of existing Sec.  2805.12(a)(15).
    (10) Operating Plans or Agreements (43 CFR 2804.25(c)(2) and 43 CFR 
2805.21(a))--Paragraphs 2804.25(c)(2) and 2805.21(a) require an 
operating plan or agreement for all new powerline ROWs. Applications to 
amend and renew powerline ROWs must follow the same procedures as 
applications for new ROWs and are subject to this requirement. Existing 
holders of powerline ROWs are not required to submit an operating plan 
or agreement under the rule until they renew or amend their grant but 
may submit such plans on a voluntary basis. Holders of ROWs may submit 
an operating plan or agreement to the BLM on a voluntary basis even if 
their ROW is not for a powerline.
    Under existing Sec.  2804.25(c), the BLM may require applicants to 
submit a POD for a ROW, as necessary. Paragraph 2805.21(c) describes 
requirements of the operating plans or agreements that powerline ROW 
applicants are required to submit.
    (A) Plan requirements: An operating plan or agreement must:
    (i) Identify the applicable facilities to be maintained;
    (ii) Take into account the holder's own operations and maintenance 
plans for the applicable ROW;
    (iii) Include the vegetation management, inspection, operation and 
maintenance methods that may be used to comply with applicable law, 
including fire safety requirements and reliability standards 
established by the ERO;
    (iv) Include schedules for:
    (a) The applicable owner or operator to notify the BLM about non-
emergency routine and major maintenance;
    (b) The applicable owner or operator to request approval from the 
BLM about undertaking non-emergency routine and major maintenance; and
    (c) The BLM to respond to a request by an owner or operator;
    (v) Describe processes for:
    (a) Identifying changes in conditions; and
    (b) Modifying the approved operating plan or agreement, if 
necessary; and
    (vi) Provide for the disposition of cut trees and branches, 
including plans for sale of forest products.
    (11) Modification of Operating Plans or Agreements (43 CFR 
2805.21(e))--Paragraph 2805.21(e) provides that the BLM will notify the 
holder if an operating plan or agreement requires modifications. The 
BLM will provide advance reasonable notice to the holder that a 
modification is necessary, and the holder would submit the proposed 
modification to the BLM. The BLM will review and approve the operating 
plan or agreement modification in the timeframe identified for 
submitting new approvals. Under Sec.  2805.21(e)(4), the holder may 
continue to operate and maintain the ROW or facility in accordance with 
the approved operating plan or agreement, if the activity does not 
conflict with the identified condition that requires a plan 
modification.
    (12) Agreements in Lieu of Operating Plans (43 CFR 2805.21(f))--
Paragraph 2805.21(f) provides that certain holders may enter into an 
agreement with the BLM in lieu of an operating plan. Agreements need to 
include schedules, as described in section 2805.21(c)(4) and are 
subject to the same modification requirements of section 2805.21(e).
    (13) Notifications--Emergency Conditions (43 CFR 2805.22(a))--
Owners or operators of electric transmission or distribution lines will 
notify the authorized officer not later than 1 day after the date of 
their response to emergency conditions.
    (14) Request for Approval--Non-Emergency Conditions (43 CFR 
2805.22(b))--Owners or operators must request approval from the BLM for 
a proposed activity if their plan:
    (A) Requires them to seek specific approval for the proposed 
activity; or
    (B) Does not address the proposed activity. They may also need to 
amend their operating plan or agreement if they anticipate conducting 
this activity on a recurring basis.
    (15) Phasing Rent--Hardship (43 CFR 2806.22 & 43 CFR 2866.31)--The 
BLM uses separate rental schedules for linear ROWs (see Sec.  2806.22) 
and for communications uses grants (see Sec.  2866.30). When the BLM 
adjusts its rental schedule under these sections, some holders' rents 
may increase dramatically. The rule includes provisions in each of 
these sections (see Sec. Sec.  2806.22(c) and 2866.30) to provide 
holders experiencing undue hardship with the option to phase in the 
cost difference over a 3-year period. If a holder's rent would more 
than double from the previous year, the holder may request a phase-in 
of the increased rent in accordance with Sec.  2806.15(b)(5).
    (16) Amendments (43 CFR 2807.20 and 43 CFR 2887.10)--Applicants 
must amend their application or seek an amendment of their grant when 
there is a proposed substantial deviation in location or use. The 
requirements to amend an application or grant are the same as those for 
a new application, including paying cost recovery fees and rent 
according to Sec. Sec.  2804.14, 2805.16, and 2806.10.
    (17) Renewals (43 CFR 2807.22 and 43 CFR 2887.12)--Applicants must 
submit an application to renew their existing grant at least 120 days 
prior to grant expiration.
    (18) Request for Preliminary Application Review (43 CFR 2864.10)--
In addition to the provisions listed in Sec.  2804.10, before filing 
their application, the applicant should:
    (A) Schedule a preliminary application review meeting with the 
appropriate personnel in the BLM field office with jurisdiction over 
the lands the applicant seeks to use. During the preliminary 
application review meeting, the BLM can:
    (i) Identify potential constraints;
    (ii) Determine whether the lands are located inside a 
communications site management plan area;
    (iii) Tentatively schedule the processing of the proposed 
application; and
    (iv) Inform the applicant of financial obligations, such as 
processing and monitoring costs and rents.

[[Page 25955]]

    (B) Request a copy of the most recent communications site 
management plan for that site, if one is available.
    (C) Ensure the applicant has all other necessary licenses, 
authorizations, or permits required for the operation of the facility.
    (19) Request for Exemption (43 CFR 2806.14 and 43 CFR 2866.14)--
Applicants for or holders of an authorization for electric or telephone 
facilities may request an exemption if they were financed in whole or 
in part by, or were eligible for financing under, the Rural 
Electrification Act of 1936, as amended (REA) (7 U.S.C. 901 et seq.) or 
if their facilities are extensions of facilities that are exempt from 
paying rental. This exemption may be requested during the application 
process for a new grant, or an existing grant holder may request an 
exemption if they are now eligible after a change in policy. The BLM 
issued an Instruction Memorandum in 2016 (IM-2016-122) after a 
Memorandum of Understanding in 2014 established the new policy. Holders 
do not need to have sought financing from the Rural Utilities Service 
to qualify for this exemption. Holders will need to document the 
facility's eligibility for REA financing.
    (20) Request for Waiver or Reduction in Annual Rent (43 CFR 
2806.15, 43 CFR 2866.15, and 43 CFR 2866.30)--A holder may request a 
rent waiver or reduction if paying the full rent would cause the holder 
undue hardship and it is in the public interest to waive or reduce the 
rent. For example, an undue hardship can be a financial impact on a 
small business, or it could involve situations where there is a need to 
relocate the facility to comply with public health and safety or 
environmental protection laws not in effect at the time the original 
grant was issued. The holder would need to submit information to 
support an undue hardship claim. Several other sections of the rule 
allow a holder to request a waiver or reduction to their rent under the 
provisions of Sec. Sec.  2806.15, 2866.15, and 2866.30.
    (21) Annual Statement (43 CFR 2866.31(c))--By October 15 of each 
year, communications uses grant holders must submit to the BLM a 
certified statement listing any tenants and customers in their facility 
or facilities and the category of use for each tenant or customer as of 
September 30 of the same year. The BLM may require grant holders to 
submit additional information to calculate their rent. The BLM will 
determine the rent based on the annual inventory certification 
statement provided. The BLM requires only facility owners or facility 
managers to hold a grant (unless they are an occupant in a federally 
owned facility as described in Sec.  2866.42) and will charge rent for 
grants based on the total number of communications uses within the 
right-of-way and the type of uses and population strata the facility or 
site serves. Failure to submit the annual inventory certification (by 
electronic correspondence or postmarked) by October 15 may result in 
the grantee not receiving any discounts, reductions, exemptions, or 
waivers (see Sec. Sec.  2866.14, 2866.15, and 2866.34), for which they 
may have been entitled.
    (22) Request to Authorize Facilities Under a Single Grant (43 CFR 
2866.38)--Applicants holding authorizations for two or more facilities 
on the same communications site may submit a written request to 
authorize those facilities under a single grant.
    (23) Environmental Impact Statement (43 CFR 2804.14(e), 43 CFR 
2884.12(e))--In processing an application, the BLM may determine at any 
time that an Environmental Impact Statement (EIS) is necessary to 
evaluate the application. The EIS may be prepared by the applicant, the 
BLM, or by both parties.
    A summary of the information collection burdens imposed by this 
rule is provided below. A detailed analysis of each information 
collection as contained in this rule is provided in the information 
collection request that has been submitted to OMB for review under the 
PRA.
    Title of Collection: Communications Uses Program, Cost Recovery Fee 
Schedules, and Section 512 of FLPMA for Rights-of-Way.
    43 CFR parts 2800, 2860, 2880 and 2920.
    OMB Control Number: 1004-0219.
    Form Numbers: SF-299 (Burden approved by OMB in Request for Common 
Form under OMB Control No. 0596-0249); BLM Forms 3160-3 and 3160-5 
(Burden approved by OMB under OMB Control No. 1004-0137).
    Type of Review: New Collection.
    Respondents/Affected Public: Individuals, private sector, and 
State/local/Tribal governments who seek or hold rights-of-way on public 
lands.
    Respondent's Obligation: Required to Obtain or Retain a Benefit.
    Frequency of Collection: On occasion and annually for the Annual 
Statement required in 43 CFR 2866.31.
    Number of Respondents: 5,554.
    Annual Responses: 5,554.
    Total Annual Burden Hours: 187,816.
    Average Response Time: Varies from 4 to 40 hours depending on 
actively.
    Total Annual Cost Burden (non-hour burden): $15,790,000.
    If you want to comment on the information-collection requirements 
in this rule, please send your comments and suggestions on this 
information-collection request within 30 days of publication of this 
final rule in the Federal Register to OMB at www.reginfo.gov. Click on 
the link, ``Currently under Review--Open for Public Comments.''

National Environmental Policy Act

    The BLM determined the promulgation of this final rule is 
administrative and procedural in nature and that whatever environmental 
effects it may have are too broad, speculative, or conjectural to lend 
themselves to meaningful analysis at this stage. Future actions 
implementing the final rule will be subject to NEPA, either 
collectively or case by case. The BLM also determined that the rule 
does not involve any of the extraordinary circumstances listed in 43 
CFR 46.215 that would require further analysis under NEPA. Therefore, 
the action is categorically excluded from environmental review under 
NEPA. 43 CFR 46.210(i). The BLM has documented this categorical 
exclusion's applicability to this action and posted it for public 
review. See DOI-BLM-WO-3500-2022-0002-CX at www.regulations.gov.
    One commenter expressed concern that outreach efforts associated 
with the rule limited public awareness and opportunity to comment on 
the rule's environmental impacts as part of a NEPA process. This 
commenter also disagreed with the BLM's determination that the rule is 
categorically excluded from further documentation under NEPA in 
accordance with 43 CFR 46.210(i) and requested a more detailed 
environmental analysis. Another commenter expressed concern that 
inclusion of temporary access rights in grants could establish a 
precedent for future action, which could be deemed to be an 
``extraordinary circumstance,'' identified at 43 CFR 46.215(e), that 
makes application of the categorical exclusion inappropriate.
    The BLM followed all requirements to publish a proposed rule. The 
BLM also prepared a communication plan, posted content to the website 
and on social media, and published a news release. Additionally, the 
BLM re-opened the comment period to allow further comments.
    Additional process under NEPA is not required for this rule because 
a categorical exclusion applies. The BLM determined that the changes 
made by this rule are administrative or procedural in nature and that 
the

[[Page 25956]]

environmental effects of the rule are too speculative at this stage for 
meaningful analysis. 43 CFR 46.210(i). Actions taken to implement the 
procedures in this rule will be subject to NEPA.
    The BLM does not share the commenter's concern that granting 
temporary access rights for a ROW will establish a precedent for 
granting future action. Each application submitted to the BLM is 
evaluated on an individual basis, and granting temporary access rights 
for a particular ROW application does not create a precedent for future 
action on other applications.
    The BLM has determined that none of the extraordinary circumstances 
applies. See Categorical Exclusion, DOI-BLM-WO-3500-2022-0002-CX at 
www.regulations.gov.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (E.O. 13211)

    This rule is not a significant energy action under E.O. 13211 (66 
FR 28355, May 22, 2001). Section 4(b) of E.O. 13211 defines a 
``significant energy action'' as ``any action by an agency (normally 
published in the Federal Register) that promulgates or is expected to 
lead to the promulgation of a final rule or regulation, including 
notices of inquiry, advance notices of proposed rulemaking, and notices 
of proposed rulemaking: (1)(i) that is a significant regulatory action 
under E.O. 12866 or any successor order, and (ii) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (2) that is designated by the Administrator of OIRA as a 
``significant energy action.''
    The BLM reviewed the rule and determined that it is not a 
significant energy action as defined by E.O. 13211. A Statement of 
Energy Effects is not required.

Authors

    The principal authors of this rule are: Stephen Fusilier, BLM 
Division of Lands, Realty and Cadastral Survey; Erica Pionke, BLM 
Division of Lands, Realty and Cadastral Survey; Robert Wilson, BLM 
Division of Lands, Realty and Cadastral Survey; Delissa Minnick, BLM 
Division of Lands, Realty and Cadastral Survey; Jeff Holdren, BLM 
Division of Lands, Realty and Cadastral Survey; Jennifer Noe, BLM 
Division of Regulatory Affairs; assisted by the DOI Office of the 
Solicitor.
    This action by the Principal Deputy Assistant Secretary is taken 
pursuant to an existing delegation of authority.

Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.

List of Subjects

43 CFR Part 2800

    Electric power, Highways and roads, Penalties, Public lands and 
rights-of-way, Reporting and recordkeeping requirements.

43 CFR Part 2860

    Communications, Penalties, Public lands and rights-of-way, 
Reporting and recordkeeping requirements.

43 CFR Part 2880

    Administrative practice and procedures, Common carriers, Pipelines, 
Federal lands and rights-of-way, Reporting and recordkeeping 
requirements.

43 CFR Part 2920

    Penalties, Public lands, Reporting and recordkeeping requirements.

    Accordingly, for the reasons stated in the preamble, the BLM is 
amending 43 CFR chapter II as set forth below:

PART 2800--RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND 
MANAGEMENT ACT

0
1. The authority citation for part 2800 continues to read as follows:

    Authority: 43 U.S.C. 1733, 1740, 1763, and 1764.

Subpart 2801--General information

0
2. Amend Sec.  2801.2 by revising paragraph (c) to read as follows:


Sec.  2801.2  What is the objective of the BLM's right-of-way program?

* * * * *
    (c) Promotes the use of rights-of-way in common wherever practical, 
considering engineering and technological compatibility, national 
security, and land use plans; and
* * * * *

0
3. Amend Sec.  2801.5 by
0
a. In paragraph (a), removing the acronym ``RMA'';
0
b. Revising and republishing paragraph (b).
    The revision and republication reads as follows:


Sec.  2801.5  What acronyms and terms are used in the regulations in 
this part?

    (a) * * *
    (b) Terms. As used in this part, the term:
    Acreage rent means rent assessed for solar and wind energy 
development grants and leases that is determined by the number of acres 
authorized for the grant or lease.
    Act means the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.).
    Actual costs means the financial measure of resources the Federal 
government expends or uses in processing a right-of-way application or 
in monitoring the construction, operation, and termination of a 
facility authorized by a grant or permit. Actual costs includes both 
direct and indirect costs, exclusive of management overhead costs.
    Ancillary means a secondary use entirely within the scope of a 
primary authorization that is for the sole purpose of supporting the 
operations allowed by that primary authorization and that the same 
holder of the primary authorization does not make available to third 
parties through commercial sales.
    Application filing fee means a filing fee specific to solar and 
wind energy applications. This fee is an initial payment for the 
reasonable costs for processing, inspecting, and monitoring a right-of-
way.
    Assignment means the transfer, in whole or in part, of any right or 
interest in a right-of-way grant or lease from the holder (assignor) to 
a subsequent party (assignee) with the BLM's written approval. A change 
in ownership of the grant or lease, or other related change-in-control 
transaction involving the holder, including a merger or acquisition, 
also constitutes an assignment for purposes of these regulations 
requiring the BLM's written approval, unless applicable statutory 
authority provides otherwise.
    Casual use means activities ordinarily resulting in no or 
negligible disturbance of the public lands, resources, or improvements. 
Examples of casual use include: Surveying, marking routes, and 
collecting data to use to prepare grant applications.
    Commercial purpose or activity refers to the circumstance where a 
holder attempts to produce a profit by allowing the use of its 
facilities by an additional party. BLM may assess an appropriate rent 
for such commercial activities. The holder's use may not otherwise be 
subject to rent charges under BLM's rental provisions.
    Complete application means the BLM has verified that your 
application contains all of the information required under section 
2804.12. The BLM will notify you after it determines that your 
application is complete.

[[Page 25957]]

    Cost recovery is a fee charged to an applicant or holder to pay the 
United States for processing and monitoring costs that concern 
applications and other documents relating to the public lands, or that 
are incurred when processing, inspecting, or monitoring any proposed or 
authorized rights-of-way located on the public lands.
    Designated leasing area means a parcel of land with specific 
boundaries identified by the BLM land use planning process as being a 
preferred location for solar or wind energy development that may be 
offered competitively.
    Designated right-of-way corridor means a parcel of land with 
specific boundaries identified by law, Secretarial order, the land use 
planning process, or other management decision, as being a preferred 
location for existing and future linear rights-of-way and facilities. 
The corridor may be suitable to accommodate more than one right-of-way 
use or facility, provided that they are compatible with one another and 
the corridor designation.
    Discharge has the meaning found at 33 U.S.C. 1321(a)(2) of the 
Clean Water Act.
    Exempt from rent means that the BLM is precluded by statute or 
regulation from collecting rent.
    Facility means an improvement or structure, whether existing or 
planned, that is or would be owned and controlled by the grantee within 
a right-of-way.
    Grant means any authorization or instrument (e.g., easement, lease, 
license, or permit) BLM issues under Title V of the Federal Land Policy 
and Management Act, 43 U.S.C. 1761 et seq., and those authorizations 
and instruments BLM and its predecessors issued for like purposes 
before October 21, 1976, under then existing statutory authority. It 
does not include authorizations issued under the Mineral Leasing Act 
(30 U.S.C. 185).
    Hazard tree, for purposes of vegetation management for a powerline 
facility and when used in section 2805.22 of this part, means any tree, 
brush, shrub, other plant, or part thereof, hereinafter ``vegetation'' 
(whether located on public lands inside or outside the linear boundary 
of the right-of-way for the powerline facility), that has been 
designated, prior to failure, by a certified or licensed arborist or 
forester under the supervision of the Bureau of Land Management or the 
right-of-way holder to be:
    (i) Dead; likely to die or fail before the next routine vegetation 
management cycle; or in a position that, under geographical or 
atmospheric conditions, could cause the vegetation to fall, sway, or 
grow into the powerline facility before the next routine vegetation 
management cycle; and
    (ii) Likely to cause substantial damage to the powerline facility; 
disrupt powerline facility service; come within 10 feet of the 
powerline facility; or come within the minimum vegetation clearance 
distance as determined in accordance with applicable reliability and 
safety standards and as identified in the right-of-way for the 
powerline facility and the associated approved operating plan or 
agreement.
    Hazardous material means:
    (i) Any substance or material defined as hazardous, a pollutant, or 
a contaminant under CERCLA at 42 U.S.C. 9601(14) and (33);
    (ii) Any regulated substance contained in or released from 
underground storage tanks, as defined by the Resource Conservation and 
Recovery Act at 42 U.S.C. 6991;
    (iii) Oil, as defined by the Clean Water Act at 33 U.S.C. 1321(a) 
and the Oil Pollution Act at 33 U.S.C. 2701(23); or
    (iv) Other substances applicable Federal, state, tribal, or local 
law define and regulate as ``hazardous.''
    Holder means any entity with a BLM right-of-way authorization.
    Maintenance when the term is used in relation to vegetation 
management for a powerline facility means:
    (i) With respect to routine maintenance, the repair or replacement 
of any component of a powerline facility due to ordinary wear and tear, 
such as repair of broken strands of conductors and overhead ground 
wire; replacement of hardware (e.g., insulator assembly) and 
accessories; maintenance of counterpoise, vibration dampers, and 
grading rings; scheduled replacement of decayed and deteriorated wood 
poles; and aerial or ground patrols to perform observations, conduct 
inspections, correct problems, and document conditions to provide for 
operation in accordance with applicable reliability and safety 
standards and as identified in an approved operating plan or agreement;
    (ii) With respect to non-routine maintenance, the realigning, 
upgrading, rebuilding, or replacing an entire powerline facility or any 
segment thereof, including reconductoring, as identified in an approved 
operating plan or agreement; and
    (ii) With respect to maintenance to address emergency conditions, 
the immediate repair or replacement of any component of a powerline 
facility that is necessary to prevent imminent loss, or to redress the 
loss, of electric service due to equipment failure in accordance with 
applicable reliability and safety standards and as identified in an 
approved operating plan or agreement.
    Management overhead costs means Federal expenditures associated 
with a particular Federal agency's directorate. The BLM's directorate 
includes all State Directors and the entire Washington Office staff, 
except where a State Director or Washington Office staff member is 
required to perform work on a specific right-of-way case.
    Maximum operating sag means the theoretical position of a powerline 
facility conductor (wire) when operating at 100 degrees Celsius, which 
must be accounted for when determining minimum vegetation clearance 
distance.
    Megawatt (MW) capacity fee means the fee paid in addition to the 
acreage rent for solar and wind energy development grants and leases. 
The MW capacity fee is the approved MW capacity of the solar or wind 
energy grant or lease multiplied by the appropriate MW rate. A grant or 
lease may provide for stages of development, and the grantee or lessee 
will be charged a fee for each stage by multiplying the MW rate by the 
approved MW capacity for the stage of the project.
    Megawatt rate means the price of each MW of capacity for various 
solar and wind energy technologies as determined by the MW rate 
formula. Current MW rates are found on the BLM's MW rate schedule, 
which can be obtained at any BLM office or at http://www.blm.gov. The 
MW rate is calculated by multiplying the total hours per year by the 
net capacity factor, by the MW hour (MWh) price, and by the rate of 
return, where:
    (i) Net capacity factor means the average operational time divided 
by the average potential operational time of a solar or wind energy 
development, multiplied by the current technology efficiency rates. The 
BLM establishes net capacity factors for different technology types but 
may determine another net capacity factor to be more appropriate, on a 
case-by-case or regional basis, to reflect changes in technology, such 
as a solar or wind project that employs energy storage technologies, or 
if a grant or lease holder or applicant is able to demonstrate that 
another net capacity factor is appropriate for a particular project or 
region. The net capacity factor for each technology type is:
    (A) Photovoltaic (PV)--20 percent;
    (B) Concentrated photovoltaic (CPV) and concentrated solar power 
(CSP)--25 percent;
    (C) CSP with storage capacity of 3 hours or more--30 percent; and
    (D) Wind energy--35 percent;

[[Page 25958]]

    (ii) Megawatt hour (MWh) price means the 5 calendar-year average of 
the annual weighted average wholesale prices per MWh for the major 
trading hubs serving the 11 western States of the continental United 
States (U.S.);
    (iii) Rate of return means the relationship of income (to the 
property owner) to revenue generated from authorized solar and wind 
energy development facilities based on the 10-year average of the 20-
year U.S. Treasury bond yield rounded to the nearest one-tenth percent; 
and
    (iv) Hours per year means the total number of hours in a year, 
which, for purposes of this part, means 8,760 hours.
    Minimum vegetation clearance distance (MVCD) means the calculated 
distance (stated in feet or meters) that is used to prevent flashover 
between conductors and vegetation for various altitudes and operating 
voltages. The MVCD is measured from a conductor's maximum operating sag 
to vegetation on public lands within the linear right-of-way for a 
powerline facility and on public lands adjacent to either side of the 
linear right-of-way for a powerline facility for purposes of felling or 
pruning hazard trees, which the right-of-way holder uses to determine 
whether vegetation poses a system reliability hazard to the powerline 
facility.
    Monetary value of the rights and privileges you seek means the 
objective value of the right-of-way or what the right-of-way grant is 
worth in financial terms to the applicant.
    Monitoring activities means those activities the Federal Government 
performs to ensure compliance with a right-of-way grant, including 
administrative actions, such as assignments, amendments, or renewals.
    (i) For Monitoring Categories 1 through 4, monitoring activities 
include inspecting construction, operation, maintenance, and 
termination of permanent or temporary facilities and protection and 
rehabilitation activities up to the time the holder completes 
rehabilitation of the right-of-way, and the BLM approves it;
    (ii) For Monitoring Category 5 (Master Agreements), monitoring 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (iii) For Monitoring Category 6, monitoring activities include 
those actions or activities agreed to between the BLM and the 
applicant.
    Operating plan or agreement means a plan or agreement prepared by 
the right-of-way holder, approved by the authorized officer, and 
incorporated by reference into the corresponding right-of-way that 
provides for long-term, cost-effective, efficient, and timely 
inspection, operation, maintenance, and vegetation management of the 
facility or facilities on public lands within the linear right-of-way 
and on public lands adjacent to either side of the linear right-of-way 
to fell or prune hazard trees and to construct, reconstruct, and 
maintain access roads and trails, to enhance electric reliability, 
promote public safety, and avoid fire hazards.
    Operations and maintenance means activities conducted by a ROW 
holder to manage facilities and vegetation within and adjacent to the 
ROW boundary.
    Performance and reclamation bond means the document provided by the 
holder of a right-of-way grant or lease that provides the appropriate 
financial guarantees, including cash, to cover potential liabilities or 
specific requirements identified by the BLM for the construction, 
operation, decommissioning, and reclamation of an authorized right-of-
way on public lands.
    (i) Acceptable bond instruments. The BLM will accept cash, 
cashier's or certified check, certificate or book entry deposits, 
negotiable U.S. Treasury securities, and surety bonds from the approved 
list of sureties (U.S. Treasury Circular 570) payable to the BLM. 
Irrevocable letters of credit payable to the BLM and issued by banks or 
financial institutions organized or authorized to transact business in 
the United States are also acceptable bond instruments. An insurance 
policy can also qualify as an acceptable bond instrument, provided that 
the BLM is a named beneficiary of the policy, and the BLM determines 
that the insurance policy will guarantee performance of financial 
obligations and was issued by an insurance carrier that has the 
authority to issue policies in the applicable jurisdiction and whose 
insurance operations are organized or authorized to transact business 
in the United States.
    (ii) Unacceptable bond instruments. The BLM will not accept a 
corporate guarantee as an acceptable form of bond instrument.
    Powerline facility means one or more electric distribution or 
transmission lines authorized by a right-of-way, and all appurtenances 
to those lines supporting conductors of one or more electric circuits 
of any voltage for the transmission of electric energy, overhead ground 
wires, and communications equipment that is owned by the right-of-way 
holder; that solely supports operation and maintenance of the electric 
distribution or transmission lines; and that is not leased to other 
parties for communications uses that serve other purposes.
    Processing activities means those actions or activities the Federal 
Government undertakes to evaluate an application for a right-of-way 
grant, including administrative actions, such as assignments, 
amendments, or renewals. It also includes preparation of an appropriate 
environmental document and compliance with other legal requirements in 
evaluating an application.
    (i) For Processing Categories 1 through 4, processing activities 
means preliminary application reviews, application processing and 
administrative actions related to the right-of-way or temporary use 
permit;
    (ii) For Processing Category 5 (Master Agreements), processing 
activities means those actions or activities agreed to in the Master 
Agreement; and
    (iii) For Processing Category 6, processing activities means those 
actions or activities agreed to between the BLM and the applicant.
    Public lands means any land and interest in land owned by the 
United States within the several states and administered by the 
Secretary of the Interior through BLM without regard to how the United 
States acquired ownership, except lands:
    (i) Located on the Outer Continental Shelf; and
    (ii) Held for the benefit of Indians, Aleuts, and Eskimos.
    Reasonable costs has the meaning found at section 304(b) of the 
Act.
    Reclamation cost estimate (RCE) means the estimate of costs to 
restore the land to a condition that will support pre-disturbance land 
uses. This includes the cost to remove all improvements made under the 
right-of-way authorization, return the land to approximate original 
contour, and establish a sustainable vegetative community, as required 
by the BLM. The RCE will be used to establish the appropriate amount 
for financial guarantees of land uses on the public lands, including 
those uses authorized by right-of-way grants or leases issued under 
this part.
    Release has the meaning found at 42 U.S.C. 9601(22) of CERCLA.
    Right-of-way means the public lands that the BLM authorizes a 
holder to use or occupy under a particular grant or lease.
    Screening criteria for solar and wind energy development refers to 
the policies and procedures that the BLM uses to prioritize how it 
processes solar and wind energy development right-of-way applications 
to facilitate the environmentally responsible

[[Page 25959]]

development of such facilities through the consideration of resource 
conflicts, land use plans, and applicable statutory and regulatory 
requirements. Applications for projects with lesser resource conflicts 
are anticipated to be less costly and time-consuming for the BLM to 
process and will be prioritized over those with greater resource 
conflicts.
    Short-term right-of-way grant means any grant issued for a term of 
3 years or less for such uses as storage sites, construction areas, and 
site testing and monitoring activities, including site characterization 
studies and environmental monitoring.
    Subleasing means allowing another party or parties to use your 
facility for the purposes specified in your authorization, for which 
use you may charge fees. The BLM may permit subleasing under the 
requirements of 43 CFR 2805.14 and 2865.14.
    Substantial deviation means a change in the authorized location or 
use that requires-construction or use outside the boundaries of the 
right-of-way, or any change from, or modification of, the authorized 
use. The BLM may determine that there has been a substantial deviation 
in some of the following circumstances: When a right-of-way holder adds 
overhead or underground lines, pipelines, structures, or other 
facilities within the right-of-way not expressly included in the 
current grant. Maintenance actions or safety-related improvements 
within an existing right-of-way, including vegetation management, are 
not considered a substantial deviation. Activities undertaken to 
reasonably prevent and suppress wildfires on or adjacent to the right-
of-way do not constitute a substantial deviation.
    Third party means any person or entity other than BLM, the 
applicant, or the holder of a right-of-way authorization.
    Tramway means a system for carrying passengers, logs, or other 
material using traveling carriages or cars suspended from an overhead 
cable or cables supported by a series of towers, hangers, tailhold 
anchors, guyline trees, etc.
    Transportation and utility corridor means a parcel of land 
identified through a land use planning process as being a preferred 
location for existing and future linear rights-of-way and facilities. 
The corridor may be suitable to accommodate more than one right-of-way 
use or facility, provided that the uses are compatible with one another 
and the corridor designation.
    Vegetation management means:
    (i) Emergency vegetation management--unplanned felling and pruning 
of vegetation on public lands within the linear right-of-way for a 
powerline facility and unplanned felling and pruning of hazard trees on 
abutting public lands that have contacted or present an imminent danger 
of contacting the powerline facility to avoid the disruption of 
electric service or to eliminate an immediate fire or safety hazard; 
and
    (ii) Non-emergency (routine) vegetation management--planned actions 
as described in an operating plan or agreement periodically taken to 
fell or prune vegetation on public lands within the linear right-of-way 
for a powerline facility and on abutting public lands to fell or prune 
hazard trees to ensure normal powerline facility operations and to 
prevent wildfire in accordance with applicable reliability and safety 
standards and as identified in an approved operating plan or agreement.
    Waived from rent means a discretionary decision by the BLM to 
reduce the rent. Waivers may result in a reduction in rent or no rent 
at all.
    Zone means a geographic grouping necessary for linear right-of-way 
rent assessment purposes, covering all lands in the contiguous United 
States.


Sec.  2801.9  [Amended]

0
4. Amend Sec.  2801.9 by removing paragraph (a)(5) and redesignating 
paragraphs (a)(6) and (a)(7) as paragraphs (a)(5) and (a)(6).

Subpart 2802--Lands Available for FLPMA Grants

0
5. Amend Sec.  2802.10 by revising paragraph (c) to read as follows:


Sec.  2802.10  What lands are available for grants?

* * * * *
    (c) You should contact the BLM to:
    (1) Determine the appropriate BLM office with which to coordinate;
    (2) Determine whether or not the land you want to use is available 
for that use; and
    (3) Begin discussions about any application(s) you may need to 
file.

Subpart 2803--Qualifications for Holding FLPMA Grants

0
6. Revise Sec.  2803.11 to read as follows:


Sec.  2803.11  Can another person act on my behalf?

    Another person may act on your behalf if you have authorized that 
person to do so under the laws of the State where the right-of-way is 
or will be located.
    (a) If you intend to designate another person or entity to act on 
your behalf or operate as your third-party agent, you must first:
    (1) Notify the BLM office having jurisdiction over your grant in 
writing of your intention and provide a copy of the Power of Attorney, 
if one exists; and
    (2) Provide and then maintain the current contact information for 
the intended agent.
    (b) If you designate an agent or third-party to act on your behalf 
after you have been issued a grant, you are still responsible for 
ensuring the terms and conditions of the grant are followed.

0
7. Amend Sec.  2803.12 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  2803.12  What happens to my grant if I die?

    (a) If a grant holder dies, any inheritable interest in a grant 
will be distributed under State law.
* * * * *

Subpart 2804--Applying for FLPMA Grants

0
8. Amend Sec.  2804.12 by revising paragraphs (a) introductory text and 
(a)(4) to read as follows:


Sec.  2804.12  What must I do when submitting my application?

    (a) File your application on Standard Form 299, available from any 
BLM office or at https://www.blm.gov, and fill in the required 
information. The application must include the applicant's original 
signature or meet the BLM standards for electronic commerce. Your 
complete application must include the following:
* * * * *
    (4) A map of the project showing its proposed location and existing 
facilities adjacent to the proposal, and Geographic Information Systems 
(GIS) shapefiles, or equivalent format, when requested by the BLM;
* * * * *

0
9. Revise Sec.  2804.14 to read as follows:


Sec.  2804.14  What are the fee categories for cost recovery?

    (a) Unless your fees are waived under Sec.  2804.16, you must pay 
cost recovery fees for the reasonable costs associated with your 
application and grant. Subject to applicable laws and regulations, if 
your application involves Federal agencies other than the BLM, your fee 
may also include the reasonable costs estimated to be incurred by those 
Federal agencies. Instead of paying the BLM a fee for the reasonable 
costs incurred by other Federal agencies in processing your 
application, you may pay other Federal agencies directly. The

[[Page 25960]]

fees for Categories 1 through 4 (see paragraph (b) of this section) are 
one-time fees and are not refundable. Reasonable costs are those costs 
defined in Section 304(b) of FLPMA (43 U.S.C. 1734(b)). The fees are 
categorized based on an estimate of the amount of time that the Federal 
Government will expend to process your application, issue a decision 
granting or denying the application, and monitor that land use 
authorization.
    (b) The BLM bases cost recovery fees on categories. The BLM will 
update the fee schedule for Categories 1 through 4 each calendar year, 
based on the previous year's change in the IPD-GDP, as measured second 
quarter to second quarter rounded to the nearest dollar. The BLM will 
update Category 5 fees, which may include preliminary application 
review, processing, and monitoring, as specified in the applicable 
Master Agreement. Category 6 fees are for situations when a right-of-
way activity will require more than 64 hours, or when an environmental 
impact statement (EIS) is required and may include preliminary 
application review costs. The cost recovery categories and the 
estimated range of Federal work hours for each category are:

           Table 1 to Paragraph (b)--Cost Recovery Categories
------------------------------------------------------------------------
 FLPMA right-of-way cost recovery category
               descriptions                  Federal work hours involved
------------------------------------------------------------------------
Category 1. Processing and monitoring       Estimated Federal work hours
 associated with an application or           are <=8.
 existing grant.
Category 2. Processing and monitoring       Estimated Federal work hours
 associated with an application or           are >8 <=24.
 existing grant.
Category 3. Processing and monitoring       Estimated Federal work hours
 associated with an application or           are >24 <=40.
 existing grant.
Category 4. Processing and monitoring       Estimated Federal work hours
 associated with an application or           are >40 <=64.
 existing grant.
Category 5. Master Agreements *...........  Varies, depending on the
                                             agreement.
Category 6. Processing and monitoring       Estimated Federal work hours
 associated with an application or           are >64.
 existing grant, including preliminary-
 application reviews *.
------------------------------------------------------------------------
* Preliminary application review costs are those expenses related to
  meetings held between a Federal agency and the applicant to discuss a
  right-of-way application. These reviews are required only when an
  application is for a wind or solar right-of-way but are encouraged for
  other right-of-way application filings. A Master Agreement may include
  preliminary application review costs.

    (c) You may obtain a copy of the current year's cost recovery fee 
schedule at https://www.blm.gov, by contacting your local BLM state, 
district, or field office, or by writing: Attention to the Division of 
Lands, Realty and Cadastral Survey, U.S. Department of the Interior, 
Director (HQ-350), Bureau of Land Management, 1849 C Street NW, Mail 
Stop 2134LM, Washington, DC 20240.
    (d) After an initial review of your application, the BLM will 
notify you of the cost recovery category into which your application 
fits. You must then submit to the BLM the appropriate payment for that 
category before the BLM will begin processing your application. Your 
signature on a cost recovery Master Agreement constitutes your 
agreement with the cost recovery category decision. If you disagree 
with the category that the BLM has determined for your application, you 
may appeal the decision under Sec.  2801.10. For Category 5 and 6 
applications or grants, see Sec. Sec.  2804.17, 2804.18, and 2804.19. 
If you paid the cost recovery fee and you appeal a Category 1 through 4 
or Category 6 determination, the BLM will work on your application or 
grant while the appeal is pending. If the Interior Board of Land 
Appeals (IBLA) finds in your favor, you will receive a refund or an 
adjustment of your cost recovery fee.
    (e) In processing your application, the BLM may determine at any 
time that the application requires preparing an EIS. If this occurs, 
the BLM will send you a decision changing your cost recovery category 
to Category 6. You may appeal this decision under Sec.  2801.10.
    (f) To expedite processing of your application, you may notify the 
BLM in writing that you are waiving application of the factors 
identified in Sec. Sec.  2804.20(a) and 2804.21 to determine reasonable 
costs and are electing to pay the actual costs incurred by the BLM in 
processing your application and monitoring your grant.

0
10. Amend Sec.  2804.15 by revising the section heading to read as 
follows:


Sec.  2804.15  When does the BLM reevaluate the cost recovery fees?

* * * * *

0
11. Revise Sec.  2804.16 to read as follows:


Sec.  2804.16  When will the BLM waive cost recovery fees?

    (a) The BLM may waive your cost recovery fees if:
    (1) You are a State or local government, or an agency of such a 
government, and the BLM issues the grant for governmental purposes 
benefitting the general public. However, if you collect revenue from 
charges you levy on customers for services similar to those of a 
profit-making corporation or business, or you assess similar fees to 
the United States for similar purposes, cost recovery fees will not be 
waived;
    (2) Your application under this subpart is associated with a cost-
share road or reciprocal right-of-way agreement; or
    (3) You are a Federal agency, and your cost recovery category 
determination is Category 1 to 4.
    (b) The BLM will not waive your cost recovery fees if you are in 
trespass.

0
12. Amend Sec.  2804.17 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  2804.17  What is a Master Agreement (Cost Recovery Category 5) 
and what information must I provide to the BLM when I request one?

    (a) A Master Agreement (Cost Recovery Category 5) is a written 
agreement covering processing and monitoring fees (see Sec.  2804.14) 
negotiated between the BLM and you that involves multiple BLM grant 
approvals and/or monitoring scenarios for projects within defined 
geographic areas or for a specific common activity for many projects.
* * * * *

0
13. Revise and republish Sec.  2804.18 to read as follows:


Sec.  2804.18  What provisions do Master Agreements contain and what 
are their limitations?

    (a) A Master Agreement:
    (1) Specifies that you must comply with all applicable laws and 
regulations;
    (2) Describes the work you will do and the work the BLM will do to 
complete right-of-way activities;
    (3) Describes the method of periodic billing, payment, and 
auditing;
    (4) Describes the processes, studies, or evaluations you will pay 
for;

[[Page 25961]]

    (5) Explains how the BLM will monitor a grant and how the BLM will 
receive payment for this work;
    (6) Describes existing agreements between the BLM and other Federal 
agencies for cost reimbursement;
    (7) Contains provisions allowing for periodic review and updating, 
if required;
    (8) Contains specific conditions for terminating the Agreement;
    (9) May be prepared so that it includes previously granted rights-
of-way held by the right-of-way holder; and
    (10) Contains any other provisions BLM considers necessary.
    (b) BLM will not enter into any Agreement that is not in the public 
interest.
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of cost recovery fees.

0
14. Amend Sec.  2804.19 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  2804.19  How will the BLM manage my Category 6 project?

    (a) For Category 6 applications, you and the BLM must enter into a 
written agreement that describes how the BLM will process your 
application and monitor your grant. The BLM may require that the final 
agreement contain a work plan and a financial plan, and a description 
of any existing agreements you have with other Federal agencies for 
cost reimbursement associated with your application or grant.
    (b) In processing your application, the BLM will:
    (1) Determine the issues subject to analysis under NEPA;
    (2) Prepare a preliminary work plan, if applicable;
    (3) Develop a preliminary financial plan, if applicable, which 
estimates the reasonable costs of processing your application and 
monitoring your project;
    (4) Collect, in advance and at the BLM's discretion, a deposit for 
your Category 6 project to initiate processing your application while 
all of the plans and agreements are being completed;
    (5) Discuss with you:
    (i) The preliminary plans and data;
    (ii) The availability of funds and personnel;
    (iii) Your options for the timing of processing and monitoring fee 
payments; and
    (iv) Financial information you must submit; and
    (6) Complete final scoping and develop final work and financial 
plans that reflect any work you have agreed to do. The BLM will also 
present you with the final estimate of the reasonable costs for which 
you must reimburse the BLM, including the cost for monitoring the 
project, using the factors in Sec. Sec.  2804.20 and 2804.21 of this 
subpart.
* * * * *

0
15. Amend Sec.  2804.20 by revising the section heading, introductory 
text, and paragraph (a) introductory text to read as follows:


Sec.  2804.20  How does the BLM determine reasonable costs for Category 
6 right-of-way activities?

    The BLM will consider the factors in paragraph (a) of this section 
and Sec.  2804.21 of this subpart to determine reasonable costs. Submit 
to the BLM field office having jurisdiction over the lands covered by 
your application a written analysis of those factors applicable to your 
project unless you agree in writing to waive consideration of those 
factors and elect to pay actual costs (see Sec.  2804.14(f) of this 
subpart). Submitting your analysis with the application will expedite 
its handling. The BLM may require you to submit additional information 
in support of your position. The BLM will continue to work on your 
application while you are responding to our request, as long as a 
deposit has been received by the BLM as provided in Sec.  
2804.19(a)(4).
    (a) FLPMA factors. If the BLM determines that a Category 6 cost 
recovery fee is appropriate for your project, the BLM will apply the 
following factors as set forth in Section 304(b) of FLPMA, 43 U.S.C. 
1734(b), to determine the amount you owe:
* * * * *

0
16. Amend Sec.  2804.21 by revising the section heading and paragraphs 
(a) introductory text, (a)(2), (a)(7), and (b) to read as follows:


Sec.  2804.21  What other factors will the BLM consider in determining 
cost recovery fees?

    (a) Other factors. If you include this information in your 
application, in arriving at your cost recovery fee in any category, the 
BLM will consider whether:
* * * * *
    (2) The costs of performing any or all right-of-way activities 
grossly exceed the costs of constructing the project;
* * * * *
    (7) For whatever other reason, such as public benefits or public 
services provided, cost recovery fees would be inconsistent with 
prudent and appropriate management of public lands and with your 
equitable interests or the equitable interests of the United States.
    (b) Fee determination. With your written application, submit your 
analysis of how each of the factors, as applicable, in paragraph (a) of 
this section, pertains to your application. The BLM will notify you in 
writing of the fee determination. You may appeal this decision under 
Sec.  2801.10 of this part.

0
17. Amend Sec.  2804.25 by:
0
a. Revising the section heading and paragraph (a)(1);
0
b. Redesignating paragraph (c)(2) as (c)(3) and adding a new paragraph 
(c)(2); and
0
c. Revising paragraph (d).
    The revisions and addition read as follows:


Sec.  2804.25  How will the BLM process my application?

    (a) * * *
    (1) Identify your cost recovery fee described at Sec.  2804.14, 
unless you are exempt from paying fees; and
* * * * *
    (c) * * *
    (2) For all powerline rights-of-way, you must submit an operating 
plan or agreement, unless you have an approved plan that meets the 
requirements of Sec.  2805.21; or
* * * * *
    (d) Customer service standard. The BLM will process your complete 
application as follows:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
   Processing category       Processing time           Conditions
------------------------------------------------------------------------
1-4......................  60 calendar days...  If processing your
                                                 application will take
                                                 longer than 60 calendar
                                                 days, the BLM will
                                                 notify you in writing
                                                 of this fact prior to
                                                 the 30th calendar day
                                                 and inform you of when
                                                 you can expect a final
                                                 decision on your
                                                 application.
5........................  As specified in the  The BLM will process
                            Master Agreement.    applications as
                                                 specified in the Master
                                                 Agreement.

[[Page 25962]]

 
6........................  Over 60 calendar     The BLM will notify you
                            days.                in writing within the
                                                 initial 60-day
                                                 processing period of
                                                 the estimated
                                                 processing time.
------------------------------------------------------------------------

* * * * *

0
18. Amend Sec.  2804.26 by adding paragraph (a)(9) to read as follows:


Sec.  2804.26  Under what circumstances may the BLM deny my 
application?

    (a) * * *
    (9) You do not comply with a deficiency notice (see Sec.  
2804.25(c)) within the time specified in the notice or with a BLM 
request for additional information needed to process your application.
* * * * *

0
19. Revise Sec.  2804.27 to read as follows:


Sec.  2804.27  What fees must I pay if the BLM denies my application or 
if I withdraw my application or relinquish my grant?

    If the BLM denies or you withdraw your application, or you 
relinquish your grant, you owe the current fees for the applicable cost 
recovery category as set forth at Sec.  2804.14, unless you have a 
Category 5 or 6 application, in which case, the following conditions 
apply:
    (a) If the BLM denies your Category 5 or 6 right-of-way 
application, you are liable for all reasonable costs that the United 
States incurred in processing it. The money you have not paid is due 
within 30 calendar days after receiving a bill for the amount due;
    (b) You may withdraw your Category 5 or 6 application in writing 
before the BLM issues a grant. If you do so, you are liable for all 
reasonable processing costs the United States has incurred up to the 
time you withdraw the application and for the reasonable costs of 
terminating your application. Any money you have not paid is due within 
30 calendar days after receiving a bill for the amount due. Any money 
you paid that is not used to cover costs the United States incurred as 
a result of your application will be refunded to you; and
    (c) You may relinquish your grant in writing. If you do so, you are 
liable for all reasonable costs the United States has incurred up to 
the time you relinquish the grant and for the reasonable costs of 
closing your grant. Any cost recovery fees you have not previously paid 
are due within 30 calendar days after receiving a bill for the amount 
due. The BLM will refund any cost recovery fees you paid in Categories 
5 or 6 that were not used to cover costs the United States incurred as 
a result of your grant.

0
20. Amend subpart 2805 by revising the heading to read as follows:

Subpart 2805--Terms and Conditions of Grants

0
21. Amend Sec.  2805.11 by redesignating paragraphs (b) and (c) as 
paragraphs (c) and (d) and adding a new paragraph (b) to read as 
follows:


Sec.  2805.11  What does a grant contain?

* * * * *
    (b) Right of ingress and egress to a right-of-way. To facilitate 
the use of a right-of-way, the authorized officer must include in the 
grant rights of ingress and egress, as may be necessary for access to 
and from the right-of-way. Access routes must be identified in the 
grant and may include existing roads or other infrastructure.
* * * * *

0
22. Amend Sec.  2805.12 by revising the section heading, and paragraphs 
(a)(4), (a)(8)(vi), (c)(5), and (d)(3) to read as follows:


Sec.  2805.12  With what terms and conditions must I comply?

    (a) * * *
    (4) Do everything reasonable to prevent and suppress wildfires on 
or adjacent to the right-of-way;
* * * * *
    (8) * * *
    (vi) Ensure that you construct, operate, maintain, and decommission 
the facilities authorized by the right-of-way in a manner consistent 
with the grant, including the approved POD, if one was required, or any 
approved operating plan or agreement;
* * * * *
    (c) * * *
    (5) Repair and place into service, or remove from the site, damaged 
or abandoned facilities that:
    (i) Have been inoperative for any continuous period of 3 months and 
present a hazard to the public lands; or
    (ii) Present a hazard to human health or safety. You must take 
appropriate remedial action within 30 days after receipt of a written 
noncompliance notice unless you have been provided an extension of time 
by the BLM. Alternatively, you must show good cause for any delays in 
repairs, use, or removal; estimate when corrective action will be 
completed; provide evidence of diligent operation of the facilities; 
and submit a written request for an extension of the 30-day deadline. 
If you do not comply with this provision, the BLM may suspend or 
terminate the authorization under Sec. Sec.  2807.17 through 2807.19; 
and
* * * * *
    (d) * * *
    (3) You must repair and place into service, or remove from the 
site, damaged or abandoned facilities that:
    (i) Have been inoperative for any continuous period of 3 months and 
present a hazard to the public lands; or
    (ii) Present a hazard to human health or safety; and
* * * * *

0
23. Amend Sec.  2805.14 by revising the section heading and paragraphs 
(b), (d), and (e) to read as follows:


Sec.  2805.14  What rights does a grant provide?

* * * * *
    (b) If your authorization specifically allows for subleasing, you 
may allow other parties to use your facility for the purposes specified 
in your authorization and you may charge fees for such use. If your 
authorization does not specifically allow subleasing, you may not let 
anyone else use your facility and you may not charge for its use unless 
the BLM authorizes or requires it in writing;
* * * * *
    (d) Do trimming, pruning, and removal of vegetation to maintain the 
right-of-way or facility and protect public health and safety;
    (e) Use common varieties of stone and soil which are necessarily 
removed during construction of the project in constructing the project 
within the authorized right-of-way, or use vegetation removed during 
maintenance of the right-of-way, so long as any necessary authorization 
to remove or use such materials has been obtained from the BLM pursuant 
to applicable laws;
* * * * *

0
24. Amend Sec.  2805.15 by revising paragraphs (a) and (e) and adding 
paragraphs (f) and (g) to read as follows:

[[Page 25963]]

Sec.  2805.15  What rights does the United States retain?

* * * * *
    (a) Access the lands and enter the facilities described in the 
authorization. The BLM will give you reasonable notice before it enters 
any facility on the right-of-way;
* * * * *
    (e) Change the terms and conditions of your grant as a result of 
changes in legislation, regulation, or as otherwise necessary to 
protect public health or safety or the environment. After a grant is 
signed by the BLM, any modification of the terms and conditions 
generally requires the BLM to issue a new or amended grant;
    (f) Terminate your authorization for non-compliance; and
    (g) Require you to provide applicable financial documents and 
supporting documents including, but not limited to, contractual and 
subleasing agreements.

0
25. Revise Sec.  2805.16 to read as follows:


Sec.  2805.16  If I hold a grant, what cost recovery fees must I pay?

    (a) You must pay a fee to the BLM for the reasonable costs the 
Federal Government incurs in processing, inspecting, and monitoring the 
construction, operation, maintenance, and termination of the project 
and protection and rehabilitation of the public lands that your grant 
covers. Instead of paying the BLM a fee for the reasonable costs 
incurred by other Federal agencies in processing or monitoring your 
grant, you may pay the other Federal agencies directly for such costs. 
The BLM will annually adjust the Category 1 through 4 cost recovery 
fees in the manner described at Sec.  2804.14(b). The BLM will update 
Category 5 cost recovery fees as specified in the applicable Master 
Agreement. Category 6 cost recovery fees are addressed at Sec.  
2805.17(c). The BLM categorizes the cost recovery fees based on the 
estimated number of work hours necessary to process and monitor your 
grant. Category 1 through 4 cost recovery fees are not refundable. The 
Federal work hours for each category and their descriptions are found 
at Sec.  2804.14(b).
    (b) The BLM will update the cost recovery fee schedule for 
Categories 1 through 4 each calendar year, based on the previous year's 
change in the IPD-GDP, as measured second quarter to second quarter and 
rounded to the nearest dollar. The BLM will update Category 5 cost 
recovery fees as specified in the applicable Master Agreement.
    (c) You may obtain a copy of the current year's cost recovery fee 
schedule from any BLM state, district, or field office, or by writing: 
Attention to the Division of Lands, Realty and Cadastral Survey, U.S. 
Department of the Interior, Director (HQ-350), Bureau of Land 
Management, 1849 C Street NW, Mail Stop 2134LM, Washington, DC 20240. 
The BLM also posts the current cost recovery fee schedule at https://www.blm.gov.

0
26. Add Sec. Sec.  2805.21 and 2805.22 to read as follows:


Sec.  2805.21  What is an operating plan or agreement for electric 
transmission and distribution and other rights-of-way?

    (a) Operating plans or agreements. An operating plan or agreement:
    (1) Is required for all new, renewed, and amended powerline rights-
of-way (see section 2804.25(c)(2)); and
    (2) May be submitted on a voluntary basis by:
    (i) Holders of powerline rights-of-way not subject to Section 
(a)(1); and
    (ii) Holders of rights-of-way other than powerline rights-of-way.
    (b) Electric Reliability Organization (ERO) standards: Holders 
subject to mandatory reliability standards established by the ERO (or 
superseding standards) may use those standards as part of the operating 
plan or agreement.
    (c) Plan requirements: An operating plan or agreement must:
    (1) Identify the applicable transmission or distribution facilities 
to be maintained;
    (2) Take into account the holder's own operations and maintenance 
plans for the applicable right-of-way;
    (3) Include vegetation management, inspection, operation and 
maintenance, and fire prevention plans, including methods to comply 
with applicable law, such as fire safety requirements and reliability 
standards established by the ERO;
    (4) Include schedules for:
    (i) The holder to notify the BLM about routine and major 
maintenance;
    (ii) The holder to request approval from the BLM to undertake 
routine and major maintenance; and
    (iii) The BLM to respond to a request by a holder under paragraph 
(c)(4)(ii) of this section;
    (5) Describe processes for:
    (i) Identifying changes in conditions; and
    (ii) Modifying the approved operating plan or agreement, if 
necessary; and
    (6) Provide for the disposition of cut trees and branches, 
including plans for sale of forest products.
    (d) Plan approval. The BLM will, to the extent practicable, review 
and decide whether to approve an operating plan or agreement within 120 
days.
    (e) Operating plan or agreement modifications: The BLM may notify a 
holder that changed conditions warrant a modification to the operating 
plan or agreement.
    (1) The BLM will provide advance reasonable notice that the holder 
must submit an operating plan or agreement modification.
    (2) The holder must submit a proposed operating plan or agreement 
modification to the BLM to address the changed condition identified by 
the BLM.
    (3) The BLM will, to the extent practicable, review and approve 
modifications in the same 120-day timeframe that applies to the initial 
submission of an operating plan or agreement.
    (4) The holder may continue to implement any element of an approved 
operating plan or agreement that does not directly and adversely affect 
the condition precipitating the need for modification.
    (f) Agreements in lieu of an operating plan: Certain holders 
meeting the requirements described in paragraph (g) of this section may 
enter into an agreement with the BLM in lieu of an operating plan.
    (g) Eligibility to enter into an agreement: Holders of a right-of-
way for an electric transmission or distribution facility are eligible 
to enter into an agreement with the BLM if they:
    (1) Are not subject to the mandatory reliability standards 
established by the ERO; or
    (2) Sold less than or equal to 1,000,000 megawatt hours of electric 
energy for purposes other than resale during each of the 3 calendar 
years prior to submitting a request to enter into an agreement to the 
BLM.


Sec.  2805.22  Special provisions for vegetation management for 
electric transmission and distribution rights-of-way.

    (a) Emergency Conditions. If vegetation or hazard trees have 
contacted or present an imminent danger of contacting an electric 
transmission or distribution line from within or adjacent to an 
electric transmission or distribution right-of-way, the electric 
transmission or distribution line holder:
    (1) May prune or remove the vegetation or hazard tree to avoid the 
disruption of electric service or to eliminate immediate fire and 
safety hazards; and
    (2) Shall notify the authorized officer not later than 1 day after 
the date of the response to emergency conditions.

[[Page 25964]]

    (b) Non-Emergency Conditions. For non-emergency conditions, the 
holder of a right-of-way for an electric transmission or distribution 
facility must conduct vegetation management activities in accordance 
with the terms and conditions of the grant, Sec. Sec.  2805.12(a)(4) 
and 2805.14(d), and any approved operating plan or agreement.
    (1) You must request approval from the BLM for a proposed activity 
if your plan:
    (i) Requires you to seek specific approval for the proposed 
activity; or
    (ii) Does not address the proposed activity. You may also need to 
amend your operating plan or agreement if you anticipate conducting 
this activity on a recurring basis.
    (2) If the BLM does not timely respond to your request according to 
the schedule set forth in the approved operating plan or agreement, if 
your request pertains to vegetation management activities, including 
the removal of hazard trees or other wildfire risk reduction 
activities, and if the proposed action does not conflict with your 
approved operating plan or agreement, you may proceed with the proposed 
activity.
    (c) Wildfire prevention. You must do everything reasonable to 
prevent and suppress wildfires on or adjacent to the right-of-way. 
Reasonable actions include:
    (1) Pruning or removal of vegetation or hazard trees to prevent 
fire ignition from electric transmission and distribution facilities 
during emergency conditions or cyclic maintenance; and
    (2) Cooperating with the BLM in its efforts to investigate, 
suppress, and respond to fires within and near the right-of-way.

Subpart 2806--Annual Rents and Payments

0
27. Amend Sec.  2806.13 by revising paragraph (e) and adding paragraph 
(h) to read as follows:


Sec.  2806.13  What happens if I do not pay rents and fees or if I pay 
the rents or fees late?

* * * * *
    (e) Subject to applicable laws and regulations, the BLM will 
retroactively bill for uncollected or under-collected rent, fees, and 
late payments.
* * * * *
    (h) You must pay rent even if you have not been sent or received a 
courtesy bill.

0
28. Amend Sec.  2806.14 by revising paragraph (a)(4) to read as 
follows.


Sec.  2806.14  Under what circumstances am I exempt from paying rent?

    (a) * * *
    (4) Electric or telephone facilities constructed on the right-of-
way were financed in whole or in part, or eligible for financing, under 
the Rural Electrification Act of 1936, as amended (REA) (7 U.S.C. 901 
et seq.) or are extensions of such facilities. You do not need to have 
sought financing from the Rural Utilities Service to qualify for this 
exemption. The BLM may require you to document the facility's 
eligibility for REA financing.
* * * * *

0
29. Amend Sec.  2806.15 by revising and republishing paragraph (b) and 
removing paragraph (c) to read as follows:


Sec.  2806.15  Under what circumstances may BLM waive or reduce my 
rent?

* * * * *
    (b) A BLM State Director may, on a case-by-case basis, evaluate and 
approve any requests for waiver or reduction in the annual rent for 
grants if you show the BLM that:
    (1) You are a non-profit organization, corporation, or association 
which is not controlled by, or is not a subsidiary of, a profit making 
corporation or business enterprise and the facility or project will 
provide a benefit or special service to the general public or to a 
program of the Secretary;
    (2) You provide without charge, or at reduced rates, a valuable 
benefit to the public at large or to the programs of the Secretary of 
the Interior;
    (3) Your grant describes your intended use of new and existing 
routes to access your right-of-way (see Sec.  2805.11(b)). This 
paragraph does not apply to oil and gas leases issued under part 3100 
of this chapter;
    (4) Your grant involves a cost share road or a reciprocal right-of-
way agreement not subject to subpart 2812 of this chapter. In these 
cases, the BLM will determine the rent based on the proportion of use; 
or
    (5) Paying the full rent will cause you undue hardship and it is in 
the public interest to waive or reduce your rent. In your request for a 
waiver or rental reduction you must include a suggested alternative 
rental payment plan or timeframe within which you anticipate resuming 
full rental payments. The BLM may also require you to submit specific 
financial and technical data or other information that corrects or 
modifies the statement of financial capability required by Sec.  
2804.12(a)(5) of this part.

0
30. Amend Sec.  2806.20 by revising paragraph (c) to read as follows:


Sec.  2806.20  What is the rent for a linear right-of-way grant?

* * * * *
    (c) You may obtain a copy of the current Per Acre Rent Schedule at 
https://www.blm.gov, from any BLM state, district, or field office, or 
by writing: Attention to the Division of Lands, Realty and Cadastral 
Survey, U.S. Department of the Interior, Bureau of Land Management, 
1849 C Street NW, Mail Stop 2134LM, Washington, DC 20240.


Sec. Sec.  2806.30 through 2806.44  [Removed]

0
31. Remove the undesignated heading ``Communication Site Rights-of-
Way'' and


Sec. Sec.  2806.30 through 2806.44.  

0
32. Amend Sec.  2806.52 by adding a paragraph heading to paragraph 
(a)(3), and revising paragraphs (a)(6) and (b)(2) to read as follows:


Sec.  2806.52  Rents and fees for solar energy development grants.

* * * * *
    (a) * * *
    (3) Basis of assignment. * * *
* * * * *
    (6) Copies. You may obtain a copy of the current per acre zone 
rates for solar energy development (solar energy acreage rent schedule) 
at https://www.blm.gov, from your local BLM state, district, or field 
office, or by writing: Attention to the National Renewable Energy 
Coordination Office, U.S. Department of the Interior, Bureau of Land 
Management, 1849 C Street NW, Mail Stop 2134LM, Washington, DC 20240.
    (b) * * *
    (2) MW rate schedule. You may obtain a copy of the current MW rate 
schedule for solar energy development at https://www.blm.gov, from your 
local BLM state, district, or field office, or by writing: Attention to 
the National Renewable Energy Coordination Office, U.S. Department of 
the Interior, Bureau of Land Management, 1849 C Street NW, Mail Stop 
2134LM, Washington, DC 20240.
* * * * *

Subpart 2807--Grant Administration and Operation

0
33. Amend Sec.  2807.12 by redesignating paragraph (g) as paragraph (h) 
and adding a new paragraph (g) to read as follows:


Sec.  2807.12  If I hold a grant, for what am I liable?

* * * * *

[[Page 25965]]

    (g) The BLM will not impose strict liability for damages or 
injuries resulting from:
    (1) The BLM unreasonably withholding or delaying approval of an 
operating plan or agreement submitted under Sec.  2805.21; or
    (2) The BLM failing to adhere to an applicable schedule in an 
approved plan (see Sec.  2805.21(d)).
* * * * *

0
34. Amend Sec.  2807.17 by revising paragraph (b) to read as follows:


Sec.  2807.17  Under what conditions may the BLM suspend or terminate 
my grant?

* * * * *
    (b) A grant also terminates when:
    (1) The grant contains a term or condition that has been met that 
requires the grant to terminate;
    (2) BLM consents in writing to your request to relinquish the 
grant;
    (3) A court terminates it or requires the BLM to terminate it; or
    (4) It is required by law to terminate.
* * * * *

0
35. Amend Sec.  2807.20 by revising paragraphs (b) and (d) to read as 
follows:


Sec.  2807.20  When must I amend my application, seek an amendment of 
my grant, or obtain a new grant?

* * * * *
    (b) The requirements to amend an application or grant are the same 
as those for a new application, including paying cost recovery fees and 
rent according to Sec. Sec.  2804.14, 2805.16, and 2806.10.
* * * * *
    (d) Grants issued prior to October 21, 1976:
    (1) If there is a proposed substantial deviation in the location or 
use, or terms and conditions of your right-of-way grant, you must apply 
for a new grant consistent with the remainder of this section. The BLM 
may keep the old grant in effect for the portion of the right-of-way 
not amended and issue a new grant for the new use or location, or terms 
and conditions.
    (2) If you wish to renew your grant, you must apply for a new 
grant.
    (3) If the BLM has terminated your grant due to non-compliance with 
the terms and conditions of your grant, you must apply for a new grant.
    (4) If the BLM approves your application for an amendment, the BLM 
will terminate your old grant and you will receive a new grant under 43 
U.S.C. 1761 et seq. and the regulations in this part. The BLM may 
include the same terms and conditions in the new grant as were in the 
original grant as to annual rent, duration, and nature of interest if 
the BLM determines, based on current land use plans and other 
management decisions, that it is in the public interest to do so.
* * * * *

0
36. Amend Sec.  2807.22 by revising paragraph (f) and adding paragraph 
(h) to read as follows:


Sec.  2807.22  How do I renew my grant?

* * * * *
    (f) If you make a timely and sufficient application for a renewal 
of your existing grant, in accordance with this section, and you are in 
conformance with applicable laws, regulations, and terms and conditions 
in your grant, the existing grant does not expire until the BLM has 
issued a decision to approve or deny the renewal application. Within 60 
days of receiving an application for a renewal, the BLM will notify you 
in writing of its determination regarding the timeliness and 
sufficiency of your application. If the BLM determines that your 
application is timely and sufficient, the BLM's written notice will 
confirm that until the BLM issues a decision on your renewal 
application, your existing grant will remain valid, provided that you 
remain in compliance with applicable laws, regulations, and terms and 
conditions.
* * * * *
    (h) If you do not submit your application under paragraphs (a) or 
(b) of this section at least 120 days prior to grant expiration, it is 
considered delinquent; the BLM will not be subject to the customer 
service standards in this section; and it will be processed only as the 
BLM has time and resources available.

Subpart 2808--Trespass

0
37. Amend Sec.  2808.10 by revising paragraph (a) to read as follows:


Sec.  2808.10  What is a trespass?

    (a) Trespass is using, occupying, developing, or subleasing the 
public lands or their resources without a required authorization or in 
a way that is beyond the scope and terms and conditions of your 
authorization. Trespass is a prohibited act.
* * * * *

0
38. Add part 2860 to read as follows:

PART 2860--COMMUNICATIONS USES

Sec.
Subpart 2861--General Information
2861.1 What requirements of part 2800 apply to my grant?
2861.2 What is the objective of the BLM's Communications Uses 
program?
2861.5 What acronyms and terms are used in the regulations in this 
part?
2861.8 Severability.
2861.9 When do I need a grant?
Subpart 2862--Lands Available for Grants
2862.11 How does the BLM designate communications sites and 
establish communications site management plans?
Subpart 2864--Applying for Grants
2864.10 What should I do before I file my application?
2864.12 What must I do when submitting my application?
2864.24 Do I always have to use Standard Form 299 when submitting my 
application for a Communications Uses authorization?
2864.25 How will the BLM process my Communications Uses application?
2864.26 Under what circumstances may the BLM deny my application?
2864.35 How will the BLM prioritize my Communications Uses 
application?
Subpart 2865--Terms and Conditions of Grants
2865.14 What rights does a grant provide?
Subpart 2866--Annual Rents and Payments

General Provisions

2866.14 Under what circumstances am I exempt from paying rent?
2866.15 Under what circumstances may the BLM waive or reduce my 
rent?

Communications Uses Rental

2866.23 How will the BLM calculate my rent for linear rights-of-way 
for Communications Uses?
2866.30 What are the rents for Communications Uses?
2866.31 How will the BLM calculate rent for Communications Uses in 
the schedule?
2866.32 How does the BLM determine the population strata served for 
your facility?
2866.33 How will the BLM calculate the rent for a single use 
communication facility grant?
2866.34 How will the BLM calculate the rent for a multiple-use 
communication facility grant?
2866.35 How will the BLM calculate rent for private mobile radio 
service (PMRS), internal microwave, and ``other'' category uses?
2866.36 If I am a tenant or customer in a facility, must I have my 
own grant and if so, how will this affect my rent?
2866.37 How will the BLM calculate rent for a grant involving an 
entity with a single use (holder or tenant) having equipment or 
occupying space in multiple BLM-authorized facilities to support 
that single use?
2866.38 Can I combine multiple grants for facilities located at one 
site into a single grant?
2866.39 How will the BLM calculate rent for a grant for a facility 
manager's use?
2866.40 How will the BLM calculate rent for an authorization for 
ancillary Communications Uses associated with Communications Uses on 
the rent schedule?

[[Page 25966]]

2866.41 How will the BLM calculate rent for communications 
facilities ancillary to a linear grant or other use authorization?
2866.42 How will the BLM calculate rent for Communications Uses 
within a federally owned communications facility?
2866.43 How does the BLM calculate rent for passive reflectors and 
local exchange networks?
2866.44 How will the BLM calculate rent for a facility owner's or 
facility manager's grant which authorizes Communications Uses?
Subpart 2868--Communications Uses Trespass
2868.10 What is a Communications Uses trespass?

    Authority:  43 U.S.C. 1733, 1740, 1763 and 1764.

Subpart 2861--General Information


Sec.  2861.1  What requirements of part 2800 apply to my grant?

    Grants issued under this part must comply with the requirements of 
part 2800, except as otherwise described in this part.


Sec.  2861.2  What is the objective of the BLM's Communications Uses 
program?

    It is the BLM's objective to authorize and administer 
communications uses under Title V of the Federal Land Policy and 
Management Act of 1976 and the regulations in this part to qualified 
individuals or business or governmental entities and to direct and 
control communications uses on public lands in a manner that:
    (a) Protects the natural resources associated with public lands and 
adjacent lands, whether private or administered by a governmental 
entity;
    (b) Facilitates the orderly development of communications uses on 
BLM-administered lands and provides for a safe and high-quality 
communications environment for the public;
    (c) Prevents unnecessary or undue degradation to public lands;
    (d) Collects fair market value for communications uses that occupy 
BLM-administered lands through the collection of annual rental fees;
    (e) Promotes the expansion of communications uses in rural America 
and use of rights-of-way in common wherever practical, considering 
engineering and technological compatibility, national security, and 
land use plans; and
    (f) Coordinates, to the fullest extent possible, all BLM actions 
under the regulations in this part with State and local governments, 
Tribes, interested individuals, and appropriate quasi-public entities.


Sec.  2861.5  What acronyms and terms are used in the regulations in 
this part?

    In addition to the acronyms and terms listed in this section, the 
acronyms and terms listed in part 2800 of this chapter apply to this 
part. As used in this part:
    RMA means the Ranally Metro Area Population Ranking as published in 
the most recent edition of the Rand McNally Commercial Atlas and 
Marketing Guide.
    Annual inventory certification means a report that the holder of a 
grant submits to the BLM each year to report the uses within or on 
their facilities (see Sec.  2866.31(c)).
    Base rent means the dollar amount required from an authorization 
holder on BLM managed lands based on the communications uses with the 
highest value in the associated facility or facilities, as calculated 
according to the communications uses rent schedule. If a facility 
manager's or facility owner's scheduled rent is equal to the highest 
rent charged a tenant in the facility or facilities, then the facility 
manager's or facility owner's use determines the dollar amount of the 
base rent. Otherwise, the facility owner's, facility manager's, 
customer's, or tenant's use with the highest value, and which is not 
otherwise excluded from rent, determines the base rent.
    Communications facility has the same meaning as facility under 
Sec.  2801.5(b) of this chapter. Communications site means an area of 
public land designated for wireless communications uses that may be 
limited to a single communications facility, but most often encompasses 
more than one, and is identified by name, usually featuring a local 
prominent landmark.
    Communications site management plans means implementation-level 
plans that provide direction to the users for the day-to-day operations 
of the communications site. Communications uses means any uses 
associated with the transmission of data, voice, or video, or any other 
transmission or reception uses authorized by 43 U.S.C. 1761(a)(5). 
Communications uses may occur in or on a communications facility or a 
linear facility, such as a telephone line or fiber optic cable line.
    Communications uses rent schedule is a schedule of rents for the 
following types of communications uses, including related technologies, 
located in a facility associated with a particular grant. All use 
categories include ancillary communications equipment, such as internal 
microwave or internal one- or two-way radio, that are directly related 
to operating, maintaining, and monitoring the primary uses listed 
below. The Federal Communications Commission (FCC) may or may not 
license the primary uses. The type of use and community served, 
identified on an FCC license, if one has been issued, do not supersede 
either the definitions in this subpart or the procedures in Sec.  
2866.30 for calculating rent for communications facilities and uses 
located on public land:
    (i) Television broadcast means a use that broadcasts UHF and VHF 
audio and video signals for general public reception. This category 
does not include low-power television (LPTV) or rebroadcast devices, 
such as translators, or transmitting devices, such as microwave relays 
serving broadcast translators;
    (ii) AM and FM radio broadcast means a use that broadcasts 
amplitude modulation (AM) or frequency modulation (FM) audio signals 
for general public reception. This category does not include low-power 
FM radio; rebroadcast devices, such as translators; or boosters or 
microwave relays serving broadcast translators;
    (iii) Cable television means a use that transmits video programming 
to multiple subscribers in a community over a wired or wireless 
network. This category does not include rebroadcast devices that 
retransmit television signals of one or more television broadcast 
stations, or personal or internal antenna systems, such as private 
systems serving hotels and residences;
    (iv) Broadcast translator, low-power television, and low-power FM 
radio means a use of translators, LPTV, or low-power FM radio (LPFM). 
Translators receive a television or FM radio broadcast signal and 
rebroadcast it on a different channel or frequency for local reception. 
In some cases, the translator relays the true signal to an amplifier or 
another translator. LPTV and LPFM are broadcast translators that 
originate programming. This category also includes translators 
associated with public telecommunication services;
    (v) Commercial mobile radio service (CMRS) means commercial mobile 
radio uses that provide mobile communication service to individual 
customers. Examples of CMRS include: Community repeaters, trunked radio 
(specialized mobile radio), two-way radio voice dispatch, public 
switched network (telephone/data) interconnect service, microwave 
communications link equipment, and other two-way voice and paging 
services;
    (vi) Facility managers are grant holders that lease building, 
tower, and related facility space to a variety of tenants and customers 
as part of the holder's business enterprise, but do not own or operate 
communication

[[Page 25967]]

equipment in the facility for their own uses;
    (vii) Cellular telephone means a system of mobile or fixed 
communication devices that uses a combination of radio and telephone 
switching technology and provides public switched network services to 
fixed or mobile users, or both, within a defined geographic area. The 
system consists of one or more cell sites containing transmitting and 
receiving antennas, cellular base station radio, telephone equipment, 
or microwave communications link equipment. Examples include: Personal 
Communication Service, Enhanced Specialized Mobile Radio, Improved 
Mobile Telephone Service, Air-to-Ground, Offshore Radio Telephone 
Service, Cell Site Extenders, and Local Multipoint Distribution 
Service;
    (viii) Private mobile radio service (PMRS) means uses supporting 
private mobile radio systems primarily for a single entity for mobile 
internal communications. PMRS service is not sold and is exclusively 
limited to the user in support of business, community activities, or 
other organizational communication needs. Examples include: Private 
local radio dispatch, private paging services, and ancillary microwave 
communications equipment for controlling mobile facilities;
    (ix) Microwave means communications uses that:
    (A) Provide long-line intrastate and interstate public telephone, 
television, and data transmissions; or
    (B) Support the primary business of pipeline and power companies, 
railroads, land resource management companies, or wireless internet 
service provider (ISP) companies;
    (x) Internet service provider (ISP) refers to a holder who utilizes 
wireless technology to connect subscribers to the internet;
    (xi) Passive reflector means various types of non-powered reflector 
devices used to bend or ricochet electronic signals between active 
relay stations or between an active relay station and a terminal. A 
passive reflector commonly serves a microwave communication system. The 
reflector requires point-to-point line-of-sight with the connecting 
relay stations, but does not require electric power;
    (xii) Local exchange network means radio service that provides 
basic telephone service, primarily to rural communities; and
    (xiii) Other communications uses means private communications uses, 
such as amateur radio, personal/private receive-only antennas, natural 
resource and environmental monitoring equipment, and other small, low-
power devices used to monitor or control remote activities.
    Customer means an occupant who is paying a facility manager, 
facility owner, or tenant for using all or any part of the space in the 
facility, or for communication services, and is not selling 
communication services or broadcasting to others. The BLM considers 
persons or entities benefitting from private or internal communications 
uses located in a holder's facility as customers for purposes of 
calculating rent. Customer uses are not included in calculating the 
amount of rent owed by a facility owner, facility manager, or tenant, 
except as noted in Sec. Sec.  2806.34(b)(4) of this chapter and 
2866.42. Examples of customers include: Users of PMRS, users in the 
microwave category when the microwave use is limited to internal 
communications, and all users in the category of ``Other communications 
uses'' (see paragraph (xiii) of the definition of communications uses 
rent schedule in this section).
    Duly filed application means an application which includes all the 
elements required by Sec.  2864.25.
    Facility means an improvement or structure, whether existing or 
planned, that is or would be owned and controlled by the authorization 
holder. For purposes of communications site rights-of-way, facility 
means the building, tower, cabinet, and related incidental structures 
or improvements authorized under the terms of the authorization.
    Facility manager means a person or entity that leases space in a 
facility to communications users and:
    (i) Holds a communication use grant;
    (ii) Owns a communications facility on lands covered by that grant; 
and
    (iii) Does not own or operate communications equipment in the 
facility for personal or commercial purposes.
    Facility owner means a person or entity that may or may not lease 
space in a facility to communications users and:
    (i) Holds a communications uses grant;
    (ii) Owns a communications facility on lands covered by that grant; 
and
    (iii) Owns and operates their own communications equipment in the 
facility for personal, Federal, or commercial purposes.
    Grant means an authorization or instrument (e.g., lease) the BLM 
issues under Title V of the Federal Land Policy and Management Act, 43 
U.S.C. 1761 et seq., and those authorizations and instruments the BLM 
and its predecessors issued for like purposes before October 21, 1976, 
under then existing statutory authority.
    Occupant means an entity who uses any portion of a facility owned 
by a grant holder.
    Site means an area, such as a mountaintop, where a holder locates 
one or more communication or other right-of-way facilities.
    Tenant means an occupant who is paying a facility manager, facility 
owner, or other entity for occupying and using all or any part of a 
facility. A tenant operates communication equipment in the facility for 
profit by broadcasting to others or selling communication services. For 
purposes of calculating the amount of rent that the BLM charges, a 
tenant's use does not include:
    (i) Private mobile radio or internal microwave use that is not 
being sold; or
    (ii) A use in the category of ``Other Communications Uses'' (see 
paragraph (xiii) of the definition of Communications uses rent schedule 
in this section).


Sec.  2861.8  Severability.

    If a court holds any provisions of the rules in this part or their 
applicability to any person or circumstances invalid, the remainder of 
these rules and their applicability to other people or circumstances 
will not be affected.


Sec.  2861.9  When do I need a grant?

    You must have an authorization under this part to use public lands 
for communications uses systems or facilities over, under, on, or 
through public lands. These include, but are not limited to systems for 
transmitting or receiving electronic signals and other means of 
communication by:
    (a) Installing a facility that is not under a current valid 
authorization; or
    (b) Installing a linear communications facility, such as fiber 
optic cable.

Subpart 2862--Lands Available for Grants


Sec.  2862.11  How does the BLM designate communications sites and 
establish communications site management plans?

    (a) The BLM may determine the location and boundaries of 
communications sites. When establishing a communications site, the BLM 
coordinates with other Federal agencies, State, local, and Tribal 
governments, and the public to identify resource-related issues, 
concerns, and needs.
    (b) When determining which lands may be suitable for communications 
sites, the BLM will consider all factors described in Sec.  2802.11(b). 
Additional

[[Page 25968]]

factors the BLM will consider include, but are not limited to, access 
to the site, existing infrastructure, signal coverage, available space, 
and industry demand.
    (c) The BLM may establish a communications site management plan to 
guide the development of communications uses at the site. The plans 
describe the types of communications uses that are permitted to operate 
at a communications site.

Subpart 2864--Applying for Grants


Sec.  2864.10  What should I do before I file my application?

    In addition to the suggested actions listed in Sec.  2804.10, 
before you file your application you should:
    (a) Schedule a preliminary application review meeting with the 
appropriate personnel in the BLM field office having jurisdiction over 
the lands you seek to use. Preliminary application review meetings help 
you to plan your project, coordinate with the BLM, and ensure a smooth 
permitting process. During the preliminary application review meeting, 
the BLM can:
    (1) Identify potential constraints;
    (2) Determine whether the lands are located inside a communications 
site management plan area;
    (3) Tentatively schedule the processing of your proposed 
application; and
    (4) Inform you of your financial obligations, such as processing 
and monitoring costs and rents.
    (b) Request a copy of the most recent communications site 
management plan for that site if one is available.
    (c) Ensure you have all other necessary licenses, authorizations, 
or permits required for the operation of your facility.


Sec.  2864.12  What must I do when submitting my application?

    (a) You must file your application on a hard copy of Standard Form 
299, available from any BLM office or electronically at http://www.blm.gov, and fill in the required information as completely as 
possible. The application must include the applicant's original 
signature or meet the BLM standards for electronic commerce. Your 
complete application must include the following:
    (1) All necessary information under Sec.  2804.12 of this chapter;
    (2) Federal Communications Commission (FCC) call sign, or license, 
for all licensed uses;
    (3) Geographic Information Systems (GIS) shapefiles, or equivalent 
format;
    (4) Draft engineering/construction drawings of your proposed 
facility;
    (5) Technical data related to your project; and
    (6) Draft communications use plan of development.
    (b) The BLM may at any time during the application process request 
additional information relevant to the permitting of your proposal. You 
must submit this information before the BLM will continue processing 
your application.


Sec.  2864.24  Do I always have to use Standard Form 299 when 
submitting my application for a Communications Uses authorization?

    You must file an application for communications uses using Standard 
Form 299.


Sec.  2864.25  How will the BLM process my Communications Uses 
application?

    The BLM will process your communications uses application in 
accordance with the provisions in Sec.  2804.25. The BLM will notify 
you in writing with an offer of an authorization or a denial of your 
application within 270 days of receiving a duly filed application.


Sec.  2864.26  Under what circumstances may the BLM deny my 
application?

    In addition to the considerations listed in Sec.  2804.26, the BLM 
may deny your application under this part if:
    (a) The proposed use would interfere with previously authorized 
uses of public lands, including rights-of-way for communications uses;
    (b) The proposed use presents a public health or safety issue; or
    (c) The proposed use is not in conformance with the applicable 
resource management plan or communications site management plan.


Sec.  2864.35  How will the BLM prioritize my Communications Uses 
application?

    The BLM will prioritize your application in a manner that assists 
in meeting the needs of underserved, rural, and Tribal communities and 
first responders to strengthen telecommunications infrastructure 
throughout the United States.

Subpart 2865--Terms and Conditions of Grants


Sec.  2865.14  What rights does a grant provide?

    In addition to the rights listed in Sec.  2805.14 of this chapter, 
the authorization provides to you the right to:
    (a) Use the described lands to construct, operate, maintain, and 
terminate authorized facilities within the right-of-way for authorized 
purposes under the terms and conditions of your authorization;
    (b) If your authorization specifically allows for subleasing, allow 
other parties to use your facility for the purposes specified in your 
authorization and charge fees for such use. If your authorization does 
not specifically authorize subleasing, you may not let anyone else use 
your facility and you may not charge for its use unless the BLM 
authorizes or requires it in writing;
    (c) Allow others to utilize the lands or facilities if the 
authorization specifies; and
    (d) Hold the grant for a term of 30 years, unless the BLM 
determines a shorter term is appropriate.

Subpart 2866--Annual Rents and Payments

General Provisions


Sec.  2866.14  Under what circumstances am I exempt from paying rent?

    (a) You are exempt from rent under this part if:
    (1) You are a Federal, State, or local governmental entity (except 
as provided by paragraph (b) of this section);
    (2) You have been granted an exemption under a statute providing 
for such; or
    (3) Your facilities were financed in whole or in part, or are 
eligible for financing, under the Rural Electrification Act of 1936, as 
amended (REA) (7 U.S.C. 901 et seq.) or are extensions of such 
facilities. However, when a holder who is exempt from rent under REA 
adds non-eligible tenant uses on the authorization, the holder will 
become subject to rent in accordance with Sec. Sec.  2866.30 through 
2866.44.
    (b) Exceptions:
    (1) The exemptions in this section do not apply if you are in 
trespass.
    (2) If you are a governmental entity, you are not exempt from rent 
when:
    (i) The facility, system, space, or any part of the authorization 
is being used for commercial purposes;
    (ii) You are a municipal utility or cooperative whose principal 
source of revenue is customer charges; or
    (iii) You charge the United States rent for occupancy within or on 
your facility beyond standard operation and maintenance fees.


Sec.  2866.15  Under what circumstances may the BLM waive or reduce my 
rent?

    (a) The BLM may waive or reduce your rent if you are licensed by 
the FCC as noncommercial and educational.
    (b) The BLM may evaluate and approve, in writing, any requests for 
waiver or reduction in the annual rent for authorizations granted to:
    (1) An amateur radio club (such as Civil Air Patrol) which provides 
a

[[Page 25969]]

benefit to the general public or to the programs of the Secretary of 
the Interior;
    (2) A nonprofit organization; or
    (3) Holders that demonstrate that their rates will cause undue 
hardship and that it is in the public interest to waive or reduce the 
rent (see Sec.  2806.15(b)(5)).
    (c) The BLM will not waive or reduce your rent when:
    (1) Your organization exists and operates for the principal benefit 
of its members;
    (2) The facility, system, space, or any part of the right-of-way 
area is being used for commercial purposes;
    (3) You charge the United States to occupy your facility; or
    (4) You charge rent to your occupant or occupants, beyond standard 
operation and maintenance fees, when those occupants' use or uses are 
exempted or waived from rent by the BLM.
    (d) The BLM will revoke your existing waiver or reduction of rent 
if the BLM determines that you no longer meet the criteria above for a 
waiver or reduction.


Sec.  2866.23  How will the BLM calculate my rent for linear rights-of-
way for Communications Uses?

    The BLM will calculate your rent for linear rights-of-way for 
communications uses, such as telephone lines and fiber optic cable, as 
provided in Sec.  2806.23.


Sec.  2866.30  What are the rents for Communications Uses?

    (a) Rent schedule. You may obtain a copy of the current schedule 
from any BLM state, district, or field office, or by writing: Attention 
to the Division of Lands, Realty and Cadastral Survey, U.S. Department 
of the Interior, Bureau of Land Management, 1849 C St. NW, Mail Stop 
2134LM, Washington, DC 20240. The BLM also posts the current 
communications use rent schedule at http://www.blm.gov.
    (1) The BLM uses a rent schedule to calculate the rent for 
communications uses. The schedule is based on population strata (the 
population served), as depicted in the most recent version of the 
Ranally Metro Area (RMA) Population Ranking, and the type of 
communications use or uses for which the BLM normally grants 
communication site rights-of-way. These uses are listed as part of the 
definition of ``communications uses rent schedule,'' set out at Sec.  
2861.5.
    (2) The BLM will update the schedule annually based on the U.S. 
Department of Labor Consumer Price Index for All Urban Consumers, U.S. 
City Average (CPI-U), as of July of each year (difference in CPI-U from 
July of one year to July of the following year), and the RMA population 
rankings.
    (3) The BLM will limit the annual adjustment based on the Consumer 
Price Index to no more than 5 percent. The BLM will review the rent 
schedule to ensure that the schedule reflects fair market value.
    (b) Uses not covered by the schedule. The communications uses rent 
schedule does not apply to:
    (1) Communications uses located entirely within the boundaries of 
an oil and gas lease, and solely supporting the operations of the oil 
and gas lease (see parts 3160 through 3190 of this Chapter);
    (2) Communications facilities and uses ancillary to a linear 
authorization that are entirely within the scope of an authorized 
linear right-of-way, such as a railroad authorization or an oil and gas 
pipeline authorization, that solely support the operations authorized 
by that right-of-way and that are owned and operated by the 
authorization holder for that right-of-way;
    (3) Linear communications uses not listed on the schedule, such as 
telephone lines, fiber optic cables, and new technologies;
    (4) Grants for which the BLM determines the rent by competitive 
bidding; or
    (5) Communication facilities and uses for which a BLM State 
Director concurs that:
    (i) The expected annual rent, that the BLM estimates from market 
data, exceeds the rent from the rent schedule by at least five times; 
or
    (ii) The communication site serves a population of one million or 
more and the expected annual rent for the communications use or uses is 
more than $10,000 above the rent from the rent schedule.


Sec.  2866.31  How will the BLM calculate rent for Communications Uses 
in the schedule?

    (a) Basic rule. The BLM calculates rents for:
    (1) Single-use facilities by applying the rent from the 
communications uses rent schedule (see Sec.  2866.30) for the type of 
use and the population strata served; and
    (2) Multiple-use facilities, whose authorizations provide for 
subleasing, by setting the rent of the highest value use in the 
facility or facilities as the base rent (taken from the rent schedule) 
and adding to the base rent 25 percent of the rent from the rent 
schedule for all tenant uses in the facility or facilities that are not 
already being used as the base rent (rent = base rent + 25 percent of 
all rent due to additional tenant uses in the facility or facilities) 
(see also Sec. Sec.  2866.32 and 2866.34).
    (b) Exclusions. When calculating rent, the BLM will exclude 
customer uses, except as provided for at Sec. Sec.  2866.34(b)(4) and 
2866.42. The BLM will also exclude those uses exempted from rent by 
Sec.  2866.14 of this subpart, and any uses for which rent has been 
waived or reduced to zero as described in Sec.  2866.15.
    (c) Annual statement. By October 15 of each year, you, as a grant 
holder, must submit to the BLM a certified statement listing any 
tenants and customers in your facility or facilities and the category 
of use for each tenant or customer as of September 30 of the same year. 
The BLM may require you to submit additional information to calculate 
your rent. The BLM will determine the rent based on the annual 
inventory certification statement provided. The BLM requires only 
facility owners or facility managers to hold a grant (unless you are an 
occupant in a federally owned facility as described in Sec.  2866.42) 
and will charge you rent for your grant based on the total number of 
communications uses within the right-of-way and the type of uses and 
population strata the facility or site serves. If you fail to submit 
your annual inventory certification by October 15 (by electronic 
correspondence or postmarked), you may not receive any discounts, 
reductions, exemptions, or waivers (see Sec. Sec.  2866.14, 2866.15, 
and 2866.34), to which you may have been entitled.


Sec.  2866.32  How does the BLM determine the population strata served 
for your facility?

    (a) The BLM determines the population strata served as follows:
    (1) If the site or facility is within a designated RMA, the BLM 
will use the population strata of the RMA;
    (2) If the site or facility is within a designated RMA, and it 
serves two or more RMAs, the BLM will use the population strata of the 
RMA having the greatest population;
    (3) If the site or facility is outside an RMA, and it serves one or 
more RMAs, the BLM will use the population strata of the RMA served 
having the greatest population;
    (4) If the site or facility is outside an RMA and the site does not 
serve an RMA, the BLM will use the population strata of the community 
it serves having the greatest population, as identified in the current 
edition of the Rand McNally Road Atlas; or
    (5) If the site or facility is outside an RMA, and it serves a 
community of less than 25,000, the BLM will use the lowest population 
strata shown on the rent schedule.
    (b)(1) The BLM considers all facilities (and all uses within the 
same facility)

[[Page 25970]]

located at one site to serve the same RMA or community. However, at its 
discretion, the BLM may make case-by-case exceptions in determining the 
population served at a particular site by uses not located within the 
same facility and not authorized under the same grant. For example, 
when a site has a mix of high-power and low-power uses that are 
authorized by separate grants, and only the high-power uses are capable 
of serving an RMA or community with the greatest population, the BLM 
may separately determine the population strata served by the low-power 
uses (if not collocated in the same facility with the high-power uses), 
and calculate the rent as described in Sec.  2866.30.
    (2) For purposes of rent calculation, all uses within the same 
facility and/or authorized under the same grant must serve the same 
population strata.
    (3) For purposes of rent calculation, the BLM will not modify the 
population rankings published in the Rand McNally Commercial Atlas and 
Marketing Guide or the population of the community served.


Sec.  2866.33  How will the BLM calculate the rent for a single use 
communication facility grant?

    The BLM calculates the rent for a grant authorizing a single-use 
communication facility from the communications uses rent schedule (see 
Sec.  2866.30 of this subpart), based on your authorized single use and 
the population strata it serves (see Sec.  2866.32 of this subpart).


Sec.  2866.34  How will the BLM calculate the rent for a multiple-use 
communication facility grant?

    (a) Basic rule. The BLM first determines the population strata the 
communication facility serves according to Sec.  2866.32 of this 
subpart and then calculates the rent assessed to facility owners and 
facility managers for a grant for a communication facility that 
authorizes subleasing with tenants, customers, or both, as follows:
    (1) The BLM will determine the rent of the highest value use in the 
facility or facilities as the base rent, and add to it 25 percent of 
the rent from the rent schedule (see Sec.  2866.30) for each tenant use 
in the facility or facilities;
    (2) If the highest value use is not the use of the facility owner 
or facility manager, the BLM will consider the owner's or manager's use 
like any tenant or customer use in calculating the rent (see Sec.  
2866.35(b) for facility owners and Sec.  2866.39(a) for facility 
managers);
    (3) If a tenant use is the highest value use, the BLM will exclude 
the rent for that tenant's use when calculating the additional 25 
percent amount under paragraph (a)(1) of this section for tenant uses;
    (4) If a holder has multiple uses authorized under the same grant, 
such as a TV and a FM radio station, the BLM will calculate the rent as 
in paragraph (a)(1) of this section. In this case, the TV rent would be 
the highest value use and the BLM would charge the FM portion according 
to the rent schedule as if it were a tenant use.
    (b) Special applications. The following provisions apply when 
calculating rents for communications uses exempted from rent under 
Sec.  2866.14 of this subpart or communications uses whose rent has 
been waived or reduced to zero under Sec.  2866.15 of this subpart:
    (1) The BLM will exclude exempted uses or uses whose rent has been 
waived or reduced to zero (see Sec. Sec.  2866.14 and 2866.15) of 
either a facility owner or a facility manager in calculating rents. The 
BLM will exclude similar uses (see Sec. Sec.  2866.14 and 2866.15) of a 
customer or tenant if they choose to hold their own grant (see Sec.  
2866.36) or are occupants in a Federal facility (see Sec.  2866.42(a));
    (2) The BLM will charge rent to a facility owner whose own use is 
either exempted from rent or whose rent has been waived or reduced to 
zero (see Sec. Sec.  2866.14 and 2866.15), but who has tenants in the 
facility, in an amount equal to the rent of the highest value tenant 
use plus 25 percent of the rent from the rent schedule for each of the 
remaining tenant uses subject to rent;
    (3) The BLM will not charge rent to a facility owner, facility 
manager, or tenant (when holding a grant) when all of the following 
occur:
    (i) The BLM exempts from rent, waives, or reduces to zero the rent 
for the holder's use (see Sec. Sec.  2866.14 and 2866.15);
    (ii) Rent from all other uses in the facility is exempted, waived, 
or reduced to zero, or the BLM considers such uses as customer uses; 
and
    (iii) The holder is not operating the facility for commercial 
purposes (see Sec.  2866.15(c)(2)) with respect to such other uses in 
the facility; and
    (4) If a holder, whose own use is exempted from rent or whose rent 
has been waived or reduced to zero, is conducting a commercial activity 
with customers or tenants whose uses are also exempted from rent or 
whose rent has been waived or reduced to zero (see Sec. Sec.  2866.14 
and 2866.15), the BLM will charge rent, notwithstanding Sec.  
2866.31(b), based on the highest value use within the facility. This 
paragraph (b)(4) does not apply to facilities exempt from rent under 
Sec.  2866.14(a)(3) except when the facility also includes ineligible 
facilities.


Sec.  2866.35  How will the BLM calculate rent for private mobile radio 
service (PMRS), internal microwave, and ``other'' category uses?

    If an entity engaged in a PMRS, internal microwave, or ``other'' 
use is:
    (a) Using space in a facility owned by either a facility owner or 
facility manager, the BLM will consider the entity to be a customer and 
not include these uses in the rent calculation for the facility; or
    (b) The facility owner, the BLM will follow the provisions in Sec.  
2866.31 to calculate rent for a grant involving these uses. However, 
the BLM includes the rent from the rent schedule for a PMRS, internal 
microwave, or other use in the rental calculation only if the value of 
that use is equal to or greater than the value of any other use in the 
facility. The BLM excludes these uses in the 25 percent calculation 
(see Sec.  2866.31(a)) when their value does not exceed the highest 
value in the facility.


Sec.  2866.36  If I am a tenant or customer in a facility, must I have 
my own grant and if so, how will this affect my rent?

    (a) You may have your own authorization, but the BLM does not 
require a separate grant for tenants and customers using a facility 
authorized by a BLM grant that contains a subleasing provision. The BLM 
charges the facility owner or facility manager rent based on the 
highest value use within the facility (including any tenant or customer 
use authorized by a separate grant) and 25 percent of the rent from the 
rent schedule for each of the other uses subject to rent (including any 
tenant or customer use a separate grant authorizes and the facility 
owner's use if it is not the highest value use).
    (b) If you own a building, equipment shelter, or tower on public 
lands for communication purposes, you must have an authorization under 
this part, even if you are also a tenant or customer in someone else's 
facility.
    (c) The BLM will charge tenants and customers who hold their own 
grant in a facility, as grant holders, the full annual rent for their 
use based on the BLM communications use rent schedule. The BLM will 
also include such tenant or customer use in calculating the rent the 
facility owner or facility manager must pay.

[[Page 25971]]

Sec.  2866.37  How will the BLM calculate rent for a grant involving an 
entity with a single use (holder or tenant) having equipment or 
occupying space in multiple BLM-authorized facilities to support that 
single use?

    The BLM will include the single use in calculating rent for each 
grant authorizing that use. For example, a television station locates 
its antenna on a tower authorized by grant ``A'' and locates its 
related broadcast equipment in a building authorized by grant ``B.'' 
The statement listing tenants and customers for each facility (see 
Sec.  2866.31(c) of this subpart) must include the television use 
because each facility is benefitting economically from having the 
television broadcast equipment located there, even though the combined 
equipment is supporting only one single end use.


Sec.  2866.38  Can I combine multiple grants for facilities located at 
one site into a single grant?

    If you hold grants for two or more facilities on the same 
communications site, you may submit an SF-299 application and be 
subject to cost recovery for the BLM to authorize those facilities 
under a single grant. The highest value use in all the combined 
facilities determines the base rent. The BLM then charges for each 
remaining use in the combined facilities at 25 percent of the rent from 
the rent schedule. These uses include those uses the BLM previously 
calculated as base rents when the BLM authorized each of the facilities 
on an individual basis.


Sec.  2866.39  How will the BLM calculate rent for a grant for a 
facility manager's use?

    (a) The BLM will follow the provisions in Sec.  2866.31 to 
calculate rent for a grant involving a facility manager's use. However, 
the BLM includes the rent from the rent schedule for a facility 
manager's use in the rental calculation only if the value of that use 
is equal to or greater than the value of any other use in the facility. 
The BLM excludes the facility manager's use in the 25 percent 
calculation (see Sec.  2866.31(a)) when its value does not exceed the 
highest value in the facility.
    (b) If you are a facility owner and you terminate your use within 
the facility, but want to retain the grant for other purposes, the BLM 
will continue to charge you for your authorized use until the BLM 
amends the grant to change your use to facility manager or to some 
other communications use.


Sec.  2866.40  How will the BLM calculate rent for an authorization for 
ancillary Communications Uses associated with Communications Uses on 
the rent schedule?

    If the ancillary communication equipment is used solely in direct 
support of the primary use (see the definition of communications uses 
rent schedule in Sec.  2861.5 and the definition of ancillary in Sec.  
2801.5 of this chapter), the BLM will calculate and charge rent only 
for the primary use.


Sec.  2866.41  How will the BLM calculate rent for communications 
facilities ancillary to a linear grant or other use authorization?

    When a communications facility is authorized as ancillary to (i.e., 
used for the sole purpose of internal communications) a grant or some 
other type of use authorization (e.g., a mineral lease or sundry 
notice), the BLM will determine the rent using the linear rent schedule 
(see Sec.  2866.20) or rent scheme associated with the other 
authorization, and not the communications uses rent schedule.


Sec.  2866.42  How will the BLM calculate rent for Communications Uses 
within a federally owned communications facility?

    (a) If you are an occupant of a federally owned communication 
facility, you must have your own grant and pay rent in accordance with 
these regulations; and
    (b) If a Federal agency holds a grant and agrees to operate the 
facility as a facility owner under Sec.  2866.31, occupants do not need 
a separate BLM grant, and the BLM will calculate and charge rent to the 
Federal facility owner under Sec. Sec.  2866.30 through 2866.44.


Sec.  2866.43  How does the BLM calculate rent for passive reflectors 
and local exchange networks?

    The BLM calculates rent for passive reflectors and local exchange 
networks by using the same rent schedules for passive reflectors and 
local exchange networks as the Forest Service uses for the region in 
which the facilities are located. You may obtain the pertinent 
schedules from the Forest Service or from any BLM state or field office 
in the region in question. For passive reflectors and local exchange 
networks not covered by a Forest Service regional schedule, the BLM 
will use the provisions in Sec.  2806.70 of this chapter to determine 
rent. See the Forest Service regulations at 36 CFR chapter II.


Sec.  2866.44  How will the BLM calculate rent for a facility owner's 
or facility manager's grant which authorizes Communications Uses?

    This section applies to a grant that authorizes a mixture of 
communications uses, some of which are subject to the communications 
uses rent schedule and some of which are not. The BLM will determine 
rent for these grants under the provisions of this section.
    (a) The BLM establishes the rent for each of the uses in the 
facility that are not covered by the communications uses rent schedule 
using Sec.  2806.70 of this chapter.
    (b) The BLM establishes the rent for each of the uses in the 
facility that are covered by the rent schedule using Sec. Sec.  2866.30 
and 2866.31.
    (c) The BLM determines the facility owner or facility manager's 
rent by identifying the highest rent in the facility of those 
established under paragraphs (a) and (b) of this section and adding to 
it 25 percent of the rent of all other uses subject to rent.

Subpart 2868--Communications Uses Trespass


Sec.  2868.10  What is a Communications Uses Trespass?

    In addition to the provisions of Sec.  2808.10 of this chapter, 
holders of a grant must comply with this section. The following are 
prohibited:
    (a) Placement of any type of facilities such as generators, fuel 
tanks, equipment cabinets, additional towers or wind or solar power 
generation equipment on the public lands without formal BLM 
authorization to do so;
    (b) Subleasing communications facilities by allowing another entity 
to place equipment or utilize your tower without having BLM subleasing 
authority to do so; or
    (c) Affixing communications equipment, such as antennas, to 
vegetation or rocks on public lands without express authorization to do 
so.

PART 2880--RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT

0
39. The authority citation for part 2880 continues to read as follows:

    Authority: 30 U.S.C. 185 and 189, and 43 U.S.C. 1732(b), 1733, 
and 1740.

Subpart 2881--General Information

0
40. Amend Sec.  2881.2 by revising paragraph (c) to read as follows:


Sec.  2881.2  What is the objective of the BLM's right-of-way program?

* * * * *
    (c) Promotes the use of rights-of-way in common wherever practical, 
considering engineering and technological compatibility, national 
security, and land use plans; and
* * * * *

[[Page 25972]]


0
41. Amend Sec.  2881.5 by revising and republishing paragraph (b) to 
read as follows:


Sec.  2881.5  What acronyms and terms are used in the regulations in 
this part?

    (b) Terms. Unless a term is defined in this part, the defined terms 
in part 2800 of this chapter apply to this part. As used in this part, 
the term:
    Act means section 28 of the Mineral Leasing Act of 1920, as amended 
(30 U.S.C. 185).
    Actual costs means the financial measure of resources the Federal 
government expends or uses in processing a right-of-way application or 
in monitoring the construction, operation, and termination of a 
facility authorized by a grant or permit. Actual costs include both 
direct and indirect costs, exclusive of management overhead costs.
    Casual use means activities ordinarily resulting in no or 
negligible disturbance of the public lands, resources, or improvements. 
Examples of casual use include: Surveying, marking routes, and 
collecting data to prepare applications for grants or TUPs.
    Complete application means your application contains all the 
required information under Sec.  2884.11 and you received notification 
from the BLM that your application is complete.
    Cost recovery is a fee charged to an applicant or holder to cover 
the costs incurred by the BLM in the processing and monitoring 
associated with a right-of-way grant or TUP on public lands.
    Exempt from rent means that the BLM is precluded by statute or 
policy from collecting rent.
    Facility means an improvement or structure, whether existing or 
planned, that is, or would be, owned and controlled by the grant or TUP 
holder within the right-of-way or TUP area.
    Federal lands means all lands owned by the United States, except 
lands:
    (i) In the National Park System;
    (ii) Held in trust for an Indian or Indian tribe; or
    (iii) On the Outer Continental Shelf.
    Grant means any authorization or instrument BLM issues under 
section 28 of the Mineral Leasing Act, 30 U.S.C. 185, authorizing a 
nonpossessory, nonexclusive right to use Federal lands to construct, 
operate, maintain, or terminate a pipeline. The term includes those 
authorizations and instruments BLM and its predecessors issued for like 
purposes before November 16, 1973, under then existing statutory 
authority. It does not include authorizations issued under FLPMA (43 
U.S.C. 1761 et seq.).
    Monitoring activities means those activities, subject to Sec.  
2886.11, the Federal Government performs to ensure compliance with a 
right-of-way grant or TUP, such as assignments, amendments, or 
renewals.
    (i) For Monitoring Categories 1 through 4, monitoring activities 
include inspecting construction, operation, maintenance, and 
termination of permanent or temporary facilities and protection and 
rehabilitation activities up to the time the holder completes 
rehabilitation of the right-of-way or TUP and the BLM approves it;
    (ii) For Monitoring Category 5 (Master Agreements), monitoring 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (iii) For Monitoring Category 6, monitoring activities include 
those actions or activities agreed to between the BLM and the 
applicant.
    Oil or gas means oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced from them.
    Pipeline means a line crossing Federal lands for transportation of 
oil or gas. The term includes feeder lines, trunk lines, and related 
facilities, but does not include a lessee's or lease operator's 
production facilities located on its oil and gas lease.
    Pipeline system means all facilities, whether or not located on 
Federal lands, used by a grant holder in connection with the 
construction, operation, maintenance, or termination of a pipeline.
    Processing activities means those activities the Federal Government 
undertakes to evaluate an application for a right-of-way grant or TUP, 
including activities such as assignments, amendments, or renewals. It 
also includes preparation of an appropriate environmental document and 
compliance with other legal requirements in evaluating an application.
    (i) For Processing Categories 1 through 4, processing activities 
include preliminary application reviews, application processing, and 
administrative actions such as assignments and amendments to the right-
of-way or TUP;
    (ii) For Processing Category 5 (Master Agreements), processing 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (ii) For Processing Category 6, processing activities include those 
actions or activities agreed to between the BLM and the applicant.
    Production facilities means a lessee's or lease operator's pipes 
and equipment used on its oil and gas lease to aid in extracting, 
processing, and storing oil or gas. The term includes:
    (i) Storage tanks and processing equipment;
    (ii) Gathering lines upstream from such tanks and equipment, or in 
the case of gas, upstream from the point of delivery; and
    (iii) Pipes and equipment, such as water and gas injection lines, 
used in the production process for purposes other than carrying oil and 
gas downstream from the wellhead.
    Related facilities means those structures, devices, improvements, 
and sites, located on Federal lands, which may or may not be connected 
or contiguous to the pipeline, the substantially continuous use of 
which is necessary for the operation or maintenance of a pipeline, such 
as:
    (i) Supporting structures;
    (ii) Airstrips;
    (iii) Roads;
    (iv) Campsites;
    (v) Pump stations, including associated heliports, structures, 
yards, and fences;
    (vi) Valves and other control devices;
    (vii) Surge and storage tanks;
    (viii) Bridges;
    (ix) Monitoring and communication devices and structures housing 
them;
    (x) Terminals, including structures, yards, docks, fences, and 
storage tank facilities;
    (xi) Retaining walls, berms, dikes, ditches, cuts and fills; and
    (xii) Structures and areas for storing supplies and equipment.
    Right-of-way means the Federal lands BLM authorizes a holder to use 
or occupy under a grant.
    Substantial deviation means a change in the authorized location or 
use that requires-construction or use outside the boundaries of the 
right-of-way or TUP area or any change from, or modification of, the 
authorized use. The BLM may determine that there has been a substantial 
deviation in some of the following circumstances: When a right-of-way 
holder adds overhead or underground lines, pipelines, structures, or 
other facilities not expressly included in the current grant or TUP. 
Operation and maintenance actions or safety related improvements within 
an existing right-of-way are not considered a substantial deviation. 
Activities undertaken to reasonably prevent and suppress wildfires on 
or adjacent to the right-of-way do not constitute a substantial 
deviation.
    Temporary use permit or TUP means a document BLM issues under 30 
U.S.C. 185 that is a revocable, nonpossessory privilege to use 
specified Federal lands in the vicinity of and in connection with a 
right-of-way, to construct, operate, maintain, or terminate a pipeline 
or to

[[Page 25973]]

protect the environment or public safety. A TUP does not convey any 
interest in land.
    Third party means any person or entity other than BLM, the 
applicant, or the holder of a right-of-way authorization.

0
42. Amend Sec.  2881.7 by revising paragraphs (a) and (b)(1) to read as 
follows:


Sec.  2881.7  Scope.

    (a) What do these regulations apply to? The regulations in this 
part apply to:
    (1) Issuing, amending, assigning, renewing, and terminating grants 
and TUPs for pipelines, or parts thereof, that are:
    (i) On Federal land and outside the boundary of any Federal oil and 
gas lease;
    (ii) Within the boundary of a Federal oil and gas lease but owned 
by a party who is not a lessee or lease operator with respect to that 
lease; or
    (iii) Within the boundary of a Federal oil and gas lease but 
downstream from a custody transfer metering device; and
    (2) All grants and permits the BLM and its predecessors previously 
issued under Section 28 of the Act.
    (b) * * *
    (1) Production facilities on an oil and gas lease that operate for 
the benefit of the lease;
* * * * *


Sec.  2881.9  [Redesignated as Sec.  2881.8]

0
43. Redesignate Sec.  2881.9 as Sec.  2881.8.

Subpart 2883--Qualifications for Holding MLA Grants and TUPs

0
44. Amend Sec.  2883.14 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  2883.14  What happens to my grant or TUP if I die?

    (a) If a grant or TUP holder dies, any inheritable interest in the 
grant or TUP will be distributed under State law.
* * * * *

Subpart 2884--Applying for MLA Grants or TUPs

0
45. Amend Sec.  2884.11 by revising paragraphs (a) introductory text 
and (c)(6) to read as follows:


Sec.  2884.11  What information must I submit in my application?

    (a) File your application on Form SF-299 or as part of an 
Application for Permit to Drill or Reenter (BLM Form 3160-3) or Sundry 
Notice and Report on Wells (BLM Form 3160-5), available from any BLM 
office. The application must include the applicant's original signature 
or meet the BLM standards for electronic commerce. Your complete 
application must include:
* * * * *
    (c) * * *
    (6) A map of the project, showing its proposed location and showing 
existing facilities adjacent to the proposal. The required map may 
include Geographic Information Systems (GIS) file geodatabases (FGDB), 
or equivalent format such as shapefiles or .kmz files, as requested by 
the BLM;
* * * * *

0
46. Revise Sec.  2884.12 to read as follows:


Sec.  2884.12  What are the fee categories for cost recovery?

    (a) You must pay a cost recovery fee with the application to cover 
the costs to the Federal Government of processing your application 
before the Federal Government incurs them. These cost recovery fees are 
for the processing and monitoring activities associated with your 
grant. Subject to applicable laws and regulations, if your application 
will involve Federal agencies other than the BLM, your fee may also 
include the reasonable costs estimated to be incurred by those Federal 
agencies. Instead of paying the BLM a fee for the estimated work of 
other Federal agencies in processing your application, you may pay 
other Federal agencies directly for the costs estimated to be incurred 
by them. The cost recovery fees for Categories 1 through 4 (see 
paragraph (b) of this section) are not refundable. The fees are 
categorized based on an estimate of the amount of time that the Federal 
Government will spend to process your application and monitor your 
grant.
    (b) The BLM bases cost recovery fees on categories. The BLM will 
update the fee schedule for Categories 1 through 4 each calendar year, 
based on the previous year's change in the IPD-GDP, as measured second 
quarter to second quarter, rounded to the nearest dollar. The BLM will 
update Category 5 fees, which may include preliminary application 
review, processing, and monitoring, as specified in the applicable 
Master Agreement. Category 6 fees are for situations when a right-of-
way activity will require more than 64 hours, or when an environmental 
impact statement (EIS) is required and may include preliminary 
application review costs. The cost recovery categories and the 
estimated range of Federal work hours for each category are:

 Table 1 to Paragraph (b)--MLA Right-of-Way Cost Recovery Fee Categories
------------------------------------------------------------------------
   MLA right-of-way cost recovery category         Federal work hours
                 descriptions                           involved
------------------------------------------------------------------------
Category 1. Processing and monitoring          Estimated Federal work
 associated with an application or existing     hours are <=8.
 grant or TUP.
Category 2. Processing and monitoring          Estimated Federal work
 associated with an application or existing     hours are >8 <=24.
 grant or TUP.
Category 3. Processing and monitoring          Estimated Federal work
 associated with an application or existing     hours are >24 <=40.
 grant or TUP.
Category 4. Processing and monitoring          Estimated Federal work
 associated with an application or existing     hours are >40 <=64.
 grant or TUP.
Category 5. Master Agreements................  Varies, depending on the
                                                agreement.

[[Page 25974]]

 
Category 6. Processing and monitoring          Estimated Federal work
 associated with an application or existing     hours are >64.
 grant or TUP, including preliminary-
 application reviews.*
------------------------------------------------------------------------
* Preliminary application review costs are those expenses related to
  meetings held between a Federal agency and the applicant to discuss a
  right-of-way application. These reviews are not required but are
  encouraged.

    (c) You may obtain a copy of the current cost recovery fee schedule 
at https://www.blm.gov, by contacting your local BLM state, district, 
or field office, or by writing: Attention to the Division of Lands, 
Realty and Cadastral Survey, U.S. Department of the Interior, Bureau of 
Land Management, 1849 C Street NW, Mail Stop 2134LM, Washington, DC 
20240.
    (d) After an initial review of your application, the BLM will 
notify you of the processing category into which your application fits. 
You must then submit the appropriate payment for that category before 
the BLM will begin processing your application. Your signature on a 
cost recovery Master Agreement constitutes your agreement with the cost 
recovery category decision. For reimbursement of the BLM's costs for 
Category 5 and 6 right-of-way applications or grants, see Sec. Sec.  
2884.15, 2884.16, and 2884.17. If you disagree with the category that 
the BLM has determined for your application, you may appeal the 
decision under Sec.  2881.10. If you paid the cost recovery fee and you 
appeal a Category 1 through 4 determination, the BLM will work on your 
application, grant, or TUP while the appeal is pending. If IBLA finds 
in your favor, you will receive a refund or adjustment of your cost 
recovery fee.
    (e) In processing your application, the BLM may determine at any 
time that the application requires preparing an EIS. If this occurs, 
the BLM will send you a decision changing your cost recovery category 
to Category 6. You may appeal the decision under Sec.  2881.10.
    (f) If you hold an authorization relating to TAPS, the BLM will 
send you a written statement seeking reimbursement of actual costs 
within 60 calendar days after the close of each quarter. Quarters end 
on the last day of March, June, September, and December. In processing 
applications and administering authorizations relating to TAPS, the 
Department of the Interior will avoid unnecessary employment of 
personnel and needless expenditure of funds.

0
47. Revise Sec.  2884.13 to read as follows:


Sec.  2884.13  When will the BLM waive cost recovery fees?

    (a) The BLM may waive your cost recovery fees if you are a:
    (1) State or local government, or an agency of such a government, 
and the BLM issues the grant for governmental purposes benefitting the 
general public. However, if you collect revenue from charges you levy 
on customers for services similar to those of a profit-making 
corporation or business, or you assess similar fees to the United 
States for similar purposes, cost recovery fees will not be waived; or
    (2) Federal agency, and your cost recovery category determination 
is Category 1 to 4.
    (b) The BLM will not waive your cost recovery fees if you are in 
trespass.

0
48. Amend Sec.  2884.14 by revising the section heading to read as 
follows:


Sec.  2884.14  When does the BLM reevaluate the cost recovery fees?

* * * * *

0
49. Amend Sec.  2884.15 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  2884.15  What is a Master Agreement (Cost Recovery Category 5) 
and what information must I provide to the BLM when I request one?

    (a) A Master Agreement (Cost Recovery Category 5) is a written 
agreement covering processing and monitoring fees (see Sec.  2884.16 of 
this part) negotiated between the BLM and you that involves multiple 
BLM grant or TUP approvals for projects within a defined geographic 
area or for a specific common activity for many projects.
* * * * *

0
50. Amend Sec.  2884.16 by:
0
a. Revising paragraphs (a)(2), (5) and (8);
0
b. Redesignating paragraph (a)(9) as (a)(10) and adding a new paragraph 
(a)(9); and
0
c. Adding paragraph (c).
    The additions and revisions read as follows:


Sec.  2884.16  What provisions do Master Agreements contain and what 
are their limitations?

    (a) * * *
    (2) Describes the work you will do and the work the BLM will do to 
complete right-of-way activities;
* * * * *
    (5) Explains how the BLM will monitor actions on a grant or TUP and 
how the BLM will receive payment for this work;
* * * * *
    (8) Contains specific conditions for terminating the Agreement;
    (9) May be prepared so that it includes previously granted rights-
of-way held by the right-of-way holder; and
* * * * *
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of cost recovery fees.

0
51. Amend Sec.  2884.17 by
0
a. Revising the section heading, paragraph (a), and paragraph (b)(3);
0
b. Redesignating paragraphs (b)(4) and (b)(5) as paragraphs (b)(5) and 
(b)(6); and
0
c. Adding a new paragraph (b)(4).
    The revisions and addition read as follows:


Sec.  2884.17  How will the BLM manage my Category 6 project?

    (a) For Category 6 applications, you and the BLM must enter into a 
written agreement that describes how the BLM will process your 
application or monitor your grant. The BLM may require that the final 
agreement contains a work plan and a financial plan, and a description 
of any existing agreements you have with other Federal agencies for 
cost reimbursement associated with such application or grant.
    (b) * * *
    (3) Develop a preliminary financial plan, if applicable, which 
estimates the actual costs of processing your application and 
monitoring your project;
    (4) Collect, in advance and at the BLM's discretion, a deposit for 
your Category 6 project to initiate processing your application while 
all of the plans and agreements are being completed;
* * * * *

0
52. Amend Sec.  2884.21 by revising paragraph (c) to read as follows:

[[Page 25975]]

Sec.  2884.21  How will the BLM process my application?

* * * * *
    (c) Customer service standard. The BLM will process your complete 
application as follows:

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
   Processing category       Processing time           Conditions
------------------------------------------------------------------------
1-4......................  60 calendar days...  If processing your
                                                 application(s) for a
                                                 right-of-way or TUP
                                                 will take longer than
                                                 60 calendar days, the
                                                 BLM will notify you in
                                                 writing of this fact
                                                 prior to the 30th
                                                 calendar day and inform
                                                 you of when you can
                                                 expect a final decision
                                                 on your application.
5........................  As specified in the  The BLM will process
                            Master Agreement.    your right-of-way or
                                                 TUP application(s) as
                                                 specified in the Master
                                                 Agreement.
6........................  Over 60 calendar     The BLM will notify you
                            days.                in writing within the
                                                 initial 60-day
                                                 processing period of
                                                 the estimated
                                                 processing time.
------------------------------------------------------------------------

* * * * *

0
53. Amend Sec.  2884.23 by revising paragraph (a)(6) to read as 
follows:


Sec.  2884.23  Under what circumstances may the BLM deny my 
application?

    (a) * * *
    (6) You do not comply with a deficiency notice (see Sec.  
2804.25(c)) or with any requests from the BLM for additional 
information needed to process the application.
* * * * *

0
54. Revise Sec.  2884.24 to read as follows:


Sec.  2884.24  What fees must I pay if the BLM denies my application, 
or if I withdraw my application or relinquish my grant or TUP?

    If the BLM denies your application, you withdraw it, or you 
relinquish your grant or TUP, you owe the current fees for the 
applicable cost recovery category as set forth at Sec.  2884.12(b), 
unless you have a Category 5 or 6 application. Then, the following 
conditions apply:
    (a) If the BLM denies your Category 5 or 6 application, you are 
liable for the actual costs that the United States incurred in 
processing it. The money you have not paid is due within 30 calendar 
days after receiving a bill for the amount due;
    (b) If you withdraw your application in writing before the BLM 
issues a grant or TUP, you are liable for all actual processing costs 
the United States has incurred up to the time you withdraw the 
application and for the actual costs of terminating your application. 
Any money you have not paid is due within 30 calendar days after 
receiving a bill for the amount due; and
    (c) If you relinquish your grant or TUP in writing, you are liable 
for all actual costs the United States has incurred up to the time you 
relinquish the grant and for the actual costs of closing your grant. 
Any cost recovery money you have not previously paid is due within 30 
calendar days after receiving a bill for the amount due. The BLM will 
refund any cost recovery money you paid in Categories 5 or 6 that was 
not used to cover costs the United States incurred as a result of your 
grant.

0
55. Revise Sec.  2884.27 to read as follows:


Sec.  2884.27  What additional requirements are necessary for grants 
for pipelines 24 or more inches in diameter?

    If an application is for a grant for a pipeline 24 inches or more 
in diameter, the BLM will not issue or renew the grant until after the 
BLM notifies the appropriate committees of Congress in accordance with 
30 U.S.C. 185(w).

Subpart 2885--Terms and Conditions of MLA Grants and TUPs

0
56. Amend Sec.  2885.12 by revising the section heading to read:


Sec.  2885.12  What rights does a grant or TUP provide?

* * * * *

0
57. Amend Sec.  2885.17 by revising paragraph (e) and adding a new 
paragraph (g) to read as follows:


Sec.  2885.17  What happens if I do not pay rents and fees or if I pay 
the rents or fees late?

* * * * *
    (e) The BLM will retroactively bill for uncollected or under-
collected rent, including late payment and administrative fees.
* * * * *
    (g) The BLM will not approve any further activities associated with 
your right-of-way until the BLM receives any outstanding payments that 
are due.
    58. Amend Sec.  2885.19 by revising paragraph (b) to read as 
follows:


Sec.  2885.19  What is the rent for a linear right-of-way grant?

* * * * *
    (b) You may obtain a copy of the current Per Acre Rent Schedule at 
https://www.blm.gov, by contacting your local BLM state, district, or 
field office, or by writing: Attention to the Division of Lands, Realty 
and Cadastral Survey, U.S. Department of the Interior, Bureau of Land 
Management, 1849 C Street NW, Mail Stop 2134LM, Washington, DC 20240.

0
59. Revise Sec.  2885.24 to read as follows:


Sec.  2885.24  If I hold a grant or TUP, what cost recovery fees must I 
pay?

    (a) Subject to Sec.  2886.11, you must pay a fee to the BLM for any 
costs the Federal Government incurs in processing, inspecting, and 
monitoring the construction, operation, maintenance, and termination of 
the pipeline and protection and rehabilitation of the Federal lands 
your grant or TUP covers. The BLM categorizes the cost recovery fees 
based on the estimated number of work hours necessary to manage your 
grant or TUP. Categories 1 through 4 fees are not refundable. The 
description of each Category and the associated work hours is found at 
Sec.  2884.12(b).
    (b) The BLM will update the cost recovery fee schedule for 
Categories 1 through 4 each calendar year, based on the previous year's 
change in the IPD-GDP, as measured second quarter to second quarter 
rounded to the nearest dollar. The BLM will update Category 5 cost 
recovery fees as specified in the applicable Master Agreement.
    (c) You may obtain a copy of the current cost recovery fee schedule 
at https://www.blm.gov, by contacting your local BLM state, district, 
or field office, or by writing: Attention to the Division of Lands, 
Realty and Cadastral Survey, U.S. Department of the Interior, Bureau of 
Land Management, 1849 C Street NW, Mail Stop 2134LM, Washington, DC 
20240.

Subpart 2886--Operations on MLA Grants and TUPs

0
60. Amend Sec.  2886.17 by revising paragraph (c)(2), redesignating

[[Page 25976]]

paragraph (c)(3) as paragraph (c)(4) and adding a new paragraph (c)(3) 
to read as follows:


Sec.  2886.17  Under what conditions may BLM suspend or terminate my 
grant or TUP?

* * * * *
    (c) * * *
    (2) The BLM consents in writing to your request to relinquish the 
grant or TUP;
    (3) A court terminates it or requires the BLM to terminate it; or
* * * * *

Subpart 2887--Amending, Assigning, or Renewing MLA Grants and TUPs

0
61. Amend Sec.  2887.10 by revising paragraph (b) to read as follows:


Sec.  2887.10  When must I amend my application, seek an amendment of 
my grant or TUP, or obtain a new grant or TUP?

* * * * *
    (b) The requirements to amend an application or a grant or TUP are 
the same as those for a new application, including paying cost recovery 
fees and rent according to Sec. Sec.  2884.12, 2885.23, 2885.19, and 
2886.11.
* * * * *

0
62. Amend Sec.  2887.11 by adding paragraph (i) to read as follows:


Sec.  2887.11  May I assign or make other changes to my grant or TUP?

* * * * *
    (i) You must seek an amendment of your authorization if you propose 
a substantial deviation in location or use.

0
63. Amend Sec.  2887.12 by revising paragraph (b) and adding paragraphs 
(f) and (g) to read as follows:


Sec.  2887.12  How do I renew my grant?

* * * * *
    (b) The BLM may modify the terms and conditions of the grant at the 
time of renewal, and you must pay the cost recovery fees.
* * * * *
    (f) If you do not submit your application under paragraph (a) of 
this section at least 120 days prior to authorization expiration, it is 
considered delinquent; the BLM will not be subject to the customer 
service standards in this chapter, and it will be processed only as 
time and resources are available.
    (g) The BLM will review your application and determine if you have 
complied with all of the provisions in this part and whether or not 
your authorized use will be renewed. The BLM will notify you within 30 
days from acceptance of a complete application if it will take longer 
than 60 days to review your application.

Subpart 2888--Trespass

0
64. Amend Sec.  2888.10 by revising paragraph (a) to read as follows:


Sec.  2888.10  What is a trespass?

    (a) Trespass is using, occupying, developing, or subleasing the 
public lands or their resources without a required authorization or in 
a way that is beyond the scope and terms and conditions of your 
authorization. Trespass is a prohibited act.
* * * * *

PART 2920--LEASES, PERMITS AND EASEMENTS

0
65. The authority citation for part 2920 continues to read as follows:

    Authority: 43 U.S.C. 1740.

Subpart 2920--Leases, Permits and Easements: General Provisions

0
66. Revise Sec.  2920.0-5 to read as follows:


Sec.  2920.0-5  Definitions.

    As used in this part, the term:
    (a) Applicant means any person who submits an application for a 
land use authorization under this part.
    (b) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part.
    (c) Casual use means any short-term non-commercial activity that 
does not cause appreciable damage or disturbance to the public lands, 
their resources, or improvements, and that is not prohibited by closure 
of the lands to such activities.
    (d) Cost recovery is a fee charged to an applicant or holder to 
reimburse the United States for processing and monitoring costs that 
concern applications and other documents relating to the public lands, 
or that are incurred when processing, inspecting, or monitoring any 
proposed or authorized leases, permits, and easements located on the 
public lands.
    (e) Easement means an authorization for a non-possessory, non-
exclusive interest in lands which specifies the rights of the holder 
and the obligation of the Bureau of Land Management to use and manage 
the lands in a manner consistent with the terms of the easement.
    (f) Knowing and willful means that a violation is knowingly and 
willfully committed if it constitutes the voluntary or conscious 
performance of an act which is prohibited or the voluntary or conscious 
failure to perform an act or duty that is required. The term does not 
include performances or failures to perform which are honest mistakes 
or which are merely inadvertent. The term includes, but does not 
require, performances or failures to perform which result from a 
criminal or evil intent or from a specific intent to violate the law. 
The knowing or willful nature of conduct may be established by plain 
indifference to or reckless disregard of the requirements of law, 
regulations, orders, or terms of a lease, permit, and easement. A 
consistent pattern of performance or failure to perform also may be 
sufficient to establish the knowing or willful nature of the conduct, 
where such consistent pattern is neither the result of honest mistake 
nor mere inadvertency. Conduct which is otherwise regarded as being 
knowing or willful is rendered neither accidental nor mitigated in 
character by the belief that the conduct is reasonable or legal.
    (g) Land use authorization means any authorization to use the 
public lands issued under this part.
    (h) Land use proposal means an informal statement, in writing, from 
any person to the authorized officer requesting consideration of a 
specified use of the public lands.
    (i) Land use plan means resource management plans or management 
framework plans prepared by the Bureau of Land Management pursuant to 
its land use planning system.
    (j) Lease means an authorization to possess and use public lands 
for a fixed period of time.
    (k) Permit means a short-term revocable authorization to use public 
lands for specified purposes.
    (l) Person means any person or entity legally capable of conveying 
and holding lands or interests therein, under the laws of the State 
within which the lands or interests therein are located, who is a 
citizen of the United States, or in the case of a corporation, is 
subject to the laws of any State or of the United States.
    (m) Proponent means any person who submits a land use proposal, 
either on his/her own initiative or in response to a notice for 
submission of such proposals.
    (n) Public lands means lands or interests in lands administered by 
the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts, 
and Eskimos.

0
67. Amend Sec.  2920.6 by revising the section heading and paragraphs 
(b), (d), and (h) to read as follows:


Sec.  2920.6  Payment of cost recovery fees.

* * * * *

[[Page 25977]]

    (b) The selected land use applicant shall pay cost recovery fees to 
the United States for reasonable administrative and other costs 
incurred by the United States in processing a land use authorization 
application and in monitoring construction, operation, maintenance, and 
rehabilitation of facilities authorized under this part, including 
preparation of reports and statements required by the National 
Environmental Policy Act of 1969 (43 U.S.C. 4321 et seq.). The payment 
of cost recovery fees shall be in accordance with the provisions of 
Sec. Sec.  2804.14 and 2805.16 of this chapter.
* * * * *
    (d) A selected applicant who withdraws, in writing, a land use 
application before a final decision is reached on the authorization is 
responsible for all reasonable costs incurred by the United States in 
processing the application up to the day that the authorized officer 
receives notice of the withdrawal and for costs subsequently incurred 
by the United States in terminating the proposed land use authorization 
process. Payment of cost recovery fees shall be made within 30 days of 
receipt of notice from the authorized officer of the amount due.
* * * * *
    (h) The authorized officer shall, on request, give a selected 
applicant an estimate, based on the best available cost information, of 
the reasonable costs that may be incurred by the United States in 
processing the proposed land use authorization. However, payment of 
cost recovery fees shall not be limited to the estimate of the 
authorized officer if actual costs exceed the projected estimate.

0
68. Amend Sec.  2920.8 by revising paragraph (b) to read as follows:


Sec.  2920.8  Fees.

* * * * *
    (b) Cost Recovery fees. Each request for renewal, transfer, or 
assignment of a lease or easement must be accompanied by non-refundable 
cost recovery fees determined in accordance with the provisions of 
Sec. Sec.  2804.14 and 2805.16 of this chapter.

[FR Doc. 2024-06997 Filed 4-11-24; 8:45 am]
BILLING CODE 4331-29-P