Update of the Communications Uses Program, Cost Recovery Fee Schedules, and Section 512 of FLPMA for Rights-of-Way, 67306-67350 [2022-22608]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Proposed Rules]
[Pages 67306-67350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22608]



[[Page 67305]]

Vol. 87

Monday,

No. 214

November 7, 2022

Part III





Department of the Interior





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Bureau of Land Management





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43 CFR Parts 2800, 2860, 2880, and 2920





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

Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / 
Proposed Rules

[[Page 67306]]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2800, 2860, 2880, and 2920

[LLHQ350000.L51020000.ER0000, 22X]
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: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its 
existing regulations to enhance the communications uses program, update 
its cost recovery fee schedules, and add provisions governing the 
development and approval of operations, maintenance, and fire 
prevention plans and agreements for rights-of-way (ROWs) for electric 
transmission and distribution facilities (powerlines). Communication 
uses and powerlines are two of many ROW activities authorized under the 
Federal Land Policy and Management Act of 1976, as amended (FLPMA). 
Cost recovery fees apply to most ROW activities authorized under either 
Title V of FLPMA or the Mineral Leasing Act of 1920, as amended (MLA), 
as well as to land use authorizations under Title III of FLPMA.

DATES: Please submit comments on or before January 6, 2023. The BLM is 
not obligated to consider any comments received after this date in 
making its decision on the final rule.
    Information Collection Requirements: This document includes 
proposed new information collection requirements that must be approved 
by the Office of Management and Budget (OMB). If you wish to comment on 
the new information collection requirements in this document, please 
note that such comments should be sent directly to the OMB, and that 
the OMB is required to make a decision concerning the collection of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to the OMB on the proposed information collection revisions 
is best assured of being given full consideration if the OMB receives 
it by January 6, 2023.

ADDRESSES: 
    Mail, personal, or messenger delivery: U.S. Department of the 
Interior, Director (HQ-630), Bureau of Land Management, Room 5646, 1849 
C St. NW, Washington, DC 20240, Attention: Regulatory Affairs: 1004-
AE60.
    Federal eRulemaking Portal: https://www.regulations.gov. In the 
Searchbox, enter ``RIN 1004-AE60'' and click the ``Search'' button. 
Follow the instructions at this website.

Information Collection Activities

    Information Collection Requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted by the date specified above in the DATES section to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. If you submit comments on 
the information collection burdens, you should provide the BLM with a 
copy at one of the addresses shown earlier in this section, so that we 
can summarize all written comments and address them in the final 
rulemaking. Please indicate ``Attention: OMB Control Number 1004-NEW 
(RIN 1004-AE60).'' Comments not pertaining to the proposed rule's 
information collection burdens should not be submitted to OMB. The BLM 
is not obligated to consider or include in the Administrative Record 
for the final rule any comments that are improperly directed to OMB.

FOR FURTHER INFORMATION CONTACT: Erica Pionke via email at 
[email protected] or via phone at (202) 570-2624; or Jennifer Noe via 
email at [email protected] for information relating to the general 
rulemaking process. 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.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
    A. Introduction
    B. Need for the Proposed Rule
    C. Statutory Authority
III. Discussion of the Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

    If you wish to comment on this proposed rule, you may submit your 
comments to the BLM, marked with the number RIN 1004-AE60, by mail, 
personal or messenger delivery, or through https://www.regulations.gov 
(see the ADDRESSES section). Please note that comments on this proposed 
rule's information collection burdens should be submitted to the OMB as 
described in the ADDRESSES section.
    Please make your comments on the proposed rule as specific as 
possible, confine them to issues pertinent to the proposed rule, and 
explain the reason for any changes you recommend. Where possible, your 
comments should reference the specific section or paragraph of the 
proposal that you are addressing. The comments and recommendations that 
will be most useful and likely to influence agency decisions are:
    1. Those supported by quantitative information or studies; and
    2. Those that include citations to, and analyses of, the applicable 
laws and regulations.
    The BLM is not obligated to consider or include in the 
Administrative Record for the final rule comments that we receive after 
the close of the comment period (see DATES) or comments delivered to an 
address other than those listed above (see ADDRESSES).
    Comments, including names and street addresses of respondents, will 
be available for public review at the address listed under ``ADDRESSES: 
Mail, personal, or messenger delivery'' during regular business hours 
(7:45 a.m. to 4:15 p.m. EST), Monday through Friday, except holidays. 
Before including your address, telephone number, email address, or 
other personal identifying information in your comment, be advised that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in 
your comment to withhold from public review your personal identifying 
information, we cannot guarantee that we will be able to do so.

II. Background

A. Introduction

    The subject matter of this proposed rule pertains principally to 
the BLM's ROW program under 43 CFR parts 2800 and 2880, land use 
authorizations under part 2920, and newly proposed part 2860. Although 
the discussion in this preamble focuses on ROWs, and most revisions in 
the proposed rule relate to ROWs issued under parts 2800 and 2880, and 
proposed part 2860, similar revisions are being proposed that would 
apply to authorizations under part 2920.
    In order for the reader to better understand the following 
discussion, as defined in 43 CFR 2801.5, a ``grant'' means any 
authorization or instrument (e.g., easement, lease, license, or permit) 
BLM issues under Title V of FLPMA. A

[[Page 67307]]

``right-of-way'' means the public lands that the BLM authorizes a 
holder to use or occupy under a particular grant or lease.
    In this rule, there are three distinct topics being considered. 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.) or the MLA (30 U.S.C. 185 et seq.), for 
the Federal Government's expenses in undertaking ROW work. The third 
topic pertains to a recent amendment to add a new Section 512 to Title 
V of FLPMA (43 U.S.C. 1772) and addresses the risk of fires from 
powerline ROWs on public lands. Each of these topics is discussed in 
this preamble; however, proposed changes in regulations pertaining to 
these topics are discussed in the section-by-section discussion in the 
order in which they are or would be found in the regulatory text. The 
proposed revisions should be considered separately. If a court holds 
any provision of one part of this proposed rule invalid, it should not 
affect the other parts of the proposed rule. Additionally, this 
proposed rule adds a severability clause to part 2860 for consistency 
with similar existing provisions in parts 2800 and 2880. The BLM is 
especially interested in receiving public comments and information 
discussing the BLM's proposed updates to its cost recovery fee 
categories for Federal ROW work activities, and whether the proposed 
regulations implementing the amendment to Title V of FLPMA effectively 
capture the statutory requirements.
Communications Uses
    In the 21st century, broadband is just as vital 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 for 
these areas 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 
increase broadband deployment in underserved areas. As the land 
management agency with the responsibility to manage the largest 
inventory of public land within the Federal Government, the BLM 
proposes to amend regulatory provisions for the processing and 
monitoring of various ROWs, including those for communications uses. 
Currently, there are 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. 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).
    While communications companies, cooperatives, and other private 
entities ultimately make decisions on locations to construct and/or 
upgrade broadband infrastructure, from communications towers to linear 
ROWs for fixed terrestrial broadband access, the Department of the 
Interior (Department) administers a significant amount of land as well 
as existing permitted infrastructure that can be leveraged for 
increased connectivity in rural America.
    This proposed rule would revise the existing regulations pertaining 
to communications uses by streamlining processes and establishing new 
customer service standards. The rule also proposes several technical 
changes to clarify the communications regulations.
Cost Recovery
    Both the FLPMA and MLA authorize the Federal Government to collect 
fees, called cost recovery, for the 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. In 2005, the BLM finalized regulations 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. Despite those annual 
adjustments, the fee amounts in the current cost recovery schedule do 
not presently reflect the costs associated with the work. These costs 
include both direct and indirect costs, exclusive of management 
overhead costs. The indirect administrative cost rate is determined at 
the beginning of each Fiscal Year (FY) and incorporates administrative 
support. Annual cost recovery adjustments are made to take effect at 
the beginning of each calendar year. BLM managers and employees, when 
engaged in either project or program activities where the indirect 
administrative cost rate assessment is applicable, must include the 
indirect costs when calculating the cost of providing services to 
another Federal agency, or ROW or grant applicant.
    This proposed rule would increase the cost recovery fees to better 
reflect the current costs of processing and monitoring minor category 
ROWs. Additionally, minor category ROWs are those that take less than 
50 hours under the current rule and would take less than 64 hours under 
the proposed rule for a BLM realty specialist to process. This would 
allow more applications to qualify as a minor category, eliminating the 
labor to establish, monitor, and maintain appropriate accounting of 
major category cost recovery accounts on those applications. The BLM 
believes this proposed change would increase operational efficiency. 
Lastly, this rule proposes several technical changes to 43 CFR parts 
2800 and 2880, that would clarify and expedite other ROW tasks.
Section 512 of FLPMA
    In March of 2018, Congress amended FLPMA to add Section 512 (43 
U.S.C. 1772), which establishes requirements for the BLM and the USFS 
to develop and implement final 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. The proposed rule 
would revise regulations governing the issuance, renewal, and amendment 
of grants for powerlines. The BLM administers nearly 17,000 existing 
ROWs for powerlines on public lands. The USFS published a proposed rule 
on September 25, 2019 (84 FR 50698), a final rule on July 10, 2020 (85 
FR 41387), an amendment to the final rule on August 11, 2020 (85 FR 
48475), and draft policy on December 10, 2020 (85 FR 79463) to 
implement Section 512 of FLPMA on land managed by USFS.
    The BLM's proposed rule would add a definition for hazard tree 
consistent with the definition in Section 512, and make other changes 
intended to implement Section 512, including its provisions related to 
emergency

[[Page 67308]]

conditions. This proposed rule is consistent with the direction in 
Section 512(b)(1) for the BLM to issue guidance ``[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 and abutting Federal land, 
including hazard trees.'' Finally, this proposed rule is also 
consistent with the policies issued by each of the BLM State Offices 
regarding vegetation management on ROWs.

B. Need for the Proposed Rule

Communications Uses
    It is an Administration 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.
    On January 8, 2018, Executive Order (E.O.) 13821 was issued to 
promote better access to broadband internet service in rural America. 
E.O. 13821 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, 
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) was issued to the Secretary of 
the Interior (Secretary) entitled, ``Supporting Broadband Tower 
Facilities in Rural America on Federal Properties Managed by the 
Department of the Interior.'' This Memorandum states that it is the 
policy of the executive branch to make Federal assets more available 
for rural broadband deployment, with due consideration for national 
security concerns. The Memorandum directs the Secretary 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 assets that can be used 
to support rural broadband deployment and adoption.''
    On March 23, 2018, the Consolidated Appropriations Act, 2018 was 
signed into law. (Pub. L. 115-141, 132 Stat. 348.) Title VI of Division 
P of that law, called the ``Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act'' or ``MOBILE NOW Act,'' amended section 6409 of the Middle Class 
Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96, 126 Stat. 156 
(codified at 47 U.S.C 1455)).
    This proposed rule would incorporate 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:
    In General--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.
    This proposed rule would provide for the electronic filing of ROW 
applications, along with other document submissions. 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 to install, construct, modify, or maintain communications 
facilities (including broadband infrastructure) on federally owned 
lands. 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. The 
proposed rule would require use of the SF-299 for all communications 
uses grants, thereby making the proposed rule consistent with the 
MOBILE NOW Act.
    By updating regulations, the BLM could improve response times and 
address the current lack of certainty in the communications uses grant 
process, which impacts industry construction schedules and may increase 
construction costs.
Cost Recovery
    The current ROW regulations, found in 43 CFR parts 2800 and 2880, 
became effective June 21, 2005, and 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 existing cost recovery fee collections do not 
adequately cover the costs incurred by the BLM for processing and 
monitoring ROW applications and grants under both the FLPMA and the 
MLA. These proposed regulations would revise 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.
    The BLM reviewed current labor and other costs and the time 
required to perform work on minor category (currently Categories 1-4) 
ROW applications and grants. For applications or grants that would take 
the BLM more than 64 hours to process, the BLM would continue to 
collect cost recovery under Categories 5 or 6 under this rule. In 
addition, this rule proposes several technical changes to the 
previously cited regulations that would clarify and expedite completion 
of other ROW-related tasks.
    This proposed rule, which would update cost recovery processes, 
addresses FLPMA grants for ROWs, MLA grants and temporary use permits 
(TUPs), and leases, permits, and easements that cross public lands. 
General provisions for ROW grants are found in 43 CFR subparts 2801 and 
2881.
    Most of the steps involved in performing necessary work pertaining 
to ROW authorizations, terminations, assignments, etc., are the same 
for both FLPMA and MLA ROWs. Typically, unless exempt, an applicant 
must reimburse the BLM for its reasonable costs incurred in processing 
and monitoring a FLPMA ROW activity, including conducting an 
environmental review as required by the National Environmental Policy 
Act (NEPA) (42 U.S.C. 4321 et seq.). Unlike FLPMA, under the MLA, an 
applicant must reimburse the United States for its actual costs in 
completing ROW activities. The Federal Government collects cost 
recovery before the BLM begins tasks related to a ROW application or 
other ROW-related activity.
    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.

[[Page 67309]]

1732) and 43 CFR part 2920. The proposed rule would revise the 
regulations for these authorizations, found in Sec.  2920.8(b), to 
provide consistency with the revisions made to the cost recovery 
provisions proposed to change under this rule in part 2800.
Section 512 of FLPMA
    On March 23, 2018, Congress amended the 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). The proposed 
rule would add definitions for hazard tree and operations, maintenance, 
and fire prevention plan, as well as make other revisions pertaining to 
ROW administration to address fire risks on public lands. This proposed 
rule would define operations, maintenance, and fire prevention plan as 
a plan that provides 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, to enhance electric reliability, promote public safety, and 
avoid fire hazards.
    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 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 coming 
into contact with live powerlines or structural failures of powerline 
infrastructure.
Right-of-Way Renewals
    Each year, about 500 oil and gas pipeline ROWs and 400 power 
transmission and distribution ROWs expire. Due to resources challenges, 
over the years the BLM has not kept pace renewing these authorizations. 
The updated provisions in the proposed rule would help expedite 
processing of expired and expiring ROWs.

C. Statutory Authority

    Section 310 of FLPMA (43 U.S.C. 1740) authorizes the Secretary to 
promulgate regulations to implement the statute with respect to public 
lands. The 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 the 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 Consolidated Appropriations Act, 2018 amended FLPMA by adding a 
new Section 512 (43 U.S.C. 1772) and directed the Secretary to 
promulgate regulations to implement this new section.

III. Discussion of the Proposed Rule

43 CFR Part 2800 Rights-of-Way Authorized Under FLPMA

    Part 2800 of title 43 of the Code of Federal Regulations describes 
requirements for general ROWs issued under the FLPMA and MLA. This 
proposed rule would revise the cost recovery fee schedule and its 
categories. The communications uses provisions found in this part would 
either be moved to new part 2860 or removed. Other minor modifications 
would 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 proposed rule would add the words ``wherever practical'' to the 
objective described in Sec.  2801.2(c). This proposed revision would 
more closely align the objective of promoting ROWs in common with the 
requirement described in Section 503 (43 U.S.C. 1763) of the FLPMA:
    In order to minimize adverse environmental impacts and the 
proliferation of separate rights-of-way, the utilization of rights-of-
way in common shall be required to the extent practical.
Section 2801.5 What acronyms and terms are used in the regulations in 
this part?
    In section 2801.5, the proposed rule would move several terms 
associated with communications uses to the definitions section for a 
new part 2860, which specifically addresses communications uses.
    The proposed rule would add the term and a definition of ``complete 
application'' 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, but the proposed rule 
would clarify this requirement.
    The proposed rule would add 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 proposed rule would add the term and a definition of ``exempt 
from rent'' to clarify when an authorization would be automatically 
exempt from rental. This definition is consistent with existing Sec.  
2806.14 and proposed Sec.  2866.14.
    The proposed rule would revise the definition of the term 
``facility'' by removing the last sentence. This part of the definition 
applies only to communications uses and would be moved into new Sec.  
2861.5, which is the definitions section for the new part 2860 that 
would be added by this proposed rule to consolidate provisions that 
address communications uses ROWs.
    The proposed rule would add the statutory term ``hazard tree,'' and 
would define that term consistent with the definition in Section 
512(a)(1) of FLPMA. The definition would apply in the limited context 
of powerline ROWs subject to newly proposed Sec.  2805.22 and would 
help holders of such ROWs to understand what is required of them and 
what authorization their ROW provides. (See proposed Sec.  
2805.22(b)(3).)
    The proposed rule would revise the term ``monitoring'' to be 
``monitoring activities'' and would revise the definition of that term. 
Monitoring activities would mean those activities the Federal 
Government performs to ensure compliance with a ROW grant.
    The proposed rule would also revise the explanation of the 
monitoring categories for consistency with the proposed revisions to 
Sec.  2804.14(a).
    The proposed rule would add the term and a definition of 
``operations and maintenance,'' which would include activities 
conducted by a ROW holder to manage facilities and vegetation within 
and adjacent to the ROW boundary.
    The proposed rule would add the term and a definition of 
``operations, maintenance, and fire prevention plan,'' which would be a 
plan submitted to the BLM by the holder of a ROW that

[[Page 67310]]

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 proposed rule would add the term and a definition of 
``processing activities.'' Processing activities would be 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 issuance of a 
grant and identification of appropriate terms and conditions for each 
grant. The proposed 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 would not be a 
change from existing BLM practice but would clarify to the public that 
the BLM collects cost recovery for these ROW-related activities. This 
proposed definition would explain what activities would generally be 
associated with applications found under each cost recovery category.
    The proposed rule would revise the definition of ``substantial 
deviation'' to clarify that general operation and maintenance 
activities, including safety-related activities, are not considered a 
substantial deviation. Additionally, the definition would clarify that 
activities to prevent or suppress wildfires on lands within or adjacent 
to the ROW are not considered a substantial deviation.
    The proposed rule would revise the definition of ``transportation 
and utility corridor'' to clarify the process for establishing 
transportation and utility corridors. Furthermore, the amended 
definition would clarify the need for compatible uses.
    The proposed rule would add 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 proposed rule would revise 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 
current definition is not accurate. Removing the number of zones would 
not affect the definition.
Section 2801.9 When do I need a grant?
    The proposed rule would remove paragraph (a)(5) of this section and 
redesignate paragraphs (a)(6) and (7) as (a)(5) and (6). The paragraph 
to be removed requires the public to obtain a grant for systems for 
transmitting or receiving electronic signals and other means of 
communication. This is a communications uses-specific requirement that 
would be removed from part 2800. The uses described in the removed 
paragraph (a)(5) would be covered under proposed Sec.  2861.9, which 
would describe the circumstances under which a holder must obtain a 
communications uses grant.
Subpart 2802--Lands Available for FLPMA Grants
Section 2802.10 What lands are available for grants?
    The proposed rule would revise paragraph (c) of this section by 
removing the specific requirement to notify the BLM office nearest the 
lands you seek to use. The proposed 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 the lands you seek to use.
Subpart 2803--Qualifications for Holding FLPMA Grants
Section 2803.11 Can another person act on my behalf?
    Proposed Sec.  2803.11 would add new provisions that describe the 
process for the holder to notify the BLM when another person or entity 
is authorized to act on the holder's behalf. This proposed revision 
would standardize what documents the BLM would require prior to 
allowing another person or entity to act on behalf of the holder. The 
BLM expects this change to streamline and expedite processing times for 
grant holders.
    Proposed paragraph (a) would require 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.
    Proposed paragraph (a)(1) would explain 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 
proposed paragraph would also require the holder to provide a copy of 
the 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 is not expected to create any additional burden because the 
requested information is simply a copy of documents already possessed 
by the holder.
    Proposed paragraph (a)(2) would require the holder to provide and 
maintain current contact information for their intended agent. This 
requirement is important for when 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.
    Proposed paragraph (b) would inform the ROW holder how the BLM 
would administer the grant. The BLM would like to simplify the formal 
communication process by establishing expectations of responsibility 
for any actions taken by an authorized agent. As a result of this 
proposed change, the BLM anticipates a reduction in processing times 
for requests related to a ROW application.
Section 2803.12 What happens to my grant if I die?
    Because an application is not an inheritable interest, the BLM 
proposes to change 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) would also be revised to remove the reference to 
applications.
Subpart 2804--Applying for FLPMA Grants
Section 2804.12 What must I do when submitting my application?
    In Sec.  2804.12, the BLM proposes to change 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 would clarify 
that when an application for a ROW is filed electronically, a manual 
signature may not be required.
    Proposed revisions to Sec.  2804.12(a)(4) would require an 
applicant to submit the project map and Geographic Information Systems 
(GIS) shapefiles for the project, as requested by the BLM. When a BLM 
office is conducting an analysis under NEPA, 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

[[Page 67311]]

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 would be 
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.
Section 2804.14 What are the fee categories for cost recovery?
    The proposed rule would revise the title of this section to read: 
``What are the fee categories for cost recovery?'' The proposed cost 
recovery categories in this section would apply to both processing and 
monitoring activities, whereas the existing title of Sec.  2804.14 
refers only to processing fees for grant applications. The BLM proposes 
to amend Sec.  2804.14(a) to clarify that cost recovery fees include 
both processing and monitoring activities. The BLM proposes to amend 
Sec.  2804.14(a) to maintain consistency with the proposed changes in 
Sec.  2804.16 that would provide for waiver of, rather than exemption 
from, processing and monitoring fees.
    The United States, under the FLPMA, generally collects cost 
recovery fees from ROW holders and applicants for the reasonable costs 
of Federal work related to a ROW. Existing regulations contain a table 
of categories for ``processing fees'' under Sec.  2804.14(b) and a 
table of ``monitoring fees'' under Sec.  2805.16(a). The monitoring 
cost recovery fee schedule, currently found under Sec.  2805.16(a), 
would be combined with the category description table located at 
existing Sec.  2804.14(b) in a new table in proposed Sec.  2804.14(b). 
This revised table would apply to all cost recovery fees.
    The BLM determines which category a project falls into based on its 
estimate of the total Federal work hours associated with the project. 
If the project falls into a minor category, then the applicant is 
assessed the fee that corresponds to the appropriate category within 
the cost recovery schedule.
    Following the methodology of the 2005 rule, the BLM proposes to 
update the fee schedule for minor cost recovery categories by 
multiplying a calculated average wage which includes both direct and 
indirect costs by the midpoint of the hours in each minor category. We 
describe that process in detail below.
    Proposed Sec.  2804.14(b) would remove the first sentence in Sec.  
2804.14(b), which states, ``There is no processing fee if the BLM's 
work is estimated to take one hour or less.'' This change would address 
the fact that the time spent on ROW work activities generally is not 
less than 1 hour. Even simple actions, such as ROW assignments and name 
changes, take more than 1 hour to complete, except in very rare 
circumstances. The BLM would be interested in hearing from the public 
if this would create a burden on the industry for any particular 
actions that are frequently performed in under 1 hour.
    The BLM conducted a review of ROW cases between FY 2012 and FY 
2018, and found that the existing cost recovery schedule, which 
provides that projects with up to 50 estimated work hours may be 
considered for the ``minor'' cost recovery categories (Categories 1, 2, 
3, or 4), should be expanded. The BLM is concerned that, due to the 50-
work-hour limit, more projects are being assigned to Category 6, when 
it would be more efficient operationally to increase the ``minor'' cost 
recovery limit to 64 hours, or an even 8 workdays. This would allow 
more applications to qualify as a minor category, eliminating the labor 
to establish, monitor, and maintain appropriate accounting of major 
category cost recovery accounts on those applications. The BLM proposes 
a new schedule that would adjust the hours thresholds for Categories 1, 
2, 3, and 4 to account for the expected type of workload and to set the 
minor category work hour cap at 64 hours.
    Proposed Category 1 would apply to activities with an estimated 
workload of 8 Federal work hours or less. Proposed Category 2 would 
apply to activities with an estimated workload of 8 to 24 Federal work 
hours. Proposed Category 3 would apply to activities with an estimated 
workload of 24 to 40 Federal work hours. Proposed Category 4 would 
apply to activities with an estimated workload of 40 to 64 Federal work 
hours. By expanding the range of hours in the minor categories, it is 
anticipated that the BLM would have fewer major Category 
determinations, thereby giving the applicants with moderate projects 
some relief from the cost recovery fees and additional workload 
associated with such a determination. This proposed rule change would 
allow more applications to qualify as a minor category, eliminating the 
labor to establish major category cost recovery accounts on those 
applications.
    The proposed rule would adjust the cost recovery fees for each of 
the minor categories to reflect the current reasonable cost of the 
associated hours. The process that the BLM uses currently to adjust the 
fees is detailed in Section 5 of the Economic and Threshold Analysis 
(or ``economic analysis'') that accompanies the proposed rule.
    First, the BLM calculated an average wage (including pay additives 
and indirect costs) for processing and monitoring activities taking 
place from FY 2018 to FY 2020. The calculated average hourly wage over 
this three-year period was $67.74.
    The BLM then multiplied that average wage by the midpoint of the 
work hours in each of the proposed categories to determine the fee 
amounts for each category. During previous rulemakings on this subject, 
we received comments that most users felt more comfortable if a 
midpoint were used, as opposed to another statistical method or 
evaluation of the data. With this proposed rule, the BLM would maintain 
the use of midpoints for calculating the fees for the minor categories.
    The result of this formulation is proposed fees of $271, $1,084, 
$2,168, and $3,522 for minor Categories 1, 2, 3, and 4 in the first FY 
of adoption, respectively. These fees would be applied in the base year 
and adjusted annually for changes in the IPD-GDP, per current practice. 
With the proposed increase in cost recovery fees, the BLM believes that 
it would be closer to recovering the reasonable costs for activities in 
Categories 1 through 4, as FLPMA requires.
    The proposed rule would clarify that, for Master Agreements under 
Category 5, preliminary application review fees may be included in the 
Master Agreement. See the discussion of Sec.  2804.18 in this preamble 
for further discussion of proposed changes to Master Agreements.
    Under the proposed rule, Category 6 would cover any ROW for which 
the BLM estimates that Federal work will exceed 64 hours or which would 
result in the preparation of an Environmental Impact Statement (EIS). 
The BLM would continue to collect costs for work performed under this 
category, which would now specifically include preliminary application 
review. The cost recovery fees under both the existing and proposed 
category frameworks are shown in Table 1 below.

[[Page 67312]]



                             Table 1--Existing and Proposed Cost Recovery Schedules
----------------------------------------------------------------------------------------------------------------
        Existing cost recovery fee schedule  (FY 2022)                 Proposed cost recovery fee schedule
----------------------------------------------------------------------------------------------------------------
                               Estimated work                                    Estimated work
          Category                 hours          Fee amount        Category          hours         Fee amount
----------------------------------------------------------------------------------------------------------------
1...........................  > 1 <= 8.......  $136...........  1..............       8 or less  $271.
2...........................  > 8 <= 24......  $480...........  2..............       > 8 <= 24  $1,084.
3...........................  > 24 <= 36.....  $904...........  3..............      > 24 <= 40  $2,168.
4...........................  > 36 <= 50.....  $1,296.........  4..............      > 40 <= 64  $3,522.
5...........................  Varies           Determined by    5..............          Varies  Determined by
                               depending on     agreement.                         depending on   agreement.
                               agreement.                                             agreement
6...........................  > 50...........  All processing   6..............             >64  All processing
                                                and monitoring                                    and monitoring
                                                costs.                                            costs.
----------------------------------------------------------------------------------------------------------------

    The adjustments in the fee schedule are driven by two factors. 
First, the BLM has proposed to expand the number of hours covered by 
Categories 3 and 4. Second, the average labor wage has risen 
significantly since the 2005 rule was promulgated.
    For example, if the BLM determines your application would take 40 
hours to process, currently you would be in Category 4 with an FY 2022 
fee of $1,296. Under the proposed rule, the same application would be 
in Category 3 with a fee of $2,168. The $2,168 would represent the 
midpoint between the range of hours in Category 3 (which is 32 hours), 
times the average wage calculation. The BLM coordinates with the USFS 
to provide consistency with respect to ROW cost recovery fees.
    The proposed rule would revise Sec.  2804.14(c) to update and re-
order the locations where you can obtain a copy of the current cost 
recovery category fee schedule.
    The proposed rule would revise Sec.  2804.14(d) for consistency 
with other proposed changes and to reflect that these cost recovery 
categories would apply to all ROW activities including monitoring, not 
just the processing of applications.
Section 2804.15 When does the BLM reevaluate the cost recovery fees?
    The proposed rule would revise the title of this section to change 
``processing and monitoring'' to ``cost recovery.'' This proposed 
change is necessary for consistency with the proposed changes to Sec.  
2804.14.
Section 2804.16 When will the BLM waive cost recovery fees?
    The proposed rule would amend 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?'' Proposed 
Sec.  (a) of this section contains the undesignated introductory text 
of existing Sec.  2804.16. This language would be revised to refer to 
cost recovery fees, instead of processing and monitoring fees, and 
would change the existing definitive exemption from fees to a waiver of 
fees that the BLM has discretion to apply or not apply.
    Proposed paragraph (a)(1) of this section contains the provision of 
existing Sec.  2804.16(a) and would state 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 proposed paragraph, the waiver would not apply if 
charges levied on customers are similar to those of a profit-making 
entity. This is different from the existing exception which applies 
only when such charges are the ``principal source of revenue.''
    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 are charging rent beyond 
the operating costs to use their facility. The proposed change would 
make the waiver unavailable to applicants who would otherwise receive 
an authorization at no charge and then collect fees from other users.
    Proposed paragraph (a)(2) of this section contains the text from 
existing paragraph (b) of this section, which remains unchanged.
    Proposed paragraph (a)(3) would allow the BLM to waive cost 
recovery fees for Federal agencies for applications belonging to cost 
recovery Categories 1 through 4. The current regulations require 
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. The proposed 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 
action would take the BLM more than 64 hours to complete, the BLM would 
collect cost recovery fees under Category 5 or 6.
    The proposed 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.
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?
    The proposed rule would modify Sec.  2804.17(a) to change the 
cross-reference from Sec.  2805.16 (currently the table for monitoring 
fees) to proposed Sec.  2804.14, which would contain the combined cost 
recovery table for all ROW activities.
Section 2804.18 What provisions do Master Agreements contain and what 
are their limitations?
    Section 2804.18 describes how Master Agreements function. Proposed 
Sec.  2804.18(a)(2) would provide that a Master Agreement describes 
work to be done by the applicant and the BLM to complete a number of 
ROW permitting and monitoring activities. The revisions to this 
paragraph would allow Master Agreements to be used for any type of ROW 
activity, not just ROW processing. Proposed paragraph (a)(5) would make 
this language more consistent with other updates in the proposed rule. 
The BLM believes the expanded use of Master Agreements would streamline 
processing and monitoring activities. Master Agreements are designed to 
consolidate some of the processing and monitoring steps associated with 
ROWs,

[[Page 67313]]

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 interdisciplinary teams which can 
help expedite processing when funds are not otherwise available (Sec.  
2804.22).
    Section 2804.18(c) would be amended to say, ``cost recovery fees,'' 
instead of ``processing and monitoring fees.'' These proposed changes 
would be consistent with the expanded definition of a Master Agreement.
Section 2804.19 How will the BLM manage my Category 6 project?
    Section 2804.19 would be 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 would be 
revised to explain that cost recovery for Category 6 projects would 
include monitoring the grant in addition to processing the application. 
The proposed rule would make editorial changes for clarity and 
consistency with the other proposed changes.
    Proposed Sec.  2804.19(a) would eliminate the requirement for a 
work and financial plan for some Category 6 applications at the 
discretion of the authorized officer and would instead provide 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 would reduce the time associated with 
establishing a cost recovery account and improve the Category 6 cost 
recovery process, particularly for those actions close to 64 hours.
    The proposed rule would add a new paragraph (b)(4) and redesignate 
existing paragraphs (b)(4) and (b)(5) as (b)(5) and (b)(6), 
respectively. Proposed paragraph (b)(4) of this section would state 
that the BLM may collect a deposit before beginning work on a Category 
6 project. Currently, when an application falls under Category 6, it 
takes an average of 6 months to finalize 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 would shorten the time for processing an 
application by allowing the BLM to begin processing the application 
during the 6 months it usually takes to finalize a cost recovery 
agreement. If the BLM determines the deposit is not adequate, the 
applicant would prepare a work and financial plan to provide additional 
funds under a cost recovery agreement.
Section 2804.20 How does the BLM determine reasonable costs for 
Category 6 right-of-way activities?
    Section 2804.20 would be 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 proposed rule would revise the last sentence in the 
introductory text of this section, which states, ``While we consider 
your written analysis, BLM will not process your Category 6 
application.'' Under the proposed rule, if the BLM requests additional 
information, we would 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 proposed Sec.  2804.19(b)(4).
    Paragraph (a) of this section describes how the BLM would apply the 
factors articulated in Section 304(b) of FLPMA to assess whether costs 
are ``reasonable'' for your project, to determine the actual costs owed 
to the BLM. The proposed rule would remove the reference to the BLM 
State Director and instead refer only to the BLM. This would not change 
how the BLM applies these factors, and the decision would still be 
appealable under Sec.  2801.10. This proposed change would improve the 
cost recovery process by enabling the BLM to make this determination at 
the appropriate level on a case-by-case basis.
Section 2804.21 What other factors will the BLM consider in determining 
cost recovery fees?
    The proposed rule would amend this section by revising the title, 
paragraph (a), paragraph (a)(2), and paragraph (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 would be 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 proposed rule would remove the reference to the BLM State 
Director and instead refer only to the BLM.
Section 2804.25 How will the BLM process my application?
    The proposed rule would amend paragraph (a)(1) of this section to 
add ``unless your fees are exempt.'' This clarifying edit is necessary 
because the BLM would not be required to identify your cost recovery 
fee if you are exempt from fees.
    The proposed rule would redesignate paragraph (c)(2) of this 
section as (c)(3) and add a new paragraph (c)(2). Proposed paragraph 
(c)(2) of this section would require an operations, maintenance, and 
fire prevention plan 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 operations, 
maintenance, and fire prevention plan 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.
    The BLM may also require other information to process the 
application. Under this proposed rule, the BLM relies on its general 
authority to condition ROW grants (43 U.S.C. 1761(b)(1)) to require 
applicants to submit operations, maintenance, and fire prevention plans 
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 the proposed requirement for an operations, 
maintenance, and fire prevention plan.
    However, if you already have an approved plan that meets the 
requirements of proposed Sec.  2805.21(c) (``What is an operations, 
maintenance, and fire prevention plan for electric transmission and 
distribution rights-of-way?''), then you would not be required to 
submit a separate operations, maintenance, and fire prevention plan.
    The proposed rule would revise paragraph (d) of this section by 
changing ``completed application'' to ``complete application.'' This 
proposed revision is consistent with the addition of this term in 
proposed Sec.  2801.5. The proposed rule would also revise the table in 
paragraph (d) of this section by adding the word ``Master'' in front of 
the word ``Agreement.''

[[Page 67314]]

Section 2804.26 Under what circumstances may the BLM deny my 
application?
    The proposed rule would add paragraph (a)(9) to this section, which 
would state that the BLM could deny your ROW application if you fail to 
comply with a deficiency notice. The BLM inadvertently removed this 
paragraph when this section was amended by a rule to support solar and 
wind energy development (see 81 FR 92121, December 19, 2016).
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 would amend 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 revision 
would add the relinquishment of a grant to the situations where you may 
have to pay fees.
    The proposed rule would make minor revisions to paragraphs (a) and 
(b) to make the language more consistent with the existing and proposed 
regulations. Proposed paragraph (c) would be added to explain how cost 
recovery fees would be applied under Category 5 or 6 if a holder 
relinquishes their grant. The holder would be liable for all costs the 
United States has incurred in connection with the grant, including 
relinquishment of the grant. Any outstanding fees would be due to the 
BLM within 30 days after the holder receives the bill. The holder would 
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 is 
necessary to clarify and make explicit the process for relinquishing a 
grant and explain to holders what is required of them.
Subpart 2805--Terms and Conditions of Grants
Section 2805.11 What does a grant contain?
    The proposed rule would add a new Sec.  2805.11(b) to provide that 
grants would include access (ingress and egress) rights to a ROW. The 
proposed rule would redesignate 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 proposed rule would add an explicit requirement for 
the authorized officer to include rights of ingress and egress in the 
grant. Prior to 2005, the regulations had included provisions for 
ingress and egress. The BLM is re-introducing these provisions to 
address the need for grants to include explicit provision 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 proposed 
requirement to include these rights of ingress and egress in the grant 
would 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 would 
likely not be appropriate. By contrast, the BLM may charge appropriate 
rent for newly constructed roads or overland travel to authorized ROWs 
on public lands. See the preamble discussion of the proposed revisions 
to Sec.  2806.15(b)(3) for more information.
Section 2805.12 With what terms and conditions must I comply?
    Existing paragraph (a)(4) of this section requires holders to do 
everything reasonable to prevent and suppress wildfires on or within 
the immediate vicinity of the ROW. The language has been changed from 
``immediate vicinity'' to ``adjacent to'' to be consistent with the 
proposed update to the definition of ``substantial deviation.''
    Section 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. The proposed rule 
would add ``any approved operations, maintenance, and fire prevention 
plan'' to incorporate the new requirements described in this proposed 
rule.
    Section 2805.12(c)(5) and paragraph (d)(3) would be 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 area. If a holder's use is posing 
a health or safety hazard to the public, the BLM should be empowered to 
address it as soon as possible.
Section 2805.14 What rights does a grant provide?
    The proposed rule would revise 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 proposed rule would revise Sec.  2805.14(d) by removing the 
word ``minor'' from the description of 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. The added allowance gives 
the BLM leeway to allow activity aimed at protecting public health and 
safety.
    These proposed revisions provide the necessary detail for the 
holder as to 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.
    Section 2805.14(e) would be revised to allow the holder to use 
vegetation removed during maintenance of the ROW. The use of existing 
vegetation would reduce non-native species intrusion and would expedite 
maintenance by the holder. The paragraph would also be 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 BLM is specifically seeking comment on the practical 
impact of this proposed change.
Section 2805.15 What rights does the United States retain?
    The proposed rule rephrases paragraph (a) of this section to 
address the nature of 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 proposed rule would retain the requirement for the BLM to be 
provided access to and within the lands or facilities.
    Proposed Sec.  2805.15(e) would add 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 would require the BLM 
to complete a new decision-making process, and may require the

[[Page 67315]]

BLM to conduct additional analyses. Any such new decision must comply 
with applicable laws, including NEPA, and could require the BLM to 
complete a new environmental analysis, utilize an existing 
environmental analysis, or rely on a categorical exclusion.
    Under proposed paragraph (f) of this section, the BLM could 
terminate an authorization for non-compliance. Existing Sec.  2805.12 
describes the terms and conditions that a grant holder must comply with 
and provides that the BLM could terminate a grant for non-compliance. 
This proposed paragraph would reinforce that this is a potential 
outcome.
    Under proposed paragraph (g) of this section, the BLM could require 
a holder to submit financial documents related to a holder's 
authorization. This would be consistent with the requirements of 
existing Sec.  2805.12(a)(15).
Section 2805.16 If I hold a grant, what cost recovery fees must I pay?
    The proposed rule would amend Sec.  2805.16 by changing the word 
``monitoring'' in the title to ``cost recovery'' such that the title 
would read, ``If I hold a grant, what cost recovery fees must I pay? '' 
The section would also be amended by revising Sec.  2805.16(a), adding 
a new Sec.  2805.16(b), revising current Sec.  2805.16(b), and 
redesignating it as paragraph (c).
    As previously discussed, the proposed rule would remove the 
monitoring cost recovery fee table currently located under Sec.  
2805.16(a). The proposed rule would add a sentence referring the reader 
to Sec.  2804.14(b), where they could find the proposed cost recovery 
table.
    Under new Sec.  2805.16(b), the cost recovery fee schedule for 
Categories 1 through 4 would be updated on an annual basis based on the 
previous year's change in the IPD-GDP, and the fees for Category 5 
would be updated according to the given project's Master Agreement.
    Proposed Sec.  2805.16(c), which contains the provisions of 
existing Sec.  2805.16(b), would explain where to obtain a copy of the 
current year's cost recovery fee schedule. The proposed rule would 
provide updated contact information for the holder to request the 
schedule from the BLM's Division of Lands, Realty and Cadastral Survey.
Section 2805.21 What is an operations, maintenance, and fire prevention 
plan for electric transmission and distribution and other rights-of-
way?
    Proposed Sec.  2805.21 would codify many of the provisions of 
Section 512 of FLPMA in the BLM regulations. Section 512(c) of FLPMA 
describes the requirements for vegetation management, facility 
inspection, and operations and maintenance plans. This proposed Sec.  
2805.21 describes the requirements for ``operations, maintenance, and 
fire prevention plans,'' which are consistent with the requirements of 
the plans described in Section 512 of FLPMA.
    Under proposed Sec.  2804.25(c)(2) of the proposed rule, and as 
reflected in proposed paragraph (a)(1), operations, maintenance, and 
fire prevention plans would be required for all new, renewed, or 
amended electric transmission and distribution ROWs. In addition, under 
proposed paragraph (a)(2), such plans may be submitted to the BLM on a 
voluntary basis by holders of existing electric transmission and 
distribution ROWs. Operations, maintenance, and fire prevention plans 
would 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.
    Proposed paragraph (b) of this section refers to Electric 
Reliability Organization (ERO) standards and would provide that those 
standards may be incorporated into operations, maintenance, and fire 
prevention plans 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 
only apply to holders who are a part of a bulk power system, and 
holders subject to these standards may incorporate them into their 
operations, maintenance, and fire prevention plan. 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 
operations, maintenance, and fire prevention plan a holder submits to 
the BLM would help to provide consistency between the BLM and USFS.
    Proposed paragraph (c) of this section describes the requirements 
for operations, maintenance, and fire prevention plans, consistent with 
Section 512(c) of FLPMA and with the USFS final rule implementing 
Section 512. Under proposed paragraph (c)(1) of this section, 
operations, maintenance, and fire prevention plans must identify the 
applicable facilities to be maintained.
    Proposed paragraph (c)(2) of this section would require the 
operations, maintenance, and fire prevention plan to account for the 
holder's own operations and maintenance plans for the applicable 
facilities. Many ROW holders have existing, internal plans for 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 operations, maintenance, and fire prevention 
plan requirements. A holder would not need to submit a new operations, 
maintenance, and fire prevention plan if their existing plan meets the 
requirements of this section.
    Proposed paragraph (c)(3) of this section would require that the 
plan describe how a holder would operate and maintain the ROW and 
facility, including for vegetation management. These operations, 
maintenance, and fire prevention methods may also 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 operations, maintenance, and fire prevention plan how 
they plan to meet those standards.
    Under proposed paragraph (c)(4) of this section, an operations, 
maintenance, and fire prevention plan would be required to include 
schedules for the 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 
will be further discussed in the preamble for proposed Sec.  2805.22.
    Proposed paragraph (c)(5) of this section would require the 
operations, maintenance, and fire prevention plan to describe processes 
for identifying changes in conditions and modifying the approved 
operations, maintenance, and fire prevention plan, if necessary. Either 
the BLM or holder could determine that the conditions in the ROW, which 
may include environmental conditions or

[[Page 67316]]

accessibility, have changed. The operations, maintenance, and fire 
prevention plan would be required to describe how the BLM and holder 
would communicate and initiate any necessary plan modifications. (See 
the preamble discussion for proposed paragraph (e) of this section.)
    Proposed paragraph (c)(6) of this section would require the 
operations, maintenance, and fire prevention plan to include provision 
for removal and disposal of cut trees and branches, including plans for 
sale of forest products.
    Under proposed paragraph (d) and consistent with Section 
512(c)(4)(A) of FLPMA, the BLM would, to the extent practicable, review 
and approve the operations, maintenance, and fire prevention plan 
within 120 days of receiving the plan.
    Proposed paragraph (e) of this section describes how the BLM would 
notify the holder that an operations, maintenance, and fire prevention 
plan requires modifications. The BLM would 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 would, to 
the maximum extent practicable, review and approve the proposed 
operations, maintenance, and fire prevention plan modification in the 
same 120-day timeframe that applies to approval of new plans. This 
timeframe would be 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 
operations, maintenance, and fire prevention plan, 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.
    Proposed paragraph (f) of this section describes how certain 
holders may enter into an agreement with the BLM in lieu of an 
operations, maintenance, and fire prevention plan. An agreement must 
contain the same general requirements of operations, maintenance, and 
fire prevention plans described in this section. Agreements would need 
to include schedules, as described in proposed paragraph (c)(4) of this 
section and would be subject to the same modification requirements of 
proposed paragraph (e) of this section.
    Proposed paragraph (g) of this section describes the criteria that 
a holder would be required to meet to be eligible to enter into an 
agreement. A holder could 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 would generally apply to rural electric 
cooperatives and other 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.'' The BLM is seeking comments from the public on how these 
agreements should be different from operations, maintenance, and fire 
prevention plans and how the BLM can ensure that it meets the 
requirements of Section 512(b)(2)(A).
Section 2805.22 Special Provisions for Vegetation Management for 
Electric Transmission and Distribution Rights-of-Way
    Proposed Sec.  2805.22 describes how holders could conduct 
vegetation management related activities and distinguishes between 
emergency and non-emergency conditions. This proposed section would 
implement the requirements of Section 512(c) and (e) of FLPMA.
    Proposed paragraph (a) of this section describes the conditions 
that would be considered Emergency Conditions and what the holder would 
be allowed to do during Emergency Conditions without immediate 
notification to the BLM. An Emergency Condition would be if vegetation 
or hazard trees have contacted, or present an imminent danger of 
contacting, an electric transmission or distribution line. The proposed 
rule specifies that this threat could arise from vegetation or a hazard 
tree within or adjacent to a transmission line ROW. Under proposed 
paragraph (a)(1) of this section, holders could prune or remove the 
vegetation or hazard tree to avoid the disruption of electric service 
and to eliminate immediate fire and safety hazards. Proposed paragraph 
(a)(2) would require the holder to notify the BLM within one calendar 
day after conducting these activities.
    Proposed paragraph (b) of this section describes Non-Emergency 
Conditions for which the holder of a powerline ROW could conduct 
vegetation management activities. The holder could conduct activities 
without prior approval from the BLM if they are in compliance with the 
terms and conditions of the ROW grant, Sec. Sec.  2805.12(a)(4) and 
2805.14(d), and any BLM approved operations, maintenance, and fire 
prevention plan.
    Proposed paragraph (b)(1) of this section describes the 
circumstances under which a holder would need to request approval to 
conduct vegetation management activities. Under proposed paragraph 
(b)(1)(i), a holder would need to seek approval from the BLM if the 
operations, maintenance, and fire prevention plan specifically requires 
prior approval. Prior approval for an activity may be required in an 
operations, maintenance, and fire prevention plan if the activity could 
have cultural or environmental impacts.
    Prior approval would be required under proposed paragraph 
(b)(1)(ii) if the activity is not described in an approved operations, 
maintenance, and fire prevention plan. Proposed paragraph (b)(2) of 
this section describes how the BLM would be required to respond to 
requests under paragraph (b)(1) of this section. If the BLM does not 
respond to a request within the timeframe described in an approved 
operations, maintenance, and fire prevention plan, and the vegetation 
management activity is consistent with the holder's approved 
operations, maintenance, and fire prevention plan, a holder may proceed 
with the vegetation treatment activities. This provision would enhance 
the approval process for vegetation management activities to further 
support the goals of reducing fire risk.
    Holders who do not have a BLM approved operations, maintenance, and 
fire prevention plan would not be affected by paragraphs (b)(1) or 
(b)(2) of this section, which describe how activities would be required 
to comply with operations, maintenance, and fire prevention plans. 
Existing holders would not have an operations, maintenance, and fire 
prevention plan until they amend or renew their ROW grant, or until 
they voluntarily submit an operations, maintenance, and fire prevention 
plan. 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 operations, maintenance, and fire 
prevention plan, holders would 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,

[[Page 67317]]

holders would be encouraged to submit operations, maintenance, and fire 
prevention plans for existing ROWs to the BLM to improve coordination 
regarding vegetation management and wildfire risk reduction.
    Proposed paragraph (c) mirrors Sec.  2805.12(a)(4) but adds 
specific examples of reasonable actions that could be taken by the 
holder, including pruning or removal of vegetation and cooperation with 
the BLM to investigate, suppress, or respond to wildfires.
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 proposed Sec.  2806.13(e), the provisions for uncollected or 
under-collected rent would be modified by removing paragraphs (e)(1), 
(e)(2), and (e)(3). The current regulations unnecessarily restrict the 
BLM to only collecting uncollected or under-collected rent in certain 
circumstances. The proposed rule would remove those conditions, and the 
BLM would be able to collect any rents and fees due to the United 
States.
    In new proposed Sec.  2806.13(h), the BLM is explicitly providing 
that rent would be due regardless of whether a courtesy bill has been 
sent or received. This addition would clarify current BLM practice to 
the public.
Section 2806.14 Under what circumstances am I exempt from paying rent?
    In proposed Sec.  2806.14(a)(4), the provisions governing 
communications sites would be deleted. The exemptions described in 
proposed Sec.  2866.14(b) encapsulate the language that would be 
removed from Sec.  2806.14.
Section 2806.15 Under what circumstances may BLM waive or reduce my 
rent?
    The BLM received feedback from customers about inconsistencies in 
how waivers or reductions in rent are approved. Therefore, proposed 
Sec.  2806.15(b) would clarify that a BLM State Director is the 
authorizing official with respect to rental reductions and waivers.
    Under existing paragraph (b)(3) of this section, the BLM could 
reduce or waive rent if a holder has a ROW in connection with the grant 
at issue and for which the United States receives compensation. 
Proposed paragraph (b)(3) of this section would replace the existing 
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 proposed revisions are consistent with 
proposed Sec.  2805.11(b), which would require the grant to include and 
identify new and/or existing routes that would be used for ingress and 
egress. The BLM could 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 could charge appropriate rent for 
roads to ROWs on public lands newly constructed by a holder. See the 
preamble discussion of 2805.11 for more information.
    Existing Sec.  2806.15(c) would be 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 proposed paragraph (b) of this section, it is appropriate to 
redesignate existing paragraph (c) as proposed paragraph (b)(5). 
Waiving or reducing rent under paragraphs (b)(1) through (b)(5), as 
revised by this proposed rule, would be at the discretion of the BLM 
State Director. This proposed revision is consistent with existing BLM 
practice.
Section 2806.20 What is the rent for a linear right-of-way grant?
    The proposed section would revise paragraph (c) to update the 
contact address of the BLM and highlight availability of the Per Acre 
Rent Schedule on the BLM website.
Sections 2806.30 Through 2806.44
    The proposed rule would remove Sec. Sec.  2806.30 through 2806.44, 
including the header ``COMMUNICATION SITE RIGHTS-OF-WAY'' between 
Sec. Sec.  2806.26 and 2806.30. Many of the requirements of these 
sections would be moved into new part 2860, which would consolidate 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 
proposed rule.

                             Table 2--Current Subpart 2806 vs. Proposed Subpart 2866
----------------------------------------------------------------------------------------------------------------
          Current section                  Current title           Proposed section          Proposed title
----------------------------------------------------------------------------------------------------------------
Subpart 2806......................  Annual Rents and Payments.  Subpart 2866.........  Annual Rents and
                                                                                        Payments.
Sec.   2806.30....................  What are the rents for      Sec.   2866.30.......  What are the rents for
                                     communication site rights-                         Communications Uses?
                                     of-way?
Sec.   2806.31....................  How will BLM calculate      Sec.   2866.31.......  How will the BLM
                                     rent for a right-of-way                            calculate rent for
                                     for communication uses in                          Communications Uses in
                                     the schedule?                                      the schedule?
Sec.   2806.32....................  How does BLM determine the  Sec.   2866.32.......  How does the BLM
                                     population strata served?                          determine the population
                                                                                        strata served for your
                                                                                        facility?
Sec.   2806.33....................  How will BLM calculate the  Sec.   2866.33.......  How will the BLM
                                     rent for a grant or lease                          calculate the rent for a
                                     authorizing a single use                           single use communication
                                     communication facility?                            facility?
Sec.   2806.34....................  How will BLM calculate the  Sec.   2866.34.......  How will the BLM
                                     rent for a grant or lease                          calculate the rent for a
                                     authorizing a multiple-                            grant for a multiple-use
                                     use communication                                  communication facility?
                                     facility?
Sec.   2806.35....................  How will BLM calculate      Sec.   2866.35.......  How will the BLM
                                     rent for private mobile                            calculate rent for
                                     radio service (PMRS),                              private mobile radio
                                     internal microwave, and                            service (PMRS), internal
                                     ``other'' category uses?                           microwave, and ``other''
                                                                                        category uses?
Sec.   2806.36....................  If I am a tenant or         Sec.   2866.36.......  If I am a tenant or
                                     customer in a facility,                            customer in a facility,
                                     must I have my own grant                           must I have my own grant
                                     or lease and if so, how                            and if so, how will this
                                     will this affect my rent?                          affect my rent?

[[Page 67318]]

 
Sec.   2806.37....................  How will BLM calculate      Sec.   2866.37.......  How will the BLM
                                     rent for a grant or lease                          calculate rent for a
                                     involving an entity with                           grant involving an
                                     a single use (holder or                            entity with a single use
                                     tenant) having equipment                           (holder or tenant)
                                     or occupying space in                              having equipment or
                                     multiple BLM-authorized                            occupying space in
                                     facilities to support                              multiple BLM-authorized
                                     that single use?                                   facilities to support
                                                                                        that single use?
Sec.   2806.38....................  Can I combine multiple      Sec.   2866.38.......  Can I combine multiple
                                     grants or leases for                               grants for facilities
                                     facilities located on one                          located at one site into
                                     site into a single grant                           a single grant?
                                     or lease?
Sec.   2806.39....................  How will BLM calculate      Sec.   2866.39.......  How will the BLM
                                     rent for an lease for a                            calculate rent for an
                                     facility manager's use?                            grant for a facility
                                                                                        manager's use?
Sec.   2806.40....................  How will BLM calculate      Sec.   2866.40.......  How will the BLM
                                     rent for a grant or lease                          calculate rent for an
                                     for ancillary                                      authorization for
                                     communication uses                                 ancillary Communications
                                     associated with                                    Uses associated with
                                     communication uses on the                          Communications Uses on
                                     rent schedule?                                     the rent schedule?
Sec.   2806.41....................  How will BLM calculate      Sec.   2866.41.......  How will the BLM
                                     rent for communication                             calculate rent for
                                     facilities ancillary to a                          communications
                                     linear grant or other use                          facilities ancillary to
                                     authorization?                                     a linear grant or other
                                                                                        use authorization?
Sec.   2806.42....................  How will BLM calculate      Sec.   2866.42.......  How will the BLM
                                     rent for a grant or lease                          calculate rent for
                                     authorizing a                                      Communications Uses
                                     communication use within                           within a federally owned
                                     a federally-owned                                  communications facility?
                                     communication facility?
Sec.   2806.43....................  How does BLM calculate      Sec.   2866.43.......  How does the BLM
                                     rent for passive                                   calculate rent for
                                     reflectors and local                               passive reflectors and
                                     exchange networks?                                 local exchange networks?
Sec.   2806.44....................  How will BLM calculate      Sec.   2866.44.......  How will the BLM
                                     rent for a facility                                calculate rent for a
                                     owner's or facility                                facility owner's or
                                     manager's grant or lease                           facility manager's grant
                                     which authorizes                                   which authorizes
                                     communication uses?                                Communications Uses?
----------------------------------------------------------------------------------------------------------------

Section 2806.52 Rents and Fees for Solar Energy Development Grants
    The proposed section would revise 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.
Section 2806.62 Rents and Fees for Wind Energy Development Grants
    The proposed section would revise 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.
Subpart 2807--Grant Administration and Operation
Section 2807.12 If I hold a grant, for what am I liable?
    The proposed rule would redesignate existing paragraph (g) of this 
section as paragraph (h) and add a new paragraph (g). Proposed 
paragraph (g) of this section would codify the liability provisions at 
Section 512(g) of FLPMA and describe when the BLM may not impose strict 
liability.
    Under proposed Sec.  2805.21 of the proposed rule, the BLM would 
require operations, maintenance, and fire prevention plans for all new, 
renewed, or amended electric transmission and distribution ROWs; plans 
could be submitted to the BLM on a voluntary basis by holders of 
existing electric transmission and distribution ROWs and other types of 
ROWs. Operations, maintenance, and fire prevention plans would 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 the ROW holder's 
liability under the specific circumstances described in this section.
    Under proposed paragraph (g)(1) of this section, the BLM could not 
impose strict liability for damages or injuries resulting when the BLM 
unreasonably withholds or delays approval of an operations, 
maintenance, and fire prevention plan. Under paragraph (g)(2) of this 
section, the BLM could not impose strict liability if the BLM fails to 
adhere to an applicable schedule in an approved operations, 
maintenance, and fire prevention plan or agreement.
Section 2807.17 Under what conditions may the BLM suspend or terminate 
my grant?
    The proposed rule would amend Sec.  2807.17(b)(2) to change the 
word ``terminate'' to ``relinquish.'' This change would make this 
section consistent with changes to Sec.  2886.17 and would align with 
the nomenclature that the BLM uses when processing ROWs. The proposed 
rule would also add 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 proposed rule would redesignate paragraph (b)(3) as paragraph 
(b)(4).
Section 2807.20 When must I amend my application, seek an amendment of 
my grant, or obtain a new grant?
    The proposed rule would amend paragraph (b) of this section by 
replacing ``processing and monitoring fees'' with ``cost recovery 
fees,'' for consistency with other revisions in this proposed rule.
    Section 2807.20(d) explains that pre-FLPMA (before Oct. 21, 1976) 
grants cannot be amended, renewed, or reinstated.
    Section 706 of the 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 proposed rule would combine existing language from different 
parts of paragraph (d), including paragraph (d)(2), as proposed 
paragraph (d)(1) and would revise the text to clarify that, when a 
holder seeks to amend a pre-FLPMA grant, the BLM would 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

[[Page 67319]]

holder agrees to accept a wholly new and comprehensive grant of the ROW 
under FLPMA.
    Proposed paragraph (d)(2) would require a new application and grant 
for expiring authorizations. Proposed paragraph (d)(3) would require a 
new application and grant if a pre-FLPMA authorization is terminated 
due to non-compliance. Finally, existing paragraph (d)(1) is 
redesignated as proposed paragraph (d)(4) and notes that the BLM would 
issue any new authorization under the authority of the FLPMA and 
explains that the new authorization may have the same terms and 
conditions and annual rents as the original grant.
Section 2807.22 How do I renew my grant?
    The proposed rule would establish new customer service standards 
for the BLM for renewal applications. The proposed rule would modify 
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 would confirm that, until the BLM 
issues a decision on the renewal application, the holder's existing 
grant would remain valid, provided that the holder of the authorization 
remains in compliance, including with rent and bonding obligations.
    The proposed rule would add a new paragraph (h) to this section to 
provide grant holders a clear understanding of when their renewal 
applications would 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 
would not be held to the customer service standards for processing the 
application.
    This proposed paragraph would not be a substantive change from 
existing practice.
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
    The proposed rule would revise paragraph (d) of this section by 
updating a reference to a section that would be redesignated by this 
proposed rule. The reference to Sec.  2805.11(b)(2) would be revised to 
read Sec.  2805.11(c)(2). This change is necessary for consistency with 
proposed revisions to Sec.  2805.11.

43 CFR Part 2860 Communications Uses

    The proposed rule would establish part 2860, Communications Uses. 
This proposed part would explain the requirements for communications 
uses grants and consolidate all communications use-specific provisions 
into one location. The requirements of part 2800 would apply to 
communications uses grants, unless otherwise described in this new 
part. Some sections in proposed part 2860 would contain the 
requirements of sections that would be removed from part 2800. Some 
sections in 2860 have a direct parallel to existing part 2800 but 
contain additional requirements that would apply specifically to 
communications uses. This preamble describes how the proposed rule 
differs from existing requirements. Proposed subparts 2861 through 2865 
and 2868 are based on the requirements in existing subparts 2801 
through 2805 and 2808, respectively, but contain additional 
communications use requirements. Table 3 shows the relationship between 
proposed subparts 2861 through 2865 and 2868 and existing subparts 2801 
through 2805 and 2808. Most of the requirements pertaining to 
communications uses in existing subpart 2806 would be moved to proposed 
subpart 2866. Table 4 shows the relationship between proposed subpart 
2866 and existing subpart 2806. This preamble describes proposed new or 
revised provisions. Provisions not discussed are substantially similar 
to their existing counterpart.

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

[[Page 67320]]

 
Sec.   2805.14....................  What rights does a grant    Sec.   2865.14.......  What rights does a grant
                                     provide?                                           provide?
Subpart 2808......................  Trespass                    Subpart 2868.........  Communications Uses
                                                                                        Trespass.
Sec.   2808.10....................  What is a trespass?         Sec.   2868.10.......  What is a Communications
                                                                                        Uses trespass?
----------------------------------------------------------------------------------------------------------------

Subpart 2861--General Information
Section 2861.1 What requirements of part 2800 apply to my grant?
    This section explains that the requirements of part 2800 would 
apply to communications uses grants unless a provision in part 2860 
provides otherwise. Part 2800 of the existing and proposed regulations 
describes requirements for general ROWs. Part 2860 describes 
requirements that would specifically apply to communications uses 
grants, which are generally in addition to the requirements described 
in part 2800.
Section 2861.2 What is the objective of the BLM's Communications Uses 
program?
    Proposed Sec.  2861.2 describes the objectives of the 
communications uses program. It is based on existing Sec.  2801.2.
    Proposed paragraph (b) in this section describes the BLM's 
objectives of administering the communications uses program through 
responsible development on the BLM-administered lands and providing a 
safe environment. This proposed paragraph would not constitute a 
substantive change from existing policy.
    Proposed paragraph (d) of this section explains that the BLM would 
collect market value rent for communications uses authorized on public 
lands as required under 43 U.S.C. 1764.
    Proposed paragraph (e) describes the BLM's objective of promoting 
the expansion of communications uses in rural America. The proposed 
changes in this section reflect E.O. 13821, which directs the BLM to 
promote communications uses on public land in rural America. The words 
``wherever practical'' would be included for consistency with the 
changes to the objectives in Sec.  2801.2.
Section 2861.5 What acronyms and terms are used in the regulations in 
this part?
    Proposed Sec.  2861.5 defines terms that are specific to 
communications uses. The proposed section includes terms currently 
defined in existing Sec.  2801.5. New definitions are proposed to be 
added to provide clarity for the public when the BLM is administering 
an authorization for communications uses.
    The definitions for ``RMA,'' ``Base Rent,'' ``Customer,'' 
``Facility Manager,'' ``Facility Owner,'' ``Site,'' and ``Tenant'' 
would be moved from Sec.  2801.5, the definitions of ``Facility'' and 
``Grant'' would be copied from Sec.  2801.5, and those definitions 
would be revised slightly to reflect their specific application in the 
context of communications uses.
    The proposed rule would add 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 existing Sec.  2806.31(c) 
and proposed Sec.  2866.31(c)).
    The proposed rule would add the term and a definition of 
``collocation'' to clarify when an occupant is collocated within or on 
a holder's facility. This concept is relevant for communications uses 
rent (see proposed Sec.  2866.31) and when a grant would be required 
(see proposed Sec.  2866.36).
    The proposed rule would add 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 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 proposed rule would add the term and a definition of 
``communications site management plans'' to clarify that these plans 
guide development and operations at communications sites. These plans 
may be called ``implementation level plans,'' meaning that they take 
action to implement a land use plan (generally a Resource Management 
Plan (RMP)), which contains standards and guidelines and describes the 
communications uses that are allowed or restricted at a communications 
site. The BLM identifies and names communications sites through the 
preparation of a communications site management plan. Additionally, the 
communications site management plan provides holders and future 
proponents with the development conditions for a particular site.
    The proposed rule would add 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 would apply.
    The definition for the term ``Communications uses rent schedule'' 
would be moved here from Sec.  2801.5. The change is necessary to 
maintain consistency in terminology throughout the new proposed part 
2860. The term ``communications uses rent schedule'' would continue to 
apply to all types of communications uses identified in existing Sec.  
2801.5 for purposes of identifying and collecting rent, and it would 
also apply to the following additional uses proposed to be added to 
this definition: ``facility manager,'' ``internet service provider 
(ISP),'' ``passive reflector,'' and ``local exchange network.''
    The proposed rule would add the term and definition of ``duly filed 
application'' to explain that it is an application which includes all 
the elements required by Sec.  2804.25.
    The proposed rule would add 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.
Section 2861.8 Severability
    Proposed Sec.  2861.8 is based on the existing Sec.  2801.8 (and 
also parallels Sec.  2881.9, which is proposed to be changed to Sec.  
2881.8) and would provide that any decision finding any provisions in 
part 2860 to be invalid would not affect the remaining provisions, 
which would remain in force.
Section 2861.9 When do I need a grant?
    Proposed Sec.  2861.9 is based on the existing Sec.  2801.9 and 
would describe and provide some examples of when an authorization is 
needed to use public lands for communications uses.
    Proposed paragraph (a) of this section provides that an 
authorization would be required when installing a facility that

[[Page 67321]]

is not under a current valid authorization. This is not a new 
requirement and is consistent with current BLM practice.
    Proposed paragraph (b) of this section explains that an 
authorization would be required when installing a linear communications 
facility, such as a fiber optic cable. Due to the communications nature 
of fiber optic cables and telephone lines, proposed part 2860 is an 
appropriate location for regulations administering these communications 
uses.
Subpart 2862--Lands Available for Grants
Section 2862.11 How does the BLM designate communications sites and 
establish communications site management plans?
    Proposed Sec.  2862.11 would describe how the BLM designates 
communications sites and when communications site management plans are 
prepared.
    This proposed section is based on existing Sec.  2802.11, which 
describes how the BLM designates ROW corridors and designated leasing 
areas.
    Under proposed Sec.  2862.11(a), the BLM would 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).
    Proposed paragraph (b) would identify factors the BLM considers 
when determining land suitability for communications uses, in addition 
to the factors described in existing Sec.  2802.11(b).
    Proposed paragraph (c) describes how the BLM would establish 
communications site management plans. As described under the definition 
for the plans, they 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 could take the form of an applicable 
categorical exclusion or determination of NEPA adequacy.
Subpart 2864--Applying for Grants
Section 2864.10 What should I do before I file my application?
    Proposed Sec.  2864.10 is based on existing Sec.  2804.10.
    Proposed Sec.  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 would 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.
    Proposed paragraph (b) would prompt applicants to ask the BLM for a 
copy of any applicable communications site management plan for the site 
of the proposed project. Having a communications site management plan 
would assist the applicant in developing a project proposal consistent 
with the communications site management plan and streamline the 
processing of an application.
    Paragraph (c) would specify what an applicant should acquire before 
submitting an application to the BLM. A complete communications uses 
application almost always requires proof of an FCC license. If an 
applicant already has 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.
Section 2864.12 What must I do when submitting my application?
    Proposed Sec.  2864.12 would describe the supplemental information 
needed to accompany the SF-299, which is required for all 
communications uses applications. Proposed Sec.  2864.12 is based on 
existing Sec.  2804.12 but proposes 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 proposed section standardizes 
the requirements specific to communications uses, to streamline the 
application process for these types of authorizations.
    Proposed paragraph (a) of this section would clarify 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 proposed 
revision would allow applicants to file their applications 
electronically. These changes would streamline application submissions 
and allow for more flexibility in how applications are submitted.
    Proposed paragraph (a)(1) of this section refers to Sec.  2804.12 
for a list of attachments that should be included in all applications.
    Proposed paragraph (a)(2) would require an applicant to provide 
proof of their FCC license. This requirement is consistent with current 
BLM practice, and the BLM proposes to incorporate this requirement into 
the regulations to notify applicants what to expect. There is no 
expectation that this new language would create any additional burden 
for communications uses applicants.
    Paragraph (a)(3) of this section would require an applicant to 
submit the GIS shapefiles for a map of the proposed project. That 
requirement is consistent with proposed changes to Sec.  2804.12(a)(4), 
which already requires an applicant to submit a map of the proposed 
project and would further require the applicant to submit GIS 
shapefiles, upon request, under the proposed rule. When a BLM office is 
conducting a NEPA analysis, it is not uncommon for the various resource 
specialists to request that an applicant provide project data 
electronically in a GIS format. It is also likely the individual or 
entity responsible for the application already has the proposed project 
in a GIS format, and therefore, the BLM would not be adding a 
significant burden upon the applicant. This new requirement would be 
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.
    Paragraph (a)(4) of this section would require an application to 
include draft engineering or construction drawings. By including these 
drawings, applicants could 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 would 
streamline application processing times.
    Paragraph (a)(5) of this section would require that a 
communications uses application include technical data related to 
communication equipment used in and on the proposed facility. The 
proposed rule would specify the

[[Page 67322]]

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) would require 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 
existing 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. Current BLM policy requires a POD be 
submitted with all applications and the proposed rule would not be 
expected to create any additional burden on the applicant.
    Proposed paragraph (b) would state 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). The proposed changes explain that the BLM would not process an 
application until the additional information has been submitted. The 
BLM anticipates this change would help expedite application review and 
processing. This proposed paragraph is based on existing Sec.  
2804.12(f).
Section 2864.24 Do I always have to use Standard Form 299 when 
submitting my application for a grant?
    Proposed Sec.  2864.24 would require that the SF-299 be used for 
all communications uses applications, consistent with Section 606(b)(2) 
of the MOBILE NOW Act. This proposed section would be consistent with 
current BLM practice, as well as that of many other Federal agencies, 
and would clarify requirements to the applicant.
Section 2864.25 How will the BLM process my Communications Uses 
application?
    Proposed Sec.  2864.25 provides that the BLM would process 
communications uses applications consistent with existing Sec.  
2804.25. In addition, this section would require 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 
anticipates this new regulation would shorten application processing 
times and establish consistency among BLM offices.
Section 2864.26 Under what circumstances may the BLM deny my 
application?
    Proposed Sec.  2864.26 is based on existing Sec.  2804.26 and 
describes 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.
    Proposed 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 would be given the 
opportunity during the application process to provide evidence of 
potential interference with their use. The BLM would 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 proposed paragraphs (b) and (c) of this section, an 
application could 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.
Section 2864.35 How will the BLM prioritize my Communications Uses 
application?
    Proposed Sec.  2864.35 describes how the BLM would 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 proposed section, the BLM would prioritize 
processing applications for grants that meet the needs of underserved, 
rural, and Tribal communities, as well as first responders. The BLM 
would like the public to comment on any further criteria the BLM should 
consider when prioritizing processing communications uses applications.
    This proposed section was added in response to E.O. 13821, 
discussed earlier in this preamble.
Subpart 2865--Terms and Conditions of Grants
Section 2865.14 What rights does a grant provide?
    Proposed Sec.  2865.14 would describe the rights provided by a 
grant, in addition to the rights described in existing Sec.  2805.14.
    Proposed paragraph (a) of this section is based on existing Sec.  
2805.14(a) and would be revised to clarify that only facilities 
explicitly allowed by an authorization are acceptable.
    Proposed paragraph (b) of this section is based on existing Sec.  
2805.14(b) and would describe when the holder of an authorization may 
allow subleasing of their facilities to others. The term ``subleasing'' 
is added to maintain consistency with current BLM policy when 
administering grants. Currently, many authorizations are managed by 
another entity that was not approved by the BLM. This paragraph would 
clarify what an authorization may allow.
    Proposed 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. The existing section describes access to lands, but the 
proposed rule would instead refer to ``lands or facilities.'' This 
change is consistent with other changes to the regulations proposed to 
be moved to part 2860, which are intended to acknowledge that an 
authorization may be either a grant to use a facility or a grant for 
the use of public lands.
    Proposed paragraph (d) of this section would set 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 would be carried forward for 
grants. The BLM could determine in a given case that a shorter term is 
appropriate for an 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.

Subpart 2866--Annual Rents and Payments

    Proposed subpart 2866 would contain the rental requirements for 
grants. Many of the sections would be moved from

[[Page 67323]]

existing subpart 2806 with no substantive changes from existing 
requirements. The proposed 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 would 
be moved into proposed subpart 2866.

                             Table 4--Proposed Subpart 2866 vs Existing Subpart 2806
----------------------------------------------------------------------------------------------------------------
                                    Section 2866 based on or moved from 2806
-----------------------------------------------------------------------------------------------------------------
         Current section                 Current title            Proposed section           Proposed title
----------------------------------------------------------------------------------------------------------------
Subpart 2806.....................  Annual Rents and Payments  Subpart 2866...........  Annual Rents and
                                                                                        Payments.
Based on Sec.   2806.14..........  Under what circumstances   Sec.   2866.14.........  Under what circumstances
                                    am I exempt from paying                             am I exempt from paying
                                    rent?                                               rent?
Based on Sec.   2806.15..........  Under what circumstances   Sec.   2866.15.........  Under what circumstances
                                    may BLM waive or reduce                             may the BLM waive or
                                    my rent?                                            reduce my rent?
Based on Sec.   2806.23..........  How will the BLM           Sec.   2866.23.........  How will the BLM
                                    calculate my rent for                               calculate my rent for
                                    linear rights-of-way the                            linear rights-of-way for
                                    Per Acre Rent Schedule                              Communications Uses?
                                    covers?
Moved from Sec.   2806.30........  What are the rents for     Sec.   2866.30.........  What are the rents for
                                    communication site                                  Communications Uses?
                                    rights-of-way?
Moved from Sec.   2806.31........  How will BLM calculate     Sec.   2866.31.........  How will the BLM
                                    rent for a right-of-way                             calculate rent for
                                    for communication uses                              Communications Uses in
                                    in the schedule?                                    the schedule?
Moved from Sec.   2806.32........  How does BLM determine     Sec.   2866.32.........  How does the BLM
                                    the population strata                               determine the population
                                    served?                                             strata served for your
                                                                                        facility?
Moved from Sec.   2806.33........  How will BLM calculate     Sec.   2866.33.........  How will the BLM
                                    the rent for a grant or                             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     Sec.   2866.34.........  How will the BLM
                                    the rent for a grant or                             calculate the rent for a
                                    lease authorizing a                                 multiple-use
                                    multiple-use                                        communication facility
                                    communication facility?                             grant?
Moved from Sec.   2806.35........  How will BLM calculate     Sec.   2866.35.........  How will the BLM
                                    rent for private mobile                             calculate rent for
                                    radio service (PMRS),                               private mobile radio
                                    internal microwave, and                             service (PMRS), internal
                                    ``other'' category                                  microwave, and ``other''
                                    users?                                              category uses?
Moved from Sec.   2806.36........  If I am a tenant or        Sec.   2866.36.........  If I am a tenant or
                                    customer in a facility,                             customer in a facility,
                                    must I have my own grant                            must I have my own grant
                                    or lease and if so, how                             and if so, how will this
                                    will this affect my                                 affect my rent?
                                    rent?
Moved from Sec.   2806.37........  How will BLM calculate     Sec.   2866.37.........  How will the BLM
                                    rent for a grant or                                 calculate rent for a
                                    lease involving an                                  grant involving an
                                    entity with a single use                            entity with a single use
                                    (holder or tenant)                                  (holder or tenant)
                                    having equipment or                                 having equipment or
                                    occupying space in                                  occupying space in
                                    multiple BLM-authorized                             multiple BLM-authorized
                                    facilities to support                               facilities to support
                                    that single use?                                    that single use?
Based on Sec.   2806.38..........  Can I combine multiple     Sec.   2866.38.........  Can I combine multiple
                                    grants or leases for                                grants for facilities
                                    facilities located on                               located at one site into
                                    one site into a single                              a single grant?
                                    grant or lease?
Moved from Sec.   2806.39........  How will BLM calculate     Sec.   2866.39.........  How will the BLM
                                    rent for a lease for a                              calculate rent for a
                                    facility manager's use?                             grant for a facility
                                                                                        manager's use?
Moved from Sec.   2806.40........  How will BLM calculate     Sec.   2866.40.........  How will the BLM
                                    rent for a grant or                                 calculate rent for an
                                    lease for ancillary                                 authorization for
                                    communication uses                                  ancillary Communications
                                    associated with                                     Uses associated with
                                    communication uses on                               Communications Uses on
                                    the rent schedule?                                  the rent schedule?
Based on Sec.   2806.41..........  How will BLM calculate     Sec.   2866.41.........  How will the BLM
                                    rent for communication                              calculate rent for
                                    facilities ancillary to                             communications
                                    a linear grant or other                             facilities ancillary to
                                    use authorization?                                  a linear grant or other
                                                                                        use authorization?
Based on Sec.   2806.42..........  How will BLM calculate     Sec.   2866.42.........  How will the BLM
                                    rent for a grant or                                 calculate rent for
                                    lease authorizing a                                 Communications Uses
                                    communication use within                            within a federally owned
                                    a federally-owned                                   communications facility?
                                    communication facility?
Moved from Sec.   2806.43, but     How does BLM calculate     Sec.   2866.43.........  How does the BLM
 the terms would be moved to Sec.   rent for passive                                    calculate rent for
   2861.5.                          reflectors and local                                passive reflectors and
                                    exchange networks?                                  local exchange networks?
Moved from Sec.   2806.44........  How will BLM calculate     Sec.   2866.44.........  How will the BLM
                                    rent for a facility                                 calculate rent for a
                                    owner's or facility                                 facility owner's or
                                    manager's grant or lease                            facility manager's grant
                                    which authorizes                                    which authorizes
                                    communication uses?                                 Communications Uses?
----------------------------------------------------------------------------------------------------------------

    For a discussion of the sections in subpart 2806 that would be 
removed by this proposed rule, see the preamble discussion of subpart 
2806.
Section 2866.14 Under what circumstances am I exempt from paying rent?
    Proposed Sec.  2866.14 describes when a holder would be exempt from 
paying rent. Proposed paragraph (a)(1) of this section states that 
Federal, State, and local governments, along with their 
instrumentalities, would be exempt from paying rent. Proposed 
paragraphs (a)(2) and (a)(3) carry over from paragraphs (a)(3) and 
(a)(4) of Sec.  2806.14. Proposed paragraph (b) describes the proposed 
exceptions to these exemptions.
    Under paragraph (b)(1) of this section, a holder would not be 
exempt from paying rent if the holder is in trespass. This is not a 
change from existing requirements but would be added to the regulations 
to provide clarity to holders.
    Proposed paragraphs (b)(2)(i) and (b)(2)(ii) would explain that a 
State or local government entity would not be 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 new paragraph (b)(2)(iii), a State or local government entity 
would not be exempt from rent if it charges rent to the United States 
Government for occupancy within an exempt facility (above routine 
operation and maintenance costs). Currently, the BLM and other Federal 
agencies are often charged rent to occupy space in another governmental 
(State or local

[[Page 67324]]

government) facility when their authorization to occupy the public 
lands is exempt from rental. The BLM is proposing this change to 
reciprocate 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.
Section 2866.15 Under what circumstances may the BLM waive or reduce my 
rent?
    Proposed Sec.  2866.15 would include rental reduction or waiver 
provisions that would apply specifically to the communications uses 
program.
    Under proposed paragraph (a) of this section, the BLM could waive 
or reduce rent for holders that are licensed by the FCC as non-
commercial and educational broadcasters.
    Under proposed paragraph (b) of this section, the BLM could 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. A holder could request a waiver or 
reduction in rent under proposed Sec.  2806.15(b)(5).
    Paragraph (c) of this section would describe when the BLM could 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 for the 
occupants whose use is normally exempt or waived by the BLM. This 
provision would be consistent with proposed Sec.  2866.14(b)(2).
    Paragraph (d) of this section would describe when the BLM would 
revoke a holder's waiver of rent. Under paragraph (d) of this section, 
the BLM would revoke a holder's waiver if it determines that the 
authorization holder no longer meets the criteria for a waiver.
    This proposed section would provide 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 proposed 
section would streamline our processes by demonstrating to the public 
when rent could be waived or reduced and by reducing the need for the 
BLM to further analyze a request.
Section 2866.23 How will the BLM calculate my rent for linear rights-
of-way for Communications Uses?
    Proposed Sec.  2866.23 is based on existing Sec.  2806.23 and would 
provide some additional clarification that linear communications uses, 
such as for fiber optic and telephone cable, would 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.
Section 2866.30 What are the rents for Communications Uses?
    While much of proposed part 2860 is based on sections of part 2800, 
which would remain as part of the proposed rule, the communications 
site rent provisions (proposed Sec. Sec.  2866.30 through 2866.44) 
contain the provisions that would be moved from subpart 2806 to new 
subpart 2866. Changes from existing provisions are discussed in the 
following sections of this preamble.
    Proposed Sec.  2866.30 contains the provisions of existing Sec.  
2806.30. This proposed section describes how the BLM would assess 
annual rent for communications uses. Only the address for the BLM would 
be updated.
Section 2866.31 How will the BLM calculate rent for Communications Uses 
in the schedule?
    Proposed Sec.  2866.31 contains the provisions of existing Sec.  
2806.31 and there would be no substantive changes from existing 
requirements.
Section 2866.32 How does the BLM determine the population strata served 
for your facility?
    Proposed Sec.  2866.32 contains the provisions of existing Sec.  
2806.32 and there would be no substantive changes from existing 
requirements.
Section 2866.33 How will the BLM calculate the rent for a single use 
communication facility grant?
    Proposed Sec.  2866.33 contains the provisions of existing Sec.  
2806.33 and there would be no substantive changes from existing 
requirements.
Section 2866.34 How will the BLM calculate the rent for a multiple-use 
communication facility grant?
    Proposed Sec.  2866.34 contains the provisions of existing Sec.  
2806.34, and there would be no substantive changes from existing 
requirements.
Section 2866.35 How will the BLM calculate rent for private mobile 
radio service (PMRS), internal microwave, and ``other'' category uses?
    Proposed Sec.  2866.35 contains the provisions of existing Sec.  
2806.35, and there would be no substantive changes from existing 
requirements.
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?
    Proposed Sec.  2866.36 contains the provisions of existing Sec.  
2806.36, and there would be no substantive changes from existing 
requirements.
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?
    Proposed Sec.  2866.37 contains the provisions of existing Sec.  
2806.37, and there would be no substantive changes from existing 
requirements.
Section 2866.38 Can I combine multiple grants for facilities located at 
one site into a single grant?
    Proposed Sec.  2866.38 contains the provisions of existing Sec.  
2806.38 and would now require submittal of an SF 299 for BLM 
authorization to combine facilities into a single grant.
Section 2866.39 How will the BLM calculate rent for a grant for a 
facility manager's use?
    Proposed Sec.  2866.39 contains the provisions of existing Sec.  
2806.39, and there would be no substantive changes from existing 
requirements.
Section 2866.40 How will the BLM calculate rent for an authorization 
for ancillary Communications Uses associated with Communications Uses 
on the rent schedule?
    Proposed Sec.  2866.40 contains the provisions of existing Sec.  
2806.40, and there would be no substantive changes from existing 
requirements. The BLM considers ``ancillary'' communication facilities 
to be those used solely for the purpose of internal communications.
Section 2866.41 How will the BLM calculate rent for communications 
facilities ancillary to a linear grant or other use authorization?
    Proposed Sec.  2866.41 contains the provisions of existing Sec.  
2806.41, and there would be no substantive changes from existing 
requirements.

[[Page 67325]]

Section 2866.42 How will the BLM calculate rent for Communications Uses 
within a federally owned communications facility?
    Proposed Sec.  2866.42 contains the provisions of existing Sec.  
2806.42, and there would be no substantive changes from existing 
requirements.
Section 2866.43 How does the BLM calculate rent for passive reflectors 
and local exchange networks?
    Proposed Sec.  2866.43 contains the provisions of existing Sec.  
2806.43, except that the definitions for ``passive reflector'' and 
``local exchange network'' have been added to proposed Sec.  2861.5 
instead.
Section 2866.44 How will the BLM calculate rent for a facility owner's 
or facility manager's grant which authorizes Communications Uses?
    Proposed Sec.  2866.44 contains the provisions of existing Sec.  
2806.44, and there would be no substantive changes from existing 
requirements.

Subpart 2868--Communications Uses Trespass

Section 2868.10 What is a Communications Uses trespass?
    Proposed Sec.  2868.10 is based on Sec.  2808.10 but would provide 
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) would state that adding to or altering from the 
communications facilities described in the authorization without 
approval from the BLM would be a trespass.
    Paragraph (b) of this section would state that facility owners who 
permit communications uses of other users by allowing them to sublease 
any portion of their facilities without approval would be considered a 
trespass.
    Paragraph (c) would explain 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 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 years, but it became clear that there was some confusion by users 
as to exactly what the BLM considered trespass. The BLM believes that 
publishing these provisions as regulations would lead to a reduction in 
unauthorized use.

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 the 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.
    Section 28 of the MLA (30 U.S.C. 185(l)) requires applicants for 
either MLA pipeline ROWs or temporary use permit (TUPs) to reimburse 
the United States for administrative and other costs incurred in 
processing applications and monitoring the construction, operation, 
maintenance, and termination of any pipeline and related facilities.
    The MLA does not limit or qualify the actual cost requirement, nor 
does it list any factors that the BLM may consider when determining 
reimbursable costs. The BLM bases actual cost information on Federal 
accounting and reporting systems. The BLM is proposing changes to part 
2880 to provide consistency with the general ROW regulations of part 
2800.

Subpart 2881--General Information

Section 2881.2 What is the objective of the BLM's right-of-way program?
    The proposed rule would add the words ``wherever practical'' to the 
objective described in Sec.  2881.2(c). This proposed change would be 
consistent with proposed Sec.  2801.2(c). For a more detailed 
discussion, please see the preamble discussion for Sec.  2801.2(c).
Section 2881.5 What acronyms and terms are used in the regulations in 
this part?
    The BLM proposes to amend Sec.  2881.5(b) for consistency with 
proposed Sec.  2801.5. For a detailed discussion of these changes, 
please see the preamble discussion of proposed Sec.  2801.5.
Section 2881.7 Scope.
    The BLM proposes to amend paragraphs (a) and (b)(1) in Sec.  
2881.7. These modifications would clarify when an action would be 
processed under the regulations of part 2880 and when an action would 
be processed under the application for permit to drill (APD) 
regulations (43 CFR part 3160). Within the APD lease area, the BLM 
would process ``related facilities'' under the APD as defined in Sec.  
2881.5. Once a pipeline or related facility leaves the APD lease area 
and is outside the boundary of the APD lease area it would be 
considered ``off lease'' and, at the lease boundary, would become an 
activity processed under these regulations to the extent 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 would be processed under these 
regulations regardless of whether the pipelines and related facilities 
are on or off lease.
    These proposed changes would not impact oil and gas operators, who 
would still coordinate with the BLM to manage their pipelines and 
related facilities. The proposed rule would ensure consistency in BLM 
operations and how these facilities are managed under these 
regulations.
Section 2881.8 Severability.
    The BLM proposes to redesignate Sec.  2881.9 as 2881.8 to be 
consistent with the same sections in the 2800 and 2860 regulations.

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 
proposes to change 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) would also be revised to remove the 
reference to the applicant and the application.

Subpart 2884--Applying for MLA Grants or TUPs

Section 2884.11 What information must I submit in my application?
    The proposed rule would revise Sec. Sec.  2884.11(a) and 
2884.11(c)(6) for consistency with proposed Sec.  2804.12. For a more 
detailed discussion of these proposed changes, see the preamble 
discussion of Sec.  2804.12.
Section 2884.12 What are the fee categories for cost recovery?
    The proposed rule would revise the title of this section to read, 
``What are the fee categories for cost recovery? '' for consistency 
with proposed Sec.  2804.14. For a detailed discussion of the other 
changes to this section, please see the preamble discussion of proposed 
Sec.  2804.14.

[[Page 67326]]

Section 2884.13 When will the BLM waive cost recovery fees?
    The proposed rule would revise 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 proposes 
to amend Sec.  2884.13 for consistency with proposed Sec.  2804.16. For 
a detailed discussion of these changes, please see the preamble 
discussion of proposed Sec.  2804.16.
Section 2884.14 When does the BLM reevaluate the cost recovery fees?
    The proposed rule would revise 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.
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 proposed rule would amend 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 proposed changes to Sec.  2804.17. For 
a more detailed discussion of these changes, please see the preamble 
discussion of Sec.  2804.17.
Section 2884.16 What provisions do Master Agreements contain and what 
are their limitations?
    The proposed rule would amend provisions in Sec.  2884.16(a) that 
describe how processing and monitoring activities are included in a 
Master Agreement. Section 2884.16(c) would be added to clarify that a 
Master Agreement would 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 
proposed amendments to Sec.  2804.18. For a more detailed discussion of 
these revisions, please see the preamble discussion of Sec.  2804.18.
Section 2884.17 How will the BLM manage my Category 6 project?
    The proposed rule would amend Sec.  2884.17 by revising the heading 
to read ``How will the BLM manage my Category 6 project?'' The BLM 
proposes to revise Sec.  2884.17(a) to include processing and 
monitoring activities. Revised Sec.  2884.17(b) would describe what the 
BLM would do in monitoring your grant. Proposed 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 proposed amendments to Sec.  2804.19. For a more detailed 
discussion of these revisions, please see the preamble discussion of 
Sec.  2804.19.
Section 2884.21 How will the BLM process my application?
    The proposed rule would amend Sec.  2884.21 for consistency with 
the proposed revisions to Sec.  2804.25. For a more detailed discussion 
of these revisions, please see the preamble discussion of Sec.  
2804.25.
Section 2884.23 Under what circumstances may the BLM deny my 
application?
    The proposed rule would revise 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 would make this 
paragraph consistent with Sec. Sec.  2804.26 and 2864.26.
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 proposed rule would amend Sec.  2884.24 to provide consistency 
with proposed Sec.  2804.27. For a more detailed discussion of these 
amendments, please see the preamble discussion of Sec.  2804.27.
Section 2884.27 What additional requirements are necessary for grants 
for pipelines 24 or more inches in diameter?
    The proposed rule would amend 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 would be 
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 say BLM must notify Congress of the filed application.
    The reasons for removing TUPs from this section are as follows:
    (1) Section 185(w) of the MLA, which is the statutory source of the 
notification requirement, does not mention TUPs, only ROWs;
    (2) Congressional notification for TUPs creates a significant, 
unnecessary workload for BLM offices, the Department of the Interior, 
and Congress; and
    (3) The TUPs are temporary in nature, unlike new grants.

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

Section 2885.12 What rights does a grant or TUP provide?
    The proposed rule would amend the title of 2885.12 from ``What 
rights does a grant or TUP convey? '' to ``What rights does a grant or 
TUP provide?'' in order to be clear that the BLM does not convey any 
ownership rights to a ROW holder.
Section 2885.17 What happens if I do not pay rents and fees or if I pay 
the rents or fees late?
    The proposed rule would amend Sec.  2885.17 to provide consistency 
with proposed Sec.  2806.13. For a more detailed discussion of these 
changes, please see the preamble discussion of Sec.  2806.13.
Section 2885.19 What is the rent for a linear right-of-way grant?
    The proposed rule would revise paragraph (b) to update the contact 
address of the BLM and highlight availability of the Per Acre Rent 
Schedule on the BLM website.
Section 2885.24 If I hold a grant or TUP, what cost recovery fees must 
I pay?
    The proposed rule would amend 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 proposed rule would 
revise Sec. Sec.  2885.24(a) and 2885.24(b), and add a new Sec.  
2885.24(c). Section 2885.24(a) would refer you to Sec.  2884.12(b) for 
the descriptions of the proposed minor category fees. Section 
2885.24(b) would state that Categories 1 through 4 would be updated on 
an annual basis. Added Sec.  2885.24(c) would explain how to obtain a 
copy of the current cost recovery fee schedule.

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 would be 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.

[[Page 67327]]

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) would be revised to change the term ``processing 
and monitoring'' to ``cost recovery,'' consistent with proposed Sec.  
2807.20(b).
Section 2887.11 May I assign or make other changes to my grant or TUP?
    Section 2887.11(i) would be added to clarify that an authorization 
amendment is necessary for a substantial deviation from location or 
use.
Section 2887.12 How do I renew my grant?
    The proposed rule would amend Sec.  2887.12 to provide consistency 
with proposed Sec.  2807.22. For a more detailed discussion of these 
changes, please see the preamble discussion of Sec.  2807.22.

PART 2920--LEASES, PERMITS AND EASEMENTS

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

Section 2920.0-5 Definitions.
    Section 2920.0-5 would be amended to add the term and a definition 
of ``cost recovery'' and would be reorganized to be in alphabetical 
order.
Section 2920.6 Payment of cost recovery fees.
    The title of Sec.  2920.6 would be amended from ``Reimbursement of 
costs'' to ``Payment of cost recovery fees,'' and the content of the 
section would be updated to reflect this change. The change better 
explains the process to collect estimated cost recovery fees before the 
work is performed rather than afterward through reimbursement.
Section 2920.8 Fees.
    Section 2920.8 would be amended by revising Sec.  2920.8(b) to say, 
``cost recovery fees,'' to provide consistency with the revisions made 
to part 2800.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 12866 (58 FR 51725, October 4, 1993) 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget (OMB) will review all 
significant rules. The OIRA has determined that this rule is not 
significant.
    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.
    The BLM reviewed the proposed requirements and has determined that 
the proposed rule does not meet any of the E.O. 12866 criteria of 
significance. OIRA has also concluded that the proposed rule is not a 
significant regulatory action. Therefore, the proposed rule is not a 
significant regulatory action, and the BLM is not required to submit a 
regulatory impact analysis to OMB for review.
    The proposed rule would not have a significant effect on the 
economy. The BLM estimated that the proposed 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. While disclosing the 
estimated transfers are important for describing the distributional 
effects of the proposed rule, these payments should not be included in 
the estimated costs and benefits per OMB Circular A4.
    For more detailed information, see the Economic and Threshold 
Analysis prepared for this proposed rule. The economic analysis has 
been posted in the docket for the proposed 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.

Federal Actions To Address Environmental Justice in Minority 
Populations and Low-Income Populations (E.O. 12898)

    E.O. 12898 (59 FR 7629, February 16, 1994) requires that, to the 
extent practicable and permitted by law, each Federal agency must make 
achieving environmental justice part of its mission. E.O. 12898 
provides that each Federal agency conduct its programs, policies, and 
activities that substantially affect human health or the environment in 
a manner that ensures that such programs, policies, and activities do 
not have the effect of excluding persons (including populations) from 
participation in, denying persons (including populations) the benefits 
of, or subjecting persons (including populations) to discrimination 
under such programs, policies, and activities because of their race, 
color, or national origin. This rule streamlines the processing of ROWs 
and their associated fees and requires operations and maintenance plans 
for powerline ROWs. These proposed 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 disproportionately high and adverse impacts to minority or 
low-income communities.

Regulatory Flexibility Act

    This rule would 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 the affected 
industries. We determined that a large share of the entities in the 
affected industries are small businesses as defined by the Small 
Business Act (SBA). However, the BLM believes that the impact on the 
small entities is not significant.
    The proposed rule would benefit small businesses by streamlining 
the BLM's processes. Cost recovery fees would increase, but the impact 
of the increases is not expected to be substantial for the small 
entities, nor would it fall disproportionately on small businesses.
    For the purpose of carrying out its review pursuant to the RFA, the 
BLM believes that the proposed rule would

[[Page 67328]]

not have a ``significant economic impact on a substantial number of 
small entities,'' as that phrase is used in 5 U.S.C. 605. An initial 
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 proposed rule would 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) Would 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 would not pose an impact to small 
businesses, because the proposed increase in fees represents a very 
minor percentage of the average annual receipts of these entities. 
Based on our review of these data, we believe that there is only a very 
small potential for the smallest of the small businesses to be 
impacted. Further, there are aspects of the rule that would 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 
proposed rule would not have adverse effects on any of these criteria, 
it would encourage the development of communications uses in rural 
areas in accordance with E.O. 13821 and the MOBILE NOW Act.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. 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 proposed or 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, and Tribal governments, in 
the aggregate, or to the private sector in any one year. The rule would 
not significantly or uniquely affect small governments. A statement 
containing the information required by the UMRA is not required.

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. The 
proposed rule would 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 With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior (DOI) 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), 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 we initiated 
consultation with Tribal governments that wish to discuss the rule.
    In August 2021, the BLM sent a letter to federally recognized 
Indian Tribes notifying them about the BLM's intent to pursue this 
rulemaking. In that letter, the BLM invited the tribes to government-
to-government consultation. We look forward to continuing close 
interaction with Tribal leaders as we proceed through this rulemaking 
process.

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

    This proposed rule contains new information collections. All 
information collections require approval under the Paperwork Reduction 
Act of 1995 (PRA) (44 U.S.C. 3501 et seq.). We 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 proposed 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 (U.S. Department of Agriculture--U.S. Forest 
Service OMB Control Number 0596-0249, expires 02/28/2023). You may view 
our approved Request for Common Form at https://www.reginfo.gov/public/do/PRAMain. Additionally, Sec.  2884.11 refers to BLM 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 (expires 01/31/2025). The proposed rule 
would not

[[Page 67329]]

change these forms or the associated information collected as part of 
the application requirements.
    This proposed rule includes provisions pertaining to non-hour 
burdens authorized by the FLPMA and the MLA. The FLPMA is the only 
authority under which communications uses on BLM-managed lands may be 
authorized. However, both the 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. If this proposed rule becomes 
effective, the BLM would 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 Office of 
Hearings and Appeals, Department of the Interior. 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)--Proposed 
amendments to Sec.  2803.11 would 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.'' The proposed 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, the proposed 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 & 43 CFR 
2884.15) Sections 2804.17 and 2884.15 describe the information a holder 
of a FLPMA grant, MLA grant, or Temporary Use Permit (TUP) must provide 
to the BLM when requesting a ``Master Agreement (Cost Recovery Category 
5).'' A Master Agreement, as described in existing 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 would 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 proposed 
amendments for 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 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 
would 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. Applicants may 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 
would 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 requirement from the BLM. 
Any such request is not approved until the BLM provides their approval 
in writing. The request for alternative must:

[[Page 67330]]

    (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 in a timely manner, before 
the deadline to meet 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)--A proposed amendment to Sec.  2805.15 would add 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 would be consistent with the requirements of existing 
Sec.  2805.12(a)(15).
    (10) Operations, Maintenance, and Fire Prevention Plans (43 CFR 
2804.25(c)(2) and 43 CFR 2805.21(a))--Proposed Sec. Sec.  2804.25(c)(2) 
and 2805.21(a) would require an operations, maintenance, and fire 
prevention plan for all new powerline ROWs. Applications to amend and 
renew powerline ROWs must follow the same procedures as applications 
for new ROWs and would also be subject to this proposed requirement. 
Existing holders of powerline ROWs would not be required to submit an 
operations, maintenance, and fire prevention plan under the proposed 
rule until they renew or amend their grant but may submit such plans on 
a voluntary basis. Holders of ROWs may submit an operations, 
maintenance, and fire prevention plan 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. Proposed Sec.  2805.21(c) 
describes requirements of the operations, maintenance, and fire 
prevention plans that powerline ROW applicants would also be required 
to submit, as follows:
    (A) Plan requirements: An operations, maintenance, and fire 
prevention plan must:
    (i) Identify the applicable facilities to be maintained;
    (ii) Take into account the holder's own operating operations and 
maintenance plans for the applicable right-of-way;
    (iii) Describe the vegetation management, inspection, and 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 operations, maintenance, and fire 
prevention plan, if necessary; and
    (vi) Additionally, Sec.  2805.21 includes a requirement for a fire 
prevention plan (removal and disposal of cut trees and branches, 
including plans for sale of forest products).
    (11) Modification of Operations, Maintenance, and Fire Prevention 
Plans (43 CFR 2805.21(e))--Proposed Sec.  2805.21(e) describes how the 
BLM would notify the holder that an operations, maintenance, and fire 
prevention plan requires modifications. The BLM would 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 
would review and approve the proposed operations, maintenance, and fire 
prevention plan 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 operations, maintenance, and fire prevention plan, as long as 
the activity does not conflict with the identified condition that 
requires a plan modification.
    (12) Agreements in Lieu of Operations, Maintenance, and Fire 
Prevention Plans (43 CFR 2805.21(f))--Proposed Sec.  2805.21(f) 
provides that certain holders may enter into an agreement with the BLM 
in lieu of an operations, maintenance, and fire prevention plan. 
Qualifications to enter into agreements, in lieu of operations, 
maintenance, and fire prevention plans, are described in Sec.  
2805.21(g). An agreement must contain the same general requirements of 
operations, maintenance, and fire prevention plans described in Sec.  
2805.21. Agreements would need to include schedules, as described in 
proposed Sec.  2805.21(c)(4) and are subject to the same modification 
requirements of proposed Sec.  2805.21(e).
    (13) Notifications--Emergency Conditions (43 CFR 2805.22(a))--
Owners or operators of electric transmission or distribution lines 
shall 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 (43CFR 
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 operations, maintenance, and fire prevention plan 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 proposed Sec.  2866.30). When 
the BLM adjusts its rental schedule under these sections, some holders' 
rents may increase dramatically. The proposed rule includes provisions 
in each of these sections (see proposed 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)--

[[Page 67331]]

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.
    (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 would 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 issued. The holder would also need to submit information to 
support an undue hardship claim. Several other sections of the proposed 
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 grantees 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 would 
determine the rent based on the annual inventory certification 
statement provided. We require 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 would 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) Request for Collocation within Ancillary Facilities (43 CFR 
2866.41)--Proposed Sec.  2866.41 would add a regulation to require 
holders with ancillary facilities to request collocation. Under this 
proposed section, holders of a communications facility grant issued as 
an ancillary facility to a linear authorization could apply to the BLM 
for the right to allow subleasing within that facility. The BLM 
considers ``ancillary'' communication facilities to be those used 
solely for the purpose of internal communications for the grant. Once 
the BLM grants subleasing authority, the holder would not be charged 
any additional rent for the occupancy of additional uses in that 
facility.
    If the BLM does not respond to a holder's request for collocation 
within 60 days from acceptance of a complete application, the request 
would be considered approved. This conditional approval would be 
consistent with the streamlining measures proposed in this rule. These 
new provisions would make it easier for rural broadband providers to 
utilize existing infrastructure, thereby further facilitating the 
deployment of broadband in rural areas.
    (24) Environmental Impact Statement (43 CFR 2804.14(e), 43 CFR 
2884.12(e))--In processing your 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.
    Title of Collection: Rights-of-Way Communications Uses, Cost 
Recovery, and 512 of FLPMA (Vegetation Management) 43 CFR parts 2800, 
2860, 2880 AND 2920.
    OMB Control Number: 1004-New.
    Form Number: 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 (Request for a new OMB control 
number).
    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
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
any aspect of this information collection, including:
    (1) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether or 
not the information would have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including by using appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Send your comments and suggestions on this information collection 
by the date indicated in the DATES and ADDRESSES sections above. 
Comments on the information collection aspects of

[[Page 67332]]

this proposed rule will be summarized, along with the BLM's response to 
those comments, at the final rule stage of the rulemaking action.
    You may view the information collection request(s) at https://www.reginfo.gov/public/do/PRAMain.

National Environmental Policy Act

    The BLM has determined that the changes that would be made by this 
proposed rule are administrative or procedural in nature in accordance 
with 43 CFR 46.210(i). Therefore, the proposed action is categorically 
excluded from environmental review under the National Environmental 
Policy Act (NEPA).
    We have also determined that the proposed rule does not involve any 
of the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

Effects on the Energy Supply (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 proposed 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.

Clarity of This Regulation

    We are required by E.O.s 12866 (section 1(b)(12)), 12988 (section 
3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you believe that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Authors

    The principal authors of this rule are: Karen Montgomery, 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; James Tichenor, BLM 
Division of Lands, Realty and Cadastral Survey, Business Management 
Office; 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.

Delegation of Authority

    The action taken herein is pursuant to an existing delegation of 
authority.

Laura Daniel-Davis,
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 
proposes to amend 43 CFR parts 2800, 2880, and 2920, and add a new 43 
CFR part 2860 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.
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. Removing the acronym ``RMA'';
0
b. Removing the terms of ``base rent'' and ``communication use rent 
schedule'';
0
c. Adding terms for ``complete application'' and ``cost recovery'';
0
d. Removing the term of ``customer'';
0
e. Adding the term of ``exempt from rent'';
0
f. Revising the definition for ``facility'';
0
g. Removing the terms of ``facility manager'' and ``facility owner'';
0
h. Adding the term of ``hazard tree'';
0
i. Removing the term of ``monitoring'';
0
j. Adding the term of ``monitoring activities'';
0
k. Adding the terms for ``operations and maintenance,'' ``operations, 
maintenance, and prevention plan,'' and ``processing activities'';
0
l. Removing the term of ``site'';
0
m. Revising the definition of ``substantial deviation'';
0
n. Removing the term of ``tenant'';
0
o. Revising the definition of ``transportation and utility corridor'';
0
p. Adding the term of and ``waived from rent''; and
0
q. Revising the definition of ``zone.''
    The additions and revisions read as follows:


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

* * * * *
    Complete application means the BLM has verified that your 
application contains all of the required information under Sec.  
2804.12. The BLM will notify you after it determines that your 
application is complete.
    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.
* * * * *
    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,

[[Page 67333]]

that is or would be owned and controlled by the grantee within a right-
of-way.
* * * * *
    Hazard tree, when used in Sec.  2805.22 of this part, means any 
tree or part thereof (whether located inside or outside a right-of-way) 
that has been designated, prior to tree failure, by a certified or 
licensed arborist or forester under the supervision of the Secretary or 
the owner or operator of a transmission or distribution facility to be:
    (1) Dead, likely to die within the routine vegetation management 
cycle, or likely to fail within the routine vegetation management 
cycle; and
    (2) If the tree or part of the tree failed, likely to:
    (i) Cause substantial damage or disruption to a transmission or 
distribution facility; or
    (ii) Come within 10 feet of an electric power line.
    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.
    (1) 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;
    (2) For Monitoring Category 5 (Master Agreements), monitoring 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (3) For Monitoring Category 6, monitoring activities include those 
actions or activities agreed to between the BLM and the applicant
* * * * *
    Operations and maintenance means activities conducted by the right-
of-way holder to manage facilities and vegetation within and adjacent 
to the right-of-way. Activities must comply with right-of-way 
regulations of this Chapter and the terms and conditions of the right-
of-way authorization.
    Operations, maintenance, and fire prevention plan means a 
vegetation management, facility inspection, and operation and 
maintenance plan that:
    (1) Is prepared by the owner or operator of one or more facilities 
to cover one or more rights-of-way; and
    (2) Provides for the long-term, cost-effective, efficient, and 
timely management of facilities and vegetation on or adjacent to the 
right-of-way, including hazard trees, to enhance electric reliability, 
promote public safety, and avoid fire hazards.
* * * * *
    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.
    (1) For Processing Categories 1 through 4, processing activities 
include preliminary application reviews, application processing and 
administrative actions to the right-of-way or temporary use permit;
    (2) For Processing Category 5 (Master Agreements), processing 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (3) For Processing Category 6, processing activities include those 
actions or activities agreed to between the BLM and the applicant.
* * * * *
    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. 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.
* * * * *
    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.
    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 re-designating 
paragraphs (a)(6) and (7) as paragraphs (a)(5) and (6).
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.
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 will still be held responsible 
to follow the terms and conditions of the grant.
0
6. 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.
* * * * *
0
7. Amend Sec.  2804.12 by revising paragraphs (a) 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

[[Page 67334]]

original signature or meet the BLM standards for electronic commerce.
    Your complete application must include the following:
    (1) * * *
    (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
8. 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 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:

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, Room 5625, C Street NW, 
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 of this part. For Category 
5 and 6 applications or grants, see Sec. Sec.  2804.17, 2804.18, and 
2804.19 of this subpart. 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 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 of this 
part.
    (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 of this subpart 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
9. 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
10. 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.

[[Page 67335]]

0
11. 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 of 
this part) negotiated between the BLM and you that involves multiple 
BLM grant approvals for projects within defined geographic areas or for 
a specific common activity for many projects.
* * * * *
0
12. Amend Sec.  2804.18 by revising paragraphs (a)(2), (a)(5), and (c) 
to read as follows:


Sec.  2804.18  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 a grant and how the BLM will 
receive payment for this work;
* * * * *
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of cost recovery fees.
0
13. 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 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
14. Amend Sec.  2804.20 by revising the section heading, introductory 
text, and paragraph (a) 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
15. Amend Sec.  2804.21 by revising the section heading and paragraphs 
(a), (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:
    (1) * * *
    (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
16. Amend Sec.  2804.25 by:
0
a. Revising the section heading and paragraphs (a)(1);
0
b. Redesignating paragraph (c)(2) as (c)(3);
0
c. Adding a new paragraph (c)(2), and
0
d. Revising paragraph (d).
    The revisions and additions 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 your fees are exempt; and
* * * * *
    (c) * * *
    (2) For all powerline rights-of-way, you must submit an operations, 
maintenance, and fire prevention plan, unless you have an approved plan 
that meets the requirements of Sec.  2805.21; or
    (3) If you are unable to meet any of the requirements of this 
section, you must show good cause and submit a request for an 
alternative under Sec.  2804.40.
    (d) Customer service standard. The BLM will process your complete 
application as follows:

[[Page 67336]]



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

* * * * *
0
17. Amend Sec.  2804.26 by adding a new 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) of this subpart) or with a BLM request for additional 
information needed to process your application.
* * * * *
0
18. 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 I relinquish my grant?

    If the BLM denies your application, you withdraw it, 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
19. Amend Sec.  2805.11 by redesignating existing 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 
the right-of-way. Access routes must be identified in the grant and may 
include existing roads or other infrastructure.
* * * * *
0
20. Amend Sec.  2805.12 by rrevising the section heading, 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 terminate 
the facilities on the lands in the right-of-way in a manner consistent 
with the grant, including the approved POD, if one was required, or any 
approved operations, maintenance, and fire prevention plan;
* * * * *
    (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
21. Amend Sec.  2805.14 by revising the section heading and paragraphs 
(d) and (e) to read as follows:


Sec.  2805.14  What rights does a grant provide?

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


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;
* * * * *

[[Page 67337]]

    (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
23. Amend Sec.  2805.16 by revising it 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: 
U.S. Department of the Interior, Bureau of Land Management, 1849 C 
Street NW, Room 5625, Attention: Division of Lands, Realty and 
Cadastral Survey, Washington, DC 20240. The BLM also posts the current 
cost recovery fee schedule at https://www.blm.gov.
0
24. Add new Sec. Sec.  2805.21 and 2805.22 to read as follows:


Sec.  2805.21  What is an operations, maintenance, and fire prevention 
plan for electric transmission and distribution and other rights-of-
way?

    (a) Operations, maintenance, and fire prevention plans.
    (1) Are required for all new, renewed, and amended powerline 
rights-of-way (see Sec.  2804.25(c)(2)); and
    (2) May be submitted on a voluntary basis by:
    (i) Holders of powerline rights-of-way not subject to paragraph 
(a)(1); and
    (ii) Holders of ROWs 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 
operations, maintenance, and fire prevention plan.
    (c) Plan requirements: An operations, maintenance, and fire 
prevention plan 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) Describe the vegetation management, inspection, and operation 
and maintenance methods that may be used, 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 about undertaking 
routine and major maintenance; and
    (iii) The BLM to respond to a request by a holder under paragraph 
(c)(4)(ii) of this section; and
    (5) Describe processes for:
    (i) Identifying changes in conditions; and
    (ii) Modifying the approved operations, maintenance, and fire 
prevention plan, if necessary.
    (6) Provide for removal and disposal of cut trees and branches, 
including plans for sale of forest products.
    (d) Review and approval process. The BLM will, to the extent 
practicable, review and decide whether to approve operations, 
maintenance, and fire prevention plans within 120 days.
    (e) Operations, maintenance, and fire prevention plan 
modifications: The BLM may notify a holder that changed conditions 
warrant a modification to the operations, maintenance, and fire 
prevention plan.
    (1) The BLM will provide advance reasonable notice that the holder 
must submit an operations, maintenance, and fire prevention plan 
modification.
    (2) The holder must submit a proposed operations, maintenance, and 
fire prevention plan 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 new 
operations, maintenance, and fire prevention plans.
    (4) The holder may continue to implement any element of an approved 
operations, maintenance, and fire prevention plan that does not 
directly and adversely affect the condition precipitating the need for 
modification.
    (f) Agreements, in lieu of operations, maintenance, and fire 
prevention plans: Certain holders meeting the requirements described in 
paragraph (g) of this section may enter into an agreement with the BLM 
in lieu of an operations, maintenance, and fire prevention 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 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.
    (b) Non-Emergency Conditions.--For non-emergency conditions, the 
holder of a right-of-way for an electric

[[Page 67338]]

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 
operations, maintenance, and fire prevention plan.
    (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 operations, maintenance, and fire prevention plan 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 operations, maintenance, and 
fire prevention plan, 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 operations, maintenance, and fire prevention plan, 
you may proceed with the proposed activity.
    (c) Reasonable measures for prevention and suppression. 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.
0
25. 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, we 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
26. Amend Sec.  2806.14 by removing the fourth sentence of 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. BLM may require you to document the facility's eligibility 
for REA financing.
* * * * *
0
27. Amend Sec.  2806.15 by revising paragraphs (b), (b)(3), and (4), 
redesignating paragraph (c) as paragraph (b)(5), and revising new 
paragraph (b)(5) 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:
* * * * *
    (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
28. 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, Room 5625, Washington, DC 20240.


Sec.  Sec.  2806.30  through 2806.44 [Removed]

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


Sec.  Sec.  2806.30  through 2806.44.

0
30. Amend Sec.  2806.52 by revising paragraphs (a)(6) and (b)(2) as 
follows:


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

* * * * *
    (a) * * *
    (6) Contact address. 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, Room 5625, 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.
* * * * *
0
31. Amend Sec.  2806.62 by revising paragraphs (a)(7) and (b)(2) as 
follows:


Sec.  2806.62  Rents and fees for wind energy development grants.

* * * * *
    (a) * * *
    (7) Wind energy acreage rent schedule. You may obtain a copy of the 
current per acre zone rates for wind energy development at https://www.blm.gov, by contacting 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, Room 5625, Washington, DC 20240.
    (b) * * *
    (2) MW rate schedule. You may obtain a copy of the current MW rate 
schedule for wind energy development at https://www.blm.gov, by 
contacting 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, Room 5625, Washington, DC 20240.
* * * * *
0
32. Amend Sec.  2807.12 by redesignating paragraph (g) as paragraph (h) 
and

[[Page 67339]]

adding a new paragraph (g) to read as follows:


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

* * * * *
    (g) The BLM will not impose strict liability for damages or 
injuries resulting from:
    (1) The BLM unreasonably withholding or delaying approval of an 
operations, maintenance, and fire prevention plan submitted under Sec.  
2805.21 of this part; or
    (2) The BLM failing to adhere to an applicable schedule in an 
approved plan (see Sec.  2805.21(d)).
* * * * *
0
33. Amend Sec.  2807.17 by revising paragraph (b)(2), redesignating 
paragraph (b)(3) as paragraph (b)(4) and adding a new paragraph (b)(3) 
to read as follows:


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

* * * * *
    (b)* * *
* * * * *
    (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
* * * * *
0
34. 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 of this 
part.
* * * * *
    (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
35. Amend Sec.  2807.22 by revising paragraph (f) and adding a new 
paragraph (h) to read as follows:


Sec.  2807.22  How do I renew my grant or lease?

* * * * *
    (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 we have 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 paragraph (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.
0
36. Amend Sec.  2809.19 by revising paragraph (d) to read as follows:


Sec.  2809.19  Applications in designated leasing areas or on lands 
that later become designated leasing areas.

* * * * *
    (d) You may file a new application under part 2804 for testing and 
monitoring purposes inside designated leasing areas. If the BLM 
approves your application, you will receive a short term grant in 
accordance with Sec. Sec.  2805.11(c)(2)(i) or (ii), which may qualify 
you for an offset under Sec.  2809.16.
0
37. Add a new part 2860 to read as follows:

PART 2860--COMMUNICATIONS USES

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

General Provisions

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

Communications Uses Rental

Sec.  2866.23 How will the BLM calculate my rent for linear rights-
of-way for Communications Uses?
Sec.  2866.30 What are the rents for Communications Uses?
Sec.  2866.31 How will the BLM calculate rent for Communications 
Uses in the schedule?
Sec.  2866.32 How does the BLM determine the population strata 
served for your facility?
Sec.  2866.33 How will the BLM calculate the rent for a single use 
communication facility grant?
Sec.  2866.34 How will the BLM calculate the rent for a multiple-use 
communication facility grant?
Sec.  2866.35 How will the BLM calculate rent for private mobile 
radio service (PMRS), internal microwave, and ``other'' category 
uses?
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?
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?
Sec.  2866.38 Can I combine multiple grants for facilities located 
at one site into a single grant?

[[Page 67340]]

Sec.  2866.39 How will the BLM calculate rent for a grant for a 
facility manager's 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?
Sec.  2866.41 How will the BLM calculate rent for communications 
facilities ancillary to a linear grant or other use authorization?
Sec.  2866.42 How will the BLM calculate rent for Communications 
Uses within a federally owned communications facility?
Sec.  2866.43 How does the BLM calculate rent for passive reflectors 
and local exchange networks?
Sec.  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
Sec.  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 
individual, 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 government 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, 
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.
    Collocation means another use, other than the holder's use, added 
to a communications use facility. Collocation may occur inside the 
building or on a tower.
    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 of this part for calculating rent for communication facilities 
and uses located on public land:
    (1) 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;
    (2) 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;
    (3) 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;
    (4) 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;
    (5) 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

[[Page 67341]]

(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;
    (6) 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 equipment in the facility for their own uses;
    (7) Cellular telephone means a system of mobile or fixed 
communication devices that use a combination of radio and telephone 
switching technology and provide 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 of cellular 
telephone 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;
    (8) 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 of PMRS include: 
Private local radio dispatch, private paging services, and ancillary 
microwave communications equipment for controlling mobile facilities;
    (9) Microwave means communications uses that:
    (i) Provide long-line intrastate and interstate public telephone, 
television, and data transmissions; or
    (ii) Support the primary business of pipeline and power companies, 
railroads, land resource management companies, or wireless internet 
service provider (ISP) companies;
    (10) Internet service provider (ISP) refers to a holder who 
utilizes wireless technology to connect subscribers to the internet;
    (11) 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;
    (12) Local exchange network means radio service that provides basic 
telephone service, primarily to rural communities; and
    (13) 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. We consider 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) and 2866.42 of this subchapter. 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 (13) 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.  2804.25.
    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:
    (1) Holds a communication use grant;
    (2) Owns a communications facility on lands covered by that grant; 
and
    (3) 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:
    (1) Holds a communications uses grant;
    (2) Owns a communications facility on lands covered by that grant; 
and
    (3) Owns and operates his or her own communications equipment in 
the facility for personal or commercial purposes.
    Grant means an authorization or instrument (e.g., lease) 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.
    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 BLM charges, a tenant's 
use does not include:
    (1) Private mobile radio or internal microwave use that is not 
being sold; or
    (2) A use in the category of ``Other Communications Uses'' (see 
paragraph (13) 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.

[[Page 67342]]

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 factors the BLM considers 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 Standard Form 299, available 
from any BLM office or at https://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 grant?

    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 
rights-of-way, including communications uses on public lands;
    (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, 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, 
charge reasonable fees for such use. If your authorization does not 
specifically authorize subleasing, you may not let anyone else 
collocate within or on your facilities;
    (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. 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 
of this subpart.
    (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.

[[Page 67343]]

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 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 may 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 may revoke your existing waiver of rent if the BLM 
determines that you no longer meet the criteria above for a waiver.

Communications Uses Rental


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, Room 5647, 
Washington, DC 20240. We also post the current communications use rent 
schedule at https://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 we normally grant 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 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 of this subpart) 
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 it 25 percent of the rent from the rent schedule for all 
tenant uses in the facility or facilities, if a tenant use is not 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 of this subpart).
    (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 of this subpart. The BLM will also exclude those uses exempted 
from rent by Sec.  2866.14 of this subpart, and any uses whose rent has 
been waived or reduced to zero as described in Sec.  2866.15 of this 
subpart.
    (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. We require 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 of this 
subpart) 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

[[Page 67344]]

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) located at one site to serve the same RMA or community. 
However, 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. The BLM has the 
sole responsibility to make this determination. 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 their rent as described in Sec.  2866.30 of this subpart.
    (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 of this subpart) 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 this 
subpart) 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 this subpart) of a customer or tenant if they 
choose to hold their own grant (see Sec.  2866.36 of this subpart) or 
are occupants in a Federal facility (see Sec.  2866.42(a) of this 
subpart);
    (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 of this subpart), 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 of this 
subpart);
    (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) of this part) 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 of this subpart), 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 of this subpart to calculate rent for a grant involving these 
uses. However, we include 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) of this subpart) 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

[[Page 67345]]

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.


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 we 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 of this 
subpart to calculate rent for a grant involving a facility manager's 
use. However, we include 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) of this subpart) 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 of this part), 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 of this subpart, 
occupants do not need a separate BLM grant, and the BLM will calculate 
and charge rent to the Federal facility owner under Sec.  2866.30 
through Sec.  2866.43 of this subpart.


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, we use the 
provisions in Sec.  2806.70 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. We 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.
    (b) 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 of this subpart.
    (c) 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, 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
38. 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.

[[Page 67346]]

Subpart 2881--General Information

0
39. 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
* * * * *
0
40. Amend Sec.  2881.5 by:
0
a. Adding the terms ``complete application,'' ``cost recovery,'' and 
``exempt from rent'';
0
b. Removing the term ``monitoring'';
0
c. Adding the terms ``monitoring activities'' and ``processing 
activities''; and
0
d. Revising the term ``substantial deviation''.
    The additions and revisions read as follows:


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

* * * * *
    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.
* * * * *
    Monitoring activities means those activities, subject to Sec.  
2886.11 of this part, the Federal Government performs to ensure 
compliance with a right-of-way grant or TUP, such as assignments, 
amendments, or renewals.
    (1) 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;
    (2) For Monitoring Category 5 (Master Agreements), monitoring 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (3) For Monitoring Category 6, monitoring activities include those 
actions or activities agreed to between the BLM and the applicant.
* * * * *
    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.
    (1) 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;
    (2) For Processing Category 5 (Master Agreements), processing 
activities include those actions or activities agreed to in the Master 
Agreement; and
    (3) For Processing Category 6, processing activities include those 
actions or activities agreed to between the BLM and the applicant.
* * * * *
    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.
* * * * *
0
41. Amend Sec.  2881.7 by revising paragraphs (a)(1) and (2) and (b)(1) 
to read as follows:


Sec.  2881.7   Scope.

    (a) * * *
    (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
42. Redesignate Sec.  2881.9 as Sec.  2881.8.
0
43. Amend Sec.  2883.14 by revising the title 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.
* * * * *
0
44. Amend Sec.  2884.11 by revising paragraph (a) and paragraph (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 and Geographic Information 
Systems (GIS) shapefiles, or equivalent format, when requested by the 
BLM;
* * * * *
0
45. 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

[[Page 67347]]

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:

              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
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, Room 5625, 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.  
2804.17, 2804.18, and 2804.19 of subpart 2804. If you disagree with the 
category that the BLM has determined for your application, you may 
appeal the decision under Sec.  2881.10 of this part. 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 of this 
part.
    (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
46. 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
47. Revise the section heading of Sec.  2884.14 to read as follows:


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

* * * * *
0
48. 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
49. Amend Sec.  2884.16 by revising paragraphs (a)(2) and (5) and 
adding a new paragraph (c) to 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;
* * * * *
    (c) If you sign a Master Agreement, you waive your right to request 
a reduction of cost recovery fees.
0
50. Amend Sec.  2884.17 by:
0
a. Revising the section heading, paragraph (a), and paragraph (b)(3);
0
b. Redesignating paragraphs (b)(4) and (5) as paragraphs (b)(5) and 
(6); and

[[Page 67348]]

0
c. Adding a new paragraph (b)(4) to 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 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
51. Amend Sec.  2884.21 by revising paragraph (c) to read as follows:


Sec.  2884.21   How will the BLM process my application?

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

----------------------------------------------------------------------------------------------------------------
           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 Master.  The BLM will process your right-of-way or
                                          Agreement..................   TUP application(s) as specified in the
                                                                        Master Agreement.
6.......................................  Over 60 calendar days......  The BLM will notify you in writing within
                                                                        the initial 60-day processing period of
                                                                        the estimated processing time.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
52. 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
53. 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) of 
this subpart, 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 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) You may withdraw your application in writing before the BLM 
issues a grant or TUP. If you do so, 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) You may relinquish your grant or TUP in writing. If you do so, 
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
54. 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 we 
notify the appropriate committees of Congress in accordance with 30 
U.S.C. 185(w).
0
55. Amend Sec.  2885.12 by revising the section heading to read as 
follows:


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

0
56. 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) We will retroactively bill for uncollected or under-collected 
rent, including late payment and administrative fees.
    * * *
    (g) We will not approve any further activities associated with your 
right-of-way until we receive any outstanding payments that are due.
0
57. Amend Sec.  2885.19 by revising paragraph (b) 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, Room 5625, Washington, DC 20240.
0
58. 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-

[[Page 67349]]

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, Room 5625, Washington, DC 20240.
0
59. Amend Sec.  2886.17 by revising paragraph (c)(2), redesignating 
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
* * * * *
0
60. 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 of this part.
* * * * *
0
61. Amend Sec.  2887.11 by adding new 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
62. Amend Sec.  2887.12 by revising paragraph (b) and adding new 
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.

PART 2920--LEASES, PERMITS AND EASEMENTS

0
63. 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
64. 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 which 
does not cause appreciable damage or disturbance to the public lands, 
their resources or improvements, and which 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 
or 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
65. 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 67350]]

    (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 paid 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
66. 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. 2022-22608 Filed 11-3-22; 11:15 am]
BILLING CODE 4310-84-P