Rights-of-Way Authorization Term Lengths for Energy Generation Facilities, Energy Storage Facilities, and Transmission Line with capacity of 100 kilovolts or more

This Information Bulletin (IB) disseminates information to support the consistent implementation of provisions under updated regulations “Rights-of-Way, Leasing, and Operations for Renewable Energy” (89 FR 35634), effective July 1, 2024.  43 CFR 2805.11(c).

Under Title V of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) has the authority to issue rights-of-way (ROW) on public lands for systems for generation, transmission, and distribution of electric energy. Pursuant to the FLPMA and updated regulations at 43 CFR 2805.11, the BLM may choose to authorize up to 50 years ROWs for solar or wind energy development facilities, energy storage facilities which are separate from solar or wind energy development facilities, and electric transmission lines with capacity of 100 kilovolts or more.

The term of the ROW grant should be reasonably appropriate for the facility being authorized considering the relevant factors warranting the term length, such as the cost of the facility (e.g., financing and purchase agreements), its useful life (e.g., equipment lifespan), the public purposes it may serve, and other public interests that would favor a term length of up to 50 years, including appropriate mitigation and reclamation bond to adequately cover the term of the ROW.

If you have any questions concerning the content of this IB, please contact Jayme Lopez, Interagency Coordination Liaison for the National Renewable Energy Coordination Office at 520-235-4581 or j06lopez@blm.gov.