Solar and Wind Energy Development Rights-of-Way Re-Issuance for Rate Adjustment

This information bulletin provides guidance 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 2806.51(c). 

Pursuant to regulations at 43 CFR 2807.20(f), holders of solar or wind energy development right-of-way (ROW) authorizations issued before July 1, 2024, have the option to request the Bureau of Land Management (BLM) convert their rent and fee rates to the new methodology prescribed. This request must be received by the BLM before July 1, 2026. If a timely request is not received, the BLM will maintain the current rate methodology for the remaining term of the authorization. 

Upon receiving a written request from an existing solar or wind energy development ROW holder, the BLM will re-issue the ROW for the remainder of the existing term with the adjusted rent and fee rate methodology consistent with 43 CFR 2806.51 and 2807.20(f), and Instruction Memorandum 2024-044, without further review. This action is administrative in nature and will utilize a categorical exclusion or a determination of National Environmental Policy Act adequacy as appropriate.   

Re-issuing a ROW requires the BLM office responsible for administering the ROW to create a new offer package. This offer package will retain the existing terms, conditions, and stipulations, except for the updated rent and fee methodology for the remaining term of the ROW. Once the holder or lessee reviews and signs the ROW, the BLM will complete the re-issuance by countersigning and transmitting the fully executed ROW back to the holder. The re-issuance of the ROW does not require satisfying the conditions of Section 50625 of the Inflation Reduction Act. For information on satisfying these conditions, see Instruction Memorandum 2023-036. The BLM office responsible for administering the ROW will provide a copy of the notice to the Centralized Billing Team at the National Operations Center.