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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104889-104890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30400]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2800

[PO #4820000251]
RIN 1004-AE78

Rights-of-Way, Leasing, and Operations for Renewable Energy; 
Technical Corrections

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule; technical corrections.

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SUMMARY: The Bureau of Land Management (BLM) is making technical 
corrections to regulations that published in the Federal Register on 
May 1, 2024 (final rule).

DATES: Effective on December 26, 2024.

FOR FURTHER INFORMATION CONTACT: Jayme Lopez, Interagency Coordination 
Liaison, by phone at (520) 235-4581, or by email at [email protected] for 
information relating to the BLM Renewable Energy programs and 
information about the final rule. Please use ``RIN 1004-AE78'' in the 
subject line.
    Individuals in the United States who are deaf, deafblind, 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: BLM published FR Doc. 2024-08099, beginning 
on page 35634 in the Federal Register of May 1, 2024.
    Subsequently, BLM published a correction to the final rule on June 
28, 2024 (89 FR 53869), correcting its instructions for 43 CFRs 2801.5 
to clarify the addition of the term ``Megawatt hour (MWh) rate'' 
instead of revising the term ``Megawatt hour (MWh) rate.'' However, the 
instructions were not updated to remove the conflicting term ``Megawatt 
rate,'' which is no longer necessary with the changes in the final 
rule. This correcting amendment removes the term ``Megawatt rate'' from 
Sec.  2801.5(b).
    Section 2803.10 of the final rule did not include the change to the 
title adding the words ``or lease'' as intended with the publication of 
the final rule. This correcting amendment revises the section title to 
read as, ``Who may hold a grant or lease?''
    Section 2804.12 in the final rule did not include the title to 
paragraph (j) intended for reader clarity. This correcting amendment 
revises paragraph (j) adding the intended title, ``Complete 
applications:'' to the paragraph.
    In the final rule, Sec.  2806.51(a) was not updated consistent with 
the changes of the final rule and incorrectly left regulatory text that 
directed readers to sections of the rule that are specific to the 2016 
rule and are now incorrect and inaccurate and no longer able to be 
implemented. This correcting amendment revises paragraph (a) to retain 
the first sentence of paragraph (a) with slight revisions using the 
terminology of the final rule. The second and third sentences of 
paragraph (a) direct readers to the standard rate adjustment method and 
the scheduled rate adjustment method which are no longer available and 
were removed with the final rule.
    In the final rule, instruction 28 specified Sec.  2806.52(a) 
through (c) were being revised without correctly identifying the 
removal of Sec.  2806.52(d). Section 2806.52(d) includes regulatory 
citations specific to the 2016 final rule that are now incorrect and 
inaccurate and no longer able to be implemented. This correcting 
amendment removes Sec.  2806.52(d).
    BLM also corrects Sec.  2809.15(d)(2) by removing the colon at the 
end of the paragraph and adding a semicolon in its place.
    Sections 2807.17 and 2807.20 of the final rule did not include the 
intended addition ``or lease'' in the titles. These section titles are 
revised to include the missing text to now read as, ``Sec.  2807.17 
Under what conditions may BLM suspend or terminate my grant or lease?'' 
and ``Sec.  2807.20 When must I amend my application, seek an amendment 
of my grant or lease, or obtain a new grant or lease?''
    Sections 2809.13 and 2809.17 of the final rule did not include the 
intended section title revisions to change ``offers'' to read as 
``processes,'' consistent with the changes in the regulatory text. 
These correcting amendments change the titles to read as ``Sec.  
2809.13 How will the BLM conduct competitive processes?'' and ``Sec.  
2809.17 Will the BLM ever reject bids or re-conduct a competitive 
process?''
    In the final rule, the title to Sec.  2809.18 was intended to 
include the addition to the section title ``solar and wind energy 
development,'' consistent with the new definition of ``solar and wind 
energy development'' added to the final rule. The section now reads as, 
``What terms and conditions apply to a solar and wind energy 
development lease?'' Additionally, the regulatory reference in 
paragraph (a) should direct readers to Sec.  2805.11(c), not 
2805.11(b), for the term of a solar and wind energy development lease. 
Paragraph (a) is revised, correcting the regulatory reference to read 
as Sec.  2805.11(c).

List of Subjects in 43 CFR Part 2800

    Electric power, Highways and roads, Penalties, Public lands and 
rights-of-way, Reporting and recordkeeping requirements.
    Accordingly, for the reasons stated in the preamble, the BLM 
corrects 43 CFR part 2800 by making the following technical 
corrections:

[[Page 104890]]

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, 1764, and 3003.

Sec.  2801.5  [Amended]

0
2. Amend Sec.  2801.5 in paragraph (b) by removing the term ``Megawatt 
rate''.

0
3. Amend Sec.  2803.10 by revising the heading to read as follows:

Sec.  2803.10  Who may hold a grant or lease?

* * * * *

0
4. Amend Sec.  2804.12 by revising paragraph (j) to reads as follows:

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

* * * * *
    (j) Complete applications: Your application will not be complete 
until you have met or addressed the requirements of this section to the 
satisfaction of the BLM. The BLM will notify you in writing when your 
application is complete.

0
5. Amend Sec.  2806.51 by revising paragraph (a) to read as follows:

Sec.  2806.51  Grant and lease rate adjustments.

    (a) The BLM will adjust your acreage rent and capacity fee for the 
term of your right-of-way as described in these regulations.
* * * * *

Sec.  2806.52  [Amended]

0
6. Amend Sec.  2806.52 by removing paragraph (d).

0
7. Amend Sec.  2807.17 by revising the heading to read as follows:

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

* * * * *

0
8. Amend Sec.  2807.20 by revising the heading to read as follows:

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

* * * * *

0
9. Amend Sec.  2809.13 by revising the heading to read as follows:

Sec.  2809.13  How will the BLM conduct competitive processes?

* * * * *

0
10. Amend Sec.  2809.15 by revising paragraph (d)(2) to read as 
follows:

Sec.  2809.15  How will the BLM select the successful bidder?

* * * * *
    (d) * * *
    (2) By the close of official business hours on the day on which the 
BLM conducts the competitive process or such other time as the BLM may 
have specified in the offer notices, submit for each parcel;
* * * * *

0
11. Amend Sec.  2809.17 by revising the heading to read as follows:

Sec.  2809.17  Will the BLM ever reject bids or re-conduct a 
competitive process?

* * * * *

0
12. Amend Sec.  2809.18 by revising the heading and paragraph (a) to 
read as follows:

Sec.  2809.18  What terms and conditions apply to a solar and wind 
energy development lease?

* * * * *
    (a) Site Control. A lease provides site control to the leaseholder. 
The term of your lease will be consistent with Sec.  2805.11(c) and 
will terminate on December 31 of the final year of the lease term. You 
may submit an application for renewal under Sec.  2805.14(g). A 
leaseholder may not construct any facilities on the right-of-way until 
the BLM issues a notice to proceed or other written form of approval to 
begin surface disturbing activities.
* * * * *

Signing Authority

    This action by the Principal Deputy Assistant Secretary is taken 
pursuant to an existing delegation of authority.

Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2024-30400 Filed 12-23-24; 8:45 am]
BILLING CODE 4331-29-P
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