Early Renewal for Solar and Wind Rights-of-Way Authorizations

This information bulletin disseminates information to support the consistent implementation of provisions in the updated regulations “Rights-of-Way, Leasing, and Operations for Renewable Energy” (89 FR 35634), effective July 1, 2024, as outlined in 43 CFR 2807.22.

Under Title V of the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has the authority to grant, issue, or renew rights-of-way (ROW) on public lands for systems for generation, transmission, and distribution of electric energy. The BLM must receive an application to renew a ROW, or a request to renew if your ROW specifies the renewal terms and conditions, at least 120 days before the ROW expires, as specified in 43 CFR 2807.22. Generally, applications and requests to renew a ROW are received 120 to 180 days before a ROW expires. The BLM may process an application to renew prior to 180 days before the ROW expiration as an early renewal. The BLM will determine the applicable terms and conditions of any renewed ROW, including those under the updated regulations when renewing the ROW.

The BLM will use its discretion in authorizing an early renewal for a ROW, well in advance of its expiration, if there is a compelling reason. Early renewal may be appropriate in the following examples, but not limited to:

1. Amendments: When the BLM is considering an amendment to the ROW, such as when a solar and wind energy development ROW holder intends to substantially modify or repower an existing project, necessitating an extension of the ROW term to accommodate the lifespan of new equipment.

2. Contractual Agreements: When contractual agreements for the ROW, such as a power purchase agreement, necessitate early action and the contractual agreement’s term extends beyond the initial term of the ROW.

Conversely, early renewal may not be in the public interest in the following instances:

1. Holder Preference: When the request for renewal is predominately or solely to accommodate the preferences of the ROW holder.

2. Profit-driven Reasons: When the request for renewal is only to secure a more profitable rent or fee rate for a period that extends beyond the current term of the ROW.

The BLM office responsible for reviewing applications and evaluating requests to renew must carefully assess and document the holder's application or justification for early renewal to ensure it serves a public purpose.

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.