Subpart 2801 General Information
Subpart 2802 Lands Available for Flpma Grants
Subpart 2803 Qualifications for Holding Flpma Grants
Subpart 2804 Applying for Flpma Grants
Subpart 2805 Terms and Conditions of Grants
Subpart 2806 Annual Rents and Payments
Subpart 2807 Grant Administration and Operation
Subpart 2808 Trespass
Subpart 2809 Competitive Process for Leasing Public Lands for Solar and Wind Energy Development Inside Designated Leasing Areas

Terms Used In 43 CFR Part 2800

  • Acceptable bond instruments: The BLM will accept cash, cashier's or certified check, certificate or book entry deposits, negotiable U. See 43 CFR 2801.5
  • Acreage rent: means rent assessed for solar and wind energy development grants and leases that is determined by the number of acres authorized for the grant or lease. See 43 CFR 2801.5
  • Act: means the Federal Land Policy and Management Act of 1976 (43 U. See 43 CFR 2801.5
  • Actual costs: means the financial measure of resources the Federal government expends or uses in processing a right-of-way application or in monitoring the construction, operation, and termination of a facility authorized by a grant or permit. See 43 CFR 2801.5
  • ALJ: means Administrative Law Judge. See 43 CFR 2801.5
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application filing fee: means a filing fee specific to solar and wind energy applications. See 43 CFR 2801.5
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assignment: means the transfer, in whole or in part, of any right or interest in a right-of-way grant or lease from the holder (assignor) to a subsequent party (assignee) with the BLM's written approval. See 43 CFR 2801.5
  • Base rent: means the dollar amount required from a grant or lease holder on BLM managed lands based on the communication use with the highest value in the associated facility or facilities, as calculated according to the communication use rent schedule. See 43 CFR 2801.5
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • BLM: means the Bureau of Land Management. See 43 CFR 2801.5
  • Casual use: means activities ordinarily resulting in no or negligible disturbance of the public lands, resources, or improvements. See 43 CFR 2801.5
  • 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. See 43 CFR 2801.5
  • CERCLA: means the Comprehensive Environmental Response Compensation and Liability Act (42 U. See 43 CFR 2801.5
  • Communication use rent schedule: is a schedule of rents for the following types of communication uses, including related technologies, located in a facility associated with a particular grant or lease. See 43 CFR 2801.5
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. See 43 CFR 2801.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Designated leasing area: means a parcel of land with specific boundaries identified by the BLM land use planning process as being a preferred location for solar or wind energy development that may be offered competitively. See 43 CFR 2801.5
  • Direct costs: means the expense actually expended to search, review, or duplicate in response to a FOIA request. See 21 CFR 1401.3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Duplicate: means the process of making a copy of a document. See 21 CFR 1401.3
  • EIS: means environmental impact statement. See 43 CFR 2801.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means an improvement or structure, whether existing or planned, that is or would be owned and controlled by the grant or lease holder within a right-of-way. See 43 CFR 2801.5
  • Facility manager: means a person or entity that leases space in a facility to communication users and:

    (1) Holds a communication use grant or lease. See 43 CFR 2801.5

  • Facility owner: means a person or entity that may or may not lease space in a facility to communication users and:

    (1) Holds a communication use grant or lease. See 43 CFR 2801.5

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Grant: means any authorization or instrument (e. See 43 CFR 2801.5
  • Holder: means any entity with a BLM right-of-way authorization. See 43 CFR 2801.5
  • Hours per year: means the total number of hours in a year, which, for purposes of this part, means 8,760 hours. See 43 CFR 2801.5
  • IBLA: means the Department of the Interior, Board of Land Appeals. See 43 CFR 2801.5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • IPD-GDP: means the Implicit Price Deflator, Gross Domestic Product, as published in the most recent edition of the Survey of Current Business of the Department of Commerce, Bureau of Economic Analysis. See 43 CFR 2801.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Management overhead costs: means Federal expenditures associated with a particular Federal agency's directorate. See 43 CFR 2801.5
  • Microwave: means communication uses that:

    (i) Provide long-line intrastate and interstate public telephone, television, and data transmissions. See 43 CFR 2801.5

  • Monitoring: means those actions the Federal government performs to ensure compliance with the terms, conditions, and stipulations of a grant. See 43 CFR 2801.5
  • NEPA: means the National Environmental Policy Act of 1969 (42 U. See 43 CFR 2801.5
  • Net capacity factor: means the average operational time divided by the average potential operational time of a solar or wind energy development, multiplied by the current technology efficiency rates. See 43 CFR 2801.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performance and reclamation bond: means the document provided by the holder of a right-of-way grant or lease that provides the appropriate financial guarantees, including cash, to cover potential liabilities or specific requirements identified by the BLM for the construction, operation, decommissioning, and reclamation of an authorized right-of-way on public lands. See 43 CFR 2801.5
  • Personal property: All property that is not real property.
  • Public lands: means any land and interest in land owned by the United States within the several states and administered by the Secretary of the Interior through BLM without regard to how the United States acquired ownership, except lands:

    (1) Located on the Outer Continental Shelf. See 43 CFR 2801.5

  • Rate of return: means the relationship of income (to the property owner) to revenue generated from authorized solar and wind energy development facilities based on the 10-year average of the 20-year U. See 43 CFR 2801.5
  • Release: has the meaning found at 42 U. See 43 CFR 2801.5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Request: means a letter or other written communication seeking records or information under FOIA. See 21 CFR 1401.3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Review: means the process of examining documents that are located during a search to determine if any portion should lawfully be withheld. See 21 CFR 1401.3
  • Right-of-way: means the public lands that the BLM authorizes a holder to use or occupy under a particular grant or lease. See 43 CFR 2801.5
  • RMA: means the Ranally Metro Area Population Ranking as published in the most recent edition of the Rand McNally Commercial Atlas and Marketing Guide. See 43 CFR 2801.5
  • Search: means to review, manually or by automated means, agency records for the purpose of locating those records responsive to a request. See 21 CFR 1401.3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Short-term right-of-way grant: means any grant issued for a term of 3 years or less for such uses as storage sites, construction areas, and site testing and monitoring activities, including site characterization studies and environmental monitoring. See 43 CFR 2801.5
  • Site: means an area, such as a mountaintop, where a holder locates one or more communication or other right-of-way facilities. See 43 CFR 2801.5
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial deviation: means a change in the authorized location or use which requires:

    (1) Construction or use outside the boundaries of the right-of-way. See 43 CFR 2801.5

  • Television broadcast: means a use that broadcasts UHF and VHF audio and video signals for general public reception. See 43 CFR 2801.5
  • 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. See 43 CFR 2801.5
  • Terms: As used in this part, the term:

    Acreage rent means rent assessed for solar and wind energy development grants and leases that is determined by the number of acres authorized for the grant or lease. See 43 CFR 2801.5

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party: means any person or entity other than BLM, the applicant, or the holder of a right-of-way authorization. See 43 CFR 2801.5
  • Transportation and utility corridor: means a parcel of land, without fixed limits or boundaries, that holders use as the location for one or more transportation or utility rights-of-way. See 43 CFR 2801.5
  • Verdict: The decision of a petit jury or a judge.
  • Zone: means one of eight geographic groupings necessary for linear right-of-way rent assessment purposes, covering all lands in the contiguous United States. See 43 CFR 2801.5