US BLM 43 CFR 2807.17: Grant Assignment & Termination Guide

Key Takeaways

• Codified under 43 CFR § 2807.17, the BLM establishes formal grounds and procedures for suspending or terminating right-of-way grants.
• Authorizes termination for statutory non-compliance, breach of grant terms and stipulations, or right-of-way abandonment.
• Codifies a statutory presumption of abandonment triggered by 5 continuous years of non-use for the intended energy purpose.
• Mandates formal written notice of non-compliance with a standard 30-day cure period prior to any final termination order.
• Prohibits grant assignment or transfer under Section 2807.21 without prior written BLM approval and full resolution of defaults.

Regulatory Framework of 43 CFR § 2807.17 and § 2807.21

Under Title 43, Part 2800, Subpart 2807 of the Code of Federal Regulations, § 2807.17 and § 2807.21 protect the integrity of public land grants while providing clear asset transfer mechanics.

For solar power plants undergoing debt refinancing, corporate acquisition, or operational repowering, these sections establish binding procedural requirements for maintaining good standing and executing valid title assignments.

Grant Administration & Transfer Compliance Matrix

The BLM administers grant compliance and transfers across key statutory benchmarks:

Asset Management Checklist for Solar Grant Holders

To maintain clean title and avoid administrative sanctions under Part 2807:

1. Monitor Cure Deadlines: Immediately address any written notice of non-compliance within the 30-day cure window under Section 2807.17(c).
2. Submit Assignment Filings Ahead of Closing: File formal assignment applications with BLM at least 90 days before intended project financing transactions.
3. Audit Grant Standing Prior to Transfer: Ensure all rent schedules, performance bonds, and cost recovery accounts are fully paid to satisfy Section 2807.21(c).