Can BLM issue an easement under the new rule?
Yes. BLM may issue an easement for uses authorized under an existing right-of-way grant when the lands affected by that grant are about to be transferred out of Federal ownership. In situations where only a portion of the lands involving a right-of-way grant are being transferred, an easement may only be issued for the portion of the authorized use that is on the lands to be transferred out of Federal ownership.