Calendar Year (CY) 2008 Right-of-Way (ROW) Cost Recovery Fee Schedule

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Washington, D.C. 20240

December 5, 2007

In Reply Refer To:
2800 (350) P

EMS TRANSMISSION 12/07/2007
Instruction Memorandum No. 2008-038
Expires: 09/30/2009

To: All Field Officials

From: Assistant Director, Minerals, Realty and Resource Protection

Subject: Calendar Year (CY) 2008 Right-of-Way (ROW) Cost Recovery Fee Schedule

Program Area: Right-of-Way Management

Purpose: This Instruction Memorandum (IM) provides the Bureau of Land Management (BLM) with the CY 2008 Cost Recovery Processing and Monitoring fee schedule (Attachment 1). The cost recovery fees are updated annually in accordance with the ROW regulations and shall be used for processing and monitoring of Federal Land Policy and Management Act (FLPMA) and Mineral Leasing Act (MLA) ROWs.

Policy/Action: The ROW regulations at 43 CFR 2804.14(c), 2805.16(b), 2884.12(c) and 2885.23(b) state that cost recovery processing and monitoring fees will be adjusted annually based on the previous years change in the Implicit Price Deflator-Gross Domestic Product Index, up 3.1 percent from the second quarter of 2006 to the second quarter of 2007.

Field Offices should reproduce the schedule locally and copies made available to applicants or ROW grant holders as appropriate or as requested. The cost recovery fee schedule will also be posted on the BLM external web site under the ROW section of the Lands, Realty, and Cadastral Survey page at: http://www.blm.gov/nhp/what/lands/realty/row.htm. Additional information regarding obtaining a ROW from BLM can be found at the following web site: http://www.blm.gov/nhp/what/lands/realty/rowcr/.

Timeframe: Effective January 1, 2008.

Budget Impact: It is expected that there will be a decrease in the use of Subactivity 1430 and 1492 funds for processing and monitoring activities relating to ROWs.

Background: Both the FLPMA and MLA authorize the BLM to collect fees in advance for the administrative and other costs incurred in processing applications for use of public lands and the subsequent monitoring when an authorization is issued. In July 1987, the BLM initially published ROW cost recovery regulations and began collecting processing and monitoring fees.

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On April 22, 2005, the final rule was published in the Federal Register amending the BLM’s ROW regulations. The revised ROW regulations became effective June 21, 2005. The rule updated cost recovery fees, thereby making the processing and monitoring fee schedules the same for FLPMA and MLA applications and authorizations. It simplified the way processing and monitoring fee categories are defined by the estimated range of Federal work hours necessary to process applications or monitor grants.

Manual/Handbook Sections Affected: This IM affects BLM Manual 2800 Rights-of-Way and 2880 Oil and Natural Gas Pipelines.

Coordination: This IM was coordinated through the BLM State Office Lands Program coordinators.

Contact: Any questions concerning the content in this IM should be directed to Rick Stamm, Washington Office Division of Lands, Realty, and Cadastral Survey (WO-350), at (202) 452-5185 or email at rick_stamm@blm.gov.

Signed by:
Authenticated by:
Michael D. Nedd
Robert M. Williams
Assistant Director
Division of IRM Governance,WO-560
Minerals, Realty and Resource Protection

1 Attachment
1 - ROW Processing and Monitoring Fee Schedule for FLPMA and MLA - CY 2008 (1 p)