Calendar Year (CY) 2009 Right-of-Way (ROW) Cost Recovery Fee Schedule

UNITED STATES DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENTWASHINGTON, D.C.  20240 October 16, 2008 In Reply Refer To:2800 (350) P EMS TRANSMISSION 10/22/2008Instruction Memorandum No. 2009-008Expires:  9/30/2010 To:                 All Field Officials                                 From:             Assistant Director, Minerals and Realty ManagementSubject:         Calendar Year (CY) 2009 Right-of-Way (ROW) Cost Recovery Fee ScheduleProgram Area:  Right-of-Way ManagementPurpose:  This Instruction Memorandum (IM) provides the Bureau of Land Management (BLM) with the CY 2009 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.  Separate decisions are necessary to determine the correct cost recovery category for processing actions and the correct category for monitoring actions.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 year’s change in the Implicit Price Deflator-Gross Domestic Product Index (IPD-GDP), up 1.9 percent from the second quarter of 2007 to the second quarter of 2008.Field offices will reproduce the schedule locally and make copies 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/wo/st/en/prog/more/lands.html. Timeframe:  Effective January 1, 2009.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.  The ROW regulations at 43 CFR 2804.14(a), 2805.16(a), 2884.12(c), and 2885.23(b) established a cost recovery processing and monitoring fee schedule that became effective on June 21, 2005.  This schedule is updated annually as described above.  The CY 2009 Cost Recovery Processing and Monitoring Fee Schedule is attached.  In addition, please remember to use the correct processing and monitoring project codes as established by WO-IM-2006-235. 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:  If you have any questions concerning the content of this IM, please contact me at (202) 208-4201 or your staff may contact Rick Stamm, Washington Office Division of Lands, Realty and Cadastral Survey (WO-350), at 202-452-5185 or rick_stamm@blm.gov.  Signed by:                                                                   Authenticated by:Ray Brady                                                                   Robert M. WilliamsActing, Assistant Director                                          Division of IRM Governance,WO-560Minerals and Realty Management  1 Attachment    1 - ROW Processing and Monitoring Fee Schedule for FLPMA and MLA - CY 2009 (1 p)