Calendar Year 2025 Communications Uses Rental Fee Schedule and Listing of Cities by Population Strata
National Headquarters
Washington, DC 20240
United States
This Instruction Memorandum (IM) provides the Bureau of Land Management (BLM) with the new Communications Uses Rental Fee Schedule (Attachment 1) and Listing of Cities by Population Strata (Attachment 2) for Calendar Year 2025 (CY25). This IM also provides guidance consistent with 43 CFR 2866.15(b)(3) to BLM Field Offices that may be working with a right-of-way (ROW) holder seeking relief from undue hardship caused by zone reassignments or zone value change.
Mission
The BLM realty staff will use the attached CY25 Communications Site Rental Fee Schedule (rent schedule) and CY25 Listing of Cities by Population Strata to determine the rent for communications uses under 43 CFR 2866.30(a)(1) and 2866.31.
Regulations governing rental calculation can be found at 43 CFR 2866.23 through 2866.44. Under those regulations, the realty staff will calculate the initial rent by determining the population served, and the type of communications use or uses initially identified on the ROW grant or communications use lease document. Subsequent rental determinations will be determined based on the holder’s annual inventory certification submission. If the authorization is less than 12 months, then the realty staff will prorate the rent using a part-year factor. Uses not covered by the schedule are identified at 43 CFR 2866.30(b). If the authorization is issued between October 1 and December 31, the realty staff will calculate rent for the first partial year, calculate the subsequent year’s rent using the subsequent year’s schedule, and collect for both years in the offer letter. If the authorization is issued between January 1 and September 30, the realty staff will calculate rent for the first partial year only.
The BLM must document in the case file a description of how the rent was determined and should clearly explain how rent was established in decisions issued to the holder. Realty staff must enter the rent determination in the Mineral and Lands Records System (MLRS) by using Action Code “Rental Rate Determined or Adjusted.” The decision for the rental rate determined date is the same date as the authorization issued for the action date. In the action remarks column, the rent amount must be entered (i.e., $375.64;) and the term must be entered after the semi-colon (i.e., 6MOS). The BLM State Offices provide guidance on how to generate the initial Courtesy Statement for the initial rent and generate Accounts Receivable for subsequent bills.
Delegated authority to waive or reduce rent resides with the BLM State Director. Field offices shall provide guidance consistent with 43 CFR 2866.15(b)(3) to any ROW holder seeking relief from hardship caused by zone reassignments or zone value change.
This rent schedule is publicly available. Field offices will reproduce the schedule locally and make copies available to ROW and Land Use Permit applicants and other interested parties as appropriate or as requested. The current schedule can be found at www.blm.gov.
This schedule is not applicable to linear communications use facilities, for which rent is calculated as provided in 43 CFR 2806.23.
A ROW holder has the right to appeal a rental decision in accordance with 43 CFR 4.
This IM is effective January 1, 2025.
The application of this policy will have no impact on the budget.
Section 504(g) of the Federal Land Policy and Management Act of 1976 states, “The holder of a right-of-way shall pay in advance the fair market value thereof, as determined by the Secretary granting, issuing, or renewing such right-of-way.”
The BLM uses a rent schedule to calculate the rent for communications uses. The schedule is based on population strata (the population served), as depicted in the most recent version of the Ranally Metro Area (RMA) Population Ranking, and the type of communications use or uses for which the BLM normally grants communication site rights-of-way. These uses are listed as part of the definition of “communications uses rent schedule,” set out at 43 CFR 2861.5. The BLM updates the schedule annually based on the U.S. Department of Labor Consumer Price Index for All Urban Consumers, U.S. City Average (CPI-U), as of July of each year (difference in CPI-U from July of one year to July of the following year), and the RMA population rankings. The BLM limits the annual adjustment to no more than five (5) percent. The BLM reviews the resulting rent schedule to ensure that the schedule reflects fair market value.
This IM is consistent with Communication Site Right-of-Way Handbook (BLM Manual Handbook H-2860-1, Rel. 2-268).
If you have any questions concerning the content of this IM, please contact Stephen Fusilier, Branch Chief, Rights-of-Way, at 202-309-3209 or sfusilie@blm.gov or Kerri-Anne Thorpe, Communication Uses and Hydropower Program Lead at 720-576-0799 or kthorpe@blm.gov.
The Division of Lands, Realty and Cadastral Survey (HQ-350) coordinated preparation of this IM with the Department of the Interior’s Office of the Solicitor and the U.S. Forest Service.