Calendar Year 2025 Right-of-Way and Land Use Authorization Cost Recovery Fee Schedule and Strict Liability Amount

Cost Recovery:  Both FLPMA and the MLA authorize the BLM to collect fees in advance for administrative and other costs incurred in processing applications for use of public lands and the subsequent monitoring of issued authorizations.  The ROW regulations at 43 CFR 2804.14, 2805.16, 2884.12, and 2885.24 established a cost recovery fee schedule for processing and monitoring that became effective June 21, 2005, the regulations were amended by a rule promulgated April 12, 2024, and that went into effect on May 13, 2024, establishing new cost recovery schedules based on federal time used to process applications or monitor land use authorizations.  The schedule is updated annually as described above.  The CY 2025 Cost Recovery Fee Schedule is attached.   

Strict Liability:  A ROW holder is strictly liable up to a certain maximum amount for damages associated with any activity or facility associated with their ROW area that the BLM has determined presents a foreseeable hazard or risk of damage or injury to the United States.  The BLM will specify, in the grant, any activities or facilities posing such hazard or risk and the financial limitations on strict liability damages commensurate with such hazard or risk (43 CFR 2807.12(b) and 2886.13(b)).  The BLM updates the maximum amount of a ROW holder’s potential strict liability each year to account for “changes in the Consumer Price Index for All Urban Consumers, U.S. City Average as of July of each year” (43 CFR 2807.12(b)(3) and 2886.13(b)(3)).