The Bureau of Land Management Alaska (BLM) will provide the opportunity for the public to elect to pay actual costs associated with the processing of applications for land use authorizations.

IM-AK-2014-010
Instruction Memorandum

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Alaska State Office
222 West Seventh Avenue, #13
Anchorage, Alaska 99513-7504
http://www.blm.gov

In Reply Refer To:
2800, 2900 (940) P

April 10, 2014

Instruction Memorandum No. 2014-010

Expires: 09/30/2015

To: District and Field Managers

From: State Director

Subject: The Bureau of Land Management Alaska (BLM) will provide the opportunity for the public to elect to pay actual costs associated with the processing of applications for land use authorizations.

Program Area: Lands and Realty

Purpose: This Instruction Memorandum (IM) contains the guidance to inform applicants that they may elect to pay actual costs associated with the processing of their land use authorization application. Electing to pay actual costs will enable BLM to process the application in a timely manner.

Policy/Action: Effective immediately BLM Alaska will inform applicants that they may elect to pay full and actual costs of the processing, monitoring, construction, operation and termination of facilities and activities authorized through rights-of-way, leases, permits and easements. Actual costs are defined in 43CFR 2801.15(b) and include both direct and indirect costs exclusive of management overhead costs. BLM will estimate the costs and provide the applicant notice in writing of its fee determination in keeping with the guidance found in 43CFR 2804.20. Should the applicant choose not to pay the actual costs of processing an application BLM will inform the applicant in writing, using the “29 Day Letter,” that BLM is unable to process the application at this time. This letter should include a statement that “Based on the uncertainty of the Federal budget the BLM will continually evaluate its Realty program funding and determine if funding to process the application is available at that time.”

Activities associated with the renewal or assignment of existing authorizations are exempt from this policy and will continue to be processed using the existing fee schedules at a pace commensurate with the available funding. Other requests for an exemption from the payment of actual costs of processing, monitoring, construction, operation and termination will be considered by the appropriate District Manager on a case by case basis.  BLM will continue to complete compliance examinations on granted rights -of-way, leases and permits using existing funding. Every effort should be made to reduce these costs by combining multiple compliance examinations into a single trip or by providing the information necessary to complete the compliance examination to a member of the office staff who is traveling to the location for a separate purpose.

The exemption from paying processing and monitoring fees found in 43 CFR 2804.16 continues to be in effect. BLM will continue to process these applications as funding allows.

This change effects the reportable units for the offices and it is understood that the result will be the reduction of 1430 and 5102 units of accomplishment and an increase in the units of accomplishment associated with 5101.

BLM Alaska will continue to actively pursue the resolution and abatement of trespass.

Timeframe: Immediately through September 30, 2015.

Budget Impact: There are minimal budget impacts associated with the payment of actual costs to process applications. There will be an increased workload associated with the cost recovery record keeping that should be offset with the revenue generated.

Background: BLM –Alaska faces a significant, continuing budget reduction associated with its Lands and Realty activities (L14300000). 43 CFR 2804.22 provides the guidance for BLM to defer processing an application until funds become available or the applicant elects to pay full actual costs as referenced in 43 CFR 2804.14(f). The recovery of the actual costs of processing, monitoring, construction, operation, and termination of a facility authorized by grant or permit, lease or easement will offset the program’s reduction in budget and in doing so serve to expedite the application processing.

Manual/Handbook Sections Affected: The policy transmitted by this IM supplements the guidance found in BLM Manuals 2800 and 2920.

Coordination: This message has been developed by the Alaska State Office Division of Lands and Cadastral and communicated throughout its development with the District and Field Offices.

Contact: For information please contact Robert L. Lloyd, Branch Chief, Lands and Realty at 907-271-4682.

Signed by:
Ted Murphy
Alaska State Director (Acting)

Authenticated by:
Anita R. Jette
Records Specialist

Office

Alaska State Office

Fiscal Year

2014