The Bureau of Land Management NEWS |
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The Bureau of Land Management NEWS |
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Last updated: 04/04/03
FACT SHEETBureau of Land Management Proposed Rule:
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The BLM issues right-of-way grants to Federal and non-Federal entities, including individuals, to construct facilities such as power lines, roads, telephone lines, including cellular phone and fiber optic cables, communication sites and reservoirs, across public lands under BLM jurisdiction. The BLM processes between 3,000 and 4,000 right-of-way actions each year, including new, amended and renewal requests. Currently, the BLM oversees 87,511 right-of-way grants in the western States of Alaska, Arizona, California, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah and Wyoming and 63 grants east of and adjoining the Mississippi River.
On June 15, 1999, the Bureau of Land Management (BLM) published a proposed rule to provide for improved administration of the right-of-way program by increasing processing fees, clarifying certain procedures and implementing a provision of the Omnibus Parks and Public Lands Management Act.
The proposed rule would:
More about fee increases. Processing fees for the right-of-way program have not increased since July 1987, when the current cost recovery fees went into effect. Fees would increase from $90 to $200 for processing FLPMA applications, from $15 to $400 for processing MLA applications, from $30 to $130 for monitoring FLPMA grants and from $45 to $255 for monitoring MLA grants. Internal studies and an Inspector General audit in 1996 determined that BLM is losing money when processing and monitoring right-of-way grants. The IG audit determined that BLM lost $640,000 in 1996 alone.
More about the clarifications made to the communication site rule. The previous changes to the communication site rules caused considerable controversy, leading at least one group to request that the Secretary withdraw the rule. Instead of withdrawing the rule, BLM delayed implementing it until January 1997, during which time it trained field personnel in calculating rents under the schedule.
More about restricting the rule exemption. The proposed rule would restrict the statutory exemption from paying rent to non-profit rural electric and telephone cooperatives eligible for financing under the Rural Electrification Act (REA). This is more restrictive than the language under the Omnibus Parks and Public Lands Management Act of 1996, which extended the rent exemption to facilities eligible for REA financing. The restriction tracks with the intent of Congressman Don Young of Alaska, chairman of the House Resources Committee. Chairman Young stated that the intent of that statutory provision was to exempt facilities built by non-profit, rural electric and telephone cooperatives from having to pay rents under FLPMA, although the Parks Act does not single out these groups. The broader interpretation and the plain language of the Act includes facilities owned by large national and multi-national corporations, a few of whom have expressed interest in the provision. The proposed rule provides for a comment period from June 15, 1999 to October 13, 1999. A copy of the proposed rule may be obtained by locating a copy of the June 15, 1999 Federal Register, which is available at BLM offices and many libraries, from the BLM Internet website, from the Federal Register website, or from one of the contacts listed below.
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