BLM Seeks Public Input on Regulatory Efforts
to Update Linear Rights-of-Way Rental Payment Schedule
In an Advance Notice of Proposed Rulemaking published in today’s Federal
Register, the Bureau of Land Management announced that it is seeking
public input on proposed regulations relating to the fee schedule for
linear rights-of-way (ROW) across public lands managed by the agency.
“We invite the public to comment on this important issue
so that proposed future rental fees accurately reflect fair market value,
as required by law,” said Thomas Lonnie, BLM Assistant Director
for Minerals, Realty and Resource Protection.
The rental schedule enables the BLM to use a formula to calculate the
annual fair market rental for more than 48,000 ROWs crossing public lands,
including pipelines; systems for generation or transmission of electrical
energy; roads; and other linear facilities. The current rental
schedule, which was first implemented in 1987, covers most linear rights-of-way
granted under both the Mineral Leasing Act of 1920 and the Federal Land
Policy and Management Act of 1976. Changes in land values since
1987 could result in changes to the current rental schedule and affect
rental fees of individual ROW holders.
Specifically, the BLM is seeking comments from the public on:
- what available information the BLM should use to update the rental
schedule’s zone values;
- which components of the rental schedule formula should be changed;
- what provisions the new schedule should have for relief from large,
unexpected increases in individual rental payments; and
- whether the new regulations should apply to BLM lands in Alaska.
(More information about the BLM’s ROW program can be found at: http://www.blm.gov/nhp/what/lands/realty/rowcr/general.htm)
The Advance Notice of Proposed Rulemaking is based on direction from
Congress, as set forth in the Energy Policy Act of 2005. Section
367 of this law, which applies to both the BLM and the Forest Service
(which manages National Forest System lands), requires an update of the
existing per-acre rental fee-zone values by state, county, and type of
linear right-of-way use to reflect current land values in each zone. Any
new BLM regulations would likely be phased in and would ensure a fair,
consistent, and cost-effective mechanism for determining annual ROW rental
payments. Comments provided in response to the Advance Notice will
be considered in the development of a future proposed rule for additional
public comment, and ultimately in the completion of a final rule.
Written comments on the Advance Notice may be submitted by any of the
following methods: regular mail to Director (630), Bureau of Land
Management, Administrative Record, Room 401 LS, Eastern States Office,
7450 Boston Boulevard, Springfield, Virginia 22153; personal or messenger
delivery to Room 401, 1620 L Street, NW, Washington, DC 20036; e-mail
to the Federal eRulemaking Portal at http://www.regulations.gov;
or e-mail to comments_washington@blm.gov (include “Attn:
RIN 1004-AD87”).
The BLM manages more land – 261 million surface acres – than
any other Federal agency. With a budget of about $1.8 billion,
the Bureau also administers 700 million acres of sub-surface mineral
estate throughout the United States. As the steward of numerous
energy resources, the BLM carries out a multiple-use mission, one that
sustains the health and productivity of the public lands for present
and future generations.
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