U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
EMS TRANSMISSION 01/26/2007
Instruction Memorandum 2007-044
To: All Field Officials
From: Assistant Director, Minerals, Realty and Resource Protection
Subject: Calendar Year (CY) 2007 Cost Recovery Fee Schedule
Program Area: Rights-of-Way (ROW) Management
Purpose: This Instruction Memorandum (IM) provides the Bureau of Land Management (BLM) with the CY 2007 Processing and Monitoring fee schedule (Attachment 1). The schedule is updated annually in accordance with the ROW regulations and shall be used when processing and monitoring Federal Land Policy and Management Act (FLPMA) and Mineral Leasing Act (MLA) ROW actions.
Policy/Action: The ROW regulations at 43 CFR 2804.14(c), 2805.16(b), 2884.12(c) and 2885.23(b) state that cost recovery processing and monitoring fees will be adjusted annually based on the previous years change in the Implicit Price Deflator-Gross Domestic Product Index (IPD-GDP). The IPD-GDP index rose 3.9 percent from the second quarter of 2005 to the second quarter of 2006.
Field Offices should reproduce the schedule locally and copies made available to applicants or ROW grant holders as appropriate or as requested. The cost recovery fee schedule will also be posted on the BLM external web site under the Rights-of-Way section of the Lands, Realty and Cadastral Survey page at: http://www.blm.gov/nhp/what/lands/realty/row.htm. Additional information regarding obtaining a ROW from BLM can be found at the following web site: http://www.blm.gov/nhp/what/lands/realty/rowcr/.
Subactivity 5102 Collections: When cost recovery fees for Categories 1 through 4 are collected, they are deposited in Subactivity 5102 at the Field Office level; however, each State Director will determine at what level these funds are expended within their administrative jurisdiction.
Subactivity 5102 Spending: Subactivity 5102 funds can be spent immediately upon collection without further appropriation. When working on ROW actions, BLM staff and management must code their time to Subactivity 5102 with the appropriate Project Code and Program Element. State Office program managers should monitor the Subactivity 5102 funds for their state, to insure the funds are being used for the purpose for which they were collected and that Subactivity 1430 and 1492 funds are not being used for actions where cost recovery fees have been collected. If an applicant for a ROW is exempt from paying processing and monitoring fees (43 CFR 2804.16), then Subactivity 1430 or 1492 would be the appropriate fund to use.
Timeframe: Effective January 1, 2007.
Background: Both FLPMA and MLA authorize the BLM to collect fees in advance for the administrative and other costs incurred in processing applications for use of public lands. On April 22, 2005, a final rule was published in the Federal Register amending the existing BLM ROW regulations. The revised ROW regulations became effective June 21, 2005. The rule updated cost recovery fees, making the processing and monitoring fee schedules the same for FLPMA and MLA applications and authorizations. It simplified the way processing and monitoring fee categories are defined by the estimated range of Federal work hours necessary to process applications or monitor grants.
Budget Impact: It is expected that there will be a decrease in the use of Subactivity 1430 and 1492 funds for processing and monitoring ROW actions. It is expected that Subactivity 5102 fees (Category 1 through 4 processing and monitoring fees) and associated project codes will be used appropriately in accordance with Instruction Memorandum No. 2006-235.
Manual/Handbook Sections Affected: This IM affects BLM Manual 2800 Rights-of-Way and 2880 Oil and Natural Gas Pipelines.
Coordination: This IM was coordinated through the BLM State Office Lands Program coordinators.
Contact: Any questions concerning the content in this IM should be directed to Rick Stamm, Washington Office Division of Lands, Realty and Cadastral Survey (WO-350), at (202) 452-5185, or email at email@example.com.