Cabezon Creek WSA, NM
BLM
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
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Rights-of-Way

Glossary


Amendments
Appeal Rights
Assignments
Communication Site Rights-of-Way Schedule Rent
Cost Recovery Fees
Customer Service Standards
Late Fees
Linear Rental Schedule
Master Agreement
Renewal
Rent
Rent Collection
Rent Payment Plan

 

Amendments: You must amend your application or seek an amendment of your grant when there is a proposed substantial deviation in location or use. The requirements to amend an application or grant are the same as those for a new application, including paying processing and monitoring fees and rent.

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Appeal Rights: Any party to a case who is adversely affected by a decision of the Bureau of Land Management has the right to appeal that decision. If your ROW application is denied, BLM will provide you with a written decision and explain the reasons for denying the ROW as well as information on how and where to file an appeal, should you so desire. Appeal rights also pertain to other decisions, such as the determination of the processing and monitoring categories.

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Assignments: With BLM's approval, you may assign, in whole or in part, any right or interest in a grant. In order to assign a grant, the proposed assignee must file an application and satisfy the same procedures and standards as for a new grant, including paying processing fees. The assignment application must also include documentation that the assignor agrees to the assignment and a signed statement that the proposed assignee agrees to comply with and be bound by the terms and conditions of the grant that is being assigned and all applicable laws and regulations.

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Communication Site Right-of-Way Rent Schedule: BLM uses the rent schedule for communication uses (found in paragraph (b) of 2806.30) to calculate the rent for communication site rights-of-way. BLM annually updates the schedule based on two sources: the U.S. Department of Labor Consumer Price Index for all Urban Consumers, U.S. City Average (CPI-U), as of July of each year and the population ranking.

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Cost Recovery Fees: Cost Recovery Fees are paid by an applicant for the costs that BLM incurs in processing an application for a right-of-way and in monitoring a grant after a right-of-way has been issued.

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Customer Service Standards: If processing a completed application (in processing categories 1-4) will take longer than 60 calendar days, BLM is required to notify the applicant in writing of this fact prior to the 30th calendar day, and inform the applicant of when they can expect a final decision on the application. BLM will make every effort to process applications for rights-of-way in a timely manner. For category 5 applications, customer service standards are agreed to in the Master Agreement. For category 6 applications, BLM will inform the applicant of the expected processing time within 60 days of receiving the completed application.

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Late Fees: The new regulations provide for a late fee of $25 or 10% of the rent owed, whichever is greater, not to exceed $500 per authorization, if BLM does not receive the rent payment within 15 calendar days after the rent is due.

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Linear Rental Schedule: Except as noted in the regulations (2806.20(c)), BLM will use the Per Acre Schedule to calculate rent for linear right-of-way. BLM updates the rent schedule each calendar year based on the previous year's change in the Implicit Price Deflator-Gross Domestic Product (IPD-GDP), as measured second quarter to second quarter.

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Master Agreement: A Master Agreement is a negotiated agreement between an applicant and BLM covering cost recovery fees for multiple BLM grant approvals within a defined geographic area. Because several applications or grants will be treated under one agreement, there should be more efficient application processing and potentially lower cost to both BLM and the applicant. To the extent that several grants in a given area will be approved at the same time under the agreement, it is possible that there will be fewer environmental impacts due to better project planning.

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Renewal: If your grant specifies that it is renewable, and you choose to renew it, you must apply to BLM to renew the grant at least 120 calendar days before your grant expires. BLM will renew the grant if you are complying with the terms, conditions, and stipulations of the grant and applicable laws and regulations. Assignments are subject to cost recovery.

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Rent: Rent is a charge for locating a right-of-way facility on public or Federal lands. It is payable for a specified term and is based on the fair market value of the rights BLM authorizes. BLM usually establishes the rent for linear and communication sites on public lands via two separate administrative schedules. Rent does not include processing or monitoring fees, and rent is not offset by such fees.

 

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Rent Collection: Holders of linear right-of-way grants will be allowed to either pay for the entire term of the grant (including grants issued in perpetuity), or to pay at ten-year intervals not to exceed the term of the grant. However, there is an exception: individuals whose annual rent exceeds $100 may pay annually or for any multi-year period.

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Rent Payment Plan: Payment plan refers to the options available to:

  • Individuals - rent $100 or less -- 10-year interval or one-time payment;
  • Individuals - rent over $100 -- annual or multi-year intervals;
  • All Others - 10-year interval or one-time payment

 

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