Calendar Year 2018 Right-of-Way Cost Recovery Fee Schedule and Strict Liability Amount
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
September 14, 2017
In Reply Refer To:
2800/2880/2920 (301) P
EMS TRANSMISSION 09/29/2017
Instruction Memorandum No. 2017-111
Expires: 09/30/2020
To: All Field Office Officials
From: Assistant Director, Energy, Minerals, and Realty Management
Subject: Calendar Year 2018 Right-of-Way Cost Recovery Fee Schedule and Strict Liability Amount
Program Area: Rights-of-Way Management and Land Use Authorization Management.
Purpose: This Instruction Memorandum (IM) transmits the Bureau of Land Management (BLM) Calendar Year (CY) 2018 Cost Recovery Processing and Monitoring Fee Schedule (Attachment 1) and updates the strict liability amounts for CY 2018. The BLM updates the cost recovery fees annually in accordance with the right-of-way (ROW) regulations. All BLM field offices must use the new cost recovery fees for the processing of applications and monitoring of grants and land use authorizations pursuant to the Federal Land Policy and Management Act (FLPMA) and Mineral Leasing Act (MLA). Separate decisions are necessary to determine the appropriate cost recovery category for processing actions and the appropriate category for monitoring actions. The BLM also updates strict liability amounts annually in accordance with the ROW regulations.
Policy/Action: The ROW regulations at 43 CFR 2804.14(c), 2805.16(b), 2884.12(c), and 2885.24(b) state that the BLM will adjust cost recovery processing and monitoring fees annually based on the previous year’s change in the Implicit Price Deflator-Gross Domestic Product Index (IPD-GDP), from the second quarter of the previous year through the second quarter of the current year. The regulations at 43 CFR 2920.6(b) require the reimbursement of costs for land use authorizations using the provisions contained in the ROW regulations. The adjustment factor based on the percentage change for the IPD-GDP from the second quarter CY 2016 through the second quarter CY 2017 is 1.016.
Field offices will reproduce the schedule locally and make copies available to applicants, ROW grant holders, and other interested parties as appropriate or as requested.
In accordance with Strict Liability regulations at 43 CFR 2807.12 (b)(3) and 43 CFR 2886.13(b)(3), the updated maximum amount for CY 2018 is $2,585,000. This reflects the Consumer Price Index-Urban increase of 1.73 percent for the period of July 2016 through July 2017.
Timeframe: This IM is effective January 1, 2018.
Budget Impact: The application of this policy will have no impact on the budget. This increase is intended to be budget-neutral.
Background:
Cost Recovery: Both the 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 and the subsequent monitoring when the authorization is issued. The ROW regulations at 43 CFR 2804.14(a), 2805.16(a), 2884.12(a) and 2885.24(a) established a cost recovery processing and monitoring fee schedule that became effective June 21, 2005. The BLM updates this schedule annually as described above. The CY 2018 Cost Recovery Processing and Monitoring Fee Schedule is attached. In addition, the processing and monitoring project codes established by Washington Office IM 2006-235, Establishment of Project Codes for Tracking Cost Recovery Fees in Subactivity 5102, must continue to be used to facilitate the appropriate tracking of bureau costs.
Strict Liability: A ROW holder is strictly liable for any activity or facility associated with their ROW area that the BLM determines presents a foreseeable hazard or risk of damage or injury to the United States. The BLM will specify in the grant any activities or facility posing such hazard or risk and the financial limitations on damages commensurate with such hazard or risk (43 CFR 2807.12(b) and 2886.13(b)). The BLM updates this amount each year to account for “changes in the Consumer Price Index for All Urban Consumers, US City Average as of July of each year” (43 CFR 2807.12(b)(3) and 2886.13(b)(3)).
Manual/Handbook Sections Affected: This IM affects BLM Manual Section 2800 and 2880 Rights-of-Way. The BLM will include this interim policy when next revised.
Coordination: The National Renewable Energy and Rights-of-Way Coordination Office (WO-301) coordinated preparation of this IM with the Division of Lands, Realty and Cadastral Survey (WO-350).
Contact: If you have any questions concerning the content of this IM, please contact me at 202-208-4201, or your staff may contact Robert Jolley, Division Chief, Lands, Realty and Cadastral Survey (WO-350) at 202-912-7350 or rbjolley@blm.gov; Stephen Fusilier, Acting Chief, National Renewable Energy and Rights-of-Way Coordination Office (WO-301) at 202-912-7148 or sfusilie@blm.gov; or Erica Pionke, Realty Specialist (WO-301) at 202-912-7219 or epionke@blm.gov.
Signed by: Authenticated by:
Timothy R. Spisak Robert M. Williams
Acting, Assistant Director Division of IT Policy and Planning,WO-870
Energy, Minerals, and Realty Management
1 Attachment
1 - Calendar Year 2018 Cost Recovery Processing and Monitoring Fee Schedule (1 p)