Annual Updates to Rights-of-Way and Land Use Authorization Cost Recovery Fee Schedule and Strict Liability Amount
Bureau of Land Management
National Headquarters
Washington, DC 20240
United States
2800/2860/2880/2920 (350) P
This Permanent Instruction Memorandum (PIM) establishes the process by which the Bureau of Land Management (BLM) updates its ROW and land use authorization (LUA) cost recovery fee schedules and the dollar amount of the upper limit on ROW holders’ strict liability. The BLM will publish the annual updates to the ROW and LUA cost recovery fee schedules and strict liability amount on the BLM’s website (www.blm.gov) for 2026 and annually thereafter.
All BLM offices will use the materials as published on the BLM’s website, for the following:
- The current calendar year (CY) cost recovery fee schedule for determining the processing and monitoring fees for ROW and other land use authorization applications and grants.
- The current CY strict liability amount for determining limits on strict liability.
Cost Recovery: The annual updates to the fee schedules are calculated in accordance with the Federal Land Policy and Management Act (FLPMA), the Mineral Leasing Act (MLA), and the ROW regulations that implement those statutes (43 CFR 2804.14, 2805.16, 2884.12, 2885.24, and 2920.6). Those regulations provide for adjustment based on the Implicit Price Deflator-Gross Domestic Product Index (IPD-GDP). See BLM website for fee schedule. The BLM makes cost recovery materials publicly available, and field offices may reproduce the schedule locally and make copies available to ROW and land use authorization applicants and other interested parties, as appropriate and upon request.
Strict Liability: In accordance with strict liability regulations at 43 CFR 2807.12(b)(3) and 43 CFR 2886.13(b)(3), the regulatory limit on strict liability for ROW holders is adjusted annually based on the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average. The CY 2026 limit reflects a 2.7 percent increase for the period July 2024 through July 2025. Refer to BLM website for strict liability limit.
Consistent with direction in FLPMA (43 U.S.C. § 1772(g)(1)), the BLM will not impose strict liability for damages or injuries resulting from the following:
- The BLM unreasonably withholding or delaying approval of an operating plan or agreement submitted under 43 CFR 2805.21; or
- The BLM failing to adhere to an applicable schedule in a plan approved under 43 CFR 2805.21(d).
This policy has no budgetary impact.
Cost Recovery: FLPMA and the MLA authorize the BLM to collect reasonable advance fees to recover administrative costs for processing applications for ROWs and other LUAs on public lands, as well as for subsequent monitoring of issued authorizations. The BLM’s ROW regulations (43 CFR 2804.14, 2805.16, 2884.12, and 2885.24) establish cost recovery fee schedules for processing and monitoring. These were initially established on June 21, 2005, and were most recently updated by a final rule published April 12, 2024 (effective May 13, 2024). Under the ROW regulations, the fee schedules are adjusted annually.
Strict Liability: ROW holders are strictly liable for damages or injuries to the United States arising from any activity or facility within the ROW that the BLM determines presents a foreseeable hazard or risk. The BLM specifies in the grant any such activities or facilities and the corresponding financial limitation on strict liability, commensurate with the identified risk and subject to a maximum limit (43 CFR 2807.12(b) and 2886.13(b)). The BLM annually adjusts the maximum amount for which a holder may be strictly liable to reflect changes in the Consumer Price Index for All Urban Consumers (U.S. City Average) as of July each year (43 CFR 2807.12(b)(3) and 2886.13(b)(3)).
None.
Instruction Memorandums Affected: None
If you have any questions concerning this PIM, please contact Jeremy Bluma, Acting ROW Branch Chief, at 208-789-6014 or [email protected], or Kerri-Anne Thorpe, Realty Specialist, at 720-576-0799 or [email protected].
The Division of Lands, Realty and Cadastral Survey (HQ-350) coordinated preparation of this PIM with the Department of the Interior’s Office of the Solicitor.