Right-of-Way Fees
The BLM is required to collect certain fees associated with obtaining a Right-of-Way (ROW) on BLM-Administered public lands. Those fees include Processing Fees, Monitoring Fees, and Rent unless waived in accordance with federal regulations. More detailed in BLM regulations at Code of Federal Regulations, Title 43, Part 2800.
Processing and Monitoring Fees and Strict Liability Limit
Permanent Instruction Memorandum, Annual Updates to Rights-of-Way and Land Use Authorization Cost Recovery Fee Schedule and Strict Liability Amount (PIM2026-001), established the process by which the 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 calendar year 2026 rates are available here and will be updated annually.
Applicants must reimburse the United States in advance for the costs associated with both processing an application and monitoring the authorized project. Processing fees are based on the amount of time the BLM estimates it will take to review your complete application and issue a decision. Once your application is submitted, the BLM will determine the appropriate processing category and notify you in writing of the required fee. You must submit this payment before processing can begin.
Processing and Monitoring Fee categories:
| Category | Description |
| Categories 1 through 4 | Onetime, nonrefundable fee based on the number of federal work hours needed to process an application. |
| Category 5 | Covers Master Agreements negotiated with a single applicant for multiple applications within a defined area. |
| Category 6 | Applies to any application requiring more than 50 work hours to process; requires reimbursement of the full actual cost. |
In addition to processing costs, applicants must also pay a Monitoring Fee that reimburses the BLM for monitoring construction, operation, maintenance, and termination of the project, including protection and rehabilitation of affected public lands. The monitoring fee is based on the estimated work hours necessary to oversee the grant. The BLM will determine the appropriate monitoring category and notify you of the required fee, which must be paid before a right-of-way grant can be issued.
In certain limited circumstances, the BLM may waive cost recovery fees (43 CFR 2804.16), exempt Federal, state, or local government or its agents or instrumentalities from paying rent (43 CFR 2806.14), or waive or reduce rent (43 CFR 2806.15).
The BLM also applies strict liability for certain activities, as outlined in applicable regulations (see, e.g., 43 CFR 2807.12) and in the terms and conditions of a right-of-way grant
Rent
Rents are charged on an annual basis. The Linear Rent Schedule is adjusted annually based on changes to the Implicit Price Deflator Index (an inflation index), The Communication Uses Rental Schedule is adjusted annually based on changes to the Consumer Price Index, All Urban Consumers (CPI-U). Rents for linear and communication site ROWs on public land are established via two separate administrative schedules, based on land values in the project area and, in some cases, an appraisal. We will notify you of the initial rent amount due. You must pay rent for the initial rent period before we issue you a ROW grant.