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 64 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
The Bureau of Land Management (BLM) assesses annual rental charges for rights-of-way (ROW) located on public lands. Rental rates vary based on the type of authorization, which includes linear facilities, small site-type facilities, large site facilities, and communications sites. The BLM regularly updates its rental schedules to ensure that rates remain consistent with current economic conditions and federal regulations.
Types of Facilities Subject to Rental Rate Schedules:
Linear Facilities: These include pipelines, transmission lines, and roads.
Communications Sites: Sites used for radio, broadband, and microwave facilities.
Small Site Facilities (25 acres or less): Examples are pumps, compressor stations, geo-technical testing sites, and water and air quality testing sites.
Large Site Facilities (25 acres or more): Such facilities consist of power generation, substations, data centers, and battery energy storage systems.
Linear Rights-of-Way Rent Schedules
Rents for linear ROWs are determined using the Per-Acre Linear Rent Schedule. This schedule applies to calendar years 2026 through 2035 The BLM updates and maintains its linear ROW rent schedule in accordance with 43 CFR §§ 2806.20-2806.22 that provides for consideration of:
Changes in the Implicit Price Deflator-Gross Domestic Product (IPD-GDP) index
Land value information from the National Agricultural Statistics Service (NASS) Census of Agriculture
BLM-assigned county zone values
For additional information, see Permanent Instruction Memorandum 2026-002, Applying Updated Rent Schedule for Linear Rights-of-Way
Rental rates for communications sites are based on the population served and type of facilities present at the site (see 43 CFR § 2866.30). View the Rental Fee Schedule for Communications Use. These fees are adjusted annually based on the Consumer Price Index for All Urban Consumers (CPI-U). For additional information, read IM 2025-013, Calendar Year 2025 Communications Uses Rental Fee Schedule and Listing of Cities by Population Strata and the Listing of Cities by Population Strata (Attachment).
For non-intermittent (renewable) energy sites that are 25 acres or smaller, rental fees are determined by the appropriate BLM State Office.
Additional State specific guidance:
California: CA-IM-2021-004, Non-Linear Land Use Authorization Rent Schedule up to 25 Acres
Montana: MT-IM-2016-001, Small Tract Rental Policy for Non-Linear Lands & Realty Authorizations
Nevada: BLM Land Use Authorizations Tracts of BLM Land to 25 Acres
Wyoming: WY-IM-2021-018, Non-Linear Land Use Authorization Rent Schedule for Non-Energy Sites up to 25 Acres
Large Site Rights-of-Way (larger than 25 acres)
Rental of sites larger than 25 acres require an appraisal to determine fair market value. Appraisals may also be necessary if the use is not covered by a national schedule or in unique circumstances.
Payment
Applicants must pay the initial rent before the BLM issues the ROW grant or lease. The BLM will provide the exact amount due. After the first year, linear ROW rents are adjusted annually according to the 2026–2035 rent schedule and adjustment factors. Communications site rents continue to adjust annually based on the CPI-U. Rental schedules are updated as needed to reflect current market conditions and regulatory requirements.