The BLM anticipates this new regulation would shorten application processing times and establish consistency among BLM offices. 47. https://www.blm. Section 2884.16(c) would be added to clarify that a Master Agreement would waive a holder's rights to request a reduction in cost recovery fees. The BLM will process your complete application as follows: You must do everything reasonable to prevent and suppress wildfires on or adjacent to the right-of-way. During previous rulemakings on this subject, we received comments that most users felt more comfortable if a midpoint were used, as opposed to another statistical method or evaluation of the data. These changes are consistent with the proposed amendments to 2804.18. Therefore, this rule is not expected to negatively impact any community and is not expected to cause any disproportionately high and adverse impacts to minority or low-income communities. While disclosing the estimated transfers are important for describing the distributional effects of the proposed rule, these payments should not be included in the estimated costs and benefits per OMB Circular A4. or if their facilities are extensions of facilities that are exempt from paying rental. ) Request for Alternative Requirement (43 CFR 2804.40) This would allow more applications to qualify as a minor category, eliminating the labor to establish, monitor, and maintain appropriate accounting of major category cost recovery accounts on those applications. Communications uses may occur in or on a communications facility or a linear facility, such as a telephone line or fiber optic cable line. (vi) Additionally, 2805.21 includes a requirement for a fire prevention plan (removal and disposal of cut trees and branches, including plans for sale of forest products). The BLM issued an Instruction Memorandum in 2016 (IM-2016-122) after a Memorandum of Understanding in 2014 established the new policy. Amend 2806.13 by revising paragraph (e) and adding paragraph (h) to read as follows: (e) Subject to applicable laws and regulations, we will retroactively bill for uncollected or under-collected rent, fees, and late payments. The BLM may require that the final agreement contains a work plan and a financial plan, and a description of any existing agreements you have with other Federal agencies for cost reimbursement associated with such application or grant. (4) Electric or telephone facilities constructed on the right-of-way were financed in whole or in part, or eligible for financing, under the Rural Electrification Act of 1936, as amended (REA) (7 U.S.C. means a geographic grouping necessary for linear right-of-way rent assessment purposes, covering all lands in the contiguous United States. The parent who applied for child support services pays the cost recovery fee. How will BLM calculate rent for a grant or lease for ancillary communication uses associated with communication uses on the rent schedule? Was this page helpful? Executive Order (E.O.) Applicants holding authorizations for two or more facilities on the same communications site may submit a written request to authorize those facilities under a single grant. National Health (Pharmaceuticals and VaccinesCost Recovery) Amendment If the BLM denies your application, you withdraw it, or you relinquish your grant, you owe the current fees for the applicable cost recovery category as set forth at 2804.14, unless you have a Category 5 or 6 application, in which case, the following conditions apply: (a) If the BLM denies your Category 5 or 6 right-of-way application, you are liable for all reasonable costs that the United States incurred in processing it. What is the objective of the BLM's Communications Uses program? A holder may request a rent waiver or reduction if paying the full rent would cause the holder undue hardship and it is in the public interest to waive or reduce the rent. 1761 PDF 2022 Telecommunications Reporting Worksheet Instructions (FCC Form 499 How will the BLM calculate rent for private mobile radio service (PMRS), internal microwave, and other category uses? (21) (d) Grants issued prior to October 21, 1976: (1) If there is a proposed substantial deviation in the location or use, or terms and conditions of your right-of-way grant, you must apply for a new grant consistent with the remainder of this section. gov, by contacting your local BLM state, district, or field office, or by writing: Attention to the Division of Lands, Realty and Cadastral Survey, U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 5625, Washington, DC 20240. If processing your application(s) for a right-of-way or TUP will take longer than 60 calendar days, the BLM will notify you in writing of this fact prior to the 30th calendar day and inform you of when you can expect a final decision on your application. Under existing 2804.25(c), the BLM may require applicants to submit a POD for a ROW, as necessary. Cost Recovery | What is Cost Recovery? | Tax Foundation as well as make other revisions pertaining to ROW administration to address fire risks on public lands. 4. These changes are consistent with the proposed amendments to 2804.19. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Right of ingress and egress to a right-of-way. For non-emergency conditions, the holder of a right-of-way for an electric The communications uses rent schedule is specific to small areas, while the linear schedule is used for long and narrow ROWs, such as pipelines or power lines. Form Number: This revised table would apply to all cost recovery fees. The cost recovery fees under both the existing and proposed category frameworks are shown in Table 1 below. When calculating rent, the BLM will exclude customer uses, except as provided for at 2866.34(b)(4) and 2866.42 of this subpart. For Category 6 applications, the applicant and the BLM must enter into a written agreement that describes how the BLM will process the application and monitor the grant. et seq. Why does it increase my bill? You do not need to have sought financing from the Rural Utilities Service to qualify for this exemption. The documents posted on this site are XML renditions of published Federal Local exchange network NERC reliability standards define the reliability requirements for planning and operating the North American bulk power system. The advanced collection of a deposit would shorten the time for processing an application by allowing the BLM to begin processing the application during the 6 months it usually takes to finalize a cost recovery agreement. https://www.blm.gov, Existing paragraph (a)(4) of this section requires holders to do everything reasonable to prevent and suppress wildfires on or within the immediate vicinity of the ROW. (2) Shall notify the authorized officer not later than 1 day after the date of the response to emergency conditions. In your request for a waiver or rental reduction you must include a suggested alternative rental payment plan or timeframe within which you anticipate resuming full rental payments. (A) Show good cause for the applicant's inability to meet a requirement; (B) Suggest an alternative requirement and explain why that requirement is appropriate; and. (2) hazard tree According to the National Interagency Fire Center (NIFC), approximately 109 million acres across the United States (including both Federal and non-Federal lands) burned in wildfires between 2006 and 2020. section. (c) The BLM may establish a communications site management plan to guide the development of communications uses at the site. Why you received this fee. Wildfire is a known risk to and from powerlines and may be caused by a variety of factors, including vegetation coming into contact with live powerlines or structural failures of powerline infrastructure. For example, the BLM may require an applicant to submit information about the applicant's plans to comply with a visual plan included in the RMP for the area ( If the BLM does not respond to a request within the timeframe described in an approved operations, maintenance, and fire prevention plan, and the vegetation management activity is consistent with the holder's approved operations, maintenance, and fire prevention plan, a holder may proceed with the vegetation treatment activities. By expanding the range of hours in the minor categories, it is anticipated that the BLM would have fewer major Category determinations, thereby giving the applicants with moderate projects some relief from the cost recovery fees and additional workload associated with such a determination. The highest value use in all the combined facilities determines the base rent. If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the electric transmission or distribution line holder: (1) May prune or remove the vegetation or hazard tree to avoid the disruption of electric service or to eliminate immediate fire and safety hazards; and. *Preliminary application review costs are those expenses related to meetings held between a Federal agency and the applicant to discuss a right-of-way application. Section 2866.30What are the rents for Communications Uses? 1734(b) and 1764(g)) and the MLA (30 U.S.C. accessibility, have changed. any authorization or instrument issued under FLPMA Title V, 43 U.S.C. Waived from rent Understanding Taxes & Surcharges - Internet, Phone & TV Service Provider The BLM may notify a holder that changed conditions warrant a modification to the operations, maintenance, and fire prevention plan. Although the discussion in this preamble focuses on ROWs, and most revisions in the proposed rule relate to ROWs issued under parts 2800 and 2880, and proposed part 2860, similar revisions are being proposed that would apply to authorizations under part 2920. Proposed paragraph (a)(2) would require an applicant to provide proof of their FCC license. The OFR/GPO partnership is committed to presenting accurate and reliable Superfund Cost Recovery | US EPA 500 With this proposed rule, the BLM would maintain the use of midpoints for calculating the fees for the minor categories. . Section 2805.12(c)(5) and paragraph (d)(3) would be revised to provide that conditions associated with damaged and abandoned facilities that threaten human health or safety are not subject to the existing requirement that the BLM wait 3 months before requiring the holder to act. The proposed rule would amend paragraph (b) of this section by replacing processing and monitoring fees with cost recovery fees, for consistency with other revisions in this proposed rule. The BLM is concerned that, due to the 50-work-hour limit, more projects are being assigned to Category 6, when it would be more efficient operationally to increase the minor cost recovery limit to 64 hours, or an even 8 workdays. Current regulations at 43 CFR 2801.10 and 43 CFR 2881.10 provide a process for applicants to appeal a BLM decision issued under the regulations in parts 2800 and 2880, respectively, in accordance with part 4 of title 43. Section 2801.2What is the objective of the BLM's right-of-way program? The BLM may require you to submit additional information in support of your position. (6) Provide for removal and disposal of cut trees and branches, including plans for sale of forest products. What is an operations, maintenance, and fire prevention plan for electric transmission and distribution and other rights-of-way? If a court holds any provision of one part of this proposed rule invalid, it should not affect the other parts of the proposed rule. This proposed 2805.21 describes the requirements for operations, maintenance, and fire prevention plans, which are consistent with the requirements of the plans described in Section 512 of FLPMA. Proposed 2805.21(e) describes how the BLM would notify the holder that an operations, maintenance, and fire prevention plan requires modifications. (c) The BLM will charge tenants and customers who hold their own grant in a facility, as grant holders, the full annual rent for their use based on the BLM communications use rent schedule. 1734(b) and 1764(g)) and the MLA (30 U.S.C. types of technical data, such as frequencies and power output of the proposed use, that applicants must submit to allow the BLM to determine whether the proposed use would be consistent with the applicable communications site management plan and would be compatible with existing communications uses at the proposed communications site. These payments are transfer payments. Transfer payments are monetary payments from one group to another that do not affect total resources available to society. Exempt from rent area for the proposed project is analyzed. (5) If the site or facility is outside an RMA, and it serves a community of less than 25,000, the BLM will use the lowest population strata shown on the rent schedule. Under existing 2804.25(c), the BLM may require applicants to submit a plan of development (POD) for a ROW, as necessary. However, the BLM may make case-by-case exceptions in determining the population served at a particular site by uses not located within the same facility and not authorized under the same grant. What information must I submit in my application? Written AgreementsCategory 6 Projects (43 CFR 2804.19 and 43 CFR 2884.17) We have also determined that the proposed rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. The BLM is especially interested in receiving public comments and information discussing the BLM's proposed updates to its cost recovery fee categories for Federal ROW work activities, and whether the proposed regulations implementing the amendment to Title V of FLPMA effectively capture the statutory requirements. (a) During the preliminary application review meeting, the BLM can: (2) Determine whether the lands are located inside a communications site management plan area; (3) Tentatively schedule the processing of your proposed application; and. Proposed 2804.25(c)(2) and 2805.21(a) would require an operations, maintenance, and fire prevention plan for all new powerline ROWs. Holders would need to document the facility's eligibility for REA financing. The section would also be amended by revising 2805.16(a), adding a new 2805.16(b), revising current 2805.16(b), and redesignating it as paragraph (c). https://www.regulations.gov The proposed rule adds a new paragraph (b) to this section stating that the BLM will not waive your fees if you are in trespass. This proposed paragraph would not be a substantive change from existing practice. Although there have been great strides in expanding broadband services in the United States over the past several years, rural and Tribal areas lag behind in broadband deployment. (3) Develop a preliminary financial plan, if applicable, which estimates the actual costs of processing your application and monitoring your project; 51. They may also need to amend their operations, maintenance, and fire prevention plan if they anticipate conducting this activity on a recurring basis. (4) The holder may continue to implement any element of an approved operations, maintenance, and fire prevention plan that does not directly and adversely affect the condition precipitating the need for modification. (1) For Monitoring Categories 1 through 4, monitoring activities include inspecting construction, operation, maintenance, and termination of permanent or temporary facilities and protection and rehabilitation activities up to the time the holder completes rehabilitation of the right-of-way or TUP and the BLM approves it; (3) For Monitoring Category 6, monitoring activities include those actions or activities agreed to between the BLM and the applicant. All the provisions in this section have been a part of BLM policy for years, but it became clear that there was some confusion by users as to exactly what the BLM considered trespass. AM and FM radio broadcast and services, go to The proposed changes in this section reflect E.O. The BLM is specifically seeking comment on the practical impact of this proposed change. Monitoring activities Proposed 2866.35 contains the provisions of existing 2806.35, and there would be no substantive changes from existing requirements. Under 2805.21(e)(4), the holder may continue to operate and maintain the ROW or facility in accordance with the approved operations, maintenance, and fire prevention plan, as long as the activity does not conflict with the identified condition that requires a plan modification. In August 2021, the BLM sent a letter to federally recognized Indian Tribes notifying them about the BLM's intent to pursue this rulemaking. Section 2862.11How does the BLM designate communications sites and establish communications site management plans? The BLM would provide advance reasonable notice to the holder that a modification is necessary, and the holder would submit the proposed modification to the BLM. An agreement must contain the same general requirements of operations, maintenance, and fire prevention plans described in 2805.21. The Memorandum directs the Secretary to develop a plan to support rural broadband development and adoption by increasing access to tower facilities and other infrastructure assets managed by the Department of the Interior and identify assets that can be used to support rural broadband deployment and adoption.. Proposed 2866.42 contains the provisions of existing 2806.42, and there would be no substantive changes from existing requirements. e.g., 36. knowingly and willfully Under new paragraph (b)(2)(iii), a State or local government entity would not be exempt from rent if it charges rent to the United States Government for occupancy within an exempt facility (above routine operation and maintenance costs). Activities must comply with right-of-way regulations of this Chapter and the terms and conditions of the right-of-way authorization. Waivers may result in a reduction in rent or no rent at all. If you believe that we have not met these requirements, send us comments by one of the methods listed in the The BLM may include the same terms and conditions in the new grant as were in the original grant as to annual rent, duration, and nature of interest if the BLM determines, based on current land use plans and other management decisions, that it is in the public interest to do so. Although a plan modification may be required, the BLM does not intend for operations and maintenance to be unnecessarily delayed in other areas of the ROW that are not impacted. Due to the communications nature of fiber optic cables and telephone lines, proposed part 2860 is an appropriate location for regulations administering these communications uses. 13175 (65 FR 67249, November 9, 2000), the BLM has evaluated this rulemaking and determined that it would not have substantial direct effects on federally recognized Indian tribes. e.g., For over 80 years, our goal has remained the same: to improve lives through tax policies that lead to greater . (d) After an initial review of your application, the BLM will notify you of the cost recovery category into which your application fits. Proposed paragraph (b) would prompt applicants to ask the BLM for a copy of any applicable communications site management plan for the site of the proposed project. This language would be revised to refer to cost recovery fees, instead of processing and monitoring fees, and would change the existing definitive exemption from fees to a waiver of fees that the BLM has discretion to apply or not apply. (2) If you are a governmental entity, you are not exempt from rent, when: (i) The facility, system, space, or any part of the authorization is being used for commercial purposes; (ii) You are a municipal utility or cooperative whose principal source of revenue is customer charges; or. How will the BLM calculate rent for Communications Uses in the schedule? If the BLM approves your application, you will receive a short term grant in accordance with 2805.11(c)(2)(i) or (ii), which may qualify you for an offset under 2809.16. What are the rents for communication site rights-of-way? Applications to amend and renew ROWs must follow the same procedures as applications for new ROWs and, therefore, would also be subject to the proposed requirement for an operations, maintenance, and fire prevention plan. This preamble describes how the proposed rule differs from existing requirements. The BLM will also present you with the final estimate of the reasonable costs for which you must reimburse the BLM, including the cost for monitoring the project, using the factors in 2804.20 and 2804.21 of this subpart. (ii) Support the primary business of pipeline and power companies, railroads, land resource management companies, or wireless internet service provider (ISP) companies; (10) Section 2887.11May I assign or make other changes to my grant or TUP? The BLM will update Category 5 cost recovery fees as specified in the applicable Master Agreement. 1004-0137). and fill in the required information as completely as possible. When establishing a communications site, the BLM coordinates with other Federal agencies, State, local, and Tribal governments, and the public to identify resource-related issues, concerns, and needs.
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