Calendar Year 2023 Right-of-Way Cost Recovery Fee Schedule and Strict Liability Amount
2800/2880/2920 (HQ-350) P
This Instruction Memorandum (IM) transmits the Bureau of Land Management (BLM) Calendar Year (CY) 2023 Cost Recovery Processing and Monitoring Fee Schedule (Attachment 1) and updates the strict liability amounts for CY 2023. The BLM updates the cost recovery fees and strict liability amounts annually in accordance with current right-of-way (ROW) regulations. All BLM field offices must use the attached cost recovery fees schedule 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). The appropriate cost recovery category for processing actions and the appropriate category for monitoring actions are determined separately.
Mission.
The ROW regulations at 43 CFR 2804.14, 2805.16, 2884.12, and 2885.24 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), as measured from the second quarter of the previous year through the second quarter of the current year. The regulations at 43 CFR 2920.6 require the reimbursement of costs for land use authorizations using the provisions contained in the ROW regulations. The adjustment factor based for the IPD-GDP from the second quarter CY 2021 through the second quarter CY 2022 is 1.075 and the percentage change is an increase of 7.54 percent.
Field offices will reproduce the schedule locally and make copies available to ROW and Land Use Permit applicants 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 2023 is $3,129,000. This reflects the Consumer Price Index-Urban increase of 8.52 percent for the period of July 2021 through June 2022.
This IM is effective January 1, 2023.
The application of this policy will have no impact on the budget. This increase is intended to be budget neutral.
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, 2805.16, 2884.12, and 2885.24 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 2023 Cost Recovery Processing and Monitoring Fee Schedule is attached.
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 activity 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, U.S. City Average as of July of each year” (43 CFR 2807.12(b)(3) and 2886.13(b)(3)).
This IM is consistent with Interim BLM Manual Section 2800 and 2880 Rights-of-Way.
If you have any questions concerning the content of this IM, please contact Nicholas Douglas at (970) 256-4944, or Stephen Fusilier, Branch Chief, ROW at (202) 309-3209 or sfusilie@blm.gov, or Michael Hogan, Realty Specialist, at (505) 954-2124 or mthogan@blm.gov.
The Division of Lands, Realty and Cadastral Survey (HQ-350) coordinated preparation of this IM with the Department of the Interior’s Office of the Solicitor and the U.S. Forest Service