[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66591-66592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26631]


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DEPARTMENT OF AGRICULTURE

Forest Service


Fee Schedule for Linear Rights-of-Way Authorized on National 
Forest System Lands

AGENCY: Forest Service, USDA.

ACTION: Notice of Adoption of Mandatory Right-of-Way Land Use Fee 
Schedule.

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SUMMARY: The Forest Service is hereby adopting the Bureau of Land 
Management (BLM)'s revised linear right-of-way fee schedule in 43 CFR 
2806.20 for linear rights-of-way authorized on National Forest System 
(NFS) lands under Title V of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1761-1771, and Section 28 of the Mineral Leasing Act 
(MLA), 30 U.S.C. 185, as required by Section 367, Subtitle F, Title 
III, of the Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 685 
(August 8, 2005). Additionally, the Forest Service is adopting this fee 
schedule for linear rights-of-way authorized on NFS lands under other 
statutes.

DATES: The revised linear right-of-way fee schedule applies to linear 
rights-of-way on NFS lands on December 1, 2008.

FOR FURTHER INFORMATION CONTACT: Glen Parker, (202) 205-1196, or Julett 
Denton, (202) 205-1256.

SUPPLEMENTARY INFORMATION:
    Like BLM, the Forest Service is required to charge fees based on 
market value for the commercial use and occupancy of lands under its 
jurisdiction, including use and occupancy for linear rights-of-way for 
facilities such as power lines, fiber optic lines, pipelines, roads, 
and ditches. Both agencies authorize these uses under Title V of FLPMA 
and Section 28 of the MLA. Since 1987, the two agencies have shared a 
fee schedule for rights-of-way across the lands they manage. This joint 
fee schedule established eight fee zones based on the distribution of 
average land values by county in each state, except Alaska and Hawaii, 
and Puerto Rico.
    In 2005, Congress enacted the Energy Policy Act. Under section 367 
of the Energy Policy Act, BLM is solely responsible for the linear 
right-of-way fee schedule used by the two agencies. Section 367, 
entitled ``Fair Market Value

[[Page 66592]]

Determinations for Linear Rights-of-Way Across Public Lands and 
National Forests,'' directs the Secretary of the Interior to (1) update 
43 CFR 2806.20, which contains the per-acre fee schedule for linear 
rights-of-way on public lands managed by BLM; and (2) revise the per-
acre fee zone value schedule by state, county, and type of linear 
right-of-way uses to reflect current values of land in each zone. 
Section 367 also directs the Secretary of Agriculture to adopt the 
revisions to BLM's linear right-of-way fee schedule for linear rights-
of-way granted, issued, or renewed on NFS lands under Title V of FLPMA 
or Section 28 of the MLA.
    Accordingly, the Forest Service gave notice in the preamble to 
BLM's proposed and final rules updating and revising BLM's linear 
right-of-way fee schedule per section 367 (72 FR 70376; December 11, 
2007; 73 FR 65040; October 31, 2008) that the Forest Service will adopt 
the fee schedule. In addition, the Forest Service is hereby giving 
notice of its adoption of the revisions to BLM's linear right-of-way 
fee schedule. Although not statutorily required, the Forest Service is 
adopting BLM's revised fee schedule for all linear rights-of-way 
authorized on NFS lands, including those authorized under statutes 
other than FLPMA and the MLA, such as the Forest Service's Organic Act, 
16 U.S.C. 551, and Section 7 of the Granger-Thye Act, 16 U.S.C. 580d.

    Dated: November 11, 2008.
Mark Rey,
Under Secretary, Natural Resources and Environment.
 [FR Doc. E8-26631 Filed 11-7-08; 8:45 am]
BILLING CODE 3410-11-P