federal cost recovery fee

6. means any authorization to use the public lands issued under this part. The BLM may require you to submit additional information to calculate your rent. Estimated Federal work hours are > 8 24. The paragraph to be removed requires the public to obtain a grant for systems for transmitting or receiving electronic signals and other means of communication. The proposed rule would make minor revisions to paragraphs (a) and (b) to make the language more consistent with the existing and proposed regulations. The proposed rule would remove paragraph (a)(5) of this section and redesignate paragraphs (a)(6) and (7) as (a)(5) and (6). The third topic pertains to a recent amendment to add a new Section 512 to Title V of FLPMA (43 U.S.C. (3) You are a Federal agency, and your cost recovery category determination is Category 1 to 4. The operations, maintenance, and fire prevention plan would be required to describe how the BLM and holder would communicate and initiate any necessary plan modifications. for better understanding how a document is structured but How will the BLM manage my Category 6 project? that agencies use to create their documents. Cost recovery fees would increase, but the impact of the increases is not expected to be substantial for the small entities, nor would it fall disproportionately on small businesses. 19. At the community level, an advanced telecommunications network is critical for supporting growth, allowing small businesses to flourish, creating jobs, strengthening the first-responder network in remote areas, and making it possible for these areas to remain competitive in the information-age economy. Where possible, your comments should reference the specific section or paragraph of the proposal that you are addressing. ADDRESSES Amend 2920.6 by revising the section heading and paragraphs (b), (d), and (h) to read as follows: (b) The selected land use applicant shall pay cost recovery fees to the United States for reasonable administrative and other costs incurred by the United States in processing a land use authorization application and in monitoring construction, operation, maintenance, and rehabilitation of facilities authorized under this part, including preparation of reports and statements required by the National Environmental Policy Act of 1969 (43 U.S.C. The BLM is proposing changes to part 2880 to provide consistency with the general ROW regulations of part 2800. If a facility manager's or facility owner's scheduled rent is equal to the highest rent charged a tenant in the facility or facilities, then the facility manager's or facility owner's use determines the dollar amount of the base rent. means radio service that provides basic telephone service, primarily to rural communities; and. This would be consistent with the requirements of existing 2805.12(a)(15). Electric Reliability Organization (ERO) standards: This timeframe would be consistent with the requirements of Section 512 of FLPMA. Proposed paragraph (g) of this section would codify the liability provisions at Section 512(g) of FLPMA and describe when the BLM may not impose strict liability. Section 2804.12What must I do when submitting my application? Start Printed Page 67322 The BLM reviewed current labor and other costs and the time required to perform work on minor category (currently Categories 1-4) ROW applications and grants. Respondent's Obligation: 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. (c) You may relinquish your grant in writing. State Cost Recovery Charge We pay certain taxes to state governments give you service. (f) Coordinates, to the fullest extent possible, all BLM actions under the regulations in this part with State and local governments, interested individuals, and appropriate quasi-public entities. Master Agreement. (e) In processing your application, the BLM may determine at any time that the application requires preparing an EIS. Amend 2885.19 by revising paragraph (b) as follows: (b) You may obtain a copy of the current Per Acre Rent Schedule at 61. Contact address. 13211 (66 FR 28355, May 22, 2001). What is the objective of the BLM's right-of-way program? We may not conduct or sponsor and, notwithstanding any other provision of law, you are not required to respond to a collection of information unless it displays a currently valid OMB control number. 25. government) facility when their authorization to occupy the public lands is exempt from rental. is not under a current valid authorization. Waived from rent Request for Collocation within Ancillary Facilities (43 CFR 2866.41) As specified in the Master A statement containing the information required by the UMRA is not required. with the option to develop and submit a plan (43 U.S.C. When a holder who is exempt from rent under REA adds non-eligible tenant uses on the authorization, the holder will become subject to rent in accordance with 2866.30 through 2866.44 of this subpart. This proposed revision would more closely align the objective of promoting ROWs in common with the requirement described in Section 503 (43 U.S.C. It also includes preparation of an appropriate environmental document and compliance with other legal requirements in evaluating an application. Section 706 of the FLPMA repealed numerous laws to the extent they applied to the issuance of ROWs by the BLM. This proposed section was added in response to E.O. Remove the undesignated heading Communication Site Rights-of-Way and. (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. With your written application, submit your analysis of how each of the factors, as applicable, in paragraph (a) of this section, pertains to your application. Revised 2884.17(b) would describe what the BLM would do in monitoring your grant. Proposed 2868.10 is based on 2808.10 but would provide for additional communications uses-specific circumstances that the BLM considers trespass. 1734(b), to determine the amount you owe: 15. The current linear rent schedule for ROWs has 15 zones, so the current definition is not accurate. (b) The BLM may at any time during the application process request additional information relevant to the permitting of your proposal. Collocation may occur inside the building or on a tower. Amend 2885.12 by revising the section heading to read as follows: 56. Monitoring activities 185( (d) A selected applicant who withdraws, in writing, a land use application before a final decision is reached on the authorization is responsible for all reasonable costs incurred by the United States in processing the application up to the day that the authorized officer receives notice of the withdrawal and for costs subsequently incurred by the United States in terminating the proposed land use authorization process. We determined that a large share of the entities in the affected industries are small businesses as defined by the Small Business Act (SBA). means an area, such as a mountaintop, where a holder locates one or more communication or other right-of-way facilities. Request for Extension (43 CFR 2805.12(c)(5)) Learn more here. 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. In the 21st century, broadband is just as vital as roads and bridges, electric lines, and sewer systems. This proposed definition would explain what activities would generally be associated with applications found under each cost recovery category. (b) The BLM will update the cost recovery fee schedule for Categories 1 through 4 each calendar year, based on the previous year's change in the IPD- Superfund Cost Recovery. The BLM will process your complete application as follows: 52. How will the BLM process my Communications Uses application? of the RMA served having the greatest population; (4) If the site or facility is outside an RMA and the site does not serve an RMA, the BLM will use the population strata of the community it serves having the greatest population, as identified in the current edition of the Rand McNally Road Atlas; or. (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. This proposed paragraph would not constitute a substantive change from existing policy. Preliminary application review meetings help you to plan your project, coordinate with the BLM, and ensure a smooth permitting process. Any outstanding fees would be due to the BLM within 30 days after the holder receives the bill. (f) If you do not submit your application under paragraph (a) of this section at least 120 days prior to authorization expiration, it is considered delinquent; the BLM will not be subject to the customer service standards in this chapter, and it will be processed only as time and resources are available. Master Agreements are designed to consolidate some of the processing and monitoring steps associated with ROWs, The documents posted on this site are XML renditions of published Federal Information Collection Requirements: Written comments and suggestions on the information collection requirements should be submitted by the date specified above in the means a change in the authorized location or use that requires-construction or use outside the boundaries of the right-of-way or TUP area or any change from, or modification of, the authorized use. The BLM would, to the maximum extent practicable, review and approve the proposed operations, maintenance, and fire prevention plan modification in the same 120-day timeframe that applies to approval of new plans. (6) Draft communications use plan of development. The proposed rule would revise the term monitoring to be monitoring activities and would revise the definition of that term. Those supported by quantitative information or studies; and. How does the BLM calculate rent for passive reflectors and local exchange networks? Amend 2803.12 by revising the section heading and paragraph (a) to read as follows: (a) If a grant holder dies, any inheritable interest in a grant will be distributed under State law. Environmental Impact Statement (43 CFR 2804.14(e), 43 CFR 2884.12(e)) The proposed rule would also add 2807.17(b)(3) to allow the BLM to terminate a ROW grant when a court terminates or requires the BLM to terminate the ROW. Amend 2802.10 by revising paragraph (c) to read as follows: (1) Determine the appropriate BLM office with which to coordinate; (2) Determine whether or not the land you want to use is available for that use; and. Section 2864.10What should I do before I file my application? Under proposed paragraph (g) of this section, the BLM could require a holder to submit financial documents related to a holder's authorization. This proposed paragraph would also require the holder to provide a copy of the power of attorney, if one exists. By making it easier for industry to collocate in and on existing communications facilities or build out new communications infrastructure on public lands, the BLM can play a strong role in increasing connectivity throughout the United States. Rights the United States RetainsFinancial Documents (43 CFR 2805.15) Estimated Federal work hours are > 24 40. means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this part. This section applies to a grant that authorizes a mixture of communications uses, some of which are subject to the communications uses rent schedule and some of which are not. In this rule, there are three distinct topics being considered. Once the BLM grants subleasing authority, the holder would not be charged any additional rent for the occupancy of additional uses in that facility. "By the end of 2022, the company is estimated to spend ~$125 million on 2G and 3G technology upgrades as cellular companies eliminate previous generation technologies. (d) After an initial review of your application, the BLM will notify you of the processing category into which your application fits. Individuals in the United States who are deaf, blind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. (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. For example, an undue hardship can be a financial impact on a small business, or it could involve situations where there is a need to relocate the facility to comply with public health and safety or environmental protection laws not in effect at the time the original grant issued. Monitoring activities The BLM will give you reasonable notice before it enters any facility on the right-of-way; (e) Change the terms and conditions of your grant as a result of changes in legislation, regulation, or as otherwise necessary to protect public health or safety or the environment. Proposed paragraph (a)(3) would allow the BLM to waive cost recovery fees for Federal agencies for applications belonging to cost recovery Categories 1 through 4. Federal and state regulatory fees associated with Universal Service programs, the provision of telecommunications services for the sight and hearing . Waiving or reducing rent under paragraphs (b)(1) through (b)(5), as revised by this proposed rule, would be at the discretion of the BLM State Director. Also covered by and under the Regulatory Recovery Fee is compensation for costs related to federal and/or state programs that guarantee affordable voice services for all Americans, including those with low incomes, those living in areas where the costs of communication might be high - such as schools, libraries, and rural health care providers. Proposed paragraph (a)(1) of this section contains the provision of existing 2804.16(a) and would state that ROW cost recovery fees may be waived if an applicant is a State or local government, and the application is for governmental purposes that benefit the general public. 185(l)) authorize the BLM and other Federal agencies to require ROW applicants or holders to reimburse an agency for costs incurred processing a ROW application and inspecting and monitoring an authorized ROW. Additionally, the communications site management plan provides holders and future proponents with the development conditions for a particular site. Proposed paragraph (c) describes how the BLM would establish communications site management plans. 1701 *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. Any substantive changes to those requirements are discussed in the sections of this preamble focused on new part 2860. Added 2885.24(c) would explain how to obtain a copy of the current cost recovery fee schedule. In addition to the considerations listed in 2804.26, the BLM may deny your application under this part if: (a) The proposed use would interfere with previously authorized rights-of-way, including communications uses on public lands; (b) The proposed use presents a public health or safety issue; or. (1) The exemptions in this section do not apply if you are in trespass. e.g., The BLM will update the fee schedule for Categories 1 through 4 each calendar year, based on the previous year's change in the IPD-GDP, as measured second quarter to second quarter rounded to the nearest dollar. The BLM expects this change to streamline and expedite processing times for grant holders. Fee. It is likely the individual or entity responsible for the application already has the proposed project data in a GIS format, and therefore, the BLM is not adding a significant burden upon the applicant. means an occupant who is paying a facility manager, facility owner, or tenant for using all or any part of the space in the facility, or for communication services, and is not selling communication services or broadcasting to others. Subpart 2805Terms and Conditions of Grants. https://www.blm.gov, The definition would apply in the limited context of powerline ROWs subject to newly proposed 2805.22 and would help holders of such ROWs to understand what is required of them and what authorization their ROW provides. However, the BLM believes that the impact on the small entities is not significant. Proposed 2866.36 contains the provisions of existing 2806.36, and there would be no substantive changes from existing requirements. Amend 2884.21 by revising paragraph (c) to read as follows: (c) 1761-1772). 11. NERC reliability standards define the reliability requirements for planning and operating the North American bulk power system. Section 2884.11What information must I submit in my application? Customer The BLM will exclude similar uses (see 2866.14 and 2866.15 of this subpart) of a customer or tenant if they choose to hold their own grant (see 2866.36 of this subpart) or are occupants in a Federal facility (see 2866.42(a) of this subpart); (2) The BLM will charge rent to a facility owner whose own use is either exempted from rent or whose rent has been waived or reduced to zero (see 2866.14 and 2866.15 of this subpart), but who has tenants in the facility, in an amount equal to the rent of the highest value tenant use plus 25 percent of the rent from the rent schedule for each of the remaining tenant uses subject to rent; (3) The BLM will not charge rent to a facility owner, facility manager, or tenant (when holding a grant) when all of the following occur: (i) The BLM exempts from rent, waives, or reduces to zero the rent for the holder's use (see 2866.14 and 2866.15 of this subpart); (ii) Rent from all other uses in the facility is exempted, waived, or reduced to zero, or the BLM considers such uses as customer uses; and, (iii) The holder is not operating the facility for commercial purposes (see 2866.15(c)(2) of this part) with respect to such other uses in the facility; and. Currently, many authorizations are managed by another entity that was not approved by the BLM. For complete information about, and access to, our official publications Collocation The proposed rule would revise paragraph (a)(6) of this section, which states that the BLM could deny your ROW application if you fail to comply with a deficiency notice. Proposed 2805.21(f) provides that certain holders may enter into an agreement with the BLM in lieu of an operations, maintenance, and fire prevention plan. Table 3 shows the relationship between proposed subparts 2861 through 2865 and 2868 and existing subparts 2801 through 2805 and 2808. Section 2866.42How will the BLM calculate rent for Communications Uses within a federally owned communications facility? The proposed rule would revise the title of this section to change processing and monitoring to cost recovery. This change is consistent with the proposed changes to 2804.15. The BLM will process applications as specified in the Master Agreement. permitting electronic submission of responses. The exemptions described in proposed 2866.14(b) encapsulate the language that would be removed from 2806.14. Proposed paragraph (g) of this section describes the criteria that a holder would be required to meet to be eligible to enter into an agreement. (3) Begin discussions about any application(s) you may need to file. Start Printed Page 67317 Additional factors the BLM considers include but are not limited to access to the site, existing infrastructure, signal coverage, available space, and industry demand. The proposed rule strikes a middle path by allowing the BLM to waive fees for Federal agencies in some, but not all circumstances. 66. The BLM is proposing this change to reciprocate rent exemptions for the United States. The office with jurisdiction over a grant retains the official case file and therefore needs the official documentation. These exceptions include when an organization operates for the benefit of its members; when any portion of the authorized facility is being used for commercial purposes; when the holder is charging the United States to occupy a facility; and when a holder charges fees beyond reasonable operation and maintenance for the occupants whose use is normally exempt or waived by the BLM. Before including your address, telephone number, email address, or other personal identifying information in your comment, be advised that your entire commentincluding your personal identifying informationmay be made publicly available at any time. Once a law has been repealed, the BLM can no longer approve any actions under the repealed law. (b) If you designate an agent or third-party to act on your behalf after you have been issued a grant, you will still be held responsible to follow the terms and conditions of the grant. 20. Broadcast translator, low-power television, and low-power FM radio Section 2861.5What acronyms and terms are used in the regulations in this part? Operations, maintenance, and fire prevention plan modifications: If you do so, you are liable for all actual costs the United States has incurred up to the time you relinquish the grant and for the actual costs of closing your grant. is a fee charged to an applicant or holder to cover the costs incurred by the BLM in the processing and monitoring associated with a right-of-way grant or TUP on public lands. ) Request for Alternative Requirement (43 CFR 2804.40) (d) Hold the grant for a term of 30 years, unless the BLM determines a shorter term is appropriate. RingCentral Administrative & Infrastructure Cost Recovery Fee: This fee is used to recover some or all of certain costs that RingCentral incurs, including government-imposed fees, such as the Federal Regulatory Fee, Telecommunications Relay Service (TRS), LNP and STI-GA, etc., including the costs associated with You must have an authorization under this part to use public lands for communications uses systems or facilities over, under, on, or through public lands. As amended by the MOBILE NOW Act, 47 U.S.C. It also includes preparation of an appropriate environmental document and compliance with other legal requirements in evaluating an application. 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. Section 2807.17Under what conditions may the BLM suspend or terminate my grant? 35. To better help us revise the rule, your comments should be as specific as possible. Communications uses, including fiber optic and telephone, may be collocated within the 6,000 miles of energy corridors administered by the BLM and the U.S. Forest Service (USFS). means a parcel of land identified through a land use planning process as being a preferred location for existing and future linear rights-of-way and facilities. (d) After an initial review of your application, the BLM will notify you of the cost recovery category into which your application fits. This is the current practice of the BLM and is not a substantive change. The BLM received feedback from customers about inconsistencies in how waivers or reductions in rent are approved. This rule does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. If an applicant already has included a license as part of its application, it eliminates the need for the BLM to request that information, and thereby cuts down on processing times. Section 2806.15Under what circumstances may BLM waive or reduce my rent? The principal authors of this rule are: Karen Montgomery, BLM Division of Lands, Realty and Cadastral Survey; Erica Pionke, BLM Division of Lands, Realty and Cadastral Survey; Robert Wilson, BLM Division of Lands, Realty and Cadastral Survey; James Tichenor, BLM Division of Lands, Realty and Cadastral Survey, Business Management Office; Jeff Holdren, BLM Division of Lands, Realty and Cadastral Survey; Jennifer Noe, BLM Division of Regulatory Affairs; assisted by the DOI Office of the Solicitor. publication in the future. 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. Learn more about cost recovery here! Subject to applicable laws and regulations, if your application involves Federal agencies other than the BLM, your fee may also include the reasonable costs estimated to be incurred by those Federal agencies. 13821 states that Americans need access to reliable, affordable broadband internet service to succeed in today's information-driven, global economy and establishes a policy to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern high-speed broadband connectivity in rural America, including rural homes, farms, small businesses, manufacturing and production sites, Tribal communities, transportation systems, and healthcare and education facilities., On January 8, 2018, in association with the release of E.O. Any money you paid that is not used to cover costs the United States incurred as a result of your application will be refunded to you; and. 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. The BLM will process your complete application as follows: The reasons for removing TUPs from this section are as follows: (1) Section 185(w) of the MLA, which is the statutory source of the notification requirement, does not mention TUPs, only ROWs; (2) Congressional notification for TUPs creates a significant, unnecessary workload for BLM offices, the Department of the Interior, and Congress; and.
Milhouse Engineering Salary, Detailed Map Of Anchorage Alaska, Who Is Nebraska State Treasurer, Articles F