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USDA/FS RIN: 0596-AC48 Publication ID: Fall 2008 
Title: Linear Right-of-Way Rental Payment Schedule 
Abstract: Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of the Interior to update the per acre rent schedule found in 43 CFR 2806.20. The Act requires that the BLM revise the per acre rental fee zone value schedule by state, county, and type of linear right-of-way use to reflect current land values in each zone. The Act also requires the Secretary of Agriculture (Forest Service) to make the same revisions for rights-of-way on National Forest System (NFS) lands. The BLM published an advance notice of proposed rulemaking on April 27, 2006 (71 FR 24836) and notice of proposed rule on December 11, 2007 (72 FR 237). The Forest Service (FS) in adopting the BLM final fee schedule will modify policy to be consistent with BLM. The linear right-of-way rental fee schedule authorized by 36 CFR 251.57 and set out in Forest Service Handbook 2709.12, chapter 30. Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of Agriculture to, not later than 1 year after the date of enactment of the Act on August 8, 2005, update the per-acre rental fee schedule. The rental fee schedule covers most linear rights-of-way granted under section 28 of the Mineral Leasing Act of 1920, as amended, and title V of the Federal Land Policy and Management Act of 1976, as amended. Both laws require the holder of a right-of-way to pay annually, in advance, the fair market value to occupy, use, or traverse public lands, for facilities such as power lines, fiber optic lines, pipelines, roads, and ditches. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 251.57   
Legal Authority: 42 USC 15801   
Legal Deadline:
Action Source Description Date
NPRM  Statutory    08/08/2006 
Timetable:
Action Date FR Cite
NPRM  11/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lorrie Parker
Regulatory Analyst
Department of Agriculture
Forest Service
ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-6560
Fax:202 260-6539
Email: lsparker@fs.fed.us