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DOI/BLM RIN: 1004-AE60 Publication ID: Fall 2021 
Title: Rights-of-Way for Communications Including Broadband  

This proposed rule would amend the existing rights-of-way (ROW) regulations to streamline and improve efficiencies in the communications uses program, update the cost recovery fee schedules for ROW work activities, and include provisions governing the development and approval of operating plans and agreements for ROWs for electric transmission and distribution facilities.  Communications uses, such as broadband, are a subset of ROW activities authorized under the Federal Land Policy and Management Act of 1976 (FLPMA), as amended.  Cost recovery fees apply to most ROW activities authorized under either FLPMA or the Mineral Leasing Act of 1920, as amended.  This proposed rule would also implement vegetation management requirements included in the Consolidated Appropriations Act, 2018 (codified at 43 U.S.C. 1772) to address fire risk from and to power-line ROWs on public lands and national forests.  The proposed rule would also codify legislated agency requirements regarding review and approval of utilities maintenance plans, liability limitations, and definitions of hazard trees and emergency conditions.

Agency: Department of the Interior(DOI)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 43 CFR 2800    43 CFR 2860    43 CFR 2880    43 CFR 2920   
Legal Authority: 30 U.S.C. 185 and 189    43 U.S.C. 1733    43 U.S.C. 1740    43 U.S.C. 1763   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Merged with 1004-AE69 
Agency Contact:
Douglas J. Herrema
Division Chief, HQ-350 (Lands, Realty, and Cadastral)
Department of the Interior
Bureau of Land Management
2800 Cottage Way,
Sacramento, CA 95825
Phone:760 507-5607