Rights-of-Way
Introduction
Each year, thousands of individuals and companies apply to the Bureau of Land Management (BLM) to obtain a right-of-way (ROW) on public land.
A ROW grant is an authorization to use a specific piece of public land for a certain project, such as roads, pipelines, transmission lines, and communication sites. A ROW grant authorizes rights and privileges for a specific use of the land for a specific period of time. Generally, a BLM ROW is granted for a term appropriate for the life of the project.
The vast majority of the ROWs granted are authorized by Title V of FLPMA (43 U.S.C. 1761-1771) and the Mineral Leasing Act (Section 28 of the Mineral Leasing Act of 1920, as amended , 43 U.S.C. 185). It is the policy of the BLM to authorize all ROW applications at the discretion of the authorized officer in the most efficient and economical manner possible.
On April 22, 2005, the Bureau of Land Management (BLM) published a final rule which revised BLM regulations on rights-of-way issued under the Federal Land Policy Management Act (FLPMA) and the Mineral Leasing Act.
The final rule revises the BLM cost recovery (processing and monitoring fee) policies and procedures for issuing right-of-way grants and adjusts cost recovery fees to take into account cost increases since the previous regulations became effective in August 1987.
FLPMA Rights-of-Way: As authorized by the Federal Land Policy and Management Act (FLPMA), BLM will issue ROW grants for electrical power generation, transmission and distribution systems, systems for the transmission and reception of electronic signals and other means of communications, highways, railroads, pipelines (other than oil and gas pipelines) and other facilities or systems which are in the public interest.
Mineral Leasing Act Rights-of-Way: As authorized by the Mineral Leasing Act (MLA), BLM will issue ROW grants for oil and natural gas gathering, and distribution pipelines and related facilities (not authorized by appropriate leases) and oil and natural gas transmission pipeline and related facilities.
Some of the information this web site contains is:
- An “Old vs. New” overview of the new ROW regulations;
- Plan of Development templates, pre-application checklist
- Current Cost Recovery Processing and Monitoring Fee Schedule, MLS Rights-of-Way Actions
- Current Linear Rights-of-Way and Communication Uses Rent Schedules
- The subsequent responsibilities a grant holder has after the right-of-way has been authorized.
- SF-299 Form
- A detailed list of questions and answers (FAQs) regarding the new regulations;
For definitions of Rights-of-Way terms, click "Glossary" in the menu.
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