IIB
107TH CONGRESS
2D SESSION
H. R. 3258
IN THE SENATE OF THE UNITED STATES
JULY 23, 2002
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To amend the Federal Land Policy and Management Act
of 1976 and the Mineral Leasing Act to clarify the
method by which the Secretary of the Interior and the
Secretary of Agriculture determine the fair market value
of certain rights-of-way granted, issued, or renewed
under these Acts.
HR 3258 RFS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Reasonable Right-of-
Way Fees Act of 2002’’.
SEC. 2. CLARIFICATION OF FAIR MARKET RENTAL VALUE
DETERMINATIONS FOR PUBLIC LANDS AND
FOREST SERVICE RIGHTS-OF-WAY.
(a) LINEAR
RIGHTS-OF-WAY
UNDER
FEDERAL
LAND POLICY AND MANAGEMENT ACT.—Section 504 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1764) is amended by adding at the end the
following new subsection:
‘‘(k) DETERMINATION OF FAIR MARKET VALUE OF
LINEAR
RIGHTS-OF-WAY.—(1) 
Effective 
upon 
the
issuance of the rules required by paragraph (2), for pur-
poses of subsection (g), the Secretary concerned shall de-
termine the fair market rental for the use of land encum-
bered by a linear right-of-way granted, issued, or renewed
under this title using the valuation method described in
paragraphs (2), (3), and (4).
‘‘(2) Not later than one year after the date of enact-
ment of the Reasonable Right-of-Way Fees Act of 2002,
and in accordance with subsection (k), the Secretary of
the Interior shall amend section 2803.1–2 of title 43, Code
HR 3258 RFS
of Federal Regulations, as in effect on the date of enact-
ment of such Act, to revise the per acre rental fee zone
value schedule by State, county, and type of linear right-
of-way use to reflect current values of land in each zone.
The Secretary of Agriculture shall make the same revi-
sions for linear rights-of-way granted, issued, or renewed
under this title on National Forest System lands.
‘‘(3) The Secretary concerned shall update annually
the schedule revised under paragraph (2) by multiplying
the current year’s rental per acre by the annual change,
second quarter to the second quarter (June 30 to June
30) in the Gross National Product Implicit Price Deflator
Index published in the Survey of Current Business of the
Department of Commerce, Bureau of Economic Analysis.
‘‘(4) Whenever the cumulative change in the index
referred to in paragraph (3) exceeds 30 percent, or the
change in the 3-year average of the 1-year Treasury inter-
est rate used to determine per acre rental fee zone values
exceeds plus or minus 50 percent, the Secretary concerned
shall conduct a review of the zones and rental per acre
figures to determine whether the value of Federal land has
differed sufficiently from the index referred to in para-
graph (3) to warrant a revision in the base zones and rent-
al per acre figures. If, as a result of the review, the Sec-
retary concerned determines that such a revision is war-
HR 3258 RFS
ranted, the Secretary concerned shall revise the base zones
and rental per acre figures accordingly.’’.
(b) RIGHTS-OF-WAY
UNDER
MINERAL
LEASING
ACT.—Section 28(l) of the Mineral Leasing Act (30
U.S.C. 185(l)) is amended by inserting before the period
at the end the following: ‘‘using the valuation method de-
scribed in section 2803.1–2 of title 43, Code of Federal
Regulations, as revised pursuant to section 504(k) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1764(k))’’.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.