IB
Union Calendar No. 337
107TH CONGRESS
2D SESSION
H. R. 3258
[Report No. 107–563]
To amend the Federal Lands Policy and Management Act of 1976 to clarify
the method by which the Secretary of the Interior and the Secretary
of Agriculture determine the fair market value of rights-of-way granted,
issued, or renewed under such Act to prevent unreasonable increases
in certain costs in connection with the deployment of communications
and other critical infrastructure.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 2001
Mrs. CUBIN introduced the following bill; which was referred to the Committee
on Resources
JULY 11, 2002
Additional sponsors: Mrs. WILSON, Mr. RADANOVICH, Mr. YOUNG of Alaska,
Mr. TAUZIN, and Mr. CALVERT
JULY 11, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 8, 2001]
A BILL
To amend the Federal Lands Policy and Management Act
of 1976 to clarify the method by which the Secretary
of the Interior and the Secretary of Agriculture deter-
mine the fair market value of rights-of-way granted,
issued, or renewed under such Act to prevent unreason-
able increases in certain costs in connection with the
deployment of communications and other critical infra-
structure.
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 Fed-
eral 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 purposes of sub-
section (g), the Secretary concerned shall determine the fair
market rental for the use of land encumbered 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 Inte-
rior shall amend section 2803.1–2 of title 43, Code of Fed-
eral Regulations, as in effect on the date of enactment 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 re-
flect current values of land in each zone. The Secretary of
Agriculture shall make the same revisions for linear rights-
of-way granted, issued, or renewed under this title on Na-
tional 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 re-
ferred to in paragraph (3) exceeds 30 percent, or the change
in the 3-year average of the 1-year Treasury interest rate
used to determine per acre rental fee zone values exceeds
plus or minus 50 percent, the Secretary concerned shall con-
duct 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 paragraph (3) to
warrant a revision in the base zones and rental per acre
figures. If, as a result of the review, the Secretary concerned
determines that such a revision is warranted, 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 described in sec-
tion 2803.1–2 of title 43, Code of Federal Regulations, as
revised pursuant to section 504(k) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1764(k))’’.
Amend the title so as to read: ‘‘A bill 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 Agri-
culture determine the fair market value of certain rights-
of-way granted, issued, or renewed under these Acts.’’.
Union Calendar No. 337
107TH CONGRESS
2D SESSION
H. R. 3258
[Report No. 107–563]
A BILL
To amend the Federal Lands Policy and Manage-
ment Act of 1976 to clarify the method by which
the Secretary of the Interior and the Secretary of
Agriculture determine the fair market value of
rights-of-way granted, issued, or renewed under
such Act to prevent unreasonable increases in
certain costs in connection with the deployment
of communications and other critical infrastruc-
ture.
JULY 11, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed