42 U.S.C. § 15925: Fair market value…

Summary

The Secretary of the Interior must update the per-acre rental fee schedule in 43 CFR 2806.20 within 1 year after August 8, 2005. The update must set fees by State, county, and type of linear right-of-way use to match current land values. The Secretary of Agriculture must make the same update for rights-of-way on National Forest System land under title V of the Federal Lands Policy and Management Act. Fair market rent for a linear right-of-way across public lands or National Forest lands, when issued under section 504 of that Act (43 U.S.C. 1764) or under section 185 of title 30, must be set using subpart 2806 of 43 CFR as it was on August 8, 2005. That includes any annual or periodic updates in those rules and the updates required above.

Title 42, §15925

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Update of fee schedule

Not later than 1 year after August 8, 2005—

(1)the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, 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; and

(2)the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land.

(b)Fair market value rental determination for linear rights-of-way

The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) or section 185 of title 30 shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Act is classified generally to subchapter V (§ 1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 43 and Tables.

§15925 Fair Market Value Determinations for Linear Rights-of-way Across Public Lands and National Forests