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[DOCID: f:h3258ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3258

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

_______________________________________________________________________

                                 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 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.

    Be it enacted by the Senate and House of Representatives 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 
2001''.

SEC. 2. CLARIFICATION OF FAIR MARKET VALUE DETERMINATIONS FOR PUBLIC 
              LANDS AND FOREST SERVICE RIGHTS-OF-WAY.

    Section 504(g) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1764(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) in the first sentence, by striking ``thereof'' and 
        inserting ``of the holder's use of the land encumbered by the 
        right-of-way''; and
            (3) by adding at the end the following new paragraphs:
    ``(2) For purposes of paragraph (1), the fair market value of a use 
of land encumbered by a right-of-way granted, issued, or renewed under 
this title may not exceed the lowest amount determined using the 
following valuation methods:
            ``(A) The value to the Secretary concerned of the land 
        encumbered by the right-of-way.
            ``(B) The diminution in the value of the land to the 
        Secretary concerned as a result of the right-of-way.
            ``(C) The amount necessary to restore the land to its use 
        immediately before the initial grant or issuance of the right-
        of-way.
    ``(3) Fair market value and related rents shall be determined from 
the perspective of the Government as a land holder and willing seller 
of the right-of-way under this title. Right-of-way uses that have 
similar initial or potential physical impacts on the land or adjacent 
lands, including the disturbance necessary to establish the right-of-
way and directly related ancillary facilities, including points of 
access, substations, compressor stations, and regeneration facilities, 
shall be valued based on the fee value of the underlying land, 
regardless of the technology present or related commercial values of 
the facilities.''.
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