[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 762 Referred in Senate (RFS)]
1st Session
H. R. 762
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2003
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.
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
2003''.
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 purposes of subsection (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 enactment of the
Reasonable Right-of-Way Fees Act of 2003, and in accordance with
subsection (k), the Secretary of the Interior shall amend section
2803.1-2 of title 43, Code of Federal 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
reflect 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 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 interest 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 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 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 April 1, 2003.
Attest:
JEFF TRANDAHL,
Clerk.