Telecom Right-of-Way (TelROW) Coalition urged House Resources Com...

Public Land Subcommittee Thurs. bill would ensure federal agencies charged right-of-way (RoW) fees based on fair market value of land, rather than value of infrastructure being deployed. Bureau of Land Management (BLM) and Forest Service had considered modifying their respective policies, but since have backed away from implementing fee schedule based on factors such as number of fiber strands in telecom projects. Myers suggested federal govt. apply “cost or impact-based methodology” to private sector use of public land, similar to how govt. determines payment when it acquires privately held land: “Since there is no true market in federal land, overall valuation, as well as the cost of the land impact, must be estimated.” He said that approach was “universal methodology” used to determine payments for RoWs “obtained from private parties in condemnation proceedings.” Peter Culp, BLM’s asst. dir.-Minerals, Realty & Resources, said Cubin bill wouldn’t “allow for fair market rates of return for [RoWs] on public lands.” He said it would “delay, rather than expedite, the processing of RoWs” since bill would “require a time-consuming, multiple appraisal process for every RoW before issuance or renewal.” Culp said HR-3258 would increase, rather than stabilize, RoW assessment costs: “For lengthy, linear RoW projects, it will be especially problematic to determine the current values of the multiple parcels of land that a RoW crosses. The costs of these additional appraisals inevitably will be passed on to RoW applicants as part of the federal government’s costs in processing a RoW.” Panel also was scheduled to hear testimony on bill by Rep. Bono (R-Cal.) that would grant RoW to RM Bcstg. Co. in Joshua Tree National Park in Cal. Public Employees for Environmental Responsibility (PEER) said hearing didn’t include representation from parks conservation community. PEER Counsel Dan Myer said Bono bill (HR-3718) concealed fact that RoW provided under bill would give RM Bcstg. access to illegal road company built in protected wilderness: “Never has Congress enacted a law to grant a right- of-way across already designated wilderness. Mary Bono may not know that her seemingly modest proposal is precedent-setting. More disturbing still, this bill would reward illegal conduct.”