§ 2804.21 What other factors will the BLM consider in determining cost recovery fees?

(a) Other factors. If you include this information in your application, in arriving at your cost recovery fee in any category, the BLM will consider whether: (1) Payment of actual costs would: (i) Result in undue financial hardship to your small business, and you would receive little monetary value from your grant as compared to the costs of processing and monitoring; or (ii) Create such undue financial hardship as to prevent your use and enjoyment of your right-of-way for a non-commercial purpose. (2) The costs of performing any or all right-of-way activities grossly exceed the costs of constructing the project; (3) You are a non-profit organization, corporation, or association which is not controlled by or a subsidiary of a profit-making enterprise; and (i) The studies undertaken in connection with processing the application or monitoring the grant have a public benefit; or (ii) The facility or project will provide a benefit or special service to the general public or to a program of the Secretary; (4) You need a grant to prevent or mitigate damages to any lands or property or to mitigate hazards or danger to public health and safety resulting from an act of God, an act of war, or negligence of the United States; (5) You have a grant and need to secure a new or amended grant in order to relocate an authorized facility to comply with public health and safety and environmental protection laws, regulations, and standards which were not in effect at the time BLM issued your original grant; (6) You have a grant and need to secure a new grant to relocate facilities which you have to move because a Federal agency or federally-funded project needs the lands and the United States does not pay the costs associated with your relocation; or (7) For whatever other reason, such as public benefits or public services provided, cost recovery fees would be inconsistent with prudent and appropriate management of public lands and with your equitable interests or the equitable interests of the United States. (b) Fee determination. With your written application, submit your analysis of how each of the factors, as applicable, in paragraph (a) of this section, pertains to your application. The BLM will notify you in writing of the fee determination. You may appeal this decision under § 2801.10 of this part.