---
kind: "section"
citation: "43 C.F.R. § 2804.16"
title: "43"
number: "2804.16"
heading: "When will the BLM waive cost recovery fees?"
url: "https://uscodex.org/cfr/43/2804.16"
---

# §2804.16. When will the BLM waive cost recovery fees?

- (a) The BLM may waive your cost recovery fees if:
  - (1) You are a State or local government, or an agency of such a government, and the BLM issues the grant for governmental purposes benefitting the general public. However, if you collect revenue from charges you levy on customers for services similar to those of a profit-making corporation or business, or you assess similar fees to the United States for similar purposes, cost recovery fees will not be waived;
  - (2) Your application under this subpart is associated with a cost-share road or reciprocal right-of-way agreement; or
  - (3) **You are a Federal agency, and your cost recovery category determination is Category 1 to 4.**
- (b) The BLM will not waive your cost recovery fees if you are in trespass.

## Notes

### Amendments

[89 FR 25960, Apr. 12, 2024]

### Authority

Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.

### Source

Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

### Amendments

[89 FR 25960, Apr. 12, 2024]