TITLE 43 - PUBLIC LANDS: INTERIOR

SUBTITLE B - REGULATIONS RELATING TO PUBLIC LANDS

CHAPTER II - BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

SUBCHAPTER B - LAND RESOURCE MANAGEMENT (2000)

PART 2800 - RIGHTS - OF - WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT

subpart 2805 - TERMS AND CONDITIONS OF GRANTS

2805.11 - What does a grant contain?

The grant states what your rights are on the lands subject to the grant and contains information about: (a) What lands you can use or occupy. The lands may or may not correspond to those for which you applied. BLM will limit the grant to those lands which BLM determines: (1) You will occupy with authorized facilities; (2) Are necessary for constructing, operating, maintaining, and terminating the authorized facilities; (3) Are necessary to protect the public health and safety; (4) Will not unnecessarily damage the environment; and (5) Will not result in unnecessary or undue degradation.

  (b) How long you can use the right-of-way. Each grant will state the length of time that you are authorized to use the right-of-way.

  (1) BLM will consider the following factors in establishing a reasonable term: (i) The public purpose served; (ii) Cost and useful life of the facility; (iii) Time limitations imposed by licenses or permits required by other Federal agencies and state, tribal, or local governments; and (iv) The time necessary to accomplish the purpose of the grant.

  (2) All grants, except those issued for a term of less than one year and those issued in perpetuity, expire on December 31 of the final year of the grant.

  (c) How you can use the right-of-way. You may only use the right-of-way for the specific use the grant authorizes.