[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2801.1-1]

[Page 237-238]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES--Table of Contents
 
Subpart 2801--Terms and Conditions of Rights-of-Way Grants and Temporary 
                               Use Permits
 
Sec. 2801.1-1  Nature of right-of-way interest.

    (a) All rights in public lands subject to a right-of-way grant or 
temporary use permit not expressly granted are retained and may be 
exercised by the United States. These rights include, but are not 
limited to:
    (1) A continuing right of access onto the public lands covered by 
the right-of-way grant or temporary use permit, and upon reasonable 
notice to the holder, access and entry to any facility constructed on 
the right-of-way or permit area:
    (2) The right to require common use of the right-of-way, and the 
right to authorize use of the right-of-way for compatible uses 
(including the subsurface and air space).
    (b) A right-of-way grant or temporary use permit may be used only 
for the purposes authorized. The holder may allow others to use the land 
as his/her agent in exercising the rights granted.
    (c) All right-of-way grants and temporary use permits shall be 
issued subject to valid existing rights.
    (d) A right-of-way grant or temporary use permit shall not give or 
authorize the holder to take from the public lands any mineral or 
vegetative material, including timber, without securing authorization 
under the Materials Act (30 U.S.C. 601 et seq.), and paying in advance 
the fair market value of the material cut, removed, used, or destroyed. 
However, common varieties of stone and soil necessarily removed in the 
construction of a project may be used elsewhere along the same right-of-
way or permit area in the construction of the project without additional 
authorization and payment. The holder shall be allowed in the 
performance of normal maintenance to do minor trimming, pruning and 
clearing of vegetative material within the right-of-way or permit area 
and around facilities constructed thereon without additional 
authorization and payments. At his discretion and when it is in the 
public interest, the authorized officer may in lieu of requiring an 
advance payment for any mineral or vegetative materials, including 
timber, cut or excavated, require the holder to stockpile or stack the 
material as designated locations for later disposal by the United 
States.
    (e) A holder of a right-of-way grant or temporary use permit may 
assign a grant or permit to another, provided the holder obtains the 
written approval of the authorized officer.
    (f) The holder of a right-of-way grant may authorize other parties 
to use a facility constructed, except for roads, on the right-of-way 
with the prior written consent of the authorized officer and charge for 
such use. In any such arrangement, the holder shall continue to be 
responsible for compliance with all conditions of the grant. This 
paragraph does not limit in any way the authority of the authorized 
officer to issue additional right-of-way grants or temporary use permits 
for compatible uses on or adjacent to the right-of-way, nor does it 
authorize the holder to impose charges for the use of lands made subject 
to such additional right-of-way grants or temporary use permits. 
However, the holder of a right-of-way grant for communication purposes 
may authorize other parties to use a facility, without prior written 
consent of the authorized officer, if so provided by terms and 
conditions of the grant.
    (g) Each right-of-way grant or temporary use permit shall describe 
the

[[Page 238]]

public lands to be used or occupied and the grant or permit shall be 
limited to those lands which the authorized officer determines:
    (1) Will be occupied by the facilities authorized;
    (2) To be necessary for the construction, operation, maintenance, 
and termination of the authorized facilities;
    (3) To be necessary to protect the public health and safety; and
    (4) Will do no unnecessary damage to the environment.
    (h) Each grant or permit shall specify its term. The term of the 
grant shall be limited to a reasonable period. A reasonable period for a 
right-of-way grant may range from a month to a year or a term of years 
to perpetuity. The term for a temporary use shall not exceed 3 years. In 
determining the period for any specific grant or permit, the authorized 
officer shall provide for a term necessary to accomplish the purpose of 
the authorization. Factors to be considered by the authorized officer 
for the purpose of establishing an equitable term pertaining to the use 
include, but are not limited to:
    (1) Public purpose served;
    (2) Cost and useful life of the facility; and
    (3) Time limitations imposed by required licenses or permits that 
the holder is required to secure from other Federal or State agencies.
    (i) Each grant issued for a term of 20 years or more shall contain a 
provision requiring periodic review of the grant at the end of the 
twentieth year and at regular intervals thereafter not to exceed 10 
years.
    (j) Each grant shall have a provision stating whether it is 
renewable or not and if renewable, the terms and conditions applicable 
to the renewal.
    (k) Each grant shall not only comply with the regulations of this 
part, but also, comply with the provisions of any other applicable law 
and implementing regulations as appropriate.

[45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 60 
FR 57070, Nov. 13, 1995]