[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2310.3-5]

[Page 89]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2300_LAND WITHDRAWALS--Table of Contents
 
              Subpart 2310_Withdrawals, General: Procedure
 
Sec. 2310.3-5  Compensation for improvements.

    (a) When an application is allowed, the applicant shall compensate 
the holder of record of each permit, license or lease lawfully 
terminated or revoked after the allowance of an application, for all 
authorized improvements placed on the lands under the terms and 
conditions of the permit, license or lease, before the lands were 
segregated or withdrawn. The amount of such compensation shall be 
determined by an appraisal as of the date of revocation or termination 
of the permit, license or lease, but shall not exceed fair market value. 
To the extent such improvements were constructed with Federal funds, 
they shall not be compensable unless the United States has been 
reimbursed for such funds prior to the allowance of the application and 
then only to the extent of the sum that the United States has received.
    (b) When an application is allowed that affects public lands which 
are subject to permits or leases for the grazing of domestic livestock 
and that is required to be terminated, the applicant shall comply with 
the cancellation notice and compensation requirements of section 402(g) 
of the Act (43 U.S.C. 1752(g)), to the extent applicable.