[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: 43CFR2800.0-5] [Page 234-236] 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 2800_Rights-of-Way: General Sec. 2800.0-5 Definitions. As used in this part, the term: (a) Act means the Federal Land Policy and Management Act of October 21, 1976 (43 U.S.C. 1701 et seq.). (b) Secretary means the Secretary of the Interior. (c) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this part. (d) Public lands means any lands or interest in land owned by the United States and administered by the Secretary through the Bureau of Land Management, without regard to how the United States acquired ownership, except: (1) Lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts and Eskimos. (e) Applicant means any qualified individual, partnership, corporation, association or other business entity, and any Federal, State or local governmental entity including municipal corporations which applies for a right-of-way grant or a temporary use permit. (f) Holder means any applicant who has received a right-of-way grant or temporary use permit. (g) Right-of-way means the public lands authorized to be used or occupied pursuant to a right-of-way grant. (h) Right-of-way grant means an instrument issued pursuant to title V of the act, or issued on or before October 21, 1976, pursuant to then existing statutory authority, authorizing the use of a right-of-way over, upon, under or through public lands for construction, operation, maintenance and termination of a project. (i) Temporary use permit means a revocable non-possessory, non- exclusive privilege, authorizing temporary use of public lands in connection with construction, operation, maintenance, or termination of a project. (j) Facility means an improvement constructed or to be constructed or used within a right-of-way pursuant to a right-of-way grant. For purposes of communication site rights-of-way, facility means the building, tower, and/or other related incidental improvements authorized under terms of the right-of-way grant. (k) Project means the transportation or other system for which the right-of-way is authorized. (l) Designated right-of-way corridor means a parcel of land either linear or areal in character that has been identified by law, by Secretarial Order, through the land use planning process or by other management decision as being a preferred location for existing and future right-of-way grants and suitable to accommodate more than 1 type of right-of-way or 1 or more [[Page 235]] rights-of-way which are similar, identical or compatible; and (m) Casual use means activities that involve practices which do not ordinarily cause any appreciable disturbance or damage to the public lands, resources or improvements and, therefore, do not require a right- of-way grant or temporary use permit under this title. (n) Transportation and utility corridor means a parcel of land, without fixed limits or boundaries, that is being used as the location for 1 or more transportation or utility right-of-way. (o) Actual costs means the financial measure of resources expended or used by the Bureau of Land Management in processing a right-of-way application or monitoring the construction, operation and termination of a facility authorized by a grant or permit. Actual costs includes both direct and indirect costs, exclusive of management overhead. (p) Monetary value of the rights and privileges sought means the objective value of the right-of-way or permit or what the right-of-way grant or temporary use permit is worth in financial terms to the applicant. (q) Cost incurred for the benefit of the general public interest (public benefit) means funds expended by the United States in connection with the processing of an application for studies and data collection determined to have value or utility to the United States or the general public separate and apart from application processing. (r) Public service provided means tangible improvements, such as roads, trails, recreation facilities, etc., with significant public value that are expected in connection with the construction and operation of the project for which a right-of-way grant is sought. (s) Efficiency to the Government processing means the ability of the United States to process an application with a minimum of waste, expense and effort. (t) Management overhead costs means costs associated with the Bureau directorate, including all State Directors and the entire Washington Office staff, except where a member of such staffs is required to perform work on a specific right-of-way or temporary use permit case. (u) Trespass means any use, occupancy or development of the public lands or their resources without authorization to do so from the United States where authorization is required, or which exceeds such authorization or which causes unnecessary or undue degradation of the land or resources. (v) Willful trespass means the voluntary or conscious trespass as defined at subpart 2801 of this title. The term does not include an act made by mistake or inadvertence. The term includes actions taken with criminal or malicious intent. A consistent pattern of trespass may be sufficient to establish the knowing or willful nature of the conduct, where such consistent pattern is neither the result of mistake or inadvertence. Conduct which is otherwise regarded as being knowing or willful does not become innocent through the belief that the conduct is reasonable or legal. (w) Nonwillful trespass means a trespass, as defined at Sec. 2801.3(a) of this title, committed by mistake or inadvertence. (x) Unnecessary or undue degradation means surface disturbance greater than that which would normally result when the same or a similar activity is being accomplished by a prudent person in a usual, customary, and proficient manner that takes into consideration the effects of the activity on other resources and land uses, including those resources and uses outside the area of activity. This disturbance may be either nonwillful or willful as described in Sec. 2800.0-5(v) through (w), depending upon the circumstances, (y) Written demand means a request in writing for payment and/or rehabilitation in the form of a billing delivered by certified mail, return receipt requested or personally served. (z) Road use, amortization and maintenance charges means the fees charged for commercial use of a road owned or controlled by the Bureau of Land Management. These fees normally include use fees, amortization fees and maintenance fees. (aa) Base rent means the amount required to be paid by the holder of a right-of-way on public lands for the [[Page 236]] communication use with the highest assigned schedule rent in the facility, in accordance with terms of the right-of-way grant. (bb) Tenant means an occupant who rents space in a facility and operates communication equipment in the facility to resell the communication service to others for a profit. For purposes of calculating rent, the term ``tenant'' does not include private mobile radio or those uses included in the category of Other Communication Uses. (cc) Customer means a person who is paying the facility owner or tenant for communication services, and is not reselling communication services to others. Persons or entities benefiting from private or internal communication uses located in a CMRS facility are considered customers for purposes of calculating rent. [45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 51 FR 6543, Feb. 25, 1986; 52 FR 25808, July 8, 1987; 54 FR 25854, June 20, 1989; 60 FR 57070, Nov. 13, 1995]