[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: 43CFR2800.0-7]

[Page 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. 2800.0-7  Scope.

    This part sets forth regulations governing:
    (a) Issuing, amending or renewing right-of-way grants for necessary 
transportation or other systems or facilities which are in the public 
interest and which require rights-of-way over, upon, under or through 
public lands, including but not limited to:
    (1) Reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, 
tunnels and other facilities and systems for the impoundment, storage, 
transportation or distribution of water;
    (2) Pipelines and other systems for the transportation or 
distribution of liquids and gases, other than water and other than oil, 
natural gas, synthetic liquid or gaseous fuels, or any refined product 
produced therefrom, and for storage and terminal facilities in 
connection therewith;
    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 
transportation and distribution of solid materials, and facilities for 
the storage of such materials in connection therewith;
    (4) Systems for generation, transmission and distribution of 
electric energy, except that the applicant shall also comply with all 
applicable requirements of the Federal Energy Regulatory Commission 
under the Federal Power Act of 1935 (16 U.S.C. 791);
    (5) Systems for transmission or reception of radio, television, 
telephone, telegraph and other electronic signals, and other means of 
communication;
    (6) Roads, trails, highways, railroads, canals, tunnels, tramways, 
airways, livestock driveways or other means of transportation except 
where such facilities are constructed and maintained in connection with 
commercial recreation facilities on lands in the National Forest System;
    (7) Such other necessary transportation or other systems or 
facilities which are in the public interest and which require rights-of-
way over, upon, under or through such lands; or
    (8) Rights-of-way to any Federal department or agency for pipeline 
purposes for the transportation of oil, natural gas, synthetic liquid or 
gaseous fuels, or any product produced therefrom.
    (b) Temporary use of additional public lands for such purposes as 
the Secretary determines to be reasonably necessary for construction, 
operation, maintenance or termination of rights-of-way, or for access to 
the project or a portion of the project.
    (c) However, the regulations contained in this part do not cover 
right-of-way grants for: Federal Aid Highways, roads constructed or used 
pursuant to cost share or reciprocal road use agreements, wilderness 
areas, and oil, gas and petroleum products pipelines except as provided 
for in Sec. 2800.0-7(a)(8) of this title.