[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: 43CFR2801.2]

[Page 238-239]
 
                    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. 2801.2  Terms and conditions of interest granted.

    (a) An applicant by accepting a right-of-way grant, temporary use 
permit, assignment, amendment or renewal agrees and consents to comply 
with and be bound by the following terms and conditions, excepting those 
which the Secretary may waive in a particular case:
    (1) To the extent practicable, all State and Federal laws applicable 
to the authorized use and such additional State and Federal laws, along 
with the implementing regulations, that may be enacted and issued during 
the term of the grant or permit.
    (2) That in the construction, operation, maintenance and termination 
of the authorized use, there shall be no discrimination against any 
employee or applicant for employment because of race, creed, color, sex 
or national origin and all subcontracts shall include an identical 
provision.
    (3) To rebuild and repair roads, fences, and established trails that 
may be destroyed or damaged by construction, operation or maintenance of 
the project and to build and maintain suitable crossings for existing 
roads and significant trails that intersect the project.
    (4) To do everything reasonably within his or her power, both 
independently and upon request of the authorized officer, to prevent and 
suppress fires on or in the immediate vicinity of the right-of-way or 
permit area. This includes making available such construction and 
maintenance forces as may be reasonably obtained for the suppression of 
fires.
    (b) All right-of-way grants and temporary use permits issued, 
renewed,

[[Page 239]]

amended or assigned under these regulations shall contain such terms, 
conditions, and stipulations as may be required by the authorized 
officer regarding extent, duration, survey, location, construction, 
operation, maintenance, use and termination. The authorized officer 
shall impose stipulations which shall include, but shall not be limited 
to:
    (1) Requirements for restoration, revegetation and curtailment of 
erosion of the surface of the land, or any other rehabilitation measure 
determined necessary;
    (2) Requirements to ensure that activities in connection with the 
grant or permit shall not violate applicable air and water quality 
standards or related facility siting standards established by or 
pursuant to applicable Federal or State law;
    (3) Requirements designed to control or prevent damage to scenic, 
esthetic, cultural and environmental values (including damage to fish 
and wildlife habitat), damage to Federal property and hazards to public 
health and safety;
    (4) Requirements to protect the interests of individuals living in 
the general area who rely on the fish, wildlife and biotic resources of 
the area for subsistence purposes;
    (5) Requirements to ensure that the facilities to be constructed, 
used and operated on the prescribed location are maintained and operated 
in a manner consistent with the grant or permit; and
    (6) Requirements for compliance with State standards for public 
health and safety, environmental protection and siting, construction, 
operation and maintenance when those standards are more stringent than 
Federal standards.