[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: 43CFR2803.4]

[Page 250-251]
 
                    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 2803_Administration of Rights Granted
 
Sec. 2803.4  Suspension and termination of right-of-way authorizations.

    (a) If the right-of-way grant or temporary use permit provides by 
its terms that it shall terminate on the occurrence of a fixed or 
agreed-upon condition, event, or time, the right-of-way authorization 
shall thereupon automatically terminate by operation of law, unless some 
other procedure is specified in the right-of-way grant or temporary use 
permit. The authorized officer may terminate a right-of-way grant or 
temporary use permit when the holder requests or consents to its 
termination in writing.
    (b) The authorized officer may suspend or terminate a right-of-way 
grant or temporary use permit if he determines that the holder has 
failed to comply with applicable laws or regulations, or any terms, 
conditions or stipulations of the right-of-way grant or temporary use 
permit or has abandoned the right-of-way.
    (c) Failure of the holder of a right-of-way grant to use the right-
of-way for the purpose for which the authorization was issued for any 
continuous five-year period shall constitute a presumption of 
abandonment. The holder may rebut the presumption by proving

[[Page 251]]

that his failure to use the right-of-way was due to circumstances not 
within the holder's control.
    (d) Before suspending or terminating a right-of-way grant pursuant 
to paragraph (b) of this section, the authorized officer shall give the 
holder written notice that such action is contemplated and the grounds 
therefor and shall allow the holder a reasonable opportunity to cure 
such noncompliance.
    (e) In the case of a right-of-way grant that is under its terms an 
easement, the authorized officer shall give written notice to the holder 
of the suspension or termination and shall refer the matter to the 
Office of Hearings and Appeals for a hearing before an Administrative 
Law Judge pursuant to 43 CFR part 4. If the Administrative Law Judge 
determines that grounds for suspension or termination exist and such 
action is justified, the authorized officer shall suspend or terminate 
the right-of-way grant.

[45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982]