[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: 43CFR2880.0-5]

[Page 274-275]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2880_RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents
 
   Subpart 2880_Oil and Natural Gas Pipelines and Related Facilities: 
                                 General
 
Sec. 2880.0-5  Definitions.

    As used in this part, the term:
    (a) Act means section 28 of the Mineral Leasing Act of 1920, as 
amended (30 U.S.C. 185).
    (b) Agency head means the head of any Federal department or 
independent Federal office or agency, other than the Secretary of the 
Interior, who has jurisdiction over the surface of Federal lands.
    (c) Applicant means any individual, partnership, corporation, 
association, or other business entity, or any State or local 
governmental entity or agency, which applies for a right-of-way grant or 
temporary use permit under the Act.
    (d) Authorized officer means any employee of the department of the 
Interior to whom has been delegated the authority to perform the duties 
described in this part.
    (e) Federal lands means all lands owned by the United States except 
lands in the National Park System, lands held in trust for an Indian or 
Indian tribe, and lands on the Outer Continental Shelf.
    (f) Holder means any individual, partnership, corporation, 
association, or other business entity, or any State or local 
governmental entity or agency which has received a right-of-way grant or 
temporary use permit under the Act.
    (g) Oil or gas means oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom.
    (h) Temporary use permit means a revocable nonpossessory privilege 
to use specified Federal lands in the vicinity

[[Page 275]]

of a right-of-way in connection with the construction, operation, 
maintenance, or termination of a pipeline or for the protection of the 
natural environment or public safety.
    (i) Pipeline means a line of traversing Federal lands for 
transportation of oil or gas. The term includes feeder lines, trunk 
lines, and related facilities, but does not include a lessee's or lease 
operator's production facilities located on his lease.
    (j) Pipeline system means all facilities, whether or not located on 
Federal lands, used by a holder in connection with the construction, 
operation, maintenance, or termination of a pipeline.
    (k) Production facilities means a lessee's or lease operator's pipes 
and equipment used on his lease solely to aid in his extraction, 
storage, and processing of oil and gas. The term includes storage tanks 
and processing equipment, and gathering lines upstream from such tanks 
and equipment, or in the case of gas, upstream from the point of 
delivery. The term also includes pipes and equipment, such as water and 
gas injection lines, used in the production process for purposes other 
than carrying oil and gas downstream from the wellhead.
    (l) Related facilities means those structures, devices, 
improvements, and sites, the substantially continuous use of which is 
necessary for the operation or maintenance of a pipline, which are 
located on Federal lands, and which are authorized under the Act, 
including but not limited to: Supporting structures; airstrips; roads; 
campsites; pump stations, including associated heliports, structures, 
yards, and fences; valves, and other control devices; surge and storage 
tanks; bridges; monitoring and communication devices and structures 
housing them; terminals, including structures, yards, docks, fences, and 
storage tank facilities; retaining walls, berms, dikes, ditches, cuts, 
and fills; structures and areas for storing supplies and equipment. 
Related facilities may be connected or nonconnected or contiguous or 
noncontiguous to the pipe.
    (m) Right-of-way means the Federal land authorized to be occupied 
pursuant to a right-of-way grant.
    (n) Right-of-way grant means a document authorizing a nonpossessory, 
nonexclusive right to use Federal lands for the limited purpose of 
construction, operation, maintenance, and termination of a pipeline.
    (o) Secretary means the Secretary of the Interior.

[44 FR 58129, Oct. 9, 1979, as amended at 45 FR 59880, Sept. 11, 1980]