[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: 43CFR2881.1-1]

[Page 276-277]
 
                    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 2881_Terms and Conditions of Right-of-Way Grants and Temporary 
                               Use Permits
 
Sec. 2881.1-1  Nature of right-of-way interest.

    (a) The United States retains a right to use a right-of-way and 
temporary use permit area or authorize the use of it to others in any 
manner not inconsistent with pipeline construction, operation, 
maintenance, and termination. The holder of a right-of-way grant or 
temporary use permit has no right to any of the products of the land 
including, but not limited to, timber, forage, mineral, and animal 
resources. The holder may not allow the use of a right-of-way or 
temporary use permit area by others except its contractors, 
subcontractors, employees, agents or servants for purposes of 
construction, operation, maintenance, or termination of the pipeline.
    (b) A holder shall not use a right-of-way and temporary use permit 
area for any purpose other than for the construction, operation, 
maintenance, and termination of the pipeline specified in the holders 
right-of-way grant. A holder shall not locate or construct any other 
pipelines, including looping lines, or other improvements within a 
right-of-way without first securing appropriate authorization therefor.
    (c) The width of a right-of-way shall not exceed 50 feet plus the 
ground occupied by the pipeline (that is, the pipe and related 
facilities) unless the authorized officer finds and records the reasons 
for his finding, that a wider right-of-way is necessary for operation 
and maintenance after construction, or to protect the environment or 
public safety.
    (d) An applicant may apply to the authorized officer for a wider 
right-of-way in limited areas, if necessary:
    (1) For the operation and maintenance of the project after 
construction;
    (2) To protect the environment; or
    (3) To provide for the public safety. If the authorized officer 
finds that the additional width is necessary for one of the above 
reasons, he may authorize a wider width. Such authorization shall 
include a written report recording the reasons why the additional width 
is necessary.
    (e) A right-of-way grant issued or renewed under these regulations 
shall be limited to a reasonable term, not to exceed 30 years. No term 
shall be longer than is necessary to accomplish the purpose of the 
grant. The authorized officer shall determine the duration of each 
right-of-way grant, taking into consideration, among other things:
    (1) The cost of the facility,
    (2) Its useful life,
    (3) Any public purpose it serves, and
    (4) Potentially conflicting uses of the land.
    (f) Except where a right-of-way grant has terminated by its terms 
upon the occurrence of a fixed or agreed upon condition, event, or time, 
it shall be renewed if the pipeline is being operated and maintained in 
accordance with all provisions of the right-of-way grant, these 
regulations and the Act. The authorized officer may modify the terms and 
conditions of the right-of-way grant at the time of renewal.
    (g) No purported transfer of an interest in a right-of-way grant, a 
right-of-way, or any portion of a pipeline system located within a 
right-of-way, shall be valid without the prior written approval of the 
authorized officer. Applications for such approval shall be directed to 
the authorized officer. A transferee shall meet all the requirements of 
an original pipeline right-of-way grantee is bound by and shall assume 
all of the transferor's responsibility to the United States with respect 
to the transferred interest and shall agree to be bound by all terms of 
any outstanding right-of-way grant or temporary use permit. Applications 
for a

[[Page 277]]

transfer of interest shall be accompanied by a nonrefundable fee of $50, 
except that where a holder assigns more than 1 right-of-way grant as 
part of a single action, the authorized officer, due to economies of 
scale, may set a fee of less than $50 per assignment.

[44 FR 58129, Oct. 9, 1979, as amended at 52 FR 25821, July 8, 1987]