[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: 43CFR2881.2]

[Page 277-278]
 
                    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. 2881.2  Terms and conditions of interest granted.

    (a) An applicant, by accepting a right-of-way grant or a temporary 
use permit, 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 pipeline system construction, operation and maintenance which is 
authorized and all such additional State and Federal law, 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 and maintenance of the 
pipeline and related facilities, 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 build and repair roads, fences and trails that may be 
destroyed or damaged by construction, operation or maintenance of the 
pipeline and related facilities and to build and maintain suitable 
crossings for roads and trails that intersect the right-of-way and 
related facilities; and
    (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 near the right-of-way and related facilities. 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, or amended under these regulations shall contain such terms, 
conditions, and

[[Page 278]]

stipulations as may be prescribed 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;
    (2) Requirements to insure that activities in connection with the 
right-of-way grant or temporary use permit shall not violate applicable 
air and water quality standards or related facility siting standards 
established by or pursuant to applicable Federal and State law;
    (3) Requirements designed to control or prevent damage to the 
environment (including damage to fish and wildlife habitat), damage to 
public or private property, and hazards to public health and safety; and
    (4) Requirements to protect the interests of individuals living in 
the general vicinity of the right-of-way or temporary use permit area 
who rely on the fish, wildlife, and biotic resources of the area for 
subsistence purposes.
    (c) Right-of-way grants or temporary use permits issued, renewed, or 
amended under this title shall include requirements which comply with 
applicable Federal and State law that will protect the safety and health 
of pipeline workers and the general public, including, but not limited 
to, protection against the sudden rupture and slow degradation of the 
pipeline. Applicants and holders shall design, construct, operate, and 
maintain all facilities in accordance with applicable Federal and State 
law governing pipelines and pipeline construction.

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