[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2802.10]



[Page 236]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2800_RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT

--Table of Contents

 

              Subpart 2802_Lands Available for FLPMA Grants

 

Sec. 2802.10  What lands are available for grants?





    (a) In its discretion, BLM may grant rights-of-way on any lands 

under its jurisdiction except when:

    (1) A statute, regulation, or public land order specifically 

excludes rights-of-way;

    (2) The lands are specifically segregated or withdrawn from right-

of-way uses; or

    (3) BLM identifies areas in its land use plans or in the analysis of 

an application as inappropriate for right-of-way uses.

    (b) BLM may require common use of a right-of-way and may require, to 

the extent practical, location of new rights-of-way within existing or 

designated right-of-way corridors (see Sec. 2802.11 of this subpart). 

Safety and other considerations may limit the extent to which you may 

share a right-of-way. BLM will designate right-of-way corridors through 

land use plan decisions.

    (c) You should contact the BLM office nearest the lands you seek to 

use to:

    (1) Determine whether or not the land you want to use is available 

for that use; and

    (2) Begin discussions about any application you may need to file.