[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: 43CFR2802.11]



[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. 2802.11  How does BLM designate corridors?



    (a) BLM may determine the locations and boundaries of right-of-way 

corridors during the land-use planning process described in part 1600 of 

this chapter. During this process BLM coordinates with other Federal 

agencies, state, local, and tribal governments, and the public to 

identify resource-related issues, concerns, and needs. The process 

results in a resource management plan or plan amendment, which addresses 

to what extent you may use public lands and resources for specific 

purposes.

    (b) When determining which lands may be suitable for right-of-way 

corridors, the factors BLM considers include, but are not limited to, 

the following:

    (1) Federal, state, and local land use plans, and applicable 

Federal, state, local, and tribal laws;

    (2) Environmental impacts on cultural resources and natural 

resources, including air, water, soil, fish, wildlife, and vegetation;

    (3) Physical effects and constraints on corridor placement due to 

geology, hydrology, meteorology, soil, or land forms;

    (4) Costs of construction, operation, and maintenance and costs of 

modifying or relocating existing facilities in a proposed right-of-way 

corridor (i.e., the economic efficiency of placing a right-of-way within 

a proposed corridor);

    (5) Risks to national security;

    (6) Potential health and safety hazards imposed on the public by 

facilities or activities located within the proposed right-of-way 

corridor;

    (7) Social and economic impacts of the right-of-way corridor on 

public land users, adjacent landowners, and other groups or individuals;

    (8) Transportation and utility corridor studies previously developed 

by user groups; and

    (9) Engineering and technological compatibility of proposed and 

existing facilities.

    (c) BLM may designate any transportation and utility corridor 

existing prior to October 21, 1976, as a transportation and utility 

corridor without further review.

    (d) The resource management plan or plan amendment may also identify 

areas where BLM will not allow right-of-way corridors for environmental, 

safety, or other reasons.