[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: 43CFR2805.10]



[Page 244]

 

                    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 2805_Terms and Conditions of Grants

 

Sec. 2805.10  How will I know whether BLM has approved or denied my 

application?





    (a) BLM will send you a written response on your application. If we 

do not deny the application, we will send you an unsigned grant for your 

review and signature that:

    (1) Includes any terms, conditions, and stipulations that BLM 

determines to be in the public interest. This includes modifying your 

proposed use or changing the route or location of the facilities;

    (2) May include terms that prevent your use of the right-of-way 

until you have an approved Plan of Development and BLM has issued a 

Notice to Proceed; and

    (3) Will impose a specific term for the grant. Each grant that BLM 

issues for 20 or more years will contain a provision requiring periodic 

review at the end of the twentieth year and subsequently at 10-year 

intervals. BLM may change the terms and conditions of the grant as a 

result of these reviews in accordance with Sec. 2805.15(e) of this 

subpart.

    (b) If you agree with the terms and conditions of the unsigned 

grant, you should sign and return it to BLM with any payment required 

under Sec. 2805.16 of this subpart. BLM will sign the grant and return 

it to you with a final decision issuing the grant if the regulations in 

this part, including Sec. 2804.26, remain satisfied. You may appeal 

this decision under Sec. 2801.10 of this part.

    (c) If BLM denies your application, we will send you a written 

decision that will:

    (1) State the reasons for the denial (see Sec. 2804.26 of this 

part);

    (2) Identify any processing costs you must pay (see Sec. 2804.14 of 

this part); and

    (3) Notify you of your right to appeal this decision under Sec. 

2801.10 of this part.