[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: 43CFR2805.11]



[Page 244-245]

 

                    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. 2805.11  What does a grant contain?



    The grant states what your rights are on the lands subject to the 

grant and contains information about:

    (a) What lands you can use or occupy. The lands may or may not 

correspond to those for which you applied. BLM will limit the grant to 

those lands which BLM determines:

    (1) You will occupy with authorized facilities;

    (2) Are necessary for constructing, operating, maintaining, and 

terminating the authorized facilities;

    (3) Are necessary to protect the public health and safety;

    (4) Will not unnecessarily damage the environment; and

    (5) Will not result in unnecessary or undue degradation.

    (b) How long you can use the right-of-way. Each grant will state the 

length of time that you are authorized to use the right-of-way.

    (1) BLM will consider the following factors in establishing a 

reasonable term:

    (i) The public purpose served;

    (ii) Cost and useful life of the facility;

    (iii) Time limitations imposed by licenses or permits required by 

other Federal agencies and state, tribal, or local governments; and



[[Page 245]]



    (iv) The time necessary to accomplish the purpose of the grant.

    (2) All grants, except those issued for a term of less than one year 

and those issued in perpetuity, expire on December 31 of the final year 

of the grant.

    (c) How you can use the right-of-way. You may only use the right-of-

way for the specific use the grant authorizes.