[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: 43CFR2805.15]



[Page 246-247]

 

                    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. 2805.15  What rights does the United States retain?



    The United States retains and may exercise any rights the grant does 

not expressly convey to you. These include BLM's right to:

    (a) Access the lands covered by the grant at any time and enter any 

facility you construct on the right-of-way. BLM will give you reasonable 

notice before it enters any facility on the right-of-way;

    (b) Require common use of your right-of-way, including subsurface 

and air space, and authorize use of the right-of-way for compatible 

uses. You may not charge for the use of the lands made subject to such 

additional right-of-way grants;

    (c) Retain ownership of the resources of the land, including timber 

and vegetative or mineral materials and any other living or non-living 

resources. You have no right to use these resources, except as noted in 

Sec. 2805.14(e) of this subpart;

    (d) Determine whether or not your grant is renewable; and

    (e) Change the terms and conditions of your grant as a result of 

changes in legislation, regulation, or as otherwise



[[Page 247]]



necessary to protect public health or safety or the environment.