[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: 43CFR2806.14]



[Page 248-249]

 

                    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 2806_Rents

 

Sec. 2806.14  Under what circumstances am I exempt from paying rent?



    You do not have to pay rent for your use if:

    (a) BLM issues the grant under a statute which does not allow BLM to 

charge rent;

    (b) You are a Federal, state, or local government or its agent or 

instrumentality, unless you are:

    (1) Using the facility, system, space, or any part of the right-of-

way area for commercial purposes; or

    (2) A municipal utility or cooperative whose principal source of 

revenue is customer charges;

    (c) You have been granted an exemption under a statute providing for 

such; or

    (d) Electric or telephone facilities constructed on the right-of-way 

were financed in whole or in part, or eligible for financing, under the 

Rural Electrification Act of 1936, as amended (REA) (7 U.S.C. 901 et 

seq.), or are extensions of such facilities. You do not need to have 

sought financing from the Rural Utilities Service to qualify for this 

exemption. BLM may require you to document the facility's eligibility 

for REA financing. For communication site facilities, adding or 

including non-



[[Page 249]]



eligible facilities as, for example, by tenants or customers, on the 

right-of-way will subject the holder to rent in accordance with 

Sec. Sec. 2806.30 through 2806.44 of this subpart.