[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: 43CFR2806.23]



[Page 250-251]

 

                    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. 2806.23  How must I make rental payments for a linear grant?



    (a) For linear grants, except those issued in perpetuity, you must 

make either nonrefundable annual payments or a nonrefundable payment for 

more than 1 year, as follows:

    (1) One-time payments. You may pay in advance the required rent 

amount for the entire term of the grant.

    (2) If you choose not to make a one-time payment, you must pay 

according to one of the following methods, as applicable:

    (i) Payments by individuals. If your annual rent is $100 or less, 

you must pay at 10-year intervals not to exceed the term of the grant. 

If your annual rent is greater than $100, you may pay annually or at 

multi-year intervals that you may choose.

    (ii) Payments by all others. You must pay rent at 10-year intervals 

not to exceed the term of the grant.

    (b) BLM considers the first partial calendar year in the rent 

payment period to be the first year of the rental payment term. BLM 

prorates the first year rental amount based on the number of months left 

in the calendar year after the effective date of the grant.

    (c) Perpetual grants. For linear grants issued in perpetuity, you 

must make a one-time rental payment before BLM will issue the grant, 

except individuals may choose to make rental payments as provided in 

paragraph (a)(2)(i) of this section. BLM determines the one-time payment 

as follows:

    (1) BLM will calculate rent for grants issued in perpetuity by 

multiplying the annual rent by 100; or

    (2) You may request from BLM a rent determination based on the 

prevailing price established by general practice in



[[Page 251]]



the vicinity of the right-of-way. You must:

    (i) Prepare a report, at your expense, that explains how you 

estimated the rent;

    (ii) Complete it to Federal appraisal standards; and

    (iii) Submit it for consideration and approval by the BLM State 

Director with jurisdiction over the lands in the grant. If the BLM State 

Director does not approve the rent estimated in your report, you may 

appeal the decision under Sec. 2801.10 of this part.



                    Communication Site Rights-of-Way