[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2310.3-5]



[Page 85]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2300_LAND WITHDRAWALS--Table of Contents

 

              Subpart 2310_Withdrawals, General: Procedure

 

Sec.  2310.3-5  Compensation for improvements.



    (a) When an application is allowed, the applicant shall compensate 

the holder of record of each permit, license or lease lawfully 

terminated or revoked after the allowance of an application, for all 

authorized improvements placed on the lands under the terms and 

conditions of the permit, license or lease, before the lands were 

segregated or withdrawn. The amount of such compensation shall be 

determined by an appraisal as of the date of revocation or termination 

of the permit, license or lease, but shall not exceed fair market value. 

To the extent such improvements were constructed with Federal funds, 

they shall not be compensable unless the United States has been 

reimbursed for such funds prior to the allowance of the application and 

then only to the extent of the sum that the United States has received.

    (b) When an application is allowed that affects public lands which 

are subject to permits or leases for the grazing of domestic livestock 

and that is required to be terminated, the applicant shall comply with 

the cancellation notice and compensation requirements of section 402(g) 

of the Act (43 U.S.C. 1752(g)), to the extent applicable.