[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: 43CFR2801.6]



[Page 234-235]

 

                    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 2801_General information

 

Sec.  2801.6  Scope.



    (a) What do these regulations apply to? The regulations in this part 

apply to:

    (1) Grants for necessary transportation or other systems and 

facilities which are in the public interest and which require the use of 

public lands for the purposes identified in 43 U.S.C. 1761, and 

administering, amending, assigning, renewing, and terminating them;

    (2) Grants to Federal departments or agencies for transporting by 

pipeline and related facilities oil, natural gas, synthetic liquid or 

gaseous fuels, and any refined products produced from them; and

    (3) Grants issued on or before October 21, 1976, under then existing 

statutory authority, unless application of these regulations would 

diminish or reduce any rights conferred by the original grant or the 

statute under which it was issued. Where there would be a diminishment 

or reduction in any right, the grant or statute applies.

    (b) What don't these regulations apply to? The regulations in this 

part do not apply to:

    (1) Federal Aid Highways, for which Federal Highway Administration 

procedures apply;

    (2) Roads constructed or used according to reciprocal and cost share 

road use agreement under subpart 2812 of this chapter;



[[Page 235]]



    (3) Lands within designated wilderness areas, although BLM may 

authorize some uses under parts 2920 and 6300 of this chapter;

    (4) Grants to holders other than Federal departments or agencies for 

transporting by pipeline and related facilities oil, natural gas, 

synthetic liquid or gaseous fuels, or any refined product produced from 

them (see part 2880 of this chapter);

    (5) Public highways constructed under the authority of Revised 

Statute (R.S.) 2477 (43 U.S.C. 932, repealed October 21, 1976);

    (6) Reservoirs, canals, and ditches constructed under the authority 

of R.S. 2339 and R.S. 2340 (43 U.S.C. 661, repealed in part, October 21, 

1976); or

    (7)(i) Any project or portion of a project that, prior to October 

24, 1992, was licensed under, or granted an exemption from, part I of 

the Federal Power Act (FPA) (16 U.S.C. 791a et seq.) which:

    (A) Is located on lands subject to a reservation under section 24 

(16 U.S.C. 818) of the FPA;

    (B) Did not receive a grant under Title V of the Federal Land Policy 

and Management Act (FLPMA) before October 24, 1992; and

    (C) Includes continued operation of such project (license renewal) 

under section 15 (16 U.S.C. 808) of the FPA;

    (ii) Paragraph (b)(7)(i) of this section does not apply to any 

additional public lands the project uses that are not subject to the 

reservation in paragraph (b)(7)(i)(A) of this section.