[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: 43CFR2801.9]



[Page 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.  2801.9  When do I need a grant?



    (a) You must have a grant under this part when you plan to use 

public lands for systems or facilities over, under, on, or through 

public lands. These include, but are not limited to:

    (1) Reservoirs, canals, ditches, flumes, laterals, pipelines, 

tunnels, and other systems which impound, store, transport, or 

distribute water;

    (2) Pipelines and other systems for transporting or distributing 

liquids and gases, other than water and other than oil, natural gas, 

synthetic liquid or gaseous fuels, or any refined products from them, or 

for storage and terminal facilities used in connection with them;

    (3) Pipelines, slurry and emulsion systems, and conveyor belts for 

transporting and distributing solid materials and facilities for storing 

such materials in connection with them;

    (4) Systems for generating, transmitting, and distributing 

electricity;

    (5) Systems for transmitting or receiving electronic signals and 

other means of communication;

    (6) Transportation systems, such as roads, trails, highways, 

railroads, canals, tunnels, tramways, airways, and livestock driveways; 

and

    (7) Such other necessary transportation or other systems or 

facilities which are in the public interest and which require rights-of-

way.

    (b) If you apply for a right-of-way grant for generating, 

transmitting, and distributing electricity, you must also comply with 

the applicable requirements of the Federal Energy Regulatory Commission 

under the Federal Power Act of 1935, 16 U.S.C. 791a et seq., and 18 CFR 

chapter I.

    (c) See part 2880 of this chapter for information about 

authorizations BLM issues under the Mineral Leasing Act for transporting 

oil and gas resources.