[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: 43CFR2805.12]



[Page 245-246]

 

                    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 2805_Terms and Conditions of Grants

 

Sec.  2805.12  What terms and conditions must I comply with?



    By accepting a grant, you agree to comply with and be bound by the 

following terms and conditions. During construction, operation, 

maintenance, and termination of the project you must:

    (a) To the extent practicable, comply with all existing and 

subsequently enacted, issued, or amended Federal laws and regulations 

and state laws and regulations applicable to the authorized use;

    (b) Rebuild and repair roads, fences, and established trails 

destroyed or damaged by the project;

    (c) Build and maintain suitable crossings for existing roads and 

significant trails that intersect the project;

    (d) Do everything reasonable to prevent and suppress wildfires on or 

in the immediate vicinity of the right-of-way area;

    (e) Not discriminate against any employee or applicant for 

employment during any phase of the project because of race, creed, 

color, sex, or national origin. You must also require subcontractors to 

not discriminate;

    (f) Pay monitoring fees and rent described in Sec.  2805.16 of this 

subpart and subpart 2806 of this part;

    (g) If BLM requires, obtain, and/or certify that you have obtained, 

a surety bond or other acceptable security to cover any losses, damages, 

or injury to human health, the environment, and property in connection 

with your use and occupancy of the right-of-way, including terminating 

the grant, and to secure all obligations imposed by the grant and 

applicable laws and regulations. If you plan to use hazardous materials 

in the operation of your grant, you must provide a bond that covers 

liability for damages or injuries resulting from releases or discharges 

of hazardous materials. BLM may require a bond, an increase or decrease 

in the value of an existing bond, or other acceptable security at any 

time during the term of the grant;

    (h) Assume full liability if third parties are injured or damages 

occur to property on or near the right-of-way (see Sec.  2807.12 of this 

part);

    (i) Comply with project-specific terms, conditions, and 

stipulations, including requirements to:

    (1) Restore, revegetate, and curtail erosion or conduct any other 

rehabilitation measure BLM determines necessary;

    (2) Ensure that activities in connection with the grant comply with 

air and water quality standards or related facility siting standards 

contained in applicable Federal or state law or regulations;

    (3) Control or prevent damage to:

    (i) Scenic, aesthetic, cultural, and environmental values, including 

fish and wildlife habitat;

    (ii) Public and private property; and

    (iii) Public health and safety;

    (4) Protect the interests of individuals living in the general area 

who rely on the area for subsistence uses as that term is used in Title 

VIII of Alaska National Interest Lands Conservation Act (ANILCA) (16 

U.S.C. 3111 et seq.);

    (5) Ensure that you construct, operate, maintain, and terminate the 

facilities on the lands in the right-of-way in a manner consistent with 

the grant;

    (6) When the state standards are more stringent than Federal 

standards, comply with state standards for public health and safety, 

environmental protection, and siting, constructing, operating, and 

maintaining any facilities and improvements on the right-of-way; and

    (7) Grant BLM an equivalent authorization for an access road across 

your land if BLM determines the reciprocal authorization is needed in 

the public interest and the authorization BLM issues to you is also for 

road access;

    (j) Immediately notify all Federal, state, tribal, and local 

agencies of any release or discharge of hazardous material reportable to 

such entity under applicable law. You must also notify BLM at the same 

time, and send BLM a copy of any written notification you prepared;



[[Page 246]]



    (k) Not dispose of or store hazardous material on your right-of-way, 

except as provided by the terms, conditions, and stipulations of your 

grant;

    (l) Certify your compliance with all requirements of the Emergency 

Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001 et 

seq., when you receive, assign, renew, amend, or terminate your grant;

    (m) Control and remove any release or discharge of hazardous 

material on or near the right-of-way arising in connection with your use 

and occupancy of the right-of-way, whether or not the release or 

discharge is authorized under the grant. You must also remediate and 

restore lands and resources affected by the release or discharge to 

BLM's satisfaction and to the satisfaction of any other Federal, state, 

tribal, or local agency having jurisdiction over the land, resource, or 

hazardous material;

    (n) Comply with all liability and indemnification provisions and 

stipulations in the grant;

    (o) As BLM directs, provide diagrams or maps showing the location of 

any constructed facility; and

    (p) Comply with all other stipulations that BLM may require.