[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: 43CFR2806.15]



[Page 249]

 

                    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.  2806.15  Under what circumstances may BLM waive or reduce my rent?



    (a) BLM may waive or reduce your rent payment, even to zero in 

appropriate circumstances. BLM may require you to submit information to 

support a finding that your grant qualifies for a waiver or a reduction 

of rent.

    (b) BLM may waive or reduce your rent if you show BLM that:

    (1) You are a non-profit organization, corporation, or association 

which is not controlled by, or is not a subsidiary of, a profit making 

corporation or business enterprise and the facility or project will 

provide a benefit or special service to the general public or to a 

program of the Secretary;

    (2) You provide without charge, or at reduced rates, a valuable 

benefit to the public at large or to the programs of the Secretary of 

the Interior;

    (3) You hold a valid Federal authorization in connection with your 

grant and the United States is already receiving compensation for this 

authorization. This paragraph does not apply to oil and gas leases 

issued under part 3100 of this chapter; or

    (4) Your grant involves a cost share road or a reciprocal right-of-

way agreement not subject to subpart 2812 of this chapter. In these 

cases, BLM will determine the rent based on the proportion of use.

    (c) The BLM State Director may waive or reduce your rent payment if 

the BLM State Director determines that paying the full rent will cause 

you undue hardship and it is in the public interest to waive or reduce 

your rent. In your request for a waiver or rental reduction you must 

include a suggested alternative rental payment plan or timeframe within 

which you anticipate resuming full rental payments. BLM may also require 

you to submit specific financial and technical data or other information 

that corrects or modifies the statement of financial capability required 

by Sec.  2804.12(a)(5) of this part.