[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: 43CFR2885.13]



[Page 291]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2880_RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents

 

        Subpart 2885_Terms and Conditions of MLA Grants and TUPs

 

Sec.  2885.13  What rights does the United States retain?



    The United States retains and may exercise any rights the grant or 

TUP does not expressly convey to you. These include the United States' 

right to:

    (a) Access the lands covered by the grant or TUP at any time and 

enter any facility you construct on the right-of-way or TUP area. BLM 

will give you reasonable notice before it enters any facility on the 

right-of-way or TUP area;

    (b) Require common use of your right-of-way or TUP area, including 

subsurface and air space, and authorize use of the right-of-way or TUP 

area for compatible uses. You may not charge for the use of the lands 

made subject to such additional right-of-way grants;

    (c) Retain ownership of the resources of the land covered by the 

grant or TUP, including timber and vegetative or mineral materials and 

any other living or non-living resources. You have no right to use these 

resources, except as noted in Sec.  2885.12 of this subpart;

    (d) Determine whether or not your grant is renewable; and

    (e) Change the terms and conditions of your grant or TUP as a result 

of changes in legislation, regulation, or as otherwise necessary to 

protect public health or safety or the environment.