[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: 43CFR2912.1-1]



[Page 301-302]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2910_LEASES--Table of Contents

 

             Subpart 2912_Recreation and Public Purposes Act

 

Sec.  2912.1-1  Terms and conditions of lease.



    (a) The term of leases under the Recreation and Public Purposes Act, 

hereafter referred to as the Act, shall be fixed by the authorized 

officer but shall not exceed 20 years for nonprofit associations and 

nonprofit corporations, and 25 years for Federal, State, and local 

governmental entities. A lease may contain, at the discretion of the 

authorized officer, a provision giving the lessee the privilege of 

renewing the lease for a like period.

    (b) Leases shall be issued on a form approved by the Director, 

Bureau of Land Management and shall contain terms and conditions 

required by law, and public policy, and which the authorized officer 

considers necessary for the proper development of the land, for the 

protection of Federal property, and for the protection of the public 

interest.

    (c) Leases shall be terminable by the authorized officer upon 

failure of the lessee to comply with the terms of the lease, upon a 

finding, after notice and opportunity for hearing, that all or part of 

the land is being devoted to a use other than the use authorized by the 

lease, or upon a finding that the land has not been used by the lessee 

for the purpose specified in the lease for any consecutive period 

specified by the authorized officer. The specified period of non-use or 

unauthorized use shall not be less than 2 years nor more than 5 years.

    (d) Reasonable annual rentals shall be established by the Secretary 

of the Interior and shall be payable in advance. Upon notification of 

the amount



[[Page 302]]



of the yearly rental, a lease applicant shall be required to pay at 

least the first year's rental before the lease shall be issued. Upon the 

voluntary relinquishment of a lease before the expiration of its term, 

any rental paid for the unexpired portion of the term shall be returned 

to the lessee upon a proper application for repayment to the extent that 

the amount paid covers a full lease year or years of the remainder of 

the term of the original lease. Leases for recreational or historic-

monument purposes to a State, county or other State or Federal 

instrumentality or political subdivision shall be issued without 

monetary consideration.

    (e) Leases are not transferable except with the consent of the 

authorized officer. Transferees shall have all the qualifications of 

applicants under the Act and shall be subject to all the terms and 

conditions of the regulations in this part.

    (f) A lessee shall not be permitted to cut timber from the leased 

lands without prior permission from the authorized officer.

    (g) All leases shall reserve to the United States all minerals 

together with the right to mine and remove the same under applicable 

laws and regulations to be established by the Secretary of the Interior.