[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: 43CFR2920.7]



[Page 312-314]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2920_LEASES, PERMITS AND EASEMENTS--Table of Contents

 

     Subpart 2920_Leases, Permits and Easements: General Provisions

 

Sec.  2920.7  Terms and conditions.



    (a) In all land use authorizations the United States reserves the 

right to use the public lands or to authorize the use of the public 

lands by the general public in any way compatible or consistent with the 

authorized land use and such reservations shall be included as a part of 

all land use authorizations. Authorized representatives of the 

Department of the Interior, other Federal agencies and State and local 

law enforcement personnel shall at all times have the right to enter the 

premises on official business. Holders shall not close or otherwise 

obstruct the use of roads or trails commonly in public use.

    (b) Each land use authorization shall contain terms and conditions 

which shall:

    (1) Carry out the purposes of applicable law and regulations issued 

thereunder;

    (2) Minimize damage to scenic, cultural and aesthetic values, fish 

and



[[Page 313]]



wildlife habitat and otherwise protect the environment;

    (3) Require compliance with air and water quality standards 

established pursuant to applicable Federal or State law; and

    (4) Require compliance with State standards for public health and 

safety, environmental protection, siting, construction, operation and 

maintenance of, or for, such use if those standards are more stringent 

than applicable Federal standards.

    (c) Land use authorizations shall also contain such other terms and 

conditions as the authorized officer considers necessary to:

    (1) Protect Federal property and economic interests;

    (2) Manage efficiently the public lands which are subject to the use 

or adjacent to or occupied by such use;

    (3) Protect lives and property;

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

of the use who rely on the fish, wildlife and other biotic resources of 

the area for subsistence purposes;

    (5) Require the use to be located in an area which shall cause least 

damage to the environment, taking into consideration feasibility and 

other relevant factors; and

    (6) Otherwise protect the public interest.

    (d) A holder shall be required to secure authorization under 

applicable law to pay in advance the fair market value, as determined by 

the authorized officer, of any mineral, vegetative materials (including 

timber) to be cut, removed, used or destroyed on public lands.

    (e) A holder shall not use the public lands for any purposes other 

than those specified in the land use authorization without the approval 

of the authorized officer.

    (f) Liability provisions:

    (1) Holders of a land use authorization and all owners of any 

interest in, and all affiliates or subsidiaries of any holder of a land 

use authorization issued under these regulations shall pay the United 

States the full value for all injuries or damage to public lands or 

other property of the United States caused by the holder or by its 

employees, agents or servants, or by a contractor, its employees, agents 

or servants, except holders shall be held to standards of strict 

liability where the Secretary of the Interior determines that the 

activities taking place on the area covered by the land use 

authorization present a foreseeable hazard or risk of danger to public 

lands or other property of the United States. Strict liability shall not 

be applied where such damages or injuries result from acts of war or 

negligence of the United States.

    (2) Holders of a land use authorization and all owners of any 

interest in, and affiliates or subsidiaries of any holder of a land use 

authorization issued under these regulations shall pay third parties the 

full value of all injuries or damage to life, person or property caused 

by the holder, its employees, agents or servants or by a contractor, its 

employees, agents or servants.

    (3) Holders of a land use authorization shall indemnify or hold 

harmless the United States against any liability for damages to life, 

person or property arising from the authorized occupancy or use of the 

public lands under the land use authorization. Where a land use 

authorization is issued to a State or local government or any agency or 

instrumentality thereof, which has no legal power to assume such 

liability with respect to damages caused by it to lands or property, 

such State or local government or agency in lieu thereof shall be 

required to repair all damages.

    (g) The authorized officer may require a bond or other security 

satisfactory to him/her to insure the fulfillment of the terms and 

conditions of the land use authorization.

    (h) Any land use authorization existing on the effective date of 

this regulation is not affected by this regulation and shall continue to 

be administered under the statutory authority under which it was issued. 

However, by filing a proposal for amendment or renewal, the holder of a 

land use authorization shall be considered to have agreed to convert the 

entire authorization to the current statutory authority and the 

regulations in effect at the time of approval of the amendment or 

renewal.

    (i) The holder of a land use authorization who has complied with the 

provisions thereof, shall, upon the filing of a



[[Page 314]]



request for renewal, be the preferred user for a new land use 

authorization provided that the public lands are not needed for another 

use. Renewal, if granted, shall be subject to new terms and conditions. 

If so specified in the terms of a permit, the permit may be 

automatically renewable upon payment of the annual rental unless the 

authorized officer notifies the permittee within 60 days of the 

expiration date of the permit that the permit shall not be renewed.

    (j) Land use authorizations may be transferred in whole or in part 

but only under the following conditions:

    (1) The transferee shall comply with the provisions of Sec.  2920.2-

3 of this title;

    (2) The authorized officer may modify the terms and conditions of 

the land use authorization and the transferee shall agree, in writing, 

to comply with and be bound by the terms and conditions of the 

authorization as modified; and

    (3) Transfers shall not take effect until approved by the authorized 

officer.

    (k) If public lands included in a lease or easement are to be 

disposed of, the conveyance shall be made subject to the lease or 

easement. Permits shall be revoked prior to disposal of the public 

lands.