Federal regulations · Through 2026-08-25 · Newer source version available

43 CFR 2802.10: What lands are available for grants?

(a) In its discretion, BLM may grant rights-of-way on any lands under its jurisdiction except when:
(1) A statute, regulation, or public land order specifically excludes rights-of-way;
(2) The lands are specifically segregated or withdrawn from right-of-way uses; or
(3) BLM identifies areas in its land use plans or in the analysis of an application as inappropriate for right-of-way uses.
(b) BLM may require common use of a right-of-way and may require, to the extent practical, location of new rights-of-way within existing or designated right-of-way corridors (see § 2802.11 of this subpart). Safety and other considerations may limit the extent to which you may share a right-of-way. BLM will designate right-of-way corridors through land use plan decisions.
(c) You should contact the BLM to:
(1) Determine the appropriate BLM office with which to coordinate;
(2) Determine whether or not the land you want to use is available for that use; and
(3) Begin discussions about any application(s) you may need to file.

Where this section sits in the code

Title 43—Public Lands: Interior
Subtitle B—Regulations Relating to Public Lands
CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General
PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT
Subpart 2802—Lands Available for FLPMA Grants or Leases

(a) In its discretion, BLM may grant rights-of-way on any lands under its jurisdiction except when:

(1) A statute, regulation, or public land order specifically excludes rights-of-way;

(2) The lands are specifically segregated or withdrawn from right-of-way uses; or

(3) BLM identifies areas in its land use plans or in the analysis of an application as inappropriate for right-of-way uses.

(b) BLM may require common use of a right-of-way and may require, to the extent practical, location of new rights-of-way within existing or designated right-of-way corridors (see § 2802.11 of this subpart). Safety and other considerations may limit the extent to which you may share a right-of-way. BLM will designate right-of-way corridors through land use plan decisions.

(1) Determine the appropriate BLM office with which to coordinate;

(2) Determine whether or not the land you want to use is available for that use; and

(3) Begin discussions about any application(s) you may need to file.

Collected 2026-08-27T02:26:15Z. Source file · JSON

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