43 CFR 2805.15: What rights does the United States retain?
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 2805—Terms and Conditions of Grants
The United States retains and may exercise any rights the grant does not expressly convey to you. These include BLM's right to:
(a) Access the lands and enter the facilities described in the authorization. The BLM will give you reasonable notice before it enters any facility on the right-of-way;
(b) Require common use of your right-of-way, including facilities (see § 2805.14(b)), subsurface, and air space, and authorize use of the right-of-way 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, 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 § 2805.14(e) of this subpart;
(d) Determine whether or not your grant is renewable; and
(e) Change the terms and conditions of your grant as a result of changes in legislation, regulation, or as otherwise necessary to protect public health or safety or the environment. After a grant is signed by the BLM, any modification of the terms and conditions generally requires the BLM to issue a new or amended grant;
(f) Terminate your authorization for non-compliance; and
(g) Require you to provide applicable financial documents and supporting documents including, but not limited to, contractual and subleasing agreements.
Collected 2026-08-27T02:26:15Z. Source file · JSON