HomeMy WebLinkAboutC82-044 BLM_Right of Way Grant Title V`qwr
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T Of
United States Department of the Interior
N Q
' BUREAU OF LAND MANAGEMENT
CRAIG DISTRICT OFFICE
'�bncA 3
455 EMERSON STREET
P.O. Box 248
CRAIG, COI.ORADO 81625
N 0 V `f82
Eagle County
P.O. Box 850
Eagle, Colorado 81631
Dear Sir:
Enclosed is your copy of Right -of -Way Grant C-36328. This
grant may be considered as your authorization to proceed.
You should pay particular attention to Appendix B of the
right-of-way grant during construction operations.
If you have any questions, please call.
Enclosure
R/W Grant C-36328
CONSERVE
AMEMCA'S
ENERGY
10a,
Sincerely,
Chief, Lands Casework Staff
N U V 18 1982
EAGLE COUNTY
IN REPLY REFER TO
2800 (132)
C-36328 R/W
Save Energy and You Serve America!
\owl/i
UNITED STATES Serial Number
DEPARTMENT OF THE INTERIOR Expiration Date
BUREAU OF LAND MANAGEMENT
Right -Of -Way Grant Title V
C-36328
Hv./5,2012
Iftow
This right-of-way grant, which is a license for a term of 30 years entered
into on €; by the United States of America, the licensor,
through th urea 19%%nd Management, and Eagle County, Box 850, Eagle,
Colorado 81631, the licensee, is hereby issued under Title V of the Federal
Land Policy and Management Act of 1976 (90 Stat. 2743, 2776-2782; 43 U.S.C.
17019 1761-1771) .
"..V
Section 1: DETAILS OF GRANT
Authorized use: Right-of-way for an access road
Location of R/W:
(Within 40 acre
aliquot parts or
surveyed lots)
Dimensions of R/W:
Approved Map:
Rental Required:
Reimbursement of
Processing Costs:
Reimbursement of
Monitoring Costs
T. 2 S., R. 81 W., 6th P.M. As shown on the
Section 6: Lot 1 attached approved
map labeled
Exhibit A.
Approximately 400 feet in length and 25 feet in
width, containing 0.23 acres.
See Exhibit "A".
N/A
N/A
N/A
Section 2: TERMS AND CONDITIONS
This right-of-way grant is issued subject to all applicable Federal,
State and local laws and regulations, now or hereinafter in force. Most
of the principal terms and conditions of this grant are prescribed by
regulation; and the holder is charged with knowledge of these
regulations. The following is a list of those regulations (Code of
Federal Regulations, Title 43, Part 2800, attached) which define the
holder's rights and responsibilities, as well as those of the United
States, under this grant:
11%W (a) Rights of the holder: _
to allow use by others .............. 2801.1�A-rk"�
to assign the right-of-way.......... 2801.
2803. t
to notice prior to suspension or
termination ......................... 2803.4
to renew the right-of-way.......... 2803.6•
to appeal .......................... 2804.1
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-A G G U f G �, C-, 01
Right -Of -Way Grant Steal No. C-36328
(b) Responsibilities of the holder:
compliance with State, Federal laws......... 2801.2(a)(1)
non-discrimination ........................... 2801.2 a) 2)
to rebuild damaged fences, roads ............. 2801.2 a) 3)
to suppress fires ............................ 2801.2(a)(4)
to pay rental (unless exempt) ................ 2803.1-2
1*41P, liability for damage to U.S. property........ 2803.1-4(a)
liability for damage, injury to third parties.2803.1-4(d)
strict liability for hazardous activities.... 2803.1-4(b)(c)
to notify U.S. re. change in holder's status. 2803.2(c)
to remove improvements after termination..... 2803.4-1
to pay additional reimbursement costs
as necessary ................................. 2803.1-1(b)(4)
(c) Rights of the United States
to authorize additional compatible uses...... 2801.1-1(a)(2)
to access to the right-of-way area........... 2801.1-1(a)(1)
to review, modify terms after 20 years....... 2801.1-1(i)
to modify terms at time of renewal........... 2801.1-1(j)
to review and modify rental .................. 2803.1-2(d)
to suspend activities under certain
conditions ................................... 2803.3
to terminate the right-of-way for non-
compliance, non-use .......................... 2803.4(b)(c)
to the mineral, vegetative resources......... 2801.1-1(d)
In addition to the foregoing, this right-of-way grant is issued subject to the
standard stipulations set forth in Appendix A and the special stipulations
set forth in Appendix B, which are attached hereto and made a part hereof.
Section 3: EXECUTION AND AGREEMENT
This right-of-way grant consists of two pages of which this is the
second. Execution of this document constitutes an agreement between the
holder and the United States that, in consideration of the right to use
Federal lands, the holder shall abide by all the terms, conditions and
stipulations contained in this document and the provisions of applicable
laws and regulations.
For Execution by the Holder For Execution by the United States
THE UNITED STATES OF AM FRICA
By: �2
(Holder's Signature Craig District
/,�r//eDistricf-Manager,
Office, Bureau of Land Management
Ho er s Ti t e
ate _-
Attachments:
Exhibit A
Appendix A
Appendix B
Regulations 43 CFR 2800
NOV 16 1982
Date
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APPENDIX A
1%W,
Standard Stipulations:
a. If, in its operations, the operator discovers any cultural remains,
monuments or sites, or any object of antiquity subject to the
Antiquities Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. secs.
431-433), the Archaeological Resources Protection Act of 1979 (PL
96-95) , and 43 CFR, part 3, the operator shall immediately cease
activity and report directly to the Area Manager. The Bureau will
then take such action as shall follow the mitigation requirements
set forth by BLM concerning protection, preservation, or disposition
of any sites or material discovered. In cases where salvage
excavation is necessary, the cost of such excavation shall be borne
by the operator unless otherwise agreed upon.
b. The holder shall comply with the applicable Federal and State laws
and regulations concerning the use of pesticides (i.e., insecti-
cides, herbicides, fungicides, rodenticides and other similar
substances) in all activities and/or operations under this right-
of-way grant. The holder shall obtain from the authorized officer
approval of a written plan prior to the use of such substances. The
plan must provide for the type and quantity of material to be used;
the pest, insect, fungus, etc., to be controlled; the method of
application, the location for storage and disposal of containers;
and other pertinent information that the authorized officer may
require. The plan should be submitted no later than December 1 of
any calendar year that covers the proposed activities for the next
fiscal year.
Emergency use of pesticides may occur. The use of substances on or
near the right-of-way area shall be in accordance with the approved
plan. A pesticide shall be used only in accordance with its regis-
tered uses and without other limitations if the Secretary of the
Interior has not imposed restrictions. A pesticide shall not be
used if the Secretary has prohibited its use. Pesticides shall not
be permanently stored on public lands authorized for use under this
right-of-way grant.
c. No burning of trash, litter, trees, brush or other vegetative
material generated by clearing the right-of-way shall be allowed
under this grant.
d. The holder shall comply with applicable State standards for public
health and safety, environmental protection and siting, construc-
tion, operation and maintenance, if these State standards are
more stringent than Federal standards for similar projects.
e. This right-of-way is renewable at the end of its term if the
facility is being operated and maintained in accordance with all the
provisions of this grant, and applicable laws and regulations.
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APPENDIX B
Special Stipulations:
1. The authorized officer shall receive a written request from the
`..• holder to schedule a pre -construction field conference at least
five (5) working days in advance of any construction activites.
Notification shall be directed to Area Manager, Bureau of Land
Management, P.O. Box 68, Kremmling, Colorado 80459.
2. All construction activity shall cease when soils or road surfaces
become saturated to a depth of 3 inches unless otherwise approved by
the authorized officer.
3. Drainages shall not be blocked or filled with loose dirt or debris.
4. Culverts shall be installed as specified by the authorized officer,
and as shown on the Exhibit A.
5. The centerline of the right-of-way shall be clearly flagged prior to
any surface disturbing activites.
6. The holder shall be responsible for road maintenance for the
duration of this grant. This may include, but not be limited to,
blading the roadway, cleaning ditches and drainage facilities, dust
abatement or other requirements as directed by the authorized
lftw, officer.
7. Excessive subsurface materials, including disturbed bedrock, shall
be removed from public lands.
8. The access road shall be constructed and join the existing county
road in a manner which meets Eagle County specifications.
9. Fill slopes and cut banks will be seeded with a mix of 8 lbs. of
intermediate wheatgrass and 2 lbs. of yellow sweet clover
immediately after construction is completed.
.EPARTMENT OF THE INTERIOR
Bureau of land Management
M
Under the authority of title V of the
Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761-1771). Group
2800. Subchapter B. Chapter U. Title 43
of the Code of Federal Reguletions is
revised as follows.
1. Part 2800 is revised to read as
follows:
Group 2800—Use; Righter -of -Way
PART 2800—RIGHTS-OF-WAY,
PRINCIPLES AND PROCEDURES
Subpart 2804—Rights-of-Way; Genera!
Sec.
28W.0-1
Purpose.
28►W. -2
Objectivea.
28W.0-3
Authority.
2800.0-5
Definitions.
2800.0-7
Scope.
Subpart 2831—Terns and Conditions of
Rights -of -Way Grants ano Temporary Use
Permits
26M.1 Nature of interest.
2801.1-1 Nature of right-of-way interest.
2601.1-2 Reciprocal grants.
ZW1.2 Terms and conditions of interests
granted.
M1.3 Unauthorized occupany
Subpart 2802—Applications
=02.1 Pre-ar�!icMivr. activay.
280' Z Applicati:)n' ..i:cg activity
2802.2-1 Application filial;.
2W.2.2-2 Coerdina!ion of applications
2802.3 Apphcation content.
28C-1.3-1 Appt:csnt qualifications and
disclosure.
28013-2 Techr:icel and financial capabiiity.
2a02.3-3 Project description.
2802.3.4 Env:ronmental protection plan.
2802.3-5 Additional information.
2802.3-8 Maps.
2802.4 Application processing.
2W21Z Special application procedures.
Subpart 2803--Ada'don of Rights
Wanted
Sec
2803.1 General requirements.
28W.1-1 Reimbursement of costa
28m3.1-2 Rental fees.
2803.1-3 Bonding.
2803.1-4 Liability.
21303.2 Holder activity.
2W3.3 Immediate temporary suspension of
activities.
2W3.4 Suspension and termination of grants
and permits.
43 CFR Part 2800
ICtrcvlar No. 24681
Rights -of -Way, Principals and
Procedures; Federal Land Policy and
Management Act; Management of
Rights -of -Way and Related Facilities
on Public -Lands and Reimbursement
of Costs
2003.4-1 Disposition of improvements upon.
termination.
Z803.5 Change in Federal jurisdiction or
disposal of lands.
2803.6 Amendments. assignments and
renewals.
2003.0-1 Amendments.
2803.6-2 Amendments to existing railroad
grants.
2803.E-3 Assignments.
2803.64 Reimbursement of costs for
assignments.
2803.6-5 Renewals of right -of -Kay grants
and temporary use permits.
Subpart 2804—Appeals
2804.1 Appeals procedure --general.
Subpart 2805--Applications for Electric
Power Transmission L w of 66 kV or Above
2805.1 Application requirements.
Subpart 2006—flight-of-Way Corridor
Designatlon
2806.1 Corridor designation.
28M.2 Designation criteria.
28M.2-1 Procedures for designation
Subpart 2807—Reservations to Federal
Agencles
2807.1 Application filing.
2807.1-1 Document preparation.
2807.1-2 Termination and suspension.
Authority. 43 U.S.C. 1761-1771.
Subpart 2800—Rights-of-War, General
§ 2800.0-1 Purpose.
The purpose of the regulations in this
part is to establish procedures for the
orderly and timely processing of
applications, grants, permits.
amendments. assignments and
terminations for rights -of -way and
permits over. upon, under or through
public lands pursuant to title V. Federal
Land Po!:cy and Management Act of
1976 (43 U.S.C. 1761-1771).
§ 28M.0-2 Objectives
It is the objective of the Secretary of
the Interior to grant rights -of -way and
temporary use permits, covered by the
regulations in this part, to any qualified
individual. business entity, or
governmental entity and to regulate.
control and direct the use of saidrights-
of-way on public land so as to:
(a) Protect the natural resources
associated with the public lands and
adjacent private or othor lands
administered by a government agency.
(b) Prevent unnecessary or undue
environmental damage to the lands and
resources.
(c) Promote the utilization of rights -of -
way in common with respect to
engineering and technological
compatibility, national security.and land
use plans.
(d) Coordinate. to the fullest extent
possible, all actions taken pursuant to
this part with State and local
governments, interested individuals and
appropriate quasi -public entities.
§ 2800.0-3 Authority.
The regulations for this subpart are
issued under title V of the Federal Land
Policy and h:anagement Act of 1976.
§ 2800.0-5 Definitions.
As used in this part. the term:
(a) "Act" means the Federal Land
Policy and Management Act of October
21, 1976 (43 U.S.C. 1701 et seq.).
(b) "Secretary" means the Secretary
of the Interior.
(c) "Authorized officer" means any
employee of the Bureau of Land
Management to whom has been
delegated the authority to perform the
duties described in this part.
(d) "Public lands" means any lands or
interest in land owned by the United
States and administered by the
Secretary through the Bureau of Land
Management. without regard to how the
United States acquired ownership.
except: (1) lands located on the Outer
Continental Shelf; and (2) lands he'.d for
the benefit of Indians. Aleuts and
Eskimos.
(e) "Applicant" means any qualified
individual, partnership, corpora!ion.
association or other business entity. and
any Federal, State or local governmental
entity including municipal corporations
which applies for a right-of-wa% grantor
a temporary use permit.
(f) "Holder" means any applicant who
has received a right-of-way grant or
temporary use permit.
(g) "Righl-of-way" means the public
lands authorized to be used or occupied
pursuant to a right-of-way grant
(h) "Right-of-way grant" mains an
instrument issued pursuant to ti"(- V of
the act authorizing the use of a ra;!-t-of-
way over, upon, under or through public
FiLiblished in 45 F.R. 44518 July 1, 1980 - Effective July 31, 1980.
Circular Distribution List
r^
-lands for construction, oprratho—.
maintenance and Iermina,tion of .i
projeo. '
0 "Temporary uct, permit" nivans a
revocable non-posm-sso y. nu:i.
exclusive privilege. agthwi71ng
temporary use of public lands in
connection with construction. oprr,atiun.
maintenance, or termination of a project.
(j) "Facilities" means improvements
-ristructed or to be constructed or used
'*wdithin a right-of-way pursuant to a
right-of-way grant.
(k) "Project" means the transportation
or other system for which the right-of-
way is authorized.
(1) "Designated right-of-way corridor
means a parcel of land either linear or
area] in character that has been
identified by la,.,.,, by Secretarial Order,
through the land use planning process or
by other -manaor;ment decision as be;ng
a preferred location for c-dsting and
future right -of, ay grants and suitable;
to accommodate more than 1 type of
right-of-way or 1 or more rights -of -way
which are similar, identical or '
compatible;
(m) "Casual use" means activities that
involve practices which do not
ordinarily cause any appeeciahle
disturbance or damage to the public
)ands, resources or improvements and,
therefore. do not require a right-of-way
grant or temporary use permit under this
�(n) "Transportation and utility
corridor" -means a parcel of land,
without fixed limits or boundaries, that
is bein0O
used as the location for 1 or
more transportation or utility right-of-
way.
§ 2800.0-7 Scope.
This part sets forth regulations
governing:
(a) Issuing. amending or renewing
right-of-way grants for necessary
transportation or other systenis or
facilities which are in the public interest
and which require rights -of -way over.
upon, under or throu-1: public lands.
including but not limited to:-
(1) Reservoirs. canals. ditches. flumes.
laterals, pipes, pipelines. tunnels and
other facilities and systems for the
impoundment, storage. transportation or
distribution of water;
(2) Pipelines and other systems for the
transportation or distribution of liquids
nd gases, other than water and other
1 ,- )an oil, natural Ras. synthetic liquid c.
gaseous fuels, or tiny refined -product
produced therefrom. and for storage and
terminal facilities in connection
therewith:
(3) Pipelines, tslur•ry and emulsion
systems, and conveyor bolts for
transportation and distribution of solid
materials. and facilities for the storage
of such materials in connection
iLerewith;
(4 terns for generation,
tramsmolssion and distribution cif electric
energy, except than the•apphc.aant shall
also comply with all appli,.al.de
requirvinents of the Fede;ail E.rivrg%
Regulatory Coniniissaan under Ow
Federal Power Art of 1935 (16 l' S C.
(5) Systems for transmissrou or
reception of radio. IvIev isitm. telephone.
lelvg!aph and other electronic- signals.
and other means of coninilin.icattatiti:
(6) Roads, trails, highways, iaiilroads.
canals. tunnels. tramways.'
-.livestock driveways or otllihr nic ans of
transportation except where such
facilities are constructed and
maintained in connection with
commercial recreation facilities on land.,;
in the National Forest System;
(7) Such other necessary
transportation or other systems or
facilities which are in the public interest
and which require rights -of -way over.
upon, under or through such lands, or
(8) Rights -of -way to any federal
department or agency for pipeline
purposes for the transportation of oil.
natural gas. synthetic liquid or gaseous
fuels, or any product produced
therefrom.
(b) Temporary use of additional public
lands for such purposes as the Secretary
determines to be reasonably necessary
for construction, operation, maintenance
or termination of rights -of -way, or for
access W the project or a portion of thin
project.
(c) However, the regulations
contained in this part do not cover right-
of-way grants for: Federal Aid
Highways. roads constructed or used
pursuant to cost share or reciprocal road
use agreements, wilderness areas. and
oil, gas and petroleum products
pipelines except as provided for in
§ 2800.0-7(a)(8) of this title.
Subpart 2801—Terms and Conditions
of Rights -of -Way Grants and
Temporary Use Permits
§ 2801.1 Nature of tnteresA.
§ 2801.1--1 Nature of right -of -nary interest.
(a) All rights in public lands subject tc
a right-of-way grant or temporary use
permit not expressly granted are
retained and may be exercised by the
United States. These rights include, but
are not limited to:
(1) !1 continuing right of access onto
the public lands covered by the right-of-
way giant or temporary use permit, and
upon reasonable notice to the holder.
access and entry to any facility
constructed on the right -of --way or
permit area:
(2) The right to require common use of
the righl-of-waxy, and the right to
authorize use of the right-of-way for
compatible uses (including the
subsurface and air space).
(l)) hl-of=ways grant or temporary
use p(S"ll may be used only for the
purposes specified in the authorization
The holder may allow others to use the
land as his/her agent in exercising the
rights granted.
(c) All right-of-way grants and
temporary use permits shall be issued
subjvt t to valid existing; rights.
(d) A right-of-way grant or temporary
use permit shall not give or authorize the
holder to take from [fie public, lands any
mineral or vi-getaitive miit(:rial. including
timber, without securing authorization
under the Mith-rials Act 1.10 U.S.C:. U11 et
sect.). and pitying in advance the fair
market ►•alue of the matt-rial cut.
removvd, used, or des►Toyed. I lowv,.er
coriinion varieties of atone and so -,I
fielcessarily removed in the construction
of a project may be usud elst-where
along the same right-of-way or permit
area in the construction of (lie protect
without additional authorization and
payment. The holder shaa',l be allowed in
the performance of normal maintenance
to do minor trimming. pruning and
clearing of vegetative material within
the right-of-vvity or permit area and
around facilities constructed thereon
without additional authorization and
payments. At his discretion and when it
is in the public interest. the authori7re.I
officer may in lieu of requiring an
advance payment for any mineral or
vegetative materials. ilIClll(jirlg timl)er
cut or excavated. require the holder to
stocl pile or stack the material at
designaated locPtions for latter disposal
by the United States.
(e) A holder of a right-of-way grant or
temporary use permit may assign a grant
or permit to another. provided the holder
obtains the written approval of the
authorized officer.
(f) The hold;T of a right-of-way grant
mat• authorize other parties to use a
facility constructed, except for runds, on
the right-of-way with the prior written
consent of the authorized officer and
charge for such use. In any such
arrangement, the holder sha H cant:nue
to be responsible: for con„p':ianct. with all
conditions of the grant. This paraa-raph
does not limit J.- any way the aitithority
of the authorized officer to issue
additional right-of-vvaa}' grants, or-
tenipora3ry use permits for conipaatibit-
uses or: or adja:cent to the right-uf-%%gay.
nor does it atithor ize the hcafdur 10
impose charges for the use cif laarids
made sulti -t to such additional right-of-
way grants or temporary use permits.
(g) l•.-at.li right-of-%vaay grant or
teniito:a,ry, us;• per(nit shall dem-ribs- the
public lards tt, be used or occupied and
the grant or prrrait shall be limited to
those I;inds ►+ ::c:h (lie a:u:horiced offices
(I e t e r m *! r, vs.
(1) ti1'111 be occupied by the faicihtivs
authorized:.
(2) To be necessary foe the
cons trtction. operation. mainleraincv.
and termination of the authu..Zed
facilities;
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(3) To be necessary to protect the
public liealth and safety; and
(4)Vill do ro unnecessary damage to
the environment.
(h) Fach grant or permit shccll specify
its term. The term of the grant shall lie
limited to a reasonable period. A
reasonable period for a right-of-way
grant may range from a month to a year
r a terin of years to perpetuity. The
�rnl for a temporary use shall not
exceed 3 years. In determining the
period for any specific grant br permit,
the authorized officer shall provide for a
term to ';accomplish 'It(: purpose of the
authorization. Factors to be considered
by the authorized officer for the purpose
of establishing an equitable terni
pertaining to'the use include. but are not
limited to:
(1) Public purpose served;
(21, Cost and useful lift! of the facility; and
iA TimC* lint Cations imposed by
required licenses or permits that the
holder is required to secure from other,
Federal or State agencies;
.
(ill) Each grant issued for a term of 20
years or more shall contain a provision
requiring p?riodic review -of the grant at
the end of the twentieth year and at
regular iritc. vals thereafter riot to
exceed 10 years.
(j) Each grant shall have a provision
Mating whether it is renewable or not
,end if renewable. the terms and
conditions applicable to the renewal.
(k) Rath grant shall not only comply
with the regulations of this part. -but
also cor p!y with the provi6ions of any
other applicable lac,; and implementing
regulations as appr-opriate.
§ 2801.1-2 Rec€proca! grants.
When the authorized officer
determines from an analysis of land use
plans or other management decisions
that a right -of -gray for an access road is
or shall be needed by the Un;.t,-cl Stales
across lands directly or indirectly
owned or cortrolied by an applicant for
a right-of-way great, lie or she shall, if it
is determined to be in the public
interest, regii9re the ap p.icanl, as a
condition to receivir;g a r11;Ie1 Gf-Lti'a}'
gram. to grant the United States an
equivalent right-of-way that is adequate
in duralictn and rights.
§ 2001.2 Terms ant. condMIlans nt interest
Wanted.
(a) An applicant by accepting a right-
of-way }?ia,,t, U!mpurary use permit,
assignment. mn(•ndment or renewal
agrees and consents to cornply with and
lie hound by On- following terms and
conditions. exceptitiv tiloBe which thee
Secretary may waive In a particular
case:
(1) To the extent practicable, all Slate
and Federal law;. applicable to the
authorized use and such additional State
and federal laws, along with the
implementhir regulations, that may be
enacted tied isimed during the term of
the grant or permit.
�Ii'hal in the construction. operation,
maintenance and termination of the
authorized use. there shccll be no
discrimination against any employee or
applicant for employment because of
race, creed. color, sex or national origin
and all subcontracts sliall include an
Identical provision. ,
(3) To rebuild and rrpair roads.
fences, and established trails that may
be destroyed or damaged by :
construction, operation or maintenance
of the project and to build and maintain
suitable crossings for existing roads and
significant trails that intersect the
project.
(4) To do everything reasonably
within his or her power, both
independently and upon request of the
authorized officer, to prevent and
suppress fires on or in the immediate
vicinity of the right -of -welly or permit
area. This includes making (available
such construction and maintenance
forces as may be reasonably obtained
for the suppression of fires.
(b) All right-of-way grants and
temporary use permits issued. renewed,
amended or assigned under these
regulations shall contain such terms.
conditions. and stipulOons as may be
required by the authorized officer
regarding extent, duration. survey.
location. construction. operation.
maintenance, use and termination. The
authorized officer shall impose
stiptilations which shall include. bull
shall not be limited to:
(1) Requirements for restoration,
revegetation and curtailment of erosion
of the surface of the land, or any other
rehabilitation measure determined
riebessary;
(2) Requirements to ensure that
activities in connection with the Brant or
permit shall not violate applicable air
and .rater quality standards or related
facility siting standards established by
or pursuant to applicable: Federal ur
State law.
(3) Requirements designed.to control
or prevent damage to scenic. esthetic,
cultural and environmental valucc
(including damage to fish and wildlife
habitat), damage to Federal property
and hazards to public health and safety;
(4) Requirements to prolect the
interests of individuals living in the
general area who rely on tl:e fish,
wildlife and biotic resources of tile area
for sub,. islence purpns(s:
(51 Requirements to ensure that the
faciloies to bt- constrcirted. used ;tied
operated on they prescribed location are
maintained and opt-ralva in a inanncir
consia.tent with lire plant or pvriwt: and
101 Requirements lot compy anr-e with
Sate standards for 1,ul,l;c. hVillth WIZI
s.tfrty. enviionmental pr►►t(•cli(ul and
siting. conslru::tion. operation and
ma:n!e.nanr.e when thee%( standards are
more stringeiil than I`ederal standards.
§ 1,,,a Unauthorized occupancy.
Any uceupaney or its(( of the ptibhei
lands, other than r-asuai use as stet forth
Ili §§ 29M.0-5(m) and 2802.1(d) of this
till(.. witlioul.authurizalion shall be
considered it trv! pins and shall bubject
Ili(, trespasser to prosectitiun and
liability for ills• lrespass. Issuance of,.
righl-rf tea, pi -till or use•
ptrr snit Iu a tri-spassei shall by nia.!v in
accord.anc.e with § 9239 n•-9 or this hilt,
except for those una;tii:►tri'r.(•d us s
under § 28022.5 of 0,,:s tith, This
pro% ision ailphes to oll unati-hoi tza-d t.:-v
of the public: land; and pr(cl+t,lt•s OW
issuance of a right -of -bray gr„nl or
temporar% use per -mil. until the tresp,.--s
case has been setile d Once the :r i -puss
case has bean settled. a n(%r grtr;t or
permit may he made by the authorized
officer in arrordance with the
procedures set forth in this part.
Subpart 2802—Applications
§ 2802.1 Preappticatton activity.
(a) Anyone interested in oh;;,;(lint; a
right -of -«a,,. g-ant or terrporai•% use
permit invob ing use of public. lands is
enrour,r?`d to es: iY,—,h earn contact
%%ith the 13:.-►'au of L.I.Ml MC.1liJg1.mer$1
office responsible tu. man:a,,ernrnt of the
affected puliiic lanais so that ;,d
constraints inal. Lie idt-rn ied. fll,v
proposal inn be nsieP—. ed m hint: use
plans. and process.r:_ of an ig pitr.a;irn
may be 1E.-rlt.0i-vt i C(11 dulcO
(1) Poss;hle land use conflicts as
identified tip• rr� ic•.� of land use- plans.
land o� n!,rsh.-p rec-.IrtaS ailG Qt::t'r
available inf*rr?'ii•. 1--. Snui'i;(.•S:
(2) Application pr•o..edwes and
probable tirne r•ett;;ireMC,,ts-
(3) Ap111ILant qua!:,icelions.
(4) Cost rein:I ursement r•equirernents:
(5) Associated cicarunces Jwrn,its
and licenses which may be required in
addition to. but not in plat;(- of the grants
or permits required under these
regulations:
(6) Ensviruninental and management
considerations:
(7) Any other sTsecial crxiditions that
can be identified.
($1 Identification of on-ilic• firo.in:i
investigations. t1'hich may be requi-t-d in
order to complete the apphration: and
(9) Coordination with F(.de! ol. State
and local goverrinent agencies.
(b) Any information furnished b% the
proponent in connection with a
preappliration activity or use %, hich he/
she requests not be disclosed, shall be
protected to the extent corn sistunt vvith
the hreedoin of Information Act (5 U.S.C.
552).
(c) No right -of -wiry applic:a!ions
processing work, other than tlr:iI
incurred in the processing of
applications for permits for temporary
use of public lands in furtherance of the
filing of an application and pie -
application guidance under 11;tragrafill
(a) of this section. (.hall he uml►rrtaticn
by the author iced of f ic.cr pricer to the
filing of an (application together t~rllt
advance payment as required by
§ 21>03.1-1 of lilis title. Such processing
work includeb. but is not limited tcl.
special studies such its environmental
analyst•s,.rnvlroninc•ntal st;itements.
eng;inverhig; surveys. resource
ventories and detailed land use or
,,.,,rcord analyses.
(d) Tile prospective applicant is
authorized to go upon the public lands
to perform casual acts related to data
collection necessary for the filing; of an
acceptable itpplic:;ction. Tliese casual
acts or activities include, but are not
limited to: (1) vehicle use on existing;
roads: (2) sampling: (3) marking of routes
or sites, including surveying: or (4) other
activities that do not unduly disturb the
surface or require the removal of
vegetation.
If. however, the authorized officer
determines that appreciable surface or
vegetative disturbance will -occur or is a
real possibility he shall issue a
temporary use permit with appropriate
terms. conditions, and spacial
stipulations pursuant to § 21101.2 of this
title.
(e) When. during; pre-apphcatian
diSCUSSi0;1S VVIth the prospective
applicant, the authorized officer supplies
e prospective applicant will)
14�formation set out in paragraph la) of
this section. the authorized oft -icon shall
also inform appropriate Federal. State
and local governinent agencies that
preapplication discussions have begun
in order to assure that effective
coordination between the prospective
applicant and all responsible
government agencies is initiated as soon
as possible.
§ 2802.2 AppliAtion fili;V trctivtty.
§ 2802.2-1 application Gi;ng.
Appli"ations for a right-of-way 1t.-;,nt
or temporary use permit shill In- file-d
with either the Area Mani:gier. the
District Manager or the State Direcloi
having; jurisdiction over (lie affected
public lands except:
(it) Applications for Federal Aid
liig;hways shall be filed pursuant to 23
U.S.C. 107. 317, as sail out in 43 C}T
282);
(l) Application,. for cost-eharr roads
shall be filed pursuant to 43 CHt ryII12:
(c) Applications for oil and gins
1.�peliues shall be filed pursuant to 43
CFR znno. a n d
(d) Applications for projects on lands
under lie jurisdiction of 2 or more
administrative units of the Bureau of
Land toanagteuivni may he filed .it ;iny
of tic Bureau of Land MIdnag;enic•nt
offices havifig; jurisdiction over part of
the project. and the applicant zhall br'
notified where subsequent
colnmunicalions shall be directed.
§ 28�2 Coordination of applications.
Applicants filing; will any other
hederal dc:partillent or acg vncy fur it
Iit:erlSP. cerlific:alc► of public convrnicrru.e
and nectrssity or any other atuthilrization
for a project involving; , rig;hl-of-c� av oil
public: lands. shall uiniultaneously file an
application under this part with the
Bureau of Land Management for it rig;hl-
of-wi►y g,;,ill. Tu nrininuzcr duplication.
§ 2002-3 Application content,
(a) Applications for right -of -Way
grants or tenlporury use perluits shall be
fi!cd on a form approved by tle
Director. The application forttl shall
contain instructions for Ilia completion
Of the form and b'tiall require Ilia
following; information:
(1) The rL'iwe acd od ll re-, of the
Pppli .ant :,11(l thv ;It,J�licant's authorized
ag;cnt. if appropriate;
(2) A de.sc:ri dial)) of the, applicant's
coons a ;
(3) A m; . LISGS qundrang;ln, aerial
photo or equivedent, showing: the
approximnte Incri!i:)n of the pronn%ed
right-of-way and frc;lities on public
binds and Jxistin - iniprovetlxilts
acljrccllt to the proposal, nhail be
attaches: to the appilcation. Unity thc;
existing adjacent improvenients which
the proposal t-,lay dirrctiy affect need be
shoe. non the. map; -
(4) A stalennrlt of the applicant's
technical and to
collstru'ct, opcl*utC'. inaintain and
terminate ti:c proposal;
(5) t,'pi-lifination by the applicant that
he/she is of lesal ;l:;e, authorized to do
busine. in the State anti dial t�.e
information submitted is correct to the
best of the applicant's knowledge.
(b) The applicant may submit
additional information to assist the
authorized officer in processing the
application. Such information inay
include. but is not limited to, the
following:
(1) Federal or Stale approvals
required for the proposal:
(2) A description of the alternative
route(s) and mod::(s) cons*-lered by the
applicant when developing the proposal;
(3) Copies of or refercrice to similiar
applications or rants the applicant has
submitted or holds:
(4) A statement of need and ec:ouomic
feasibility or the proposal;
(5) A.statement of ti,e environmental.
social and economic effects of the
proposal.
p.4 p.0plicaticn processing.
(a) The authorized officer shall
act :lowlrc!y;e. in wnting. receipt of the
appitcatulr}'-: nd initial cost
reinibursemt-it ptivnient required thy
of this title. An app!it.atlon
tnrilt, be denied if the authorize" d officer
detertivni-s that:
(1) The Proposed right-of-way or
permit -,,%ould be inconsistent. nvith the
purpose for which the public lands are
ni inag;ed:
(2) That thV proPesed right-of-way or
permit would not tic in the pubt'c
interest;
(3) The applicant is not qualified:
(4) The rig;llt-of-way or permit would
othcrwise be inconsistent with the act or
other applicable 1.3 vs: or
(5) The applicant does not or cannot
s'emcnstime that hc;she has the
technical or financial capacity-.
(b) Upon receipt of the
acknowledgement. the applicant may
continue his or her occupancy of the
public land pursuant to § 2802.1(d) of
this title to continue to gather diita
necessary to perfect tale i;pp lication.
However, if the applicant finds or -the
authorized officer determines that
surface disturbing; activities will occur in
gathering the necessary data to perfect
the application, the applicant shall file
an application for a temporary use
permit prior to entering into such
activities on the public land.
(c) The authorized officer miry ieyuire
the applicant for a right-of-way grant to
submit such additional information as
he deems necessary for review of the
application. All requests for additional
information shall bl- in writing:. Where
the authorized officer determines that
the information supplied by the
applicant is incom;Aete or does not
conform to the act or these regulations,
the authorized officer shall notify the
applicant of these deficiencies and
afford the applicant an opportunity to
file a correction. Where a deficiency
notice has not been adeu,rately
complied with, the authorized officer
may reject the application or Notify the
applicant of the continuing; deficiency
and afford the applicant an opportunity
to file a correction.
(d) Prior to issuing; a right -of -wary
grant or ternpurary use permit. the
authorized officer shall:
(1) Complete an environmental
analysis in accordance with tl►t►.
National f:nvironmental Policy Act of
� S1G9;
(2) Determine compliance of the
applicant's proposed plaits with
applicable Federal and State hives:
(3) Consult with all other Federid.
Stale. and local fig;enries having; an
interest. its apprupi i;i te: and
(4) Take tiny other fiction necessary to
fully evaluate rind make at dc•c:i!.icin to
approve or de.,y the appllcattorl iced
prescribe aui�able ternis and conditions
for thet grant or pe•rnitl.
(1•)1'lil• authorized offit e'r nv4% hildd
public• nit-ch1ws tit, rill fu'r it
ris;hi-cif w:a% grant ter tt•niporar% use
permit if h(- doermtnes that such
mee.tirpg are appropriate and that
sufficient puk)hc interest exists Ili
tirrant the time and expense of such
�,, etings. Notice of public meetings shill
be published in the Federal Register or
in local newspapers or in both.
(f) A right-of-way grant or temporary
use permit need not conform to the
applicant's proposal. but may contain
such modifications. terms. stipulations
or conditions, including changes in rcnite
or site location on public lands. as the
authorized officer determines to be
appropriate.
(g) No right-of-way grant or temporary
use permit shall be in effect until the
applicant has accepted, in writing. the
terms and conditions of the grant or
permit. Written acceptance sh.+ll
constitute an agreement between the
applicant and the United States that. in
consideration of the right to use public
lands. the applicant shall comply with
all terms anti conditions contained in
the authorization and the provisions of
applicable lags and regulations.
(h) The authorized officer may include
' -t his/her decision to issue a grant a
\,Wo.ovision that shill be included ill a
right-of-way grant requiring, tiirtt no
construrtion on or use of the 1•i!,!ht-of-
way shall occur until a deMOod1
coils tructioil. operation. rehubilitatiun
and etivirunniental protection phin lies
ibeen submitted to and approved by tiler
authorized officer. 'Phis requirentrilt may
be imposed for all or at:y part of the
right -of -sway.
§ 2.802.5 Special application procedures.
(a) An applicant filing for a right-of-way
within 4 years from the effective date of
this subpart for an tinaulhcrized right-of-
way that existed on public land prior to
octoher 2.. ign. is not: .
(a)(1) Required to reimburse the
United States fur the prate:: �Inj;,
monitoring or other costs provided for in
§ ?.i3t13.1-•2 of this title
Required to pay rental fees for the
period of unauthorized land use.
ch) In carder to facililate manaficment
ie pi-hlic lands. arly person or State
t7 ocal govurnnuml v.:hich has
constructed public; hi-,h wa v s under the
aul)int•ity of R.S. 2.177 (.13 U.S.C. t132.
r. pe tiled October 21i. 1il7Gl may file n
map sI10V.•i1.,' the Inca Iion of' such public
hil;hways with th-. authurized officer.
M.tp'. filed under this para,:rapll shall be
in sufficient detail to show the location
of the R.S. 2-177 on public
lands i- relation to State or county
hiphv� ,) or road(s) in the vicinity. The
submi-99Wn of such nrips showing the
location of R.S. 2477. highway(s) un
public lands shall not be conclusive
e% .dence as to their existence.
Simili.:rly. a failure to slow the location
of R.S. 2477 hiohwaS (s) on any map shall
not preclude a later finding as to their
existence.
Subpart 2803—Adn-tinistration of
Rights Granted
§ 2^103.1 Generni recttwe-4-rewits.
§ 2803.1-1 Rainibursern- eat of costs,
(a!I1) An apjllartr:! ft" a 1`10.: o! wily
a temporary use pt'rni:l
re•::nbursc the tlnilt•tf S:.=tt-s 1:
adrunistr.itity and Witt,! c.ot.ts int%.rmd
by th.. United tithter. in pru►•e•bS1-q' tilt'
tip}�:.t:atluti, inc.ludi:t!�; tilt' 11rt•})u:i,:.Jll of
reports and statctnar:ts puri uanl to tht-
Nrati fial t•:tivironnit°nt.ai Pulic.% AEI of
7969 142 t1.S.C. 4-21-434 ), before the
right-of-way griatlt oi' tt-tltporary use
permit shall be issut-d under tlic•
eel -lotions of ibis tide.
(2) Tile regulations cc. -it. -fined in this
subpar., do nat apply to.-
(,) State or local gtave-m.menis or
agt'ilCics or insuu:ne ntaliti'-s glen-nf
1i'tti:Z tilt: p-Oilic shiili lit' us-d for
goverrmc►,,rrl p;t ,�ost•s en;; �•tt�i: la:�..l�
and resuun-vs shall c _,n1i^..ic' to sE.\._
ptiiiftc. rxcC-: t (A*' as lilt ru,"
of -way grants or teniPorai-% •1;C pe-m-il.s
issll,..d to Suite or fot:iil govu niments or
agnmries or ins truinenli:lities thereof or
a tnunicipal utility or cooperative whose
principal source of revenue is derived
from charges levied or, customers for
services rendered tiirtt ram similar to
services rendered by a profit making
corporation or business enterprise, or
(B) its to right -of -sway grunts or
temporan! use permits issued raider
section 28 of the lk►o neral Leasing Act of
1920. as amended (30 U.-S.C. 1E1"):
(iij Road use agreements or re�cipro-cil
road af-reements; or
(iii) Federit, agencies.
(3) An applicant shill cubmit i ith
each application a nonreturnable
payment in accordance with the
following schedule:
(i) Fach right-of-way grant or
temporary use permit for crossing public
lands (erg,.. for p,_iwerh es, pipcl:ries.
roads; and other lilicar uses).
iynpth Payn.wits
Less tluin 5 rtu,es $50 pa• rt-de Or fraction
• a•ruor
5 to 20 m,les Vm_
20 moos " Cr" f'M ire eu-t ?b Mdec
ar trxuy% %"no$
(h) Each r ipht-of-way grant or
temporary user permit for'r,ctit-hne.rir uses
(e.g. for communication sitt•s, re'si•rvoir
sites, plant sites, and rantp sift:::)--4.250
for erich 40 acres of fraction thelfruf.
(4) When an ltpplic.aticin is received.
th(: authorized rilhi.er 1.hall estin;ate the
costs expecled'tu be incurred by the
United Sl.ttc-s in proc:essirt}; the
application. If. in the judgment of the
ruthorized officer, twc:h ")(;Is will
exceed the peynneni required by
of this Section by an
11111tilet:t K hie.h :s greater than the tx st of
*:l.ttn;.tin:ttti 11c:ti:.il Coo rruords for 21nt'
r{I•�r�lli,eli:►:! 1'l'\�„'\\ pi'�tta:►s. lliE'
;tilth„t,�rtl offit err shs!! rt•yuirt• llet'
paynivnts of
{,�pl:rant to uial.r ;irrl,ltflc
the estitti ate d rt-imburs;atilt- costs prior
a{ the int-urrt•nr•e of such c o0s by file
ttnitrti Statt•s.'Suct: payments mey be:
refunded or iadiuste d ea provided. by
paragraph (ra)(ti; of this st.Cttt111.
(5) Prior to tht• issumic:e of a rigl-A.of-
%%ay grant or temporary use permit. the
applicant shall be rt-quirt•d to pat'
additional anirunts to the extent the
costs of the tlnovd S!.strs h.avv
excerded the paynionts regtiired by
parawaphs (n!(3) land (4) of this se:.tion.
it;) An applicant whose application is
denied shall be responsible for
ra:iininistrsitive and other costa incurred
by the United Suites in I,rYx:essing ifs
tip vI ca'.ion. and such anw-ints as have
it,�r ltct'i: p:ai;i iri liccrordant.e vriIll
pnragrmphs (a)IM and t4l, of this section
shall he due \\:,lain 30 days of receipt or
notice from the etithori;'ed officer of the
amount due.
(7) An applicant which v%ithdrarvs its
application before r decision is reached
on snid application is m-sponsible f-,)r
costs incurred by the United States in
processing suc:li application t.'p to the
date upon v.hich the atithorived officer
receives written :notice (if tile
withdra\wrl, end for costs; rubsequently
incurred by the United States in
te..—mi:nating the application review
procf-ss. Reirnburse:•nent of such costs
shall be clue within 30 days of receipt of
rintic from flit' authorized officer of the
amount due.
(8) if payment. as inquired by
paragraphs (a)(4) and (b)(3) of this
section, exrx--eds actual costs to the
United Slates. refund rt'ay he made by
the authorized officer from spplicabie
funds under authority of 43 L'.S C. 1734.
or the aulltorized officer may adjust the
next billing to reflect the overpayment
previously mce ived. Neither an
applicant nor a holder shall cff or
otherwise deduct any debt dare to or any
sum clainwd to be owed them by the
United States without the prior written
approval of the authorized officer.
(0) The authorized officer shall. on
request, give an applicant or a
prospective applicant an estimate.
based on the hest available cost
information. of the costs which would be
incurred by the United Stc:tes its
processing an aPplic.ation. l lowever.
rein) hursenienI shall not be lunitt-d to
the estirnale of the authorized officer if
actual costs exuwd the pitijecled
estimate.
(10) When 2 or inure- applications fair
right-of-way, (;runts are filed 'which the
`ftx►�
`ft.r�
auffimired officer determines.t.o be in
competition with each other, each
applicant Phsall reimburse the United
Sttftes acetn luigt to subl,aragraphs (3)
through (7) of thus: section. except that
those costs whic:ls tore not readily
identifiable with Luse of the applications.
such as costs for portions of an
envirotitMenlal statement that relate to
all of the proposals generally, shall be
paid by each of the applicants in equal
shares.
(ii) When through partnership. joint
venture or other business arranpemcant,
more than one pemoa, partnership,
corporation. association or other entity
apply togelber for a right-of-way grunt
or temporary uec pe:rn,it, each such
applicant shall be jointly and acverAlly
liable for vests wider §-ZW3.1-1 of this
title.
(12) %k%en 2 or more noncom pet ing;
applications for tiFlt=of-%very grants Are
received for -what, in the judgment of the:
authorised officer, is one rigfit-of-way
system, all the Applicants shall be
jointly and severally liable for costs
under § E603.1--1 of tfjis title for the
entire system: subject, however, to the
provisions of subparagraph (ii) of this
paragraph.
(13) The regulations contained in
2803.1-1 of this title are applicable to
all applications for right-of-way grants
or temporary use permits incident to
rights-of-t ay over the public lands
'penning oil )tin.^ 1.3975.
-(b).(i) Mier issuance of a right-of-way
grant or lemporary use permit for which
fees were assessed under paragraph (a)
of this section. t1rt- holder thereof shall
reimburse the United States for costs
incurred by the United States in
monitoring the construction, operation,
maintenance and tvi-urination of
authorized facilities on the right-of-way
or permit areal, and for protection and
rehabilitation of the lands involved.
(2) Cacb holder of a right-of-way grant
or temporary use permit shall submit
within 60 days of the issuance thereof a
nonreturnable pat -:Went in racrordance
with the following; schedule.
(i) Bacli right -of -ivny grant or
'temporary use permit for crossing public
lands (e.g.. for powarlines, iripelines,
roads, and other linear uses).
logs than 5 nvies..... &N Poi Mde Or "Coon
tt%WVCl
5 to 20 milat._.._.__...- ..- $200
20 "es and ovot .............................. $200 1pn "M ?A rrr+ts
on rnactan thcnooa
��
(ii) ):,loll right-of-way grant or
CO
toi»gxartary use permit (e.g;.. for
communication sites, reservoir sites,
pl:ml sites, and camp sites)--S100 for
40 acres or fraction thereof.
�i) if rs proiec.t has the feature of
subdivisions (i) and (it) of this
subparagraph in combination. the
payment shall be the total of the
amounts required by subdivisions (i.)
and (ii) of this subparagraph.
(31 When a right -of -gray grant or
temporary use permit is issued. the
authorized officer shall estimate the
costs, based on the best available cost
inf:)rmalion. e\pected to be incurred by
the United States in monitoring holder
activit\•. if such cysts exceed the
payment required b% parsig;raph (b)(2) of
this section by an amount which is
greatei 0-an the costs of maintaining;
actual casts records for the monitoring
process. the authorized officer shall
require the holder to mike periodic
payments of the eslirnated reimbursable
costs prior to the incurrence o. such
costs by the United States. Such
payments may be -^funded of adjusted
s providmi by parava, h (a)(ti) of this
section.
(4) Foliowing; termination of a rigi:t-of-
way giant or temporary use permit. the
forma; holder shall be required to pay
additional amounts to the extent the
actual c.nsts incurred by the United
States have exceeded the payments
required by paragraphs (b) (2) and (3) of
this section.
§ 2803.1-2 Rental fees.
(a) The holder of a right-of-way grant
or temporary use permit. except as
provided in parag;raps (b) anti (c) of
this section, or when waived by the
Secretary, shall pay annually, in
advance. the fair market rental value as
determined by the authorized officer.
Said fee shall be based upon the fair
market value of the rights authorised in
the right-of-way grant or temporary use
permit, as determined by appraisal by
the authorized officer• provided
however• that where the annual fee is
5100 or less, an advanced lump -sum
payment for 5 years for right-of-way
grants and 3 years for ten porar y ::1.e
permits may be required. The lump -sun,
for use and occupancy of lands und',r
those regulations shall not be less than
$25.00.
(b) To expedite the processing of any
grant or permit pursuant to this *part, the
authorized officer may establish an
estimated rental fee: and collect this fee
in advance with the provision the, upon
receipt of an approved fair markel value
appraisal the advance rental fee shall be
adjusted accordingly.
(c) No fee. or a fee less than•fair
market rental, may be authorized under
the following; circumstances:
(1) When the holder is a rede:ral. State
o A government or any :igenc\ or
ir�alentality thereof. exc-ludirtg
murliciptil utilities and c:ootivr:ati\ eS
whose principal source of re%t•nur is
customer 16arges.
(2) W'heri the holder is a nonprofit
corporation or assoc.iatiOn which is not
controlled by or is not a subs:,har% of a
profit making corporation or business
enterprise.
(3) When a holder provides without
charge. or at reduced rates. a valuable
benefit to the public or to the programs
of the Secretary.
(4) Rental fees may be -waived for
rights -of -gray involving; cos' share roads
and reciprocal right-of-wo a;orve rnents.
(5) In instances where they applicant
hobs an outstanding permit. It.ase.
license or contract for which the United
Stites is already receivir:g
cosapensation, except Under an oii and
g ,is lease where the lessee is re"u:red to
secure a right -of --+•gay grant or ten:pantry
use permit under j Vow of this tole. no
rental fee shall be charged for the
fo lowine.
(i) 11°here the applicant needs a right-
of-way grant or temporary use permit
the exterior boundaries of the
permit, lease, license or contrild area:
and
(ii) Where the applicant needs a right-
of-way across public Inrids outside the
permit, lease. license or contract area in
older to reach said area.
(d) Rental fees may be initiated or
adjusted whenever riec,-ssary to rc;?o ct
current fair market value: (1) As a result
of reappraisal of fair ria:ket values
which shall occur at leas; e:.ce every 5
years. or (2) as E resul_t-of a ch an g;e in
the holder's qualifications under
paragraph (c) of this section. Reasonable
notice shall be riven prior to imposing or
adjusting; rental fees pursuant to this
paragraph. Decisions on fees are subject
to appeal pursuant to § : tE o-1 of this title.
(e) If a char•g;n required bV this section
is not paid w,lwn duct, and SLICI, default
shall continue for 0 -keys oaf:er notice.
action may be taken to ternlin,:te the:
right-of-way Brant. After dvfw:It has
occurred• no structures. builc:ings or
other equipment may be Ivniovud from
the servient ),ands'except up(,;, written
permission froin the authorized officer.
(0 Upon the holder's written request.
.annual rentals, regardless of the aarilourlt,
may are paid in advance. Snch advarice
payments shall be made subject to the
right of the authorized officer to adjust
fad colle (;i additional rentals or refund
overp:iymen's whim warranted by
changes in fair market value.
MwOf"--1"'Ovp ++.....w�wr-.. ...-�.. r Y►»...,....,ww �+nw w..r. vw.+ +w« -. -- - ....". �.��wr�r� ,DC97 N �Ot.7l'�lL7it/nA%.�7�Yr'�f�•�Rmel�►l�v�ERf�V^^»".w'4vfi .
§ 2803.1-3 Bonding.
The authorized officer mats require the
holcle.r of a 'riglil-of-way grunt or
tetrapt►l-ary use perinit to furnish a bond
or'other security satisfactory to hire, to
secure the obligations imposed by the
grant or permil and applicable laws and
regulations.
§ 2803.1-4 Liability.
(a) Except as provided in paragraph
-rl of This section. each holder shill] he
lftvl�llv liable to the United States for any
damage or injury incurred by the United
States in connection with the use and
occupancy of the righl-of-wa3 or permil
area by the holder.
(b) Except as provided in paragraph
(f) of this section. holders shall be held
to a standard of strict liability for any
activity or facility within a right-of-wdy
or permit area which the authorized
officer determines, in his discretion.
presents a foreseeable hazard or risk of
damage or injury to the United States.
The activities and facilities to which
such standards shall apply shall be
specified in the right-of-way grant or
temporary use permit. Strict liability
shall not be imposed for damage or
injury resulting }primarily from an act of
war, an Act of God or the negligence of
the United States. To the extent
consistent with other laws. strict
liability shall e�k.lend to costs incurred
by the United States for control and
abatement of conditions. such as fire or
'1 spi*11s, which threaten lives, property
� the environment, regardless of
whether the threeit occurs on areas that
are under Federal jurisdiction.
Stipulations in right-of-way grants and
temporary use permits imposing strict
liability shadl specify a maximum
limitation on deniages which, in the
judgment of the authorized officer, is
commensurate with this foreseeable
risks or hazards presented. The
maximum hinitatio:, shall not -exceed
$1,000,03C) for any one event, and any
liability in excess of such amount shall
be determined by the ordinary rules of
negligence of the jurisdiction in which
the damage or injury occurred.
(c) In any case inhere strict liability is
imposed znd the damage or injury was
caused by a third party, the rules of
subrogation shall apply in accordance
with the'law of the jurisdiction in which
the damage or injury occurred.
(d) Except as p.,(ivided in p irag,e.ph
(f) of this section, }solders shall be fully
liable; for injuries or darnages to third
i ties resulting from acti► ities or
rr ilitir.s on lands under Federal
jurisdiction in which the damage or
injury occurred.
(e) Except as provided in paragraph (n
of this section. holders shrill filly
indemnify or hold harmless the; United
States for liability, dainap! or clainis
arising in comiection with the holder's
use and occupancy of rights -of -wiry or
perniit areas.
(f) if a holeler is a State or local
gcvernmept, or ageiicy or
instrumentality thereof, it shall be liable
t fullest extent its laws allow at the
time it is granted aright -of -way grant or
temporary.use permit. To the extent
such a holder does not have they powor
to assume liability. it shall be required
to repair damages or make restitution to
the fullest extent of its powers at the
time of any damage or injury.
(g) All owners of any interest in. and
all affilia`es or subsidiaries of any
holder of a right-of-way grant or
temporary use permit. except for
corporate stockholders. shall be jointly
and severally liable to the United States
in the event that a claim cannot be
satisfied by the holder.
(h) Except es otherwise expressly
provided in this section. t`re provision in
this section fcsr a< remedy is not intended
to limit or exclude any other remedy.
(i) if the right -of -:very grant cu-
temporary use permit is issued to -mere
than one holder, each shall be j;rnt)y
and Severally liable under tWs section.
§ 28Q3.2 Holder activity.
(a) If a notice to proceed requirement
has been inclisded in the gran: or permiL
the holder shall not i- it.iate construction.
o,acupancy or use until the acilliorized
officer issues a notice to proceed.
fb) Any substantial ceviation in
location or authorised use by the holder
daring construction, operation or
maintenance shall be made on)), with
prior approval of the authorized officer
under g '"8J3.&-1 of this Ulie for Lie
purposes of this paragraph. Sint*"--2tW
deviation means:
(1) With respect to location. the holder
has constructed the authorized fcility
outside the prescribed boundaries of the
right-of-way authorized by the instant
grant or permit.
(2) With respect to use. the bolder bas
changed or modified the authorized use
by adding equipment. overhead or
underground lines. pipelines. structures
or other facilities not authorized in the.
instant grant or {permit.
lc) The holder shall notify -the
authorized officer of an), change in
status subsequent to the application yr
issuance of the right -a -way grant yr
temp wry use permit. Such chan;ec
include, but are not limited to, legal
mailing address, financial condition.
business or corporate status. VOteen
req►lestcd by the authorized officer, the
holder shall update andjor attest to the
accuracy of any information previously
submi!!o:d.
Jd) If required by the terms of the
riphl-of-wily grant or lemporary use
permit. the holder shall, subsequent to
construction and prior to comm(mcing
operations. submit to the authorised
officer a certification of constructiorL
verifying thr:l the facility has been
co> t acted and tested in accordance
with terms of tLe right-of-way grant or
temporary use permiL and in
compLance with any required plans And
specif`icat:ons. aruj applicataie Federal
and State laws and regulations.
§ 2803.3 trnmedlate ternporaty ouspenadon
of aCtivibe&
(a) if the authorized officer determines
that an immediate temporary suspension
of activities within a right-of-wr-y or
permit ama fc►r violation of the t ems
and co.-iditions of the right -&-way
aut.horizaticni is nece&% r!r to protect
public health or safety or the
environment_ be, she may promptly
rebate such activities prior to an
administrative prooeedi g.
(b) The authorized officer may give an
immediate temporary suspension order
orally or in writLng at the site of Vue
activity to the holder or a contractar or
subcontractor of Ohe holder, or to any
iepresentative, agent e.inployee or
contrdetor of the holder. and the
suspended activity shall cease at that
time. As soon as practicable, the
authorized officer shall corif:rm an oral
order by a written notice to the noisier
addressed to the hoider or the bolder s
designated agent.
(c) An order of immediate tenipcsary
suspension of actin lines shall remain
effective until the authorized cffiGer
issues an order permitting resumption of
activities.
(d) An-t tine flf€er a;n ruder of
immediate temporary sus)>ecnsion bas
been issued. tiwe bot-icr mar file with dine
authorized dicer a roaun=t for
permissian to rerum— > 4e request shall
be in w,4tine and shall cc-nt.ain a
statement of the facts supparting the
reques,
(e) The aulbarized officer may render
an order to either grant or deny the
request is resume wit.1-An 5 v orking da)•s
of the date the rr-quezt is filed. If the
authorized officer does not render as
order on ;he req*_:est within 5 working
days. the request shall be consiuemd
deviei and the holder stall have the
sarne right to appeal the denial e-i if a
final order du}nits the request had bo-en
issue) by the &L-Lil ri.zed officer.
§ 2803.4 Suspension and lermination of
rignt-Of-way authorizations.
(a) if t%:e !-:-*(-of-way grant or
temporary use permit provides by its
terms the! it shall terminate on the
occurrence of a fixed or agreed -upon
condition. event. or time. the right-of-
way authorzation shall thereupon
automatically terminate by operation of
law. unless some other procedure is
specified in the right-ol-way grunt or
temporary use per -roil. The authorized
`qv ►
officer play terminate a risk( -of -way
grant or ie:iiiporary use lxa-uut w ben the
,.halder,requests or consent_% to its
termisustiotm is t'laiting.
(h) The auth,�:rized officer sntiv
suspt,nd ur te•ritknate u rigi t-of-Way
grant or lerr:po_•Ary use pennit if he
determines that the holder
hats failed to con ply Lath
applicable lu,%-s or regulations, or any
terms. conditions ar stipulat.c>as of the
right -of -flan?, grant or tLnnpomr•y use
permit or has abandoned the right-of-
way.
(c) Failure of the holder of a sriglmt-of-
way grant to use the right-of-nny list' the
purpose for %vbich the authorixalion teas
issued for sny continuous fine -year
period almstl constitute a presumption of
abandonment. Tiie h;hder mar rebut the
presumplior, by proving, that leis failure
to use tite right -of -why was due to
circumstances not iviLiin the holder's
control-
(d) Bci'ore nmspending or terminausig a
right-of-way grnl:t pursuant to
paragraph (b) of this section. the
autlwrized officer r1all give the holder
wriitCn notim tl'.at such action Is
contetrphtled caul the grounds thu- -cfcz
and shall abort d.,e holder a reasuriable'
opportunity to ciwe such noncornplip oe.
(a)1r. 01te cr:se of a grant
that is under its 4rms an easerne:nt, the
author Ld c rfic:cr shall giv? written
:iatirc to the holder, of the mi:;pension or
tel-miriation rind sshafi refer t?:e mattes to
the Of:`ic:e of l ire:rings and Ap y sls for sa
hearing before all Adr.fl: istrMb% L 1.niv
Judge put mart` to 93 CRI. Part 4. if the
'
Adn:ir:istratirF t✓.t,r► juc:gr.. drat- alines
thr:t r,,ounds Coo suspension or
terminatson exist rind such atiivr- is
justified. the au. orired af:tce-r shall
suspend or le: tainaie the right -of -MY
grant- '
§ 21343.4-1 i):s:+o%jumq of i m;x-ovoffciants
Upon temlinalions.
Within .% r easonpble time afler
tGI:71ln8�iJIi, rri':)!:i tlCn O: •::!r•ce:11%it:!7t7
of a rid;' 1-of t,•3ti c;rtn.t. tht,1• (IMP. Shall.
unless direc:tc.d othervvibc: in writing by
the a0;1ori-ea officer. rctnove such
structures anfa isYcrrrvverr-enis and shall
restore the site trm a co:ulition
saUsfac!or�" to the authorized officer. if
the holder fails to remove all sttr.h
Structures or Crt:rals wh1un c
ref+scent+talc' f►r.*ir. _, as determined by the
rtut}i�ri�c:d coil":i.cr, they shall become the
NVMO� prrstwi v of tlsc United SWles, bul the
holder shall remain liablt; for the cost of
removal of the struc:turv% and
itlipl-ovunlents and for restoration of the
site.
903.5 Change ln'Fedaml Nwisdicttawt Cr
�dpoaat of Land&
(a) Wbere a right-of-way grant os
temporary use permit administered
Lander these regulations traverses public
lands that are transferred to another•
Federal agency. administration of the
right-of-way shall at the discretion of
the authorized of weir- be assigned to the
acquiring agency unless such
assignment would diinin" lime rights of
the holder. .
(bj Where a right-of-way grant or
temporary use permit traverses public
lands chat are transferred out of Federal
ownership, the transfer of the land shall.
at Lhe discretion of the authorized
officer. include an assignment of the
right-of-way, be made subject to the
right-of-way. or the United States may
reserve unto itself the land Encumbered
by the right-of-way. "
§ 2803.6 AeYmendmeMe, essignnw"ft and
renerrats.
§ 2803.6-1 Amendments.
(a) Any substantial deviation in
location tar• use as set forth in J 2T3 3.2(bi
of this title shall require the holder of a
grant or permit to file an amended
app:ication. The requiremen!s for the
amended application and the filing rare
the same and shall .be accaniplished in
the manner as set forth i"n subpart 2802
of this title.
(b) I molders of right -or -way grants
issued before October 23- 1976, who tired
it necessary to amend tt:eir grants
ry
shall comply with Paragraph (a) of this
section in filing their applications. Upon
acceptance of the amended applicadw
by the authorized officer an amended
rig'tsi.or-way grant shall be issued. To
the fullest extent possible. and ,ovhen in
the public interest as determ:.^.ed from
current land use Flans and other
management decisions, the amended
grant shall contain the same terms and
conditions set forth in the ortriral grant
with respet-t to annual rent. duration
and nat-ire of interest.
§ 28G3.6-2 Amendments to ex;szng
raitroall grants.
(a) An amended application re:auired
under s 26t13.6-1(a) or (b). as
apprcpriate. se:ali be fined with tht-
authorized officer for ary riralignment of
a railroad and appurtenant
communication focilities which ale
required to 6e relocated clue to the
rep!tKnment. Upun accmeptance of the
amended application by the authorized
officer, an amended right -of -away grant
shall be issutid within 6months a! Jaw
of acceptance of the a,pplicntmun. The
date of acceptance of the eppl.ictitiuo for
the purpose of this part gr4i soh" lee
rmined in accordance with
of this title.
(b) Notwithstanding the regulations of
this pnrt. the authorized officer may
include in the amended grant the same
terms and*conditions of the original
grant with respect to the payment cd
annual rental, duration• and nastam of
interest if be/she finds them to be in the
public interest and the lands involved
are not within aim incorporated
community and are of approximately
equal value.
§ 2803.6-3 Asstgurim nts.
Any proposed essi.gan ent in whole or
in part of any right or interest in a right -
of -sway grant or temporary use permit,
acquired pursuant to the regulations of
this part shall be filed in eccnrda.nee
with t§ 2802.1 1 and 2.802.3 of this title.
The application for 3asialsment shah be
accompanied by the same xhowLnE, of
qualifications of the assignee as it the
assignee were filing an applicatian for a
right-of-way grant or temporary use
permit undex'the regulations of this part.
In addition, the assignment simian be
supported by a sripulation That I;-
, -assignee agrees to oo.rmply -Aitb aird to
be bound by the terms and conditions of
the grant to be assigned plus any
additional terms and-condi:ions and any
special stipuabtions that ;he authorized
officer may impase. No assignment shall
be recognized unless end -until it is
approved in wntm; in the authorized
officer.
2803.6-4 peimtmtxsan,* nt of cost for
aesi3nment&
All filir-gs mar asfiignnlemts made
pursuant to this sootion shall be
accompanied ln- a noare+undabie
pit}'meat of M.t� fr;:ri tie uNsigntzr.
Exceptions for a •com-efundab a pisynent
for an assignmert am sarne as in
§ .8C2.1 of this titles.
2803.6-5 Renewals of right -of -luny
grants and temporary use permits.
,(d; "'hen a grant pmvides That it may
be renewed. the authorized officer shall
renew the grant so long as the project or
facility is still being used fcr purpo;tes
authorized in the original grant and is
being operated acid maintained to
accordance with all the provisions of the
gran' and vursuan! to the regulations of
this title.
.(b) When a grant !does tit csarit:ain a
prov4t4on for renewal. the authorized
offic:ter, tr{jars request from the holder
and prior to The CK11irrttion of the grant.
ratty renew the gr tnt tit his drrwrertion• A
renewal pu. sttant to this nection OILL11
comply with the saint provisions
contained in paragraph (a) of this
Kection.
1c:) TomporlA-use permits i.ssu o-d
ptrrmwnl to hire rq-,ulations of 1his part
may be renewed nt Lie discretion of the
authcrized officer. 11re Lol&-r of r
perinit desiring a renewal sha1J notify
the authorized ofric e!r in %-riting of the
need for renewal prior Sn its expiration
date. upon receipt of the notice. the
orized ofticcr shall either renew the
J*mrr{-sit or teed the mquest.
(d) Reiwwals cis: grants and permits
pursuant to paragraphs 1a). (b) and tc) of
this sedhorn are not su%eot to § 2:W3.1-1
of this title.
(e) Denial of tiny re -quest for rv-newal
by the authorized rriiicer Etnder
paragraphs fh) anti tr.) vt this s(-chart
shrill be frwil with no right of review or
appeal.
Subpart �8--,flpr•�
§ 2804.1 Appeals procedure.
1x) AU appeals ttn;'ker this pant &kall be
takes tinder 43 ,CYR Pert 4 from emy final
decision of the authorized officer to the
Office of the Secretary, Board. of Lard
Appeals.
(f,) All docisia-us of ("Le aut:hcu;:f: A
officer under this }sari nlialI remain
effeetize Im-nr}ing upliz:al tM? sa tl.•:e
Sr-cretary roles othci ., i=- . and the
provisions of -13 UR 4.y1t2) eaali not
apply to ruch decisions.
:part 2806—Designation of Right -
of -Way Corridors
§ 2006.1 Corridor designation.
(a) The authorized officer may. based
upon his/her motion or receipt of an
application, designate right-of-way
corridors across any public lards in
order to minimize adverse
environmental impacts and the
proliferation of separate rights -of -way.
The designation of corridors shall not
preclude the granting of separate rights -
of -way over, upon, under or through the
public lands where the authorized
officer determines that confinement to a
currid,or is not appropriate.
b. Any existing traa;sportalion and
utility corridor that is capable of
accommodating an additional
compatil-t- ri--l;t-w-way may he
dt SIrS',lint[!ll i[S i2 corridor by
the auvim zed officer without further
review as required in § 2-806.2 of this
1i111.. Subsequent right-of-way grants
1 . to the extent practical an[l as
cmined by the authorized officer, be
confined to designated corridors.
however, the dw;ignalion of a right-of-
way corridor is not a cominitment by the
authorized officer to issue right-of-way
grants within the corridor. All
applications for right-of-way grants,
including those %vithin deslt;na1(.d
corridors, are subject to the procedure
for .approval set forth in § 21102 of this
title.
§ 2806.2 Designation criteria.
The locations and boundary of
dc:signalied right-of-way corridors
shrill be determined by the authorized
officer after it thurough review bf:
(a) Federal. State and local land -use
plains and applicable Federal anti State
laws.
(h) l:m•irunmentak impacts on natural'
resourc(,s including soil, air. water. fish.
wildlife. vrgelation and on cultural
resources.
(c) Physical effects and constraints on
corridor placement or rights -of -way
placed therein clue to geology.
hydrology, meteorology, soil or land
forms.
(d) Economic efficiency of plating a
right-of-way within a corridor, taking
into consideration costs of construction.
operation and maintenance. and costs of
modifying or relocating existing
facilities in a proposed corridor.
(e) National security risks.
(f) potential health and safety hazards
to the public lands users and the general
public due to materials or activities
within the right-of-way corridor. -
-(g) Engineering and technological
compatibility of proposed and existing
facilities.
(h) Social and economic impacts of
the facilities on public lands users,
adjacent landowners and other groups
or individuals.
§ 2806.2-1 Procedures for designation.
ta)1'hr. designation of a right-of-%vay
corridor sI.all lie by decision of the
autrarizvd officer. A land use plan or
plan amendment which co.glains tlic
designation of a right-of-way corridors)
meets tine nolific a,ion requireniC'ill8 of
this Fectionl.: and
(h) The authorized officer shell take
appropriate measures to inform the
public of designated corridors, so that existinc
and potential right-of-way applicants,
governmental agencies and the general
public v.ill be aware of such corridor
locations and any restrictions applicable
thereto. Public notice of such
designations may be given thrt.ugh
publication in local newspapc!rs or
through distribution of planning
documents, environmental impact
statements or other appropriate
documents.
Subpart 2807--Reservation to Federal
Agencies
§ 2807.1 Application filing.
A Federal agency desiring a right-of-
way or temporary use permit over, upon,
under or through lire public. lands
pursuant to this part, shall apply to the-
authorized officer and comply.wPh th;-
Provisim)s of subpart 2802 of thi., title to
the extent that this rrquirenionts of
subpart 2801 of this title Lire appropriaty
for Federal agencies.
§ 2807.1-1 Document prey iration.
(a) The right -of -gray lion need
not conform to [hot agency':: proposal.
but may contain such modifications.
terms. conditions or s6pul:ations.
including t:han€es in route or site
location, ns the authorized officer
determines appropriate.
(b) All provisions of the regulations
contain(,('. in this Part shrill, to the extent
possible, apply and h(, incorporated i::to
the resen ation to the Federal'agency.
§ 2C07.1-2 Reservation terrninatioWand
suspension.
The authorized officer ma,y suspend or
terminate the reservation only in
accordance with the terms :and
conditions of the reservation, or with the
consent of the )lead of the department or
agency holding the reservation.
2. The following are dr-deted: (a)
Subpart 2811 of pa: t 2810: (l.,) Subf+art
2022 of part 28%0; (c) Part 21S-t0: (d) Part
2850. (e) fart 21_ O; (f) Parl 2370: (g) P�:rt
2890, (h) All appendices to group 280o.
Cecil D. Artd. m..
o; I& I terror.
junc 26. 18iQ0.
iPR Doc. w-iwisz riled 0,30-M 8AS *nil
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