§2802.10. What lands are available for grants?
43 C.F.R. § 2802.10
In its discretion, BLM may grant rights-of-way on any lands under its jurisdiction except when:
A statute, regulation, or public land order specifically excludes rights-of-way;
The lands are specifically segregated or withdrawn from right-of-way uses; or
BLM identifies areas in its land use plans or in the analysis of an application as inappropriate for right-of-way uses.
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.
You should contact the BLM to—
Determine the appropriate BLM office with which to coordinate;
Determine whether or not the land you want to use is available for that use; and
Begin discussions about any application(s) you may need to file.
Notes, amendments, and revision history
Amendments
[70 FR 21058, Apr. 22, 2005, as amended at 89 FR 25959, Apr. 12, 2024]
Authority
Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.
Source
Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.
Amendments
[70 FR 21058, Apr. 22, 2005, as amended at 89 FR 25959, Apr. 12, 2024]