---
kind: "section"
citation: "43 C.F.R. § 2802.10"
title: "43"
number: "2802.10"
heading: "What lands are available for grants?"
url: "https://uscodex.org/cfr/43/2802.10"
---

# §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  - (2) The lands are specifically segregated or withdrawn from right-of-way uses; or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](/cfr/43/2802.11.md) 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.

## Notes

### 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]