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43 C.F.R. §§ 2807.17–2807.19

3 sections in range

§2807.17. Under what conditions may BLM suspend or terminate my grant or lease?

43 C.F.R. § 2807.17

(a)
BLM may suspend or terminate your grant if you do not comply with applicable laws and regulations or any terms, conditions, or stipulations of the grant (such as rent payments), or if you abandon the right-of-way.
(b)
A grant also terminates when—
(1)
The grant contains a term or condition that has been met that requires the grant to terminate;
(2)
BLM consents in writing to your request to relinquish the grant;
(3)
A court terminates it or requires the BLM to terminate it; or
(4)
It is required by law to terminate.
(c)
Your failure to use your right-of-way for its authorized purpose for any continuous 5-year period creates a presumption of abandonment, except for solar and wind energy rights-of-way. Consistent with § 2805.12(c)(8), a presumption of abandonment or insufficient productivity of a grant or lease for a solar or wind energy generation occurs for any continuous two calendar-year period.
(d)
The BLM may suspend or terminate another Federal agency's grant only if:
(1)
The terms and conditions of the Federal agency's grant allow it; or
(2)
The agency head holding the grant consents to it.
(e)
You may appeal a decision under this section under § 2801.10 of this part.
Notes, amendments, and revision history

Amendments

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92223, Dec. 19, 2016; 89 FR 25965, Apr. 12, 2024; 89 FR 35682, May 1, 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 81 FR 92223, Dec. 19, 2016; 89 FR 25965, Apr. 12, 2024; 89 FR 35682, May 1, 2024]

§2807.18. How will I know that BLM intends to suspend or terminate my grant?

43 C.F.R. § 2807.18

(a)
Before BLM suspends or terminates your grant under § 2807.17(a) of this subpart, it will send you a written notice stating that it intends to suspend or terminate your grant and giving the grounds for such action. The notice will give you a reasonable opportunity to correct any noncompliance or start or resume use of the right-of-way, as appropriate.
(b)
To suspend or terminate a grant issued as an easement, BLM must give you written notice and refer the matter to the Office of Hearings and Appeals for a hearing before an ALJ under 5 U.S.C. 554. No hearing is required if the grant provided by its terms for termination on the occurrence of a fixed or agreed upon condition, event, or time. If the ALJ determines that grounds for suspension or termination exist and such action is justified, BLM will suspend or terminate the grant.
Notes, amendments, and revision history

Authority

Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.

Source

Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

§2807.19. When my grant terminates, what happens to any facilities on it?

43 C.F.R. § 2807.19

(a)
After your grant terminates, you must remove any facilities within the right-of-way within a reasonable time, as determined by BLM, unless BLM instructs you otherwise in writing, or termination is due to non-payment of rent (see § 2806.13(c) of this part).
(b)
After removing the facilities, you must remediate and restore the right-of-way area to a condition satisfactory to BLM, including the removal and clean up of any hazardous materials.
(c)
If you do not remove all facilities within a reasonable period as determined by BLM, BLM may declare them to be the property of the United States. However, you are still liable for the costs of removing them and for remediating and restoring the right-of-way area.
Notes, amendments, and revision history

Authority

Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.

Source

Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.