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§2885.13. What rights does the United States retain?

43 C.F.R. § 2885.13

The United States retains and may exercise any rights the grant or TUP does not expressly convey to you. These include the United States' right to:
(a)
Access the lands covered by the grant or TUP at any time and enter any facility you construct on the right-of-way or TUP area. BLM will give you reasonable notice before it enters any facility on the right-of-way or TUP area;
(b)
Require common use of your right-of-way or TUP area, including subsurface and air space, and authorize use of the right-of-way or TUP area 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 covered by the grant or TUP, 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 § 2885.12 of this subpart;
(d)
Determine whether or not your grant is renewable; and
(e)
Change the terms and conditions of your grant or TUP as a result of changes in legislation, regulation, or as otherwise necessary to protect public health or safety or the environment.
Notes, amendments, and revision history

Authority

Authority: 30 U.S.C. 185 and 189, and 43 U.S.C. 1732(b), 1733, and 1740.

Source

Source: 70 FR 21078, Apr. 22, 2005, unless otherwise noted.