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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 43 - Public Lands: Interior |
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Subtitle B - Regulations Relating to Public Lands |
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Chapter II - Bureau of Land Management, Department of the Interior |
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SubChapter B - Land Resource Management (2000) |
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Part 2800 - Rights-of-Way Under the Federal Land Policy Management Act |
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Subpart 2802 - Lands Available for FLPMA Grants |
§ 2802.10 - What lands are available for grants?
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§ 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(2) The lands are specifically segregated or withdrawn from right-of-way uses; or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 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 office nearest the lands you seek to use to:
(1) Determine whether or not the land you want to use is available for that use; and
(2) Begin discussions about any application you may need to file.