Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 43 - Public Lands: Interior |
Subtitle B - Regulations Relating to Public Lands |
Chapter II - Bureau of Land Management, Department of the Interior |
SubChapter B - Land Resource Management (2000) |
Part 2800 - Rights-of-Way Under the Federal Land Policy Management Act |
Subpart 2803 - Qualifications for Holding FLPMA Grants |
§ 2803.5 - Change in Federal jurisdiction or disposal of lands.
Latest version.
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(a) Where a right-of-way grant or temporary use permit administered under these regulations traverses public lands that are transferred to another Federal agency, administration of the right-of-way shall, at the discretion of the authorized officer, be assigned to the acquiring agency unless such assignment would diminish the rights of the holder.
(b) Where a right-of-way grant or temporary use permit traverses public lands that are transferred out of Federal ownership, the transfer of the land shall, at the discretion of the authorized officer, include an assignment of the right-of-way, be made subject to the right-of-way, or the United States may reserve unto itself the land encumbered by the right-of-way.