C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General › PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT › Subpart 2807—Grant Administration and Operation

43 C.F.R. § 2807.19

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

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(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 of Decisions
Cited in 1 case, 2019–2019 · leading case: Az Elec. Power v. Djl 2007, 443 P.3d 24 (Ariz. Ct. App. 2019).
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Az Elec. Power v. Djl 2007, 443 P.3d 24 (Ariz. Ct. App. 2019). “The grant incorporated regulations including 43 C.F.R. § 2807.19 (a), which required the grantee to remove all facilities (defined as improvements or structures) after the grant expired.”
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