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43 U.S.C. 1733, 1740, 1763, 1764, and 3003.
70 FR 21058, Apr. 22, 2005, unless otherwise noted.
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(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.
[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]