43 C.F.R. § 2805.12 What terms and conditions must I comply with?
Title 43 - Public Lands: Interior
By accepting a grant, you agree to comply with and be bound by the following terms and conditions. During construction, operation, maintenance, and termination of the project you must: (a) To the extent practicable, comply with all existing and subsequently enacted, issued, or amended Federal laws and regulations and state laws and regulations applicable to the authorized use; (b) Rebuild and repair roads, fences, and established trails destroyed or damaged by the project; (c) Build and maintain suitable crossings for existing roads and significant trails that intersect the project; (d) Do everything reasonable to prevent and suppress wildfires on or in the immediate vicinity of the right-of-way area; (e) Not discriminate against any employee or applicant for employment during any phase of the project because of race, creed, color, sex, or national origin. You must also require subcontractors to not discriminate; (f) Pay monitoring fees and rent described in §2805.16 of this subpart and subpart 2806 of this part; (g) If BLM requires, obtain, and/or certify that you have obtained, a surety bond or other acceptable security to cover any losses, damages, or injury to human health, the environment, and property in connection with your use and occupancy of the right-of-way, including terminating the grant, and to secure all obligations imposed by the grant and applicable laws and regulations. If you plan to use hazardous materials in the operation of your grant, you must provide a bond that covers liability for damages or injuries resulting from releases or discharges of hazardous materials. BLM may require a bond, an increase or decrease in the value of an existing bond, or other acceptable security at any time during the term of the grant; (h) Assume full liability if third parties are injured or damages occur to property on or near the right-of-way (see §2807.12 of this part); (i) Comply with project-specific terms, conditions, and stipulations, including requirements to: (1) Restore, revegetate, and curtail erosion or conduct any other rehabilitation measure BLM determines necessary; (2) Ensure that activities in connection with the grant comply with air and water quality standards or related facility siting standards contained in applicable Federal or state law or regulations; (3) Control or prevent damage to: (i) Scenic, aesthetic, cultural, and environmental values, including fish and wildlife habitat; (ii) Public and private property; and (iii) Public health and safety; (4) Protect the interests of individuals living in the general area who rely on the area for subsistence uses as that term is used in Title VIII of Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111 et seq.); (5) Ensure that you construct, operate, maintain, and terminate the facilities on the lands in the right-of-way in a manner consistent with the grant; (6) When the state standards are more stringent than Federal standards, comply with state standards for public health and safety, environmental protection, and siting, constructing, operating, and maintaining any facilities and improvements on the right-of-way; and (7) Grant BLM an equivalent authorization for an access road across your land if BLM determines the reciprocal authorization is needed in the public interest and the authorization BLM issues to you is also for road access; (j) Immediately notify all Federal, state, tribal, and local agencies of any release or discharge of hazardous material reportable to such entity under applicable law. You must also notify BLM at the same time, and send BLM a copy of any written notification you prepared; (k) Not dispose of or store hazardous material on your right-of-way, except as provided by the terms, conditions, and stipulations of your grant; (l) Certify your compliance with all requirements of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001 et seq., when you receive, assign, renew, amend, or terminate your grant; (m) Control and remove any release or discharge of hazardous material on or near the right-of-way arising in connection with your use and occupancy of the right-of-way, whether or not the release or discharge is authorized under the grant. You must also remediate and restore lands and resources affected by the release or discharge to BLM's satisfaction and to the satisfaction of any other Federal, state, tribal, or local agency having jurisdiction over the land, resource, or hazardous material; (n) Comply with all liability and indemnification provisions and stipulations in the grant; (o) As BLM directs, provide diagrams or maps showing the location of any constructed facility; and (p) Comply with all other stipulations that BLM may require.
Title 43: Public Lands: Interior
PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT
Subpart 2805—Terms and Conditions of Grants
§ 2805.12 What terms and conditions must I comply with?
