43 CFR § 2805.15 - What rights does the United States retain?

---
identifier: "/us/cfr/t43/s2805.15"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 2805.15 - What rights does the United States retain?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "2805.15"
section_name: "What rights does the United States retain?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAND RESOURCE MANAGEMENT (2000)"
part_number: "2800"
part_name: "RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "43 U.S.C. 1733, 1740, 1763, 1764, and 3003."
regulatory_source: "70 FR 21058, Apr. 22, 2005, unless otherwise noted."
cfr_part: "2800"
---


# 2805.15 What rights does the United States retain?

The United States retains and may exercise any rights the grant does not expressly convey to you. These include BLM's right to:

(a) Access the lands and enter the facilities described in the authorization. The BLM will give you reasonable notice before it enters any facility on the right-of-way;

(b) Require common use of your right-of-way, including facilities (see § 2805.14(b)), subsurface, and air space, and authorize use of the right-of-way for compatible uses.

You may not charge for the use of the lands made subject to such additional right-of-way grants;

(c) Retain ownership of the resources of the land, including timber and vegetative or mineral materials and any other living or non-living resources. You have no right to use these resources, except as noted in § 2805.14(e) of this subpart;

(d) Determine whether or not your grant is renewable; and

(e) Change the terms and conditions of your grant as a result of changes in legislation, regulation, or as otherwise necessary to protect public health or safety or the environment. After a grant is signed by the BLM, any modification of the terms and conditions generally requires the BLM to issue a new or amended grant;

(f) Terminate your authorization for non-compliance; and

(g) Require you to provide applicable financial documents and supporting documents including, but not limited to, contractual and subleasing agreements.

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92215, Dec. 19, 2016; 89 FR 25962, Apr. 12, 2024]