43 CFR § 2866.14 - Under what circumstances am I exempt from paying rent?

---
identifier: "/us/cfr/t43/s2866.14"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 2866.14 - Under what circumstances am I exempt from paying rent?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "2866.14"
section_name: "Under what circumstances am I exempt from paying rent?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAND RESOURCE MANAGEMENT (2000)"
part_number: "2860"
part_name: "COMMUNICATIONS USES"
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 and 1764."
regulatory_source: "89 FR 25965, Apr. 12, 2024, unless otherwise noted."
cfr_part: "2860"
---


# 2866.14 Under what circumstances am I exempt from paying rent?

(a) You are exempt from rent under this part if:

(1) You are a Federal, State, or local governmental entity (except as provided by paragraph (b) of this section);

(2) You have been granted an exemption under a statute providing for such; or

(3) Your facilities were financed in whole or in part, or are eligible for financing, under the Rural Electrification Act of 1936, as amended (REA) (7 U.S.C. 901 *et seq.*) or are extensions of such facilities. However, when a holder who is exempt from rent under REA adds non-eligible tenant uses on the authorization, the holder will become subject to rent in accordance with §§ 2866.30 through 2866.44.

(b) Exceptions:

(1) The exemptions in this section do not apply if you are in trespass.

(2) If you are a governmental entity, you are not exempt from rent when:

(i) The facility, system, space, or any part of the authorization is being used for commercial purposes;

(ii) You are a municipal utility or cooperative whose principal source of revenue is customer charges; or

(iii) You charge the United States rent for occupancy within or on your facility beyond standard operation and maintenance fees.