4. Decision

 

The BLM formally notifies the applicant in writing that processing is complete and either offers to grant a ROW or denies the application.  If a grant is offered, the letter details the terms and conditions of the grant and the monitoring fees that are due.  The grant specifies the location and dimensions of the ROW; the term of the grant (generally 30 years, with a right to renew); the annual rent; and any special impact-mitigation requirements.

For large-scale projects, the grant often specifies that the grantholder must submit plans for construction and maintenance — which the BLM must approve separately — before any surface disturbance in the ROW can occur. 

Decisions on any project-specific analysis under NEPA — a decision record for an environmental assessment (EA) or a Record of Decision (ROD) for an environmental impact statement (EIS) — are published more broadly, often in the Federal Register, according to the regulations and BLM policy on implementing NEPA. 

The applicant accepts the grant offer by signing and returning the paperwork to the BLM with payment for the monitoring fee and first year's rent.

A small-diameter pipe irrigates cropland.

> for Applicants | Grant Issuance 
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The BLM may decide to deny an application for any of a number of reasons:

  • The proposed use conflicts with valid existing rights on the lands requested.
  • The proposed use does not conform with the land use plan for the area, that is, the purpose(s) for which the lands are managed.
  • The applicant is not technically or financially capable of accomplishing the project or is otherwise not qualified.
  • The proposal is inconsistent with federal, state or local laws.
  • Serious environmental consequences that cannot be mitigated may occur from the project.
  • The proposal would not be in the public interest.

If an application is denied, the BLM will explain the reasons in writing, along with information on how to appeal




Case Examples

APPLICANT #1: An individual seeking to renew an expiring ROW grant

One week after receiving payment for the processing fee, the BLM sends the applicant a written offer to renew his ROW grant. The letter specifies the location and dimensions of the ROW, the term of the grant, the annual rental charge, and the amount due for monitoring.

APPLICANT #2: A local telecomm provider applying for a communications site ROW

While waiting for weather that would allow the BLM to complete an environmental assessment of the proposed project, the applicant negotiates an agreement with the holder of a ROW on a nearby parcel of public land to lease space on the existing tower there. The company withdraws its application with the BLM.