Case Examples

APPLICANT #1:  
An individual holding a ROW grant that is about to expire wishes to renew the grant.

The ROW is re-issued and the applicant — now a grantholder — has permission to continue using the ROW for the full term of the renewed grant under the specified terms and conditions.  

APPLICANT #2:  
A local telecomm provider plans to erect a tower on BLM-managed land to service rural communities in the area.

The BLM halted processing the application at the request of the applicant, after the company was able to negotiate alternate arrangements for placing its tower.

On larger-scale projects, work cannot begin until the BLM approves the grantholder's maintenance and construction plans and issues a Notice to Proceed.  This approval is separate from the decision to grant the ROW.

In all cases, regulations reserve the BLM's right to revoke a grant if the grantholder does not make use of the ROW within 5 years.  Terms, conditions, or stipulations of a particular grant may lengthen or shorten this window.

 

The BLM administers a ROW grant by monitoring the project according to the terms, conditions and stipulations, and collecting rental fees.

The BLM may suspend or terminate a ROW if the holder is not complying with applicable laws, regulations, terms, or conditions.  The BLM may also amend the grant by adding additional terms or conditions when necessary, or may require suspension of activities within a ROW to protect public health and safety or the environment.

The grantholder may amend the ROW to allow for changes, improvements or additions to the project.  The BLM must approve any proposed amendments and will process amendment requests in the same manner as new applications.

The grantholder may also transfer, or assign, all or part of the ROW to another person or entity.  The party to whom the ROW would be assigned must apply to the BLM by completing Items 1-6, 12 and 19 of SF-299, and the current holder must submit a signed statement agreeing to the assignment, which is legally recognized once the BLM approves in writing.

If the ROW grant specifies that it is renewable, the holder must apply to renew at least 120 calendar days before it expires.  If the grant does not specify, the holder may apply to renew at least 120 days before it expires.  The BLM has discretion to renew the grant if doing so is in the public interest.  Terms and conditions associated with the ROW grant may be changed or added to as part of renewal.