Section 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 81 FR 92215, 1/18/2017; 89 FR 25962, 5/13/2024