Title 43
SECTION 2807.20
2807.20 When must I amend my application, seek an amendment of my grant, or obtain a new grant
§ 2807.20 When must I amend my application, seek an amendment of my grant, or obtain a new grant?(a) You must amend your application or seek an amendment of your grant when there is a proposed substantial deviation in location or use.
(b) The requirements to amend an application or grant are the same as those for a new application, including paying processing and monitoring fees and rent according to §§ 2804.14, 2805.16, and 2806.10 of this part.
(c) Any activity not authorized by your grant may subject you to prosecution under applicable law and to trespass charges under subpart 2808 of this part.
(d) If your grant was issued prior to October 21, 1976, and there is a proposed substantial deviation in the location or use or terms and conditions of your right-of-way grant, you must apply for a new grant consistent with the remainder of this section. BLM may respond to your request in one of the following ways:
(1) If BLM approves your application, BLM will terminate your old grant and you will receive a new grant under 43 U.S.C. 1761 et seq. and the regulations in this part. BLM may include the same terms and conditions in the new grant as were in the original grant as to annual rent, duration, and nature of interest if BLM determines, based on current land use plans and other management decisions, that it is in the public interest to do so; or
(2) Alternatively, BLM may keep the old grant in effect and issue a new grant for the new use or location, or terms and conditions.
(e) You must apply for a new grant to allow realignment of your railroad and appurtenant communication facilities. BLM must issue a decision within 6 months after it receives your complete application. BLM may include the same terms and conditions in the new grant as were in the original grant as to annual rent, duration, and nature of interest if:
(1) These terms are in the public interest;
(2) The lands are of approximately equal value; and
(3) The lands involved are not within an incorporated community.