Right-of-Way Management

A right-of-way (ROW) is an authorization to use a specific portion of public
land for a specific project, such as electric transmission lines, communication sites, roads, trails,
fiber optic lines, canals, flumes, pipelines, and reservoirs. BLM's policy is to authorize all ROW
applications, at the authorized officer's discretion. Generally, a ROW is granted for a term
appropriate for the life of the project.

Typically, ROWs are granted up to a maximum term of 30 years. However, there are a few
exceptions in which grants may be issued in perpetuity, and in Nevada this should be done
consistently at the District and Field Office level. Grants to state and local governments for
highways and roads, reciprocal grants, and grants or portions of grants for lands being transferred
out of Federal ownership, shall be issued in perpetuity, unless there are extenuating
circumstances that would necessitate less than perpetuity, which would require State Director
approval. Short-Term rights-of-way for staging and work areas should be granted for less than
perpetuity.

In accordance with 43 CFR Subpart 2805 Terms and Conditions of Grants, it states:
10 (3) Will impose a specific term for the grant or lease ...

Per the BLM Rights-of-Way Manual 2800, 2805. 11 the following terms and conditions for
FLPMA Grants are applicable:

C. Term of the Grant. The term of each grant shall be specific and is
primarily dependent upon a reasonable period needed to accomplish the
purpose of the authorization.

1. Termination Date. All grants issued for more than one full year shall have a termination date of December 31st
2. Generally. Except as provided below in a., b., and c., no term should exceed 30years.
   1. Grants for State and Local Government highways and roads may be perpetual.
   2. Reciprocal grants must have equal terms and may be perpetual
   3. Grants or portions of grants involved in lands being transferred out of Federal ownership (see 43 CFR 2807.15)

Special Legislation may also direct the BLM to authorize specified types of uses to be granted in
perpetuity. For example: In the Southern Nevada District Office (SNDO), per the Southern
Nevada Public Land Management Act (SNPLMA) as amended, public law 105-263:

1. (2) Rights-of-way.--
   1. Issuance.--Upon application, by a unit of local government or regional governmental entity, the Secretary, in accordance with this Act and the Federal Land Policy and Management Act of 1976, and other applicable provisions of law, shall issue right-of-way grants on Federal lands in Clark County, Nevada, for all reservoirs, canals, channels, ditches, pipes, pipelines, tunnels, and other facilities and systems needed for--
      1. the impoundment, storage, treatment, transportation, or distribution of water(other than water from the Virgin River) or wastewater; or
      2. flood control management.
   2. Duration.--Right-of-way grants issued under this paragraph shall be valid in perpetuity.