Responsibilities of Right-of-Way Grant Holders

Once you have a signed ROW grant, you can proceed with your plans, unless your grant has a Notice to Proceed (NTP) stipulation. In this circumstance, the BLM will notify you in writing when you can begin activities on the area authorized in the grant.

A ROW holder may use the ROW only for those purposes authorized in the grant. You must follow the terms and conditions in the ROW grant. You are responsible for notifying the local BLM office of any changes in your address or legal rights to hold the grant.

The ROW grant holder is responsible for damage or injuries to the United States Government in connection with the use of the ROW. The grant holder indemnifies or insures the United States Government harmless for third-party liability, damages or claims arising from the holder's use and occupancy of the ROW.

The BLM may suspend or terminate a ROW if the holder does not comply with the applicable laws, regulations, terms or conditions. The BLM may also add additional terms and conditions to the grant, including bonding, and require an immediate temporary suspension of activities within a ROW, to protect  public health and safety or the environment.
 

ROW Amendments

If you want to change, improve, or add to your project once you have a ROW grant you will need to get approval from BLM. Contact the Field Office Manager to determine if your proposed changes require an amendment to your ROW grant.

To amend your ROW grant, you must complete a new SF-299 and receive prior written approval from the BLM for any change in location or authorized use during construction, operation or maintenance.

We process your amendment request in the same manner as a new application, including new terms and conditions, cost recovery fees, monitoring fees and bonding, and may also adjust the rent.

Assignments

Assignment is transferring all or part of your ROW to another person/entity. The Assignee must fill out SF-299, questions 1-6 and 12, and submit it to the BLM office that issued the original ROW grant.

In addition, the original ROW grant holder (Assignor) must sign a document agreeing to the assignment, and the proposed assignee must sign a statement agreeing to be bound by the terms and conditions of the grant. 

Assignment to the new holder is not legally recognized until the BLM has approved in writing. A processing fee will be charged for the Assignment process.

Renewals

If your ROW grant specifies that it is renewable, you must apply to BLM to renew it at least 120 calendar days before your grant expires. We will renew the grant if you are in compliance with its terms and conditions. If your grant does not address whether it is renewable, you may apply to BLM to renew your grant at least 120 calendar days before your grant expires.

The BLM has the discretion to renew the grant, if doing so is in the public interest, and may change or add terms and conditions to the new ROW grant.

Appeals

Any party to a case who is adversely affected by a decision of the BLM has the right to appeal that decision.

If your ROW application is denied, the BLM will provide you with a written decision explaining the reason(s) for denying the ROW, as well as information on how and where to file an appeal, should you wish to do so.

You may also appeal other decisions, such as the determination of the Processing and Monitoring categories.