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