GENERAL30965

• Permit No: C1981018
• IBM Index Class Name: General Documents
• Doc Date: 7/23/1981
• Doc Name: RIGHT-OF-WAY GRANT RESPONSE TO STIPULATION 23
• Permit Index Doc Type: STIPULATIONS
• Media Type: D
• Archive: No

v
To comply with a~able State standards for pu~..lheulth and
safety, environmental p~6tection and siting, construction, operation and
maintenance, if these State standards are more stringent than Federal
standards For similar projects.
c. That all activities authorized by this ri¢ht-of-wav grant may be
suspended prior to an administrative proceeding, upon a determination by
the authorized officer that such suspension is necessary to protect the
public health and safety or the environment. An order of immediate
temporary suspension of activlties shall remain effective until the
authorized officer issues an order permitting resumption of activities.
d. That the authorized officer may suspend or terminate this righ[-
of-way grant if he determines that the holder is unwilling, unable or
has failed to comply with the applicable laws or regulations, or any
term, condition or stipulation of this document or has abandoned the
right-of-way. Failure of the holder to use the right-of-way for the
purposes authorized for any continuous five-year period shall constitute
a presumption of abandonment.
e. To provide the authorized officer with a statement, commencing on
the fifth year from the date of this right-of-way grant and every five
years thereafter, that the holder is. using the right-of-way for the
purposes authorized herein in accordance with the terms of this grant.
f. .To remove all structures and improvements within a reasonable time
after termination, revocation or cancellation of this right-of-way
grant, unless directed othen+ise in writing by the authorized officer,
and to restore the ..^.ite to a condition satisfactory to the authorized
officer. If the holder is directed by the authorized officer to remove
all such structures or improvements and fails to do so within a reasonable
period, as determined by the authorized officer, they shall become the
property of the United States, but the holder shall remain liable for .
the.cosr of removal of the structures and improvements and for restoration
of the site.
g. That this right-of-way grant cannot be conveyed, assigned or
otherwise transferred, in whole or in part, without prior written approval
by [he authorized officer. Any transfer will be subject to existing
regulations and such other terms, conditions and stipulations deemed
necessary at the time of approval of the transfer.
h. To notify the authorized officer of any change in the holder's
status, such as changes in legal mailing address, financial condition,
business or corporate status, and alien ownership.
i. That this right-of-way grant does not authorize the holder to
take from the public lands any mineral or vegetative material, including
timber, without securing prior authorization under the Materials Act (30
U.S.C. 601 et seq.; 43 CFR 3610) and paying in advance the fair market
value of the material so removed. However, common varieties of stone
and soil that are necessarily removed in the const.ruc[ion of this project
may be used elsewhere on public lands in the same project without additional
authorization and payment. In the performance of normal maintenance,
the holder shall be allowed to do minor trimming, pruning and clearing
of vegetative material within the right-of-way and around constructed
facilities without additional authorization and payments.
j. To pay the fair market value for the right-of-way upon a determination
thereof by [he Bureau of Land Management. The holder has submitted a
deposit in the amount of $4,000 which amount is merely to insure payment
of rent and is not to be construed as having any relationship whatsoever
to the fair market value of the right-of-way. Upon a determination of
the fair market value, the holder will be notified of the required
amount and method of payment and will have the right of appeal. Failure
to submit any required payment within thirty days after notice of default
may result in termination o[ this grant. The Bureau of Land Panagement,
after tt~e initial dct^rmination of fair market value for tlic right-of-
way, reserves the right to review the fair market value determination
whenever necessary and to adjust it in accordance witl~ regulations and
nr~rPdnres to clrnr[ at *nc times nr rcvl~w. it ncrr•ssarv. to insure tiie
payment to [I~e United States oC full Cair market value of [lie right-of-
way. I[ is mutally :~grced that any determination or adjustment of [lie
fair market rental value will constitute an amendment of this grant.
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