Title V Rights-of-Way/Temporary Use Permits Sample Clauses

Title V Rights-of-Way/Temporary Use Permits. Use of public land for highway-related purposes that are not eligible for Title 23 funding requires written authorization by BLM, unless the proposed use is determined by the BLM Authorized Officer (AO) to be casual use. Examples of casual use include driving vehicles over existing roads, surveying, marking routes, collecting data to prepare an application for a use authorization, and certain other activities that do not cause any appreciable disturbance or damage to the public lands, resources, or improvements. It is anticipated that there will be few situations where ADOT will need to obtain a right-of-way (ROW) or temporary use permit (TUP) for use of public lands pursuant to Title V of the Federal Land Policy and Management Act (FLPMA) and the implementing regulations at 43 C.F.R. Part 2800. A contractor, on the other hand, is more likely to need a ROW or TUP for highway-related uses outside the highway ROW. The entire process is elaborated herein to ensure better understanding of the full process that BLM is required to follow in considering any application for a ROW or TUP on public lands, whether the application is filed by ADOT or by a contractor. ADOT is exempt from paying cost recovery fees and rental when obtaining a ROW or TUP. A contractor, however, is required to pay cost recovery and rental for a ROW or TUP on public lands, unless the contractor is officially designated by ADOT to serve as ADOT’s authorized agent. In such cases, ADOT would still be considered the Applicant and any authorization would be issued to ADOT, not the contractor. The following discussion is D-42 24 MOU No. AZ-931-0309 written as though ADOT, or a contractor serving as ADOT’s authorized agent, is requesting a ROW or TUP, and therefore, contains no references to payment of cost recovery or rent.