How does this rule affect hazardous material use on rights-of-ways on Federal lands?
BLM may now add language after the grant is issued to the terms & conditions regarding hazardous material and for any other reason, so as to better protect public health and safety or the environment. Therefore, BLM may require a grantee to provide a bond, insurance, or other acceptable security to protect the liability exposure of the United States to hazardous material claims by third parties arising out of the use and occupancy of the right-of-way or TUP area and to cover any losses, damages, or injury to human health, the environment, and property incurred in connection with the holder’s use and occupancy of the right-of-way or TUP area. Based on the holder’s record of compliance and changes in risk and conditions, BLM may require the holder to increase or decrease the amount of the bond, insurance, or security. The new rule clarifies BLM’s authority to require such language in these situations.
