[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR36.3]

[Page 532]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 36--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS IN ALASKA--Table of Contents
 
Sec. 36.3  Preapplication.

    (a) Anyone interested in obtaining approval of a TUS is encouraged 
to establish early contact with each appropriate Federal agency so that 
filing procedures and details may be discussed, resource concerns and 
potential constraints may be identified, the proposal may be considered 
in agency planning, preapplication activities may be discussed and 
processing of an application may be tentatively scheduled.
    (b) Reasonable preapplication activities in areas shall be permitted 
following a determination by the appropriate Federal agency that the 
activities are necessary to obtain information for filing the SF 299, 
that the activities would not cause significant or permanent damage to 
the values for which the area was established or unreasonably interfere 
with other authorized uses or activities and that it would not 
significantly restrict subsistence uses. In areas administered by the 
NPS or the FWS, a permit shall be obtained from the appropriate agency 
prior to engaging in any preapplication activities. Prior to approval 
and issuance of such a permit, the appropriate Federal agencies must 
find that the proposed preapplication activity is compatible with the 
purposes for which the area was established.