[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: 43CFR36.5]

[Page 533-534]
 
                    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. 36.5  Application review.

    (a) When there is more than one appropriate Federal agency, the 
Federal agency having management jurisdiction over the longest lineal 
portion of the right-of-way requested in the TUS application shall be 
the lead agency for the purpose of coordinating appropriate Federal 
agency actions in the review and processing of the SF 299, as well as 
for the purpose of compliance with the provisions of the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq.
    (1) By agreement among the appropriate Federal agencies, a different 
Federal agency may be designated the lead agency for any or all parts of 
the review, processing or NEPA compliance.
    (2) Upon identification of the lead agency, other involved agencies 
will provide assistance as requested by the lead agency.
    (b) Upon receipt of an application, the lead agency will review it 
and determine the filing date pursuant to Sec. 36.4. If it is determined 
that the applicant has not met the 15 calendar day filing deadline, 
pursuant to Sec. 36.4(c) of this part, the lead agency shall notify each 
appropriate Federal agency to return the application to the applicant 
without further action.
    (c) Within 60 days of the date of filing, each appropriate Federal 
agency shall inform the applicant and the lead agency, in writing, 
whether the application on its face:
    (1) Contains the required information; or
    (2) Is insufficient, together with a specific listing of the 
additional information the applicant must submit.
    (d) When the application is insufficient, the applicant must furnish 
the specific information requested within 30 days of receipt of 
notification of deficiency:
    (1) If the applicant needs more time to obtain information, 
additional time may be granted by the appropriate Federal agency upon 
request of the applicant, provided the applicant agrees that the 
application filing date will change to the date of filing of the 
specific additional information.
    (2) Unless extended pursuant to the provisions of paragraph (d)(1) 
of this section, failure of the applicant to respond within the 30 day 
period will result in return of the application without further action.
    (3) The lead agency shall keep all appropriate Federal agencies 
informed of actions occurring under paragraphs (d) (1) and (2) of this 
section, in order that such agencies may note their application records 
accordingly.
    (e) Within 30 days of the receipt of additional information 
requested by the appropriate Federal agency, the applicant shall be 
notified in writing whether the supplemental information is sufficient.

[[Page 534]]

    (1) If the applicant fails to provide all the requested information, 
the application shall be rejected and returned to the applicant along 
with a list of the specific deficiencies.
    (2) When the applicant furnishes the additional information, the 
application will be reinstated, and it will be considered filed as of 
the date the final supplemental information is actually received by the 
appropriate Federal agency.
    (3) The lead agency shall notify appropriate Federal agencies of any 
final rejection under paragraph (e)(1) of this section.