[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR1864.2]

[Page 41-42]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 1860_CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS--Table of Contents
 
         Subpart 1864_Recordable Disclaimers of Interest in Land
 
Sec. 1864.2  Decision on application.

    (a) The authorized officer shall notify the applicant and any party 
adverse to the application, in writing, on the determination of the 
authorized officer on whether or not to issue a disclaimer. Prior to 
such notification, the authorized officer shall issue to the applicant a 
billing that includes a full and complete statement of the cost incurred 
in reaching such determination, including any sum due the United States 
or that may be unexpended from the deposit made by the applicant. If the 
administrative costs exceed the amount of the deposit required of the 
applicant under this subpart, the applicant shall be informed that a 
payment is required for the difference between the actual costs and the 
deposit. The notification shall also require that payment be made within 
120 days from the date of mailing of the notice. If the deposit exceeds 
the administrative costs of issuing the disclaimer, the applicant shall 
be informed that a credit for or a refund of the excess will be

[[Page 42]]

made. Failure to pay the required amount within the allotted time shall 
constitute grounds for rejection of the application. Before the 
authorized officer makes a determination to issue a disclaimer, he/she 
shall publish notice of the application, including the grounds 
supporting it, in the Federal Register. Publication in the Federal 
Register shall be made at least 90 days preceding the issuance of a 
decision on the disclaimer. Notice shall be published in a newspaper 
located in the vicinity of the lands covered by the application once a 
week for 3 consecutive weeks during the 90-day period set out herein. 
Neither publication shall be made until the applicant has paid the 
administrative costs.