[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: 43CFR2802.1]

[Page 240-241]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2800_RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES--Table of Contents
 
                        Subpart 2802_Applications
 
Sec. 2802.1  Preapplication activity.


    (a) Anyone interested in obtaining a right-of-way grant or temporary 
use permit involving use of public lands is encouraged to establish 
early contact with the Bureau of Land Management office responsible for 
management of the affected public lands so that potential constraints 
may be identified, the proposal may be considered in land use plans, and 
processing of an application may be tentatively scheduled. The 
appropriate officer shall furnish the proponent with guidance and 
information about:
    (1) Possible land use conflicts as identified by review of land use 
plans, land ownership records and other available information sources;
    (2) Application procedures and probable time requirements;
    (3) Applicant qualifications;
    (4) Cost reimbursement requirements;
    (5) Associated clearances, permits and licenses which may be 
required in addition to, but not in place of the grants or permits 
required under these regulations;
    (6) Environmental and management considerations;
    (7) Any other special conditions that can be identified;
    (8) Identification of on-the-ground investigations which may be 
required in order to complete the application; and
    (9) Coordination with Federal, State and local government agencies.
    (b) Any information furnished by the proponent in connection with a 
preapplication activity or use which he/she requests not be disclosed, 
shall be protected to the extent consistent with the Freedom of 
Information Act (5 U.S.C. 552).
    (c) No right-of-way applications processing work, other than that 
incurred in the processing of applications for permits for temporary use 
of public lands in furtherance of the filing of an application and pre-
application guidance under paragraph (a) of this section, shall be 
undertaken by the authorized officer prior to the filing of an 
application together with advance payment as required by subpart 2808 of 
this title. Such processing work includes, but is not limited to, 
special studies such as environmental analyses, environmental 
statements, engineering surveys, resource inventories and detailed land 
use or record analyses.
    (d) The prospective applicant is authorized to go upon the public 
lands to perform casual acts related to data collection necessary for 
the filing of an acceptable application. If, however, the authorized 
officer determines that appreciable surface or vegetative disturbance 
will occur or is a real possibility he shall issue a temporary use 
permit

[[Page 241]]

with appropriate terms, conditions, and special stipulations pursuant to 
Sec. 2801.2 of this title.
    (e) When, during pre-application discussions with the prospective 
applicant, the authorized officer supplies the prospective applicant 
with information set out in paragraph (a) of this section, the 
authorized officer shall also inform appropriate Federal, State and 
local government agencies that preapplication discussions have begun in 
order to assure that effective coordination between the prospective 
applicant and all responsible government agencies is initiated as soon 
as possible.

[45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982; 52 
FR 25808, July 8, 1987]