[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: 43CFR2802.4]

[Page 242-243]
 
                    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. 2802.4  Application processing.

    (a) The authorized officer shall acknowledge, in writing, receipt of 
the application and initial cost reimbursement payment required by 
subpart 2808 of this title. An application may be denied if the 
authorized officer determines that:
    (1) The proposed right-of-way or permit would be inconsistent with 
the purpose for which the public lands are managed;
    (2) That the proposed right-of-way or permit would not be in the 
public interest;
    (3) The applicant is not qualified;
    (4) The right-of-way or permit would otherwise be inconsistent with 
the act or other applicable laws; or
    (5) The applicant does not or cannot demonstrate that he/she has the 
technical or financial capacity.
    (b) Upon receipt of the acknowledgement, the applicant may continue 
his or her occupancy of the public land pursuant to Sec. 2802.1(d) of 
this title to continue to gather data necessary to perfect the 
application. However, if the applicant finds or the authorized officer 
determines that surface disturbing activities will occur in gathering 
the necessary data to perfect the application, the applicant shall file 
an application for a temporary use permit prior to entering into such 
activities on the public land.
    (c) The authorized officer may require the applicant for a right-of-
way grant to submit such additional information as he deems necessary 
for review of the application. All requests for additional information 
shall be in writing. Where the authorized officer determines that the 
information supplied by the applicant is incomplete or does not conform 
to the act or these regulations, the authorized officer shall notify the 
applicant of these deficiencies and afford the applicant an opportunity 
to file a correction. Where a deficiency notice has not been adequately 
complied with, the authorized officer may reject the application or 
notify the applicant of the continuing deficiency and afford the 
applicant an opportunity to file a correction.
    (d) Prior to issuing a right-of-way grant or temporary use permit, 
the authorized officer shall:
    (1) Complete an environmental analysis in accordance with the 
National Environmental Policy Act of 1969;
    (2) Determine compliance of the applicant's proposed plans with 
applicable Federal and State laws;
    (3) Consult with all other Federal, State, and local agencies having 
an interest, as appropriate; and
    (4) Take any other action necessary to fully evaluate and make a 
decision to approve or deny the application and prescribe suitable terms 
and conditions for the grant or permit.
    (e) The authorized officer may hold public meetings on an 
application for a right-of-way grant or temporary use permit if he 
determines that such meetings are appropriate and that sufficient public 
interest exists to warrant the time and expense of such meetings. Notice 
of public meetings shall be published in the Federal Register or in 
local newspapers or in both.
    (f) A right-of-way grant or temporary use permit need not conform to 
the applicant's proposal, but may contain such modifications, terms, 
stipulations or conditions, including changes in route or site location 
on public lands, as the authorized officer determines to be appropriate.
    (g) No right-of-way grant or temporary use permit shall be in effect 
until the applicant has accepted, in writing, the terms and conditions 
of the grant or permit. Written acceptance shall constitute an agreement 
between the applicant and the United States that, in consideration of 
the right to use public lands, the applicant shall comply with all terms 
and conditions contained in the authorization and the provisions of 
applicable laws and regulations.
    (h) The authorized officer may include in his/her decision to issue 
a grant a provision that shall be included in a right-of-way grant 
requiring that no construction on or use of the right-of-way shall occur 
until a detailed construction, operation, rehabilitation and 
environmental protection plan has been submitted to and approved by the 
authorized officer. This requirement

[[Page 243]]

may be imposed for all or any part of the right-of-way.

[45 FR 44526, July 1, 1980, as amended at 47 FR 12570, Mar. 23, 1982; 52 
FR 25808, July 8, 1987]