[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: 43CFR2803.1-3]

[Page 247-248]
 
                    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 2803_Administration of Rights Granted
 
Sec. 2803.1-3  Competitive bidding.

    (a) The authorized officer may identify and offer public lands for 
competitive right-of-way use either on his/her own motion or as a result 
of nomination by the public. Competitive bidding shall be used only for 
site-type right-of-way grants such as wind farms and communication 
sites. The authorized officer shall give public notice of such decision 
through publication of a notice of realty action as provided in 
paragraph (c)(1) of this section. The decision to offer public lands for 
competitive right-of-way use shall conform to the requirements of the 
Bureau's land use planning process. The authorized officer shall not 
offer public lands for competitive right-of-way use where equities such 
as prior or related use of

[[Page 248]]

said lands warrant issuance of a noncompetitive right-of-way grant(s).
    (b) A right-of-way grant issued pursuant to a competitive offer 
shall be awarded on the basis of the public benefit to be provided, the 
financial and technical capability of the bidder to undertake the 
project and the bid offer. Each bid shall be accompanied by the 
information required by the notice of realty action and a statement over 
the signature of the bidder or anyone authorized to sign for the bidder 
that he/she is in compliance with the requirements of the law and these 
regulations. A bid of less than the fair market rental value of the 
lands offered shall not be considered.
    (c) The offering of public lands for right-of-way use under 
competitive bidding procedures shall be conducted in accordance with the 
following:
    (1)(i) A notice of realty action indicating the availability of 
public lands for competitive right-of-way offering shall be published in 
the Federal Register and at least once a week for 3 consecutive weeks in 
a newspaper of general circulation in the area where the public lands 
are situated or in such other publication as the authorized officer may 
determine. The successful qualified bidder shall, prior to the issuance 
of the right-of-way grant, pay his/her proportionate share of the total 
cost of publication.
    (ii) The notice of realty action shall include the use proposed for 
the public lands and the time, date and place of the offering, including 
a description of the lands being offered, terms and conditions of the 
grant(s), rates, bidding requirements, payment required, where bid forms 
may be obtained, the form in which the bids shall be submitted and any 
other information or requirements determined appropriate by the 
authorized officer.
    (2) Bids may be made either by a principal or duly qualified agent.
    (3) All sealed bids shall be opened at the time and date specified 
in the notice of realty action, but no bids shall be accepted or 
rejected at that time. The right to reject any and all bids is reserved. 
Only those bids received by the close of business on the day prior to 
the bid opening or at such other time stated in the notice of realty 
action and made for at least the minimum acceptable bid shall be 
considered. Each bid shall be accompanied by U.S. currency or certified 
check, postal money order, bank draft or cashier's check payable in U.S. 
currency and made payable to the Department of the Interior--Bureau of 
Land Management for not less than one-fifth of the amount of the bid, 
and shall be enclosed in a sealed envelope which shall be marked as 
prescribed in the notice of realty action. If 2 or more envelopes 
containing valid bids of the same amount are received, the determination 
of which is to be considered the highest bid shall be by drawing unless 
another method is specified in the notice of realty action. The drawing 
shall be held by the authorized officer immediately following the 
opening of the sealed bids.
    (4) In the event the authorized officer rejects the highest 
qualified bid or releases the bidder from such bid, the authorized 
officer shall determine whether the public lands involved in the 
offering shall be offered to the next highest bidder, withdrawn from the 
market or reoffered.
    (5) If the highest qualified bid is accepted by the authorized 
officer, the grant form(s) shall be forwarded to the qualifying bidder 
for signing. The signed grant form(s) with the payment of the balance of 
the first year's rental and the publication costs shall be returned 
within 30 days of its receipt by the highest qualified bidder and shall 
qualify as acceptance of the right-of-way grant(s).
    (6) If the successful qualified bidder fails to execute the grant 
form(s) and pay the balance of the rental payment and the costs of 
publication within the allowed time, or otherwise fails to comply with 
the regulations of this subpart, the one-fifth remittance accompanying 
the bid shall be forfeited.

[52 FR 25820, July 8, 1987]