[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: 43CFR2808.3-1]

[Page 255-256]
 
                    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 2808_Reimbursement of Costs
 
Sec. 2808.3-1  Application fees.

    (a) The fee by category for processing an application for a right-
of-way or temporary use permit is:

------------------------------------------------------------------------
                            Category                               Fee
------------------------------------------------------------------------
I..............................................................     $125
II.............................................................      300
III............................................................      550
IV.............................................................      925
V..............................................................      \1\
------------------------------------------------------------------------
\1\ As required.

    (b) Where the amount submitted by the applicant under paragraph (a) 
of this section exceeds the amount of the required fee determined by the 
authorized officer, the excess shall be refunded. If requested in 
writing by the applicant, the authorized officer may apply all or part 
of any such refund to the grant monitoring fee required under Sec. 
2808.4 of this title or to the rental payment required by Sec. 2803.1-2 
of this title.
    (c) Upon a determination that an application falls under Category V:
    (1) The authorized officer shall:
    (i) Complete a preliminary scoping of the issues involved;
    (ii) Prepare a preliminary work plan;
    (iii) Develop a preliminary financial plan, estimating the actual 
costs to be incurred by the United States in the processing of the 
application; and
    (iv) Discuss funding availability, options for cost reimbursement 
(i.e., a determination of actual costs under section 304(b) of the Act, 
paying all actual costs, or selecting the 1 percent ceiling), and 
information to be submitted by the applicant, including construction 
costs and other financial information.
    (2) An applicant/holder may submit a written analysis of the 
estimated actual cost showing specific monetary value considerations, 
public benefits, public services, or other data or information which 
would support a finding that an application for a right-of-way grant or 
temporary use permit qualified for a reduction or waiver of cost 
reimbursement under section 303(b) of the Act or Sec. 2808.5 of this 
title. If the applicant elects a cost analysis under this paragraph, the 
provisions of paragraph (f) of this section shall not apply.
    (d) The authorized officer shall discuss the preliminary plans and 
data and verify the information that may be submitted under paragraph 
(c) of this section by the applicant. The applicant is encouraged to do 
all or part of any special study or analysis required in connection with 
the processing of the application to standards established by the 
authorized officer.
    (e) After coordination with the applicant as required by paragraph 
(d) of this section, the authorized officer shall develop final scoping, 
work and financial plans which reflect any work the applicant agrees to 
do and complete a final estimate of the amount of the actual costs to be 
reimbursed by the applicant, giving consideration to the factors set 
forth in section 304(b) of the Act.
    (f) An applicant may elect to waive consideration of reasonable 
costs under

[[Page 256]]

paragraph (e) of this section and either: (1) Agree to pay all actual 
costs incurred by the United States in processing the application and 
monitoring the grant or temporary use permit; or (2) pay the actual 
costs of processing the application and monitoring the right-of-way 
grant up to the amount estimated by the authorized officer to equal 1 
percent of the applicant's planned costs of construction of the project 
on the public lands for which a right-of-way grant is sought. Under this 
alternative, the applicant shall not be responsible for actual costs 
exceeding 1 percent of the estimated cost of constructing the proposed 
facilities on public lands. The request for a waiver shall be in writing 
and filed with the authorized officer.
    (g) The applicant shall reimburse the United States for the 
applicant's share of costs, as determined under paragraphs (e) and (f) 
of this section, before the grant or permit shall issue.
    (h) Where a State Director grants a reduction or waiver of cost 
reimbursement under the provisions of paragraph (e) of this section and/
or Sec. 2808.5 of this title or where the reimbursable costs of 
processing an application are determined to exceed 1 percent of the cost 
of construction of the facilities under paragraph (f) of this section, 
the necessary funding shall be available either through the Bureau's 
appropriation process or otherwise made available for the processing of 
the application or such processing shall not proceed.
    (i) The authorized officer shall provide the applicant with a 
written determination of the reasonable costs to be reimbursed by the 
applicant or holder and those that will be funded by the United States 
under paragraphs (e) and (f) of this section and Sec. 2808.5 of this 
title. This determination is a final decision for purposes of appeal 
under Sec. 2804.1 of this title. Where an appeal is filed, actions 
pending decision on appeal shall be in accordance with Sec. 2808.6 of 
this title.