[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: 43CFR2808.3-2]

[Page 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. 2808.3-2  Periodic advance payments.

    (a) The authorized officer may periodically estimate the reasonable 
costs expected to be incurred by the United States for specific work 
periods in processing an application determined to be in Category V or 
monitoring the right-of-way grant or temporary use permit under the 
provisions of Sec. 2808.3-1 (e) through (f) of this title and shall 
notify the applicant of the estimated amount to be reimbursed for the 
period and the applicant shall make payment of such estimated 
reimbursable costs prior to the incurring of such costs by the United 
States.
    (b) If the payments required by paragraph (a) of this section exceed 
the actual costs incurred by the United States, the authorized officer 
shall adjust the next billing to reflect the overpayment, or make a 
refund from applicable funds under the authority of 43 U.S.C. 1734. An 
applicant shall not set off or otherwise deduct any debt due it or any 
sum claimed to be owed it by the United States without the prior written 
approval of the authorized officer.
    (c) The authorized officer may re-estimate the actual costs 
determined under Sec. 2808.3-1 (e) through (g) of this title at any 
time it is determined that a change warranting a re-estimate occurs. An 
appeal of a re-estimate shall be treated in the same manner as an 
original estimate made under Sec. 2808.3-1(e) of this title.
    (d) Before issuance of a right-of-way grant or temporary use permit, 
an applicant shall pay such additional amounts as are necessary to 
reimburse the United States in full for any costs incurred, but not yet 
paid under Sec. 2808.3-1(h) of this title.