[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: 43CFR2882.3]

[Page 280-281]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2880_RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents
 
                        Subpart 2882_Applications
 
Sec. 2882.3  Application processing.

    (a) If the grant involves a pipeline 24 inches or more in diameter, 
BLM will not issue or renew the grant until after we notify the 
appropriate committees of Congress in accordance with 30 U.S.C. 185(w).
    (b) Upon receipt of an application for a right-of-way grant, the 
authorized officer shall publish a notice of the application in the 
Federal Register and an announcement in a newspaper or newpapers having 
general circulation in the vicinity of the Federal lands affected, or, 
if in the opinion of the authorized officer, the pipeline impacts are of 
a minor nature, the notice of application may be waived or published 
only in a newspaper having general circulation in the area or areas in 
the vicinity of the affected Federal lands. The notice shall contain a 
description of the pipeline systems as required in Sec. 2882.2-3(a) (2) 
and (3) of this title, together with such other information as the 
authorized officer considers pertinent. The notice shall state where the 
application and related documents are available for interested persons 
to review. Copies of the notice shall be sent to the Governor of each 
State within which the pipeline system may be located, the head of each 
local government or jurisdiction within which the pipeline system may be 
located, and each agency head, for review and comment.
    (c) Where an application for a right-of-way grant or temporary use 
permit is incomplete or not in conformity with the Act or these 
regulations, the authorized officer may reject the application or notify 
the applicant of the deficiencies and afford the applicant an 
opportunity to file corrections. Where

[[Page 281]]

deficiency notices have not been adequately complied with, the 
authorized officer may reject the application or notify the applicant of 
the continuing deficiencies and afford the applicant an opportunity to 
file corrections.
    (d) The authorized officer may require the applicant for a right-of-
way grant or temporary use permit to submit such additional information 
as he deems necessary for review of the application.
    (e) An application for a right-of-way grant or temporary use permit 
which meets the requirements of the Act and of these regulations 
entitles the applicant only to full review of the application. Such 
application may be denied if the authorized officer determines that the 
right-of-way or use applied for would be inconsistent with the purpose 
to which the Federal lands involved have been committed, or would 
otherwise not be in the public interest.
    (f) The authorized officer shall hold public meetings or hearings on 
an application for a right-of-way grant or temporary use permit if he 
determines that such hearings or meetings are appropriate and sufficient 
public interest exists to warrant the time and expense of such meetings 
or hearings. Notice of any such meetings or hearings shall be published 
in the Federal Register and in local newspapers.
    (g) If the application involves a right-of-way through Federal lands 
under the jurisdiction of two or more Federal agencies, the authorized 
officer shall refer the application to the agency heads for consultation 
and other appropriate actions.
    (h) The authorized officer shall consult with other agencies as to 
any additional information which should be required from the applicant, 
conditions or stipulations which should be imposed, and whether the 
right-of-way grant or temporary use permit should be issued.
    (i) No right-of-way grant or temporary use permit over Federal lands 
under the jurisdiction of two or more Federal agencies and not within 
the jurisdiction of the agency by which the authorized officer is 
employed shall be issued or renewed by the authorized officer without 
the concurrence of the head of the agency administering such Federal 
lands or his authorized representative.
    (j) Where the surface of the Federal lands involved is administered 
by the Secretary or by two or more Federal agencies, the Secretary may, 
after consultation with the non-Interior agencies involved, grant or 
renew a right-of-way or temporary use permit through the Federal lands 
involved, with or without the concurrence of the heads of the agencies 
administering such Federal lands. A right-of-way through a Federal 
reservation shall not be granted if the Secretary determines that it 
would be inconsistent with the purposes of the reservation.
    (k) 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 
as the authorized officer considers appropriate.
    (l) No right-of-way grant or temporary use permit shall be 
considered as being in effect until the applicant has accepted its 
terms, in writing. Written acceptance shall constitute an agreement 
between an applicant and the United States that, in consideration of the 
right to use Federal lands, the applicant shall abide by all terms and 
conditions contained therein and the provisions of applicable laws and 
regulations.
    (m) At the discretion of the authorized officer, a provision may be 
placed in a right-of-way grant or temporary use permit requiring that no 
construction or use shall occur until a detailed construction, 
operation, rehabilitation and environmental protection plan has been 
submitted to the authorized officer and a notice to proceed has been 
issued. This requirement may be imposed for all or any part of the 
right-of-way.

[44 FR 58129, Oct. 9, 1979, as amended at 47 FR 12571, Mar. 23, 1982; 67 
FR 61276, Sept. 30, 2002]