[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: 43CFR2920.6]

[Page 302-303]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2920_LEASES, PERMITS AND EASEMENTS--Table of Contents
 
     Subpart 2920_Leases, Permits and Easements: General Provisions
 
Sec. 2920.6  Reimbursement of costs.

    (a) When two or more applications are submitted for a land use 
authorization, each applicant shall be liable for the identifiable costs 
of processing his (or her) application. Where the costs of processing 
two or more applications cannot be readily identified with particular 
applications, all applicants shall be liable for such costs, to be 
divided equally among them.
    (b) The selected land use applicant shall reimburse the United 
States for reasonable administrative and other costs incurred by the 
United States in processing a land use authorization application and in 
monitoring construction, operation, maintenance and rehabilitation of 
facilities authorized under this part, including preparation of reports 
and statements required by the National Environmental Policy Act of 1969 
(43 U.S.C. 4321 et seq.). The reimbursement of costs shall be in 
accordance with the provisions of Sec. 2803.1-1 of this title, except 
that any permit whose total rental is less than $250 shall be exempt 
from reimbursement of costs requirements.
    (c) The authorized officer may, before beginning any processing of a 
land use authorization application, require payment, as may be needed, 
to cover the estimated costs of processing the application. Before 
granting a land use authorization, the authorized officer shall assess 
and collect the actual costs of processing after furnishing the 
applicant with a statement of costs. This payment shall be determined in 
accordance with the provisions of Sec. 2803 of this title.
    (d) A selected applicant who withdraws, in writing, a land use 
application before a final decision is reached on the authorization is 
responsible for all costs incurred by the United States in processing 
the application up to the day that the authorized officer receives 
notice of the withdrawal and for costs subsequently incurred by the 
United States in terminating the proposed land use authorization 
process. Reimbursement of such costs shall be paid within 30 days of 
receipt of notice from the authorized officer of the amount due.
    (e) Advance payments based on a schedule of rates developed by the 
authorized officer, are required for monitoring of operations and 
maintenance during the term of the land use authorization, which amount 
shall be paid simultaneously with the rental payment required by Sec. 
2920.8(a) of this title.
    (f) The selected applicant shall, before a land use authorization is 
issued, submit a payment based on a schedule of rates developed by the 
Director, Bureau of Land Management, for monitoring rehabilitation or 
restoration of the lands upon expiration of the land use authorization.
    (g) If payment, as required by paragraphs (b), (d) and (e) of this 
section, exceeds actual costs to the United States, refund may be made 
by the authorized officer from applicable funds under authority of 43 
U.S.C. 1734, or the authorized officer may adjust the next billing to 
reflect the overpayment. Neither an applicant nor a holder of land use 
authorization shall set off or otherwise deduct any debt due to or any 
sum claimed to be owed them by the United States without the prior 
written approval of the authorized officer.
    (h) The authorized officer shall, on request, give a selected 
applicant an estimate, based on the best available cost information, of 
the costs, which may be incurred by the United States in processing the 
proposed land use authorization. However, reimbursement shall not be 
limited to the estimate of the authorized officer if actual costs exceed 
the projected estimate.
    (i) When through partnership, joint venture or other business 
arrangement, more than one person, partnership, corporation, association 
or other entity jointly make application for a land use authorization, 
each such party shall be jointly and severally liable for the costs 
under this section.

[[Page 303]]

    (j) Requests for modification of or addition to the land use 
authorization or reconstruction or relocation of any authorized 
facilities shall be treated as a new application for cost recovery 
purposes and are subject to the cost requirements of this section.