[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2804.21]



[Page 241-242]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2800_RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT

--Table of Contents

 

                 Subpart 2804_Applying for FLPMA Grants

 

Sec. 2804.21  What other factors will BLM consider in determining 

processing and monitoring fees?



    (a) Other factors. If you include this information in your 

application, in arriving at your processing or monitoring fee in any 

category, the BLM State Director will consider whether:

    (1) Payment of actual costs would:

    (i) Result in undue financial hardship to your small business, and 

you would receive little monetary value from your grant as compared to 

the costs of processing and monitoring; or

    (ii) Create such undue financial hardship as to prevent your use and 

enjoyment of your right-of-way for a non-commercial purpose.

    (2) The costs of processing the application and monitoring the 

issued grant grossly exceed the costs of constructing the project;

    (3) You are a non-profit organization, corporation, or association 

which is not controlled by or a subsidiary of a profit-making 

enterprise; and

    (i) The studies undertaken in connection with processing the 

application or monitoring the grant have a public benefit; or

    (ii) The facility or project will provide a benefit or special 

service to the general public or to a program of the Secretary;

    (4) You need a grant to prevent or mitigate damages to any lands or 

property or to mitigate hazards or danger to public health and safety 

resulting from an act of God, an act of war, or negligence of the United 

States;

    (5) You have a grant and need to secure a new or amended grant in 

order to relocate an authorized facility to comply with public health 

and safety and environmental protection laws, regulations, and standards 

which were not in effect at the time BLM issued your original grant;

    (6) You have a grant and need to secure a new grant to relocate 

facilities which you have to move because a Federal agency or federally-

funded project needs the lands and the United States does not pay the 

costs associated with your relocation; or

    (7) For whatever other reason, such as public benefits or public 

services provided, collecting processing and monitoring fees would be 

inconsistent



[[Page 242]]



with prudent and appropriate management of public lands and with your 

equitable interests or the equitable interests of the United States.

    (b) Fee determination. With your written application, submit your 

analysis of how each of the factors, as applicable, in paragraph (a) of 

this section pertain to your application. BLM will notify you in writing 

of the BLM State Director's fee determination. You may appeal this 

decision under Sec. 2801.10 of this part.