[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: 43CFR2804.23]



[Page 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. 2804.23  What if there are two or more competing applications 

for the same facility or system?



    (a) If there are two or more competing applications for the same 

facility or system and your application is in:

    (1) Processing Category 1 through 4. You must reimburse BLM for 

processing costs as if the other application or applications had not 

been filed.

    (2) Processing Category 6. You are responsible for processing costs 

identified in your application. If BLM cannot readily separate costs, 

such as costs associated with preparing environmental analyses, you and 

any competing applicants must pay an equal share or a proportion agreed 

to in writing among all applicants and BLM. If you agree to share costs 

that are common to your application and that of a competing applicant, 

and the competitor does not pay the agreed upon amount, you are liable 

for the entire amount due. The applicants must pay the entire processing 

fee in advance. BLM will not process your application until we receive 

the advance payments.

    (b) Who determines whether competition exists? BLM determines 

whether the applications are compatible in a single right-of-way system 

or are competing applications for the same system.

    (c) If BLM determines that competition exists, BLM will describe the 

procedures for a competitive bid through a bid announcement in a 

newspaper of general circulation in the area affected by the potential 

right-of-way and by a notice in the Federal Register.