[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

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

[CITE: 43CFR1864.2]



[Page 42-43]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 1860_CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS

--Table of Contents

 

         Subpart 1864_Recordable Disclaimers of Interest in Land

 

Sec.  1864.2  Decision on application.



    (a) The authorized officer shall notify the applicant and any party 

adverse to the application, in writing, on the determination of the 

authorized officer on whether or not to issue a disclaimer. Prior to 

such notification, the authorized officer shall issue to the applicant a 

billing that includes a full and complete statement of the cost incurred 

in reaching such determination, including any sum due the United States 

or that may be unexpended from the deposit made by the applicant. If the 

administrative costs exceed the amount of the deposit required of the 

applicant under this subpart, the applicant shall be informed that a 

payment is required for the difference between the actual costs and the 

deposit. The notification shall also require that payment be made within 

120 days from the date of mailing of the notice. If the deposit exceeds 

the administrative costs of issuing the disclaimer, the applicant shall 

be informed that a credit for or a refund of the excess will be



[[Page 43]]



made. Failure to pay the required amount within the allotted time shall 

constitute grounds for rejection of the application. Before the 

authorized officer makes a determination to issue a disclaimer, he/she 

shall publish notice of the application, including the grounds 

supporting it, in the Federal Register. Publication in the Federal 

Register shall be made at least 90 days preceding the issuance of a 

decision on the disclaimer. Notice shall be published in a newspaper 

located in the vicinity of the lands covered by the application once a 

week for 3 consecutive weeks during the 90-day period set out herein. 

Neither publication shall be made until the applicant has paid the 

administrative costs.