[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: 43CFR2804.20]



[Page 240-241]

 

                    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.  2804.20  How does BLM determine reasonable costs for Processing Category 6 or Monitoring Category 6 applications?



    BLM will consider the factors in paragraph (a) of this section and 

Sec.  2804.21 of this subpart to determine reasonable costs. Submit to 

the BLM field office having jurisdiction over the lands covered by your 

application a



[[Page 241]]



written analysis of those factors applicable to your project, unless you 

agree in writing to waive consideration of reasonable costs and elect to 

pay full actual costs (see Sec.  2804.14(f) of this subpart). Submitting 

your analysis with the application will expedite its handling. BLM may 

require you to submit additional information in support of your 

position. While we consider your written analysis, BLM will not process 

your Category 6 application.

    (a) FLPMA factors. If your application is for a Processing Category 

6, or a Monitoring Category 6 project, the BLM State Director having 

jurisdiction over the lands you are applying to use will apply the 

following factors set forth at section 304(b) of FLPMA, 43 U.S.C. 

1734(b), to determine the amount you owe. With your application, submit 

your analysis of how each of the following factors applies to your 

application:

    (1) Actual costs to BLM (exclusive of management overhead costs) of 

processing your application and of monitoring construction, operation, 

maintenance, and termination of a facility authorized by the right-of-

way grant;

    (2) Monetary value of the rights or privileges you seek;

    (3) BLM's ability to process an application with maximum efficiency 

and minimum expense, waste, and effort;

    (4) Costs incurred for the benefit of the general public interest 

rather than for the exclusive benefit of the applicant. That is, the 

costs for studies and data collection that have value to the Federal 

Government or the general public apart from processing the application;

    (5) Any tangible improvements, such as roads, trails, and recreation 

facilities, which provide significant public service and are expected in 

connection with constructing and operating the project; and

    (6) Other factors relevant to the reasonableness of the costs (see 

Sec.  2804.21 of this subpart).

    (b) Fee determination. After considering your analysis and other 

information, BLM will notify you in writing of what you owe. If you 

disagree with BLM's determination, you may appeal it under Sec.  2801.10 

of this part.