[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: 43CFR2884.17]



[Page 285-286]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2880_RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents

 

              Subpart 2884_Applying for MLA Grants or TUPs

 

Sec.  2884.17  How will BLM process my Processing Category 6 application?



    (a) For Processing Category 6 applications, you and BLM must enter 

into a written agreement that describes how BLM will process your 

application. The final agreement consists of a work plan and a financial 

plan.

    (b) In processing your application, BLM will:

    (1) Determine the issues subject to analysis under NEPA;

    (2) Prepare a preliminary work plan;

    (3) Develop a preliminary financial plan, which estimates the actual 

costs



[[Page 286]]



of processing your application and monitoring your project;

    (4) Discuss with you:

    (i) The preliminary plans and data;

    (ii) The availability of funds and personnel;

    (iii) Your options for the timing of processing and monitoring fee 

payments; and

    (iv) Financial information you must submit; and

    (5) Complete final scoping and develop final work and financial 

plans which reflect any work you have agreed to do. BLM will also 

present you with the final estimate of the costs you must reimburse the 

United States, including the cost for monitoring the project.

    (c) BLM retains the option to prepare any environmental documents 

related to your application. If BLM allows you to prepare any 

environmental documents and conduct any studies that BLM needs to 

process your application, you must do the work following BLM standards. 

For this purpose, you and BLM may enter into a written agreement. BLM 

will make the final determinations and conclusions arising from such 

work.

    (d) BLM will periodically, as stated in the agreement, estimate 

processing costs for a specific work period and notify you of the amount 

due. You must pay the amount due before BLM will continue working on 

your application. If your payment exceeds the costs that the United 

States incurred for the work, BLM will either adjust the next billing to 

reflect the excess, or refund you the excess under 43 U.S.C. 1734. You 

may not deduct any amount from a payment without BLM's prior written 

approval.