[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: 43CFR2884.18]



[Page 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.  2884.18  What if there are two or more competing applications for the same pipeline?



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

pipeline and your application is in:

    (1) Processing Categories 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 the 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 or are 

competing applications to build the same pipeline.

    (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.