[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: 43CFR2920.5-2]



[Page 310-311]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2920_LEASES, PERMITS AND EASEMENTS--Table of Contents

 

     Subpart 2920_Leases, Permits and Easements: General Provisions

 

Sec.  2920.5-2  Application content.



    (a) Applications for land use authorizations shall include a 

reference to the notice of realty action under which the application is 

filed and a description of the proposed land use in sufficient detail to 

enable the authorized officer to evaluate the feasibility of the 

proposed land use, the impacts, if any, on the environment, the public 

or other benefits from the land use, the approximate cost of the 

proposed land use, any threat to the public health and safety posed by 

the proposed use and whether the proposed use is, in the opinion of the 

applicant, in conformance with the Bureau of Land Management plans, 

programs and policies for the public lands covered by the proposed use. 

The description shall include, but not be limited to:

    (1) Details of the proposed uses and activities;

    (2) A description of all facilities for which authorization is 

sought, access needs and special types of easements that may be needed;

    (3) A map of sufficient scale to allow all of the required 

information to be legible and a legal description of primary and 

alternative project locations; and

    (4) A schedule for construction of any facilities.

    (b) Additional information:

    (1) After review of the project description, the authorized officer 

may require the applicant(s) to fund or to perform additional studies or 

submit additional environmental data, or both, so as to enable the 

Bureau of Land Management to prepare an environmental analysis in 

accordance with section 102(2)(C) of the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.); and comply with the requirements 

of the National Historic Preservation Act of 1966 (16 U.S.C. 470); The 

Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et 

seq.); Executive Order 11593, ``Protection and Enhancement of the 

Cultural Environment'' of May 13, 1971 (36 FR 8921); ``Procedures for 

the Protection of Historic and Cultural Properties'' (36 CFR part 300); 

and other laws and regulations as applicable.



[[Page 311]]



    (2) An application for the use of public lands may require 

additional private, State, local or other Federal agency licenses, 

permits, easements, certificates or other approval documents. The 

authorized officer may require the applicant to furnish such documents, 

or proof of application for such documents, as part of the application.

    (3) The authorized officer may require evidence that the applicant 

has, or prior to commencement of construction will have, the technical 

and financial capability to construct, operate, maintain and terminate 

the authorized land use.

    (c) The application shall include the name and legal mailing address 

of the applicant.

    (d) Business Associations. If the applicant is other than an 

individual, the application shall include the name and address of an 

agent authorized to receive notice of actions pertaining to the 

application.

    (e) Federal departments and agencies. Federal departments and 

agencies are not qualified to hold land use authorizations under this 

authority.

    (f) If any of the information required in this section has already 

been submitted as part of a land use proposal submitted under Sec.  

2920.2 of this title, the application need only refer to that proposal 

by filing date, office and case number. The applicant shall certify that 

there have been no changes in any of the information.