43 C.F.R. § 2804.23 What if there are two or more competing applications for the same facility or system?
Title 43 - Public Lands: Interior
(a) If there are two or more competing applications for the same facility or system and your application is in: (1) Processing Category 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 your 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 system or are competing applications for the same system. (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
Title 43: Public Lands: Interior
PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY MANAGEMENT ACT
Subpart 2804—Applying for FLPMA Grants
§ 2804.23 What if there are two or more competing applications for the same facility or system?
