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§ 2920.0–3
jcorcoran on PRODPC62 with CFR
that he has paid all charges due the
Government thereunder.
(2) A lease may be canceled if the lessee shall fail to comply with any of the
provisions of this part or of the lease,
or shall devote the lease area primarily
to any purpose other than the rearing
of fur-bearing animals as authorized.
No lease will be canceled until the lessee has been formally notified of such
default and such default shall continue
for 60 days after service of such notice.
(b) Removal of improvements and personal property. (1) Improvements or personal property may not be removed
from the lands, except fur-bearing animals disposed of in the regular course
of business, unless all moneys due the
United States under the lease have
been paid. The lessee shall be allowed
90 days from the date of expiration or
termination of the lease within which
to remove his personal property and
such improvements as are not disposed
of in the manner set forth in paragraph
(b)(2) of this section, which he has a
right to remove; if not removed or otherwise disposed of within the said period, such improvements or personal
property shall become the property of
the United States.
(2) Upon the expiration of the lease
or the earlier termination thereof, the
authorizing officer may, in his discretion and upon a written petition filed
by the lessee within 30 days from the
date of such expiration or termination,
require the subsequent lease applicant,
prior to the execution of a new lease,
to agree to compensate the lessee for
any improvements of a permanent nature that he may have placed upon the
leased area for fur-farming purposes
during the period of the lease. If the interested parties are unable to reach an
agreement as to the amount of compensation, the amount shall be fixed by
the authorizing officer. All such agreements to be effective, must be approved by the authorizing officer. The
failure of the subsequent lessee to pay
the former lessee in accordance with
such agreement will be just cause for
cancellation of the lease.
PART 2920—LEASES, PERMITS AND
EASEMENTS
Subpart 2920—Leases, Permits and
Easements: General Provisions
Sec.
2920.0–1 Purpose.
2920.0–3 Authority.
2920.0–5 Definitions.
2920.0–6 Policy.
2920.0–9 Information collection.
2920.1 Uses.
2920.1–1 Authorized use.
2920.1–2 Unauthorized use.
2920.2 Procedures for public-initiated land
use proposals.
2920.2–1 Discussion of proposals.
2920.2–2 Minimum impact permits.
2920.2–3 Other land use proposals.
2920.2–4 Proposal content.
2920.2–5 Proposal review.
2920.3 Bureau of Land Management initiated land use proposals.
2920.4 Notice of realty action.
2920.5 Application procedure.
2920.5–1 Filing of applications for land use
authorizations.
2920.5–2 Application content.
2920.5–3 Application review.
2920.5–4 Competitive or non-competitive
bids.
2920.5–5 Application processing.
2920.6 Reimbursement of costs.
2920.7 Terms and conditions.
2920.8 Fees.
2920.9 Supervision of the land use authorization.
2920.9–1 Construction phase.
2920.9–2 Operation and maintenance.
2920.9–3 Termination and suspension.
AUTHORITY: 43 U.S.C. 1740.
SOURCE: 46 FR 5777, Jan. 19, 1981, unless
otherwise noted.
Subpart 2920—Leases, Permits
and Easements: General Provisions
§ 2920.0–1 Purpose.
The purpose of the regulations in this
part is to establish procedures for the
orderly and timely processing of proposals for non-Federal use of the public
lands. The procedural and informational requirements set by these regulations vary in relation to the nature
of the anticipated use.
§ 2920.0–3 Authority.
Sections 302, 303 and 310 of the Federal Land Policy and Management Act
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Bureau of Land Management, Interior
§ 2920.0–3
jcorcoran on PRODPC62 with CFR
that he has paid all charges due the
Government thereunder.
(2) A lease may be canceled if the lessee shall fail to comply with any of the
provisions of this part or of the lease,
or shall devote the lease area primarily
to any purpose other than the rearing
of fur-bearing animals as authorized.
No lease will be canceled until the lessee has been formally notified of such
default and such default shall continue
for 60 days after service of such notice.
(b) Removal of improvements and personal property. (1) Improvements or personal property may not be removed
from the lands, except fur-bearing animals disposed of in the regular course
of business, unless all moneys due the
United States under the lease have
been paid. The lessee shall be allowed
90 days from the date of expiration or
termination of the lease within which
to remove his personal property and
such improvements as are not disposed
of in the manner set forth in paragraph
(b)(2) of this section, which he has a
right to remove; if not removed or otherwise disposed of within the said period, such improvements or personal
property shall become the property of
the United States.
(2) Upon the expiration of the lease
or the earlier termination thereof, the
authorizing officer may, in his discretion and upon a written petition filed
by the lessee within 30 days from the
date of such expiration or termination,
require the subsequent lease applicant,
prior to the execution of a new lease,
to agree to compensate the lessee for
any improvements of a permanent nature that he may have placed upon the
leased area for fur-farming purposes
during the period of the lease. If the interested parties are unable to reach an
agreement as to the amount of compensation, the amount shall be fixed by
the authorizing officer. All such agreements to be effective, must be approved by the authorizing officer. The
failure of the subsequent lessee to pay
the former lessee in accordance with
such agreement will be just cause for
cancellation of the lease.
PART 2920—LEASES, PERMITS AND
EASEMENTS
Subpart 2920—Leases, Permits and
Easements: General Provisions
Sec.
2920.0–1 Purpose.
2920.0–3 Authority.
2920.0–5 Definitions.
2920.0–6 Policy.
2920.0–9 Information collection.
2920.1 Uses.
2920.1–1 Authorized use.
2920.1–2 Unauthorized use.
2920.2 Procedures for public-initiated land
use proposals.
2920.2–1 Discussion of proposals.
2920.2–2 Minimum impact permits.
2920.2–3 Other land use proposals.
2920.2–4 Proposal content.
2920.2–5 Proposal review.
2920.3 Bureau of Land Management initiated land use proposals.
2920.4 Notice of realty action.
2920.5 Application procedure.
2920.5–1 Filing of applications for land use
authorizations.
2920.5–2 Application content.
2920.5–3 Application review.
2920.5–4 Competitive or non-competitive
bids.
2920.5–5 Application processing.
2920.6 Reimbursement of costs.
2920.7 Terms and conditions.
2920.8 Fees.
2920.9 Supervision of the land use authorization.
2920.9–1 Construction phase.
2920.9–2 Operation and maintenance.
2920.9–3 Termination and suspension.
AUTHORITY: 43 U.S.C. 1740.
SOURCE: 46 FR 5777, Jan. 19, 1981, unless
otherwise noted.
Subpart 2920—Leases, Permits
and Easements: General Provisions
§ 2920.0–1 Purpose.
The purpose of the regulations in this
part is to establish procedures for the
orderly and timely processing of proposals for non-Federal use of the public
lands. The procedural and informational requirements set by these regulations vary in relation to the nature
of the anticipated use.
§ 2920.0–3 Authority.
Sections 302, 303 and 310 of the Federal Land Policy and Management Act
305
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§ 2920.0–5
43 CFR Ch. II (10–1–06 Edition)
of 1976 (43 U.S.C. 1732, 1733, 1740) authorize the Secretary of the Interior to
issue regulations providing for the use,
occupancy, and development of the
public lands through leases, permits,
and easements.
jcorcoran on PRODPC62 with CFR
[52 FR 49115, Dec. 29, 1987]
§ 2920.0–5 Definitions.
As used in this part, the term:
(a) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the
authority to perform the duties described in this part.
(b) Easement means an authorization
for a non-possessory, non-exclusive interest in lands which specifies the
rights of the holder and the obligation
of the Bureau of Land Management to
use and manage the lands in a manner
consistent with the terms of the easement.
(c) Lease means an authorization to
possess and use public lands for a fixed
period of time.
(d) Permit means a short-term revocable authorization to use public
lands for specified purposes.
(e) Land use proposal means an informal statement, in writing, from any
person to the authorized officer requesting consideration of a specified
use of the public lands.
(f) Land use plan means resource
management plans or management
framework plans prepared by the Bureau of Land Management pursuant to
its land use planning system.
(g) Public lands means lands or interests in lands administered by the Bureau of Land Management, except
lands located on the Outer Continental
Shelf and lands held for the benefit of
Indians, Aleuts and Eskimos.
(h) Person means any person or entity
legally capable of conveying and holding lands or interests therein, under
the laws of the State within which the
lands or interests therein are located,
who is a citizen of the United States,
or in the case of a corporation, is subject to the laws of any State or of the
United States.
(i) Proponent means any person who
submits a land use proposal, either on
his/her own initiative or in response to
a notice for submission of such proposals.
(j) Applicant means any person who
submits an application for a land use
authorization under this part.
(k) Casual use means any short term
non-commercial activity which does
not cause appreciable damage or disturbance to the public lands, their resources or improvements, and which is
not prohibited by closure of the lands
to such activities.
(l) Land use authorization means any
authorization to use the public lands
issued under this part.
(m) Knowing and willful means that a
violation is knowingly and willfully
committed if it constitutes the voluntary or conscious performance of an
act which is prohibited or the voluntary or conscious failure to perform
an act or duty that is required. The
terms does not include performances or
failures to perform which are honest
mistakes or which are merely inadvertent. The term includes, but does
not require, performances or failures to
perform which result from a criminal
or evil intent or from a specific intent
to violate the law. The knowing or
willful nature of conduct may be established by plain indifference to or reckless disregard of the requirements of
law, regulations, orders, or terms of a
lease. A consistent pattern of performance or failure to perform also may be
sufficient to establish the knowing or
willful nature of the conduct, where
such consistent pattern is neither the
result of honest mistake or mere inadvertency. Conduct which is otherwise
regarded as being knowing or willful is
rendered neither accidental nor mitigated in character by the belief that
the conduct is reasonable or legal.
[46 FR 5777, Jan. 19, 1981, as amended at 52
FR 49115, Dec. 29, 1987]
§ 2920.0–6
Policy.
(a) Land use authorizations shall be
issued only at fair market value and
only for those uses that conform with
Bureau of Land Management plans,
policy, objectives and resource management programs. Conformance with
land use authorizations will be determined through the planning process
and procedures provided in part 1600 of
this title.
306
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§ 2920.0–5
43 CFR Ch. II (10–1–06 Edition)
of 1976 (43 U.S.C. 1732, 1733, 1740) authorize the Secretary of the Interior to
issue regulations providing for the use,
occupancy, and development of the
public lands through leases, permits,
and easements.
jcorcoran on PRODPC62 with CFR
[52 FR 49115, Dec. 29, 1987]
§ 2920.0–5 Definitions.
As used in this part, the term:
(a) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the
authority to perform the duties described in this part.
(b) Easement means an authorization
for a non-possessory, non-exclusive interest in lands which specifies the
rights of the holder and the obligation
of the Bureau of Land Management to
use and manage the lands in a manner
consistent with the terms of the easement.
(c) Lease means an authorization to
possess and use public lands for a fixed
period of time.
(d) Permit means a short-term revocable authorization to use public
lands for specified purposes.
(e) Land use proposal means an informal statement, in writing, from any
person to the authorized officer requesting consideration of a specified
use of the public lands.
(f) Land use plan means resource
management plans or management
framework plans prepared by the Bureau of Land Management pursuant to
its land use planning system.
(g) Public lands means lands or interests in lands administered by the Bureau of Land Management, except
lands located on the Outer Continental
Shelf and lands held for the benefit of
Indians, Aleuts and Eskimos.
(h) Person means any person or entity
legally capable of conveying and holding lands or interests therein, under
the laws of the State within which the
lands or interests therein are located,
who is a citizen of the United States,
or in the case of a corporation, is subject to the laws of any State or of the
United States.
(i) Proponent means any person who
submits a land use proposal, either on
his/her own initiative or in response to
a notice for submission of such proposals.
(j) Applicant means any person who
submits an application for a land use
authorization under this part.
(k) Casual use means any short term
non-commercial activity which does
not cause appreciable damage or disturbance to the public lands, their resources or improvements, and which is
not prohibited by closure of the lands
to such activities.
(l) Land use authorization means any
authorization to use the public lands
issued under this part.
(m) Knowing and willful means that a
violation is knowingly and willfully
committed if it constitutes the voluntary or conscious performance of an
act which is prohibited or the voluntary or conscious failure to perform
an act or duty that is required. The
terms does not include performances or
failures to perform which are honest
mistakes or which are merely inadvertent. The term includes, but does
not require, performances or failures to
perform which result from a criminal
or evil intent or from a specific intent
to violate the law. The knowing or
willful nature of conduct may be established by plain indifference to or reckless disregard of the requirements of
law, regulations, orders, or terms of a
lease. A consistent pattern of performance or failure to perform also may be
sufficient to establish the knowing or
willful nature of the conduct, where
such consistent pattern is neither the
result of honest mistake or mere inadvertency. Conduct which is otherwise
regarded as being knowing or willful is
rendered neither accidental nor mitigated in character by the belief that
the conduct is reasonable or legal.
[46 FR 5777, Jan. 19, 1981, as amended at 52
FR 49115, Dec. 29, 1987]
§ 2920.0–6
Policy.
(a) Land use authorizations shall be
issued only at fair market value and
only for those uses that conform with
Bureau of Land Management plans,
policy, objectives and resource management programs. Conformance with
land use authorizations will be determined through the planning process
and procedures provided in part 1600 of
this title.
306
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§ 2920.0–5
43 CFR Ch. II (10–1–06 Edition)
of 1976 (43 U.S.C. 1732, 1733, 1740) authorize the Secretary of the Interior to
issue regulations providing for the use,
occupancy, and development of the
public lands through leases, permits,
and easements.
jcorcoran on PRODPC62 with CFR
[52 FR 49115, Dec. 29, 1987]
§ 2920.0–5 Definitions.
As used in this part, the term:
(a) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the
authority to perform the duties described in this part.
(b) Easement means an authorization
for a non-possessory, non-exclusive interest in lands which specifies the
rights of the holder and the obligation
of the Bureau of Land Management to
use and manage the lands in a manner
consistent with the terms of the easement.
(c) Lease means an authorization to
possess and use public lands for a fixed
period of time.
(d) Permit means a short-term revocable authorization to use public
lands for specified purposes.
(e) Land use proposal means an informal statement, in writing, from any
person to the authorized officer requesting consideration of a specified
use of the public lands.
(f) Land use plan means resource
management plans or management
framework plans prepared by the Bureau of Land Management pursuant to
its land use planning system.
(g) Public lands means lands or interests in lands administered by the Bureau of Land Management, except
lands located on the Outer Continental
Shelf and lands held for the benefit of
Indians, Aleuts and Eskimos.
(h) Person means any person or entity
legally capable of conveying and holding lands or interests therein, under
the laws of the State within which the
lands or interests therein are located,
who is a citizen of the United States,
or in the case of a corporation, is subject to the laws of any State or of the
United States.
(i) Proponent means any person who
submits a land use proposal, either on
his/her own initiative or in response to
a notice for submission of such proposals.
(j) Applicant means any person who
submits an application for a land use
authorization under this part.
(k) Casual use means any short term
non-commercial activity which does
not cause appreciable damage or disturbance to the public lands, their resources or improvements, and which is
not prohibited by closure of the lands
to such activities.
(l) Land use authorization means any
authorization to use the public lands
issued under this part.
(m) Knowing and willful means that a
violation is knowingly and willfully
committed if it constitutes the voluntary or conscious performance of an
act which is prohibited or the voluntary or conscious failure to perform
an act or duty that is required. The
terms does not include performances or
failures to perform which are honest
mistakes or which are merely inadvertent. The term includes, but does
not require, performances or failures to
perform which result from a criminal
or evil intent or from a specific intent
to violate the law. The knowing or
willful nature of conduct may be established by plain indifference to or reckless disregard of the requirements of
law, regulations, orders, or terms of a
lease. A consistent pattern of performance or failure to perform also may be
sufficient to establish the knowing or
willful nature of the conduct, where
such consistent pattern is neither the
result of honest mistake or mere inadvertency. Conduct which is otherwise
regarded as being knowing or willful is
rendered neither accidental nor mitigated in character by the belief that
the conduct is reasonable or legal.
[46 FR 5777, Jan. 19, 1981, as amended at 52
FR 49115, Dec. 29, 1987]
§ 2920.0–6
Policy.
(a) Land use authorizations shall be
issued only at fair market value and
only for those uses that conform with
Bureau of Land Management plans,
policy, objectives and resource management programs. Conformance with
land use authorizations will be determined through the planning process
and procedures provided in part 1600 of
this title.
306
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Bureau of Land Management, Interior
§ 2920.1–2
(b) In determining the informational
and procedural requirements, the authorized officer will consider the duration of the anticipated use, its impact
on the public lands and resources and
the investment required by the anticipated use.
§ 2920.0–9 Information collection.
(a) The information collection requirements contained in Part 2920 have
been approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number
1004–0009. The BLM will use the information in considering land use proposals and applications. You must respond to obtain a benefit under Section
302 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732).
(b) Public reporting burden for this
information is estimated to average
7.43 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the
burden, to the Information Collection
Clearance Officer, Bureau of Land Management (DW–101), Building 50, Denver
Federal Center, P.O. Box 25047, Denver,
Colorado 80225, and to the Office of
Management and Budget, Paperwork
Reduction Project, 1004–0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]
jcorcoran on PRODPC62 with CFR
§ 2920.1
Uses.
§ 2920.1–1 Authorized use.
Any use not specifically authorized
under other laws or regulations and not
specifically forbidden by law may be
authorized under this part. Uses which
may be authorized include residential,
agricultural, industrial, and commercial, and uses that cannot be authorized under title V of the Federal Land
Policy and Management Act or section
28 of the Mineral Leasing Act. Land use
authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize
uses of public lands involving substan-
tial construction, development, or land
improvement and the investment of
large amounts of capital which are to
be amortized over time. A lease conveys a possessory interest and is revocable only in accordance with its
terms and the provisions of § 2920.9–3 of
this title. Leases shall be issued for a
term, determined by the authorized officer, that is consistent with the time
required to amortize the capital investment.
(b) Permits shall be used to authorize
uses of public lands for not to exceed 3
years that involve either little or no
land improvement, construction, or investment, or investment which can be
amortized within the term of the permit. A permit conveys no possessory
interest. The permit is renewable at
the discretion of the authorized officer
and may be revoked in accordance with
its terms and the provisions of § 2920.9–
3 of this title. Permits shall be issued
on a form approved by the Director,
Bureau of Land Management, that has
been filed by the applicant with the appropriate Bureau of Land Management
office.
(c) Easements may be used to assure
that uses of public lands are compatible with non-Federal uses occurring on
adjacent or nearby land. The term of
the easement shall be determined by
the authorized officer. An easement
granted under this part may be issued
only for purposes not authorized under
title V of the Federal Land Policy and
Management Act or section 28 of the
Mineral Leasing Act.
(d) No land use authorization is required under the regulations in this
part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]
§ 2920.1–2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other than
casual use as defined in § 2920.0–5(k) of
this title, without authorization under
the procedures in § 2920.1–1 of this title,
shall be considered a trespass. Anyone
determined by the authorized officer to
be in trespass on the public lands shall
be notified of such trespass and shall be
liable to the United States for:
(1) The administrative costs incurred
by the United States as a consequence
of such trespass; and
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Bureau of Land Management, Interior
§ 2920.1–2
(b) In determining the informational
and procedural requirements, the authorized officer will consider the duration of the anticipated use, its impact
on the public lands and resources and
the investment required by the anticipated use.
§ 2920.0–9 Information collection.
(a) The information collection requirements contained in Part 2920 have
been approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number
1004–0009. The BLM will use the information in considering land use proposals and applications. You must respond to obtain a benefit under Section
302 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732).
(b) Public reporting burden for this
information is estimated to average
7.43 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the
burden, to the Information Collection
Clearance Officer, Bureau of Land Management (DW–101), Building 50, Denver
Federal Center, P.O. Box 25047, Denver,
Colorado 80225, and to the Office of
Management and Budget, Paperwork
Reduction Project, 1004–0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]
jcorcoran on PRODPC62 with CFR
§ 2920.1
Uses.
§ 2920.1–1 Authorized use.
Any use not specifically authorized
under other laws or regulations and not
specifically forbidden by law may be
authorized under this part. Uses which
may be authorized include residential,
agricultural, industrial, and commercial, and uses that cannot be authorized under title V of the Federal Land
Policy and Management Act or section
28 of the Mineral Leasing Act. Land use
authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize
uses of public lands involving substan-
tial construction, development, or land
improvement and the investment of
large amounts of capital which are to
be amortized over time. A lease conveys a possessory interest and is revocable only in accordance with its
terms and the provisions of § 2920.9–3 of
this title. Leases shall be issued for a
term, determined by the authorized officer, that is consistent with the time
required to amortize the capital investment.
(b) Permits shall be used to authorize
uses of public lands for not to exceed 3
years that involve either little or no
land improvement, construction, or investment, or investment which can be
amortized within the term of the permit. A permit conveys no possessory
interest. The permit is renewable at
the discretion of the authorized officer
and may be revoked in accordance with
its terms and the provisions of § 2920.9–
3 of this title. Permits shall be issued
on a form approved by the Director,
Bureau of Land Management, that has
been filed by the applicant with the appropriate Bureau of Land Management
office.
(c) Easements may be used to assure
that uses of public lands are compatible with non-Federal uses occurring on
adjacent or nearby land. The term of
the easement shall be determined by
the authorized officer. An easement
granted under this part may be issued
only for purposes not authorized under
title V of the Federal Land Policy and
Management Act or section 28 of the
Mineral Leasing Act.
(d) No land use authorization is required under the regulations in this
part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]
§ 2920.1–2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other than
casual use as defined in § 2920.0–5(k) of
this title, without authorization under
the procedures in § 2920.1–1 of this title,
shall be considered a trespass. Anyone
determined by the authorized officer to
be in trespass on the public lands shall
be notified of such trespass and shall be
liable to the United States for:
(1) The administrative costs incurred
by the United States as a consequence
of such trespass; and
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Bureau of Land Management, Interior
§ 2920.1–2
(b) In determining the informational
and procedural requirements, the authorized officer will consider the duration of the anticipated use, its impact
on the public lands and resources and
the investment required by the anticipated use.
§ 2920.0–9 Information collection.
(a) The information collection requirements contained in Part 2920 have
been approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number
1004–0009. The BLM will use the information in considering land use proposals and applications. You must respond to obtain a benefit under Section
302 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732).
(b) Public reporting burden for this
information is estimated to average
7.43 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the
burden, to the Information Collection
Clearance Officer, Bureau of Land Management (DW–101), Building 50, Denver
Federal Center, P.O. Box 25047, Denver,
Colorado 80225, and to the Office of
Management and Budget, Paperwork
Reduction Project, 1004–0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]
jcorcoran on PRODPC62 with CFR
§ 2920.1
Uses.
§ 2920.1–1 Authorized use.
Any use not specifically authorized
under other laws or regulations and not
specifically forbidden by law may be
authorized under this part. Uses which
may be authorized include residential,
agricultural, industrial, and commercial, and uses that cannot be authorized under title V of the Federal Land
Policy and Management Act or section
28 of the Mineral Leasing Act. Land use
authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize
uses of public lands involving substan-
tial construction, development, or land
improvement and the investment of
large amounts of capital which are to
be amortized over time. A lease conveys a possessory interest and is revocable only in accordance with its
terms and the provisions of § 2920.9–3 of
this title. Leases shall be issued for a
term, determined by the authorized officer, that is consistent with the time
required to amortize the capital investment.
(b) Permits shall be used to authorize
uses of public lands for not to exceed 3
years that involve either little or no
land improvement, construction, or investment, or investment which can be
amortized within the term of the permit. A permit conveys no possessory
interest. The permit is renewable at
the discretion of the authorized officer
and may be revoked in accordance with
its terms and the provisions of § 2920.9–
3 of this title. Permits shall be issued
on a form approved by the Director,
Bureau of Land Management, that has
been filed by the applicant with the appropriate Bureau of Land Management
office.
(c) Easements may be used to assure
that uses of public lands are compatible with non-Federal uses occurring on
adjacent or nearby land. The term of
the easement shall be determined by
the authorized officer. An easement
granted under this part may be issued
only for purposes not authorized under
title V of the Federal Land Policy and
Management Act or section 28 of the
Mineral Leasing Act.
(d) No land use authorization is required under the regulations in this
part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]
§ 2920.1–2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other than
casual use as defined in § 2920.0–5(k) of
this title, without authorization under
the procedures in § 2920.1–1 of this title,
shall be considered a trespass. Anyone
determined by the authorized officer to
be in trespass on the public lands shall
be notified of such trespass and shall be
liable to the United States for:
(1) The administrative costs incurred
by the United States as a consequence
of such trespass; and
307
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Bureau of Land Management, Interior
§ 2920.1–2
(b) In determining the informational
and procedural requirements, the authorized officer will consider the duration of the anticipated use, its impact
on the public lands and resources and
the investment required by the anticipated use.
§ 2920.0–9 Information collection.
(a) The information collection requirements contained in Part 2920 have
been approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number
1004–0009. The BLM will use the information in considering land use proposals and applications. You must respond to obtain a benefit under Section
302 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732).
(b) Public reporting burden for this
information is estimated to average
7.43 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the
burden, to the Information Collection
Clearance Officer, Bureau of Land Management (DW–101), Building 50, Denver
Federal Center, P.O. Box 25047, Denver,
Colorado 80225, and to the Office of
Management and Budget, Paperwork
Reduction Project, 1004–0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]
jcorcoran on PRODPC62 with CFR
§ 2920.1
Uses.
§ 2920.1–1 Authorized use.
Any use not specifically authorized
under other laws or regulations and not
specifically forbidden by law may be
authorized under this part. Uses which
may be authorized include residential,
agricultural, industrial, and commercial, and uses that cannot be authorized under title V of the Federal Land
Policy and Management Act or section
28 of the Mineral Leasing Act. Land use
authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize
uses of public lands involving substan-
tial construction, development, or land
improvement and the investment of
large amounts of capital which are to
be amortized over time. A lease conveys a possessory interest and is revocable only in accordance with its
terms and the provisions of § 2920.9–3 of
this title. Leases shall be issued for a
term, determined by the authorized officer, that is consistent with the time
required to amortize the capital investment.
(b) Permits shall be used to authorize
uses of public lands for not to exceed 3
years that involve either little or no
land improvement, construction, or investment, or investment which can be
amortized within the term of the permit. A permit conveys no possessory
interest. The permit is renewable at
the discretion of the authorized officer
and may be revoked in accordance with
its terms and the provisions of § 2920.9–
3 of this title. Permits shall be issued
on a form approved by the Director,
Bureau of Land Management, that has
been filed by the applicant with the appropriate Bureau of Land Management
office.
(c) Easements may be used to assure
that uses of public lands are compatible with non-Federal uses occurring on
adjacent or nearby land. The term of
the easement shall be determined by
the authorized officer. An easement
granted under this part may be issued
only for purposes not authorized under
title V of the Federal Land Policy and
Management Act or section 28 of the
Mineral Leasing Act.
(d) No land use authorization is required under the regulations in this
part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]
§ 2920.1–2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other than
casual use as defined in § 2920.0–5(k) of
this title, without authorization under
the procedures in § 2920.1–1 of this title,
shall be considered a trespass. Anyone
determined by the authorized officer to
be in trespass on the public lands shall
be notified of such trespass and shall be
liable to the United States for:
(1) The administrative costs incurred
by the United States as a consequence
of such trespass; and
307
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Bureau of Land Management, Interior
§ 2920.1–2
(b) In determining the informational
and procedural requirements, the authorized officer will consider the duration of the anticipated use, its impact
on the public lands and resources and
the investment required by the anticipated use.
§ 2920.0–9 Information collection.
(a) The information collection requirements contained in Part 2920 have
been approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number
1004–0009. The BLM will use the information in considering land use proposals and applications. You must respond to obtain a benefit under Section
302 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732).
(b) Public reporting burden for this
information is estimated to average
7.43 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding
this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the
burden, to the Information Collection
Clearance Officer, Bureau of Land Management (DW–101), Building 50, Denver
Federal Center, P.O. Box 25047, Denver,
Colorado 80225, and to the Office of
Management and Budget, Paperwork
Reduction Project, 1004–0009, Washington, D.C. 20503.
[61 FR 32353, June 24, 1996]
jcorcoran on PRODPC62 with CFR
§ 2920.1
Uses.
§ 2920.1–1 Authorized use.
Any use not specifically authorized
under other laws or regulations and not
specifically forbidden by law may be
authorized under this part. Uses which
may be authorized include residential,
agricultural, industrial, and commercial, and uses that cannot be authorized under title V of the Federal Land
Policy and Management Act or section
28 of the Mineral Leasing Act. Land use
authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize
uses of public lands involving substan-
tial construction, development, or land
improvement and the investment of
large amounts of capital which are to
be amortized over time. A lease conveys a possessory interest and is revocable only in accordance with its
terms and the provisions of § 2920.9–3 of
this title. Leases shall be issued for a
term, determined by the authorized officer, that is consistent with the time
required to amortize the capital investment.
(b) Permits shall be used to authorize
uses of public lands for not to exceed 3
years that involve either little or no
land improvement, construction, or investment, or investment which can be
amortized within the term of the permit. A permit conveys no possessory
interest. The permit is renewable at
the discretion of the authorized officer
and may be revoked in accordance with
its terms and the provisions of § 2920.9–
3 of this title. Permits shall be issued
on a form approved by the Director,
Bureau of Land Management, that has
been filed by the applicant with the appropriate Bureau of Land Management
office.
(c) Easements may be used to assure
that uses of public lands are compatible with non-Federal uses occurring on
adjacent or nearby land. The term of
the easement shall be determined by
the authorized officer. An easement
granted under this part may be issued
only for purposes not authorized under
title V of the Federal Land Policy and
Management Act or section 28 of the
Mineral Leasing Act.
(d) No land use authorization is required under the regulations in this
part for casual use of the public lands.
[52 FR 49115, Dec. 29, 1987]
§ 2920.1–2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other than
casual use as defined in § 2920.0–5(k) of
this title, without authorization under
the procedures in § 2920.1–1 of this title,
shall be considered a trespass. Anyone
determined by the authorized officer to
be in trespass on the public lands shall
be notified of such trespass and shall be
liable to the United States for:
(1) The administrative costs incurred
by the United States as a consequence
of such trespass; and
307
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§ 2920.2
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
(2) The fair market value rental of
the lands for the current year and past
years of trespass; and
(3) Rehabilitating and stabilizing the
lands that were the subject of such
trespass, or if the person determined to
be in trespass does not rehabilitate and
stabilize the lands determined to be in
trespass within the period set by the
authorized officer in the notice, he/she
shall be liable for the costs incurred by
the United States in rehabilitating and
stabilizing such lands.
(b) In addition, the following penalties may be assessed by the authorized officer for a trespass not timely resolved under paragraph (a) of this section and where the trespass is determined to be:
(1) Nonwillful, twice the fair market
rental value which has accrued since
the inception of the trespass, not to exceed a total of 6 years; or
(2) Knowing and willful, three times
the fair market rental value which has
accrued since the inception of the trespass, not to exceed a total of 6 years.
(c) For any person found to be in
trespass on the public lands under this
section, the authorized officer may
take action under § 2920.9–3 of this title
to terminate, revoke, or cancel any
land use authorization issued to such
person under this part.
(d) Failure to satisfy the liability and
penalty requirements imposed under
this section for unauthorized use of the
public lands may result in denial of:
(1) A use authorization under this
part; and
(2) A request to purchase or exchange
public lands filed under subparts 2711
and 2201 of this title.
(e) Any person who knowingly and
willfully violates the regulations in
this part by using the public lands
without the authorization required by
this part, in addition to the civil penalties provided for in this part, may be
subject to a fine of not more than $1,000
or imprisonment of not more than 12
months, or both under subpart 9262 of
this title.
(f) Any person adversely affected by a
decision issued under this section, may
appeal that decision under the provisions of part 4 of this title.
[52 FR 49115, Dec. 29, 1987]
§ 2920.2 Procedures for public-initiated land use proposals.
§ 2920.2–1 Discussion of proposals.
(a) Suggestions by land use proponent.
Any person who seeks to use public
lands may contact the Bureau of Land
Management office having jurisdiction
over the public lands in question and
discuss the land use proposal. This contact should be made as early as possible so that administrative requirements and potential conflicts with
other land uses can be identified.
(b) Response by the authorized officer.
The authorized officer will discuss with
the land use proponent whether the requested land use, suitability or nonsuitability of the requested land use
based on a preliminary examination of
existing land use plans, where available, is or is not in conformance with
Bureau of Land Management policies
and programs for the lands, local zoning ordinances and any other pertinent
information. The authorized officer
will discuss administrative requirements for the type of land use authorization which may be granted (lease,
permit or easement), including, but not
limited to: additional information
which may be required; qualifications;
cost reimbursement requirements; associated clearances, other permits or
licenses which may be required; environmental and management considerations; and special requirements such
as competitive bidding and identification of on-the-ground investigations
which may be required in order to issue
a land use authorization.
§ 2920.2–2 Minimum impact permits.
(a) The authorized officer may, without publication of a notice of realty action, issue a permit for a land use upon
a determination that the proposed use
is in conformance with Bureau of Land
Management plans, policies and programs, local zoning ordinances and any
other requirements and will not cause
appreciable damage or disturbance to
the public lands, their resources or improvements.
(b) Permit decisions made under
paragraph (a) of this section take effect
immediately upon execution, and remain in effect during the period of
time specified in the decision to issue
308
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§ 2920.2
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
(2) The fair market value rental of
the lands for the current year and past
years of trespass; and
(3) Rehabilitating and stabilizing the
lands that were the subject of such
trespass, or if the person determined to
be in trespass does not rehabilitate and
stabilize the lands determined to be in
trespass within the period set by the
authorized officer in the notice, he/she
shall be liable for the costs incurred by
the United States in rehabilitating and
stabilizing such lands.
(b) In addition, the following penalties may be assessed by the authorized officer for a trespass not timely resolved under paragraph (a) of this section and where the trespass is determined to be:
(1) Nonwillful, twice the fair market
rental value which has accrued since
the inception of the trespass, not to exceed a total of 6 years; or
(2) Knowing and willful, three times
the fair market rental value which has
accrued since the inception of the trespass, not to exceed a total of 6 years.
(c) For any person found to be in
trespass on the public lands under this
section, the authorized officer may
take action under § 2920.9–3 of this title
to terminate, revoke, or cancel any
land use authorization issued to such
person under this part.
(d) Failure to satisfy the liability and
penalty requirements imposed under
this section for unauthorized use of the
public lands may result in denial of:
(1) A use authorization under this
part; and
(2) A request to purchase or exchange
public lands filed under subparts 2711
and 2201 of this title.
(e) Any person who knowingly and
willfully violates the regulations in
this part by using the public lands
without the authorization required by
this part, in addition to the civil penalties provided for in this part, may be
subject to a fine of not more than $1,000
or imprisonment of not more than 12
months, or both under subpart 9262 of
this title.
(f) Any person adversely affected by a
decision issued under this section, may
appeal that decision under the provisions of part 4 of this title.
[52 FR 49115, Dec. 29, 1987]
§ 2920.2 Procedures for public-initiated land use proposals.
§ 2920.2–1 Discussion of proposals.
(a) Suggestions by land use proponent.
Any person who seeks to use public
lands may contact the Bureau of Land
Management office having jurisdiction
over the public lands in question and
discuss the land use proposal. This contact should be made as early as possible so that administrative requirements and potential conflicts with
other land uses can be identified.
(b) Response by the authorized officer.
The authorized officer will discuss with
the land use proponent whether the requested land use, suitability or nonsuitability of the requested land use
based on a preliminary examination of
existing land use plans, where available, is or is not in conformance with
Bureau of Land Management policies
and programs for the lands, local zoning ordinances and any other pertinent
information. The authorized officer
will discuss administrative requirements for the type of land use authorization which may be granted (lease,
permit or easement), including, but not
limited to: additional information
which may be required; qualifications;
cost reimbursement requirements; associated clearances, other permits or
licenses which may be required; environmental and management considerations; and special requirements such
as competitive bidding and identification of on-the-ground investigations
which may be required in order to issue
a land use authorization.
§ 2920.2–2 Minimum impact permits.
(a) The authorized officer may, without publication of a notice of realty action, issue a permit for a land use upon
a determination that the proposed use
is in conformance with Bureau of Land
Management plans, policies and programs, local zoning ordinances and any
other requirements and will not cause
appreciable damage or disturbance to
the public lands, their resources or improvements.
(b) Permit decisions made under
paragraph (a) of this section take effect
immediately upon execution, and remain in effect during the period of
time specified in the decision to issue
308
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§ 2920.2
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
(2) The fair market value rental of
the lands for the current year and past
years of trespass; and
(3) Rehabilitating and stabilizing the
lands that were the subject of such
trespass, or if the person determined to
be in trespass does not rehabilitate and
stabilize the lands determined to be in
trespass within the period set by the
authorized officer in the notice, he/she
shall be liable for the costs incurred by
the United States in rehabilitating and
stabilizing such lands.
(b) In addition, the following penalties may be assessed by the authorized officer for a trespass not timely resolved under paragraph (a) of this section and where the trespass is determined to be:
(1) Nonwillful, twice the fair market
rental value which has accrued since
the inception of the trespass, not to exceed a total of 6 years; or
(2) Knowing and willful, three times
the fair market rental value which has
accrued since the inception of the trespass, not to exceed a total of 6 years.
(c) For any person found to be in
trespass on the public lands under this
section, the authorized officer may
take action under § 2920.9–3 of this title
to terminate, revoke, or cancel any
land use authorization issued to such
person under this part.
(d) Failure to satisfy the liability and
penalty requirements imposed under
this section for unauthorized use of the
public lands may result in denial of:
(1) A use authorization under this
part; and
(2) A request to purchase or exchange
public lands filed under subparts 2711
and 2201 of this title.
(e) Any person who knowingly and
willfully violates the regulations in
this part by using the public lands
without the authorization required by
this part, in addition to the civil penalties provided for in this part, may be
subject to a fine of not more than $1,000
or imprisonment of not more than 12
months, or both under subpart 9262 of
this title.
(f) Any person adversely affected by a
decision issued under this section, may
appeal that decision under the provisions of part 4 of this title.
[52 FR 49115, Dec. 29, 1987]
§ 2920.2 Procedures for public-initiated land use proposals.
§ 2920.2–1 Discussion of proposals.
(a) Suggestions by land use proponent.
Any person who seeks to use public
lands may contact the Bureau of Land
Management office having jurisdiction
over the public lands in question and
discuss the land use proposal. This contact should be made as early as possible so that administrative requirements and potential conflicts with
other land uses can be identified.
(b) Response by the authorized officer.
The authorized officer will discuss with
the land use proponent whether the requested land use, suitability or nonsuitability of the requested land use
based on a preliminary examination of
existing land use plans, where available, is or is not in conformance with
Bureau of Land Management policies
and programs for the lands, local zoning ordinances and any other pertinent
information. The authorized officer
will discuss administrative requirements for the type of land use authorization which may be granted (lease,
permit or easement), including, but not
limited to: additional information
which may be required; qualifications;
cost reimbursement requirements; associated clearances, other permits or
licenses which may be required; environmental and management considerations; and special requirements such
as competitive bidding and identification of on-the-ground investigations
which may be required in order to issue
a land use authorization.
§ 2920.2–2 Minimum impact permits.
(a) The authorized officer may, without publication of a notice of realty action, issue a permit for a land use upon
a determination that the proposed use
is in conformance with Bureau of Land
Management plans, policies and programs, local zoning ordinances and any
other requirements and will not cause
appreciable damage or disturbance to
the public lands, their resources or improvements.
(b) Permit decisions made under
paragraph (a) of this section take effect
immediately upon execution, and remain in effect during the period of
time specified in the decision to issue
308
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§ 2920.2
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
(2) The fair market value rental of
the lands for the current year and past
years of trespass; and
(3) Rehabilitating and stabilizing the
lands that were the subject of such
trespass, or if the person determined to
be in trespass does not rehabilitate and
stabilize the lands determined to be in
trespass within the period set by the
authorized officer in the notice, he/she
shall be liable for the costs incurred by
the United States in rehabilitating and
stabilizing such lands.
(b) In addition, the following penalties may be assessed by the authorized officer for a trespass not timely resolved under paragraph (a) of this section and where the trespass is determined to be:
(1) Nonwillful, twice the fair market
rental value which has accrued since
the inception of the trespass, not to exceed a total of 6 years; or
(2) Knowing and willful, three times
the fair market rental value which has
accrued since the inception of the trespass, not to exceed a total of 6 years.
(c) For any person found to be in
trespass on the public lands under this
section, the authorized officer may
take action under § 2920.9–3 of this title
to terminate, revoke, or cancel any
land use authorization issued to such
person under this part.
(d) Failure to satisfy the liability and
penalty requirements imposed under
this section for unauthorized use of the
public lands may result in denial of:
(1) A use authorization under this
part; and
(2) A request to purchase or exchange
public lands filed under subparts 2711
and 2201 of this title.
(e) Any person who knowingly and
willfully violates the regulations in
this part by using the public lands
without the authorization required by
this part, in addition to the civil penalties provided for in this part, may be
subject to a fine of not more than $1,000
or imprisonment of not more than 12
months, or both under subpart 9262 of
this title.
(f) Any person adversely affected by a
decision issued under this section, may
appeal that decision under the provisions of part 4 of this title.
[52 FR 49115, Dec. 29, 1987]
§ 2920.2 Procedures for public-initiated land use proposals.
§ 2920.2–1 Discussion of proposals.
(a) Suggestions by land use proponent.
Any person who seeks to use public
lands may contact the Bureau of Land
Management office having jurisdiction
over the public lands in question and
discuss the land use proposal. This contact should be made as early as possible so that administrative requirements and potential conflicts with
other land uses can be identified.
(b) Response by the authorized officer.
The authorized officer will discuss with
the land use proponent whether the requested land use, suitability or nonsuitability of the requested land use
based on a preliminary examination of
existing land use plans, where available, is or is not in conformance with
Bureau of Land Management policies
and programs for the lands, local zoning ordinances and any other pertinent
information. The authorized officer
will discuss administrative requirements for the type of land use authorization which may be granted (lease,
permit or easement), including, but not
limited to: additional information
which may be required; qualifications;
cost reimbursement requirements; associated clearances, other permits or
licenses which may be required; environmental and management considerations; and special requirements such
as competitive bidding and identification of on-the-ground investigations
which may be required in order to issue
a land use authorization.
§ 2920.2–2 Minimum impact permits.
(a) The authorized officer may, without publication of a notice of realty action, issue a permit for a land use upon
a determination that the proposed use
is in conformance with Bureau of Land
Management plans, policies and programs, local zoning ordinances and any
other requirements and will not cause
appreciable damage or disturbance to
the public lands, their resources or improvements.
(b) Permit decisions made under
paragraph (a) of this section take effect
immediately upon execution, and remain in effect during the period of
time specified in the decision to issue
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Bureau of Land Management, Interior
§ 2920.3
the permit. Any person whose interest
is adversely affected by a decision to
grant or deny a permit under paragraph (a) of this section may appeal to
the Board of Land Appeals under part 4
of this title. However, decisions and
permits issued under paragraph (a) of
this section will remain in effect until
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61
FR 32354, June 24, 1996]
§ 2920.2–3
Other land use proposals.
(a) A proposal for a land use authorization, including permits not covered
by § 2920.2–2 of this title, shall be submitted in writing to the Bureau of
Land Management office having jurisdiction over the public lands covered
by the proposal.
(b) The submission of a proposal
gives no right to use the public lands.
jcorcoran on PRODPC62 with CFR
§ 2920.2–4
Proposal content.
(a) Proposals for a land use authorization shall include 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 proposed land use, the approximate cost of the proposal, any threat
to the public health and safety posed
by the proposal and whether the proposal is, in the proponent’s opinion, in
conformance with Bureau of Land Management plans, programs and policies
for the public lands covered by the proposal. 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) The proposal shall include the
name, legal mailing address and telephone number of the land use proponent.
§ 2920.2–5 Proposal review.
(a) A land use proposal shall, upon
submission, be reviewed to determine if
the public lands covered by the proposal are appropriate for the proposed
land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further consideration, the
authorized officer shall examine the
proposal and make one of the following
determinations:
(1) The proposed land use is in conformance with the appropriate land use
plan and can be approved;
(2) The proposed land use has not
been addressed in an existing land use
plan and shall be addressed in accordance with the procedure in part 1600 of
this title;
(3) The proposed land use is in an
area not covered in an existing land
use plan and shall be processed in accordance with the procedure in § 1601.8
of this title; or
(4) The proposed land use is not in
conformance with the approved land
use plan. This determination may be
appealed under 43 CFR 4.400 for review
of the question of conformance with
the land use plan.
(c)(1) If a proposed land use does not
meet the requirements of this subpart
or is found not to be in conformance
with the land use plan, the authorized
officer shall so advise the proponent
and shall provide a written explanation
of the reasons the proposed use does
not meet the requirements of this subpart and/or is not in conformance with
an existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with
the land use plan, the authorized officer may consider the proposal for land
use as an application to amend or revise the existing land use plan under
part 1600 of this title.
§ 2920.3 Bureau of Land Management
initiated land use proposals.
Where, as a result of the land use
planning process, the desirability of allowing use of the public lands or providing increased service to the public
from such use of the public lands is
demonstrated, the authorized officer
may identify a use for the public land
309
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Bureau of Land Management, Interior
§ 2920.3
the permit. Any person whose interest
is adversely affected by a decision to
grant or deny a permit under paragraph (a) of this section may appeal to
the Board of Land Appeals under part 4
of this title. However, decisions and
permits issued under paragraph (a) of
this section will remain in effect until
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61
FR 32354, June 24, 1996]
§ 2920.2–3
Other land use proposals.
(a) A proposal for a land use authorization, including permits not covered
by § 2920.2–2 of this title, shall be submitted in writing to the Bureau of
Land Management office having jurisdiction over the public lands covered
by the proposal.
(b) The submission of a proposal
gives no right to use the public lands.
jcorcoran on PRODPC62 with CFR
§ 2920.2–4
Proposal content.
(a) Proposals for a land use authorization shall include 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 proposed land use, the approximate cost of the proposal, any threat
to the public health and safety posed
by the proposal and whether the proposal is, in the proponent’s opinion, in
conformance with Bureau of Land Management plans, programs and policies
for the public lands covered by the proposal. 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) The proposal shall include the
name, legal mailing address and telephone number of the land use proponent.
§ 2920.2–5 Proposal review.
(a) A land use proposal shall, upon
submission, be reviewed to determine if
the public lands covered by the proposal are appropriate for the proposed
land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further consideration, the
authorized officer shall examine the
proposal and make one of the following
determinations:
(1) The proposed land use is in conformance with the appropriate land use
plan and can be approved;
(2) The proposed land use has not
been addressed in an existing land use
plan and shall be addressed in accordance with the procedure in part 1600 of
this title;
(3) The proposed land use is in an
area not covered in an existing land
use plan and shall be processed in accordance with the procedure in § 1601.8
of this title; or
(4) The proposed land use is not in
conformance with the approved land
use plan. This determination may be
appealed under 43 CFR 4.400 for review
of the question of conformance with
the land use plan.
(c)(1) If a proposed land use does not
meet the requirements of this subpart
or is found not to be in conformance
with the land use plan, the authorized
officer shall so advise the proponent
and shall provide a written explanation
of the reasons the proposed use does
not meet the requirements of this subpart and/or is not in conformance with
an existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with
the land use plan, the authorized officer may consider the proposal for land
use as an application to amend or revise the existing land use plan under
part 1600 of this title.
§ 2920.3 Bureau of Land Management
initiated land use proposals.
Where, as a result of the land use
planning process, the desirability of allowing use of the public lands or providing increased service to the public
from such use of the public lands is
demonstrated, the authorized officer
may identify a use for the public land
309
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208181
Bureau of Land Management, Interior
§ 2920.3
the permit. Any person whose interest
is adversely affected by a decision to
grant or deny a permit under paragraph (a) of this section may appeal to
the Board of Land Appeals under part 4
of this title. However, decisions and
permits issued under paragraph (a) of
this section will remain in effect until
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61
FR 32354, June 24, 1996]
§ 2920.2–3
Other land use proposals.
(a) A proposal for a land use authorization, including permits not covered
by § 2920.2–2 of this title, shall be submitted in writing to the Bureau of
Land Management office having jurisdiction over the public lands covered
by the proposal.
(b) The submission of a proposal
gives no right to use the public lands.
jcorcoran on PRODPC62 with CFR
§ 2920.2–4
Proposal content.
(a) Proposals for a land use authorization shall include 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 proposed land use, the approximate cost of the proposal, any threat
to the public health and safety posed
by the proposal and whether the proposal is, in the proponent’s opinion, in
conformance with Bureau of Land Management plans, programs and policies
for the public lands covered by the proposal. 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) The proposal shall include the
name, legal mailing address and telephone number of the land use proponent.
§ 2920.2–5 Proposal review.
(a) A land use proposal shall, upon
submission, be reviewed to determine if
the public lands covered by the proposal are appropriate for the proposed
land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further consideration, the
authorized officer shall examine the
proposal and make one of the following
determinations:
(1) The proposed land use is in conformance with the appropriate land use
plan and can be approved;
(2) The proposed land use has not
been addressed in an existing land use
plan and shall be addressed in accordance with the procedure in part 1600 of
this title;
(3) The proposed land use is in an
area not covered in an existing land
use plan and shall be processed in accordance with the procedure in § 1601.8
of this title; or
(4) The proposed land use is not in
conformance with the approved land
use plan. This determination may be
appealed under 43 CFR 4.400 for review
of the question of conformance with
the land use plan.
(c)(1) If a proposed land use does not
meet the requirements of this subpart
or is found not to be in conformance
with the land use plan, the authorized
officer shall so advise the proponent
and shall provide a written explanation
of the reasons the proposed use does
not meet the requirements of this subpart and/or is not in conformance with
an existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with
the land use plan, the authorized officer may consider the proposal for land
use as an application to amend or revise the existing land use plan under
part 1600 of this title.
§ 2920.3 Bureau of Land Management
initiated land use proposals.
Where, as a result of the land use
planning process, the desirability of allowing use of the public lands or providing increased service to the public
from such use of the public lands is
demonstrated, the authorized officer
may identify a use for the public land
309
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208181
Bureau of Land Management, Interior
§ 2920.3
the permit. Any person whose interest
is adversely affected by a decision to
grant or deny a permit under paragraph (a) of this section may appeal to
the Board of Land Appeals under part 4
of this title. However, decisions and
permits issued under paragraph (a) of
this section will remain in effect until
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61
FR 32354, June 24, 1996]
§ 2920.2–3
Other land use proposals.
(a) A proposal for a land use authorization, including permits not covered
by § 2920.2–2 of this title, shall be submitted in writing to the Bureau of
Land Management office having jurisdiction over the public lands covered
by the proposal.
(b) The submission of a proposal
gives no right to use the public lands.
jcorcoran on PRODPC62 with CFR
§ 2920.2–4
Proposal content.
(a) Proposals for a land use authorization shall include 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 proposed land use, the approximate cost of the proposal, any threat
to the public health and safety posed
by the proposal and whether the proposal is, in the proponent’s opinion, in
conformance with Bureau of Land Management plans, programs and policies
for the public lands covered by the proposal. 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) The proposal shall include the
name, legal mailing address and telephone number of the land use proponent.
§ 2920.2–5 Proposal review.
(a) A land use proposal shall, upon
submission, be reviewed to determine if
the public lands covered by the proposal are appropriate for the proposed
land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further consideration, the
authorized officer shall examine the
proposal and make one of the following
determinations:
(1) The proposed land use is in conformance with the appropriate land use
plan and can be approved;
(2) The proposed land use has not
been addressed in an existing land use
plan and shall be addressed in accordance with the procedure in part 1600 of
this title;
(3) The proposed land use is in an
area not covered in an existing land
use plan and shall be processed in accordance with the procedure in § 1601.8
of this title; or
(4) The proposed land use is not in
conformance with the approved land
use plan. This determination may be
appealed under 43 CFR 4.400 for review
of the question of conformance with
the land use plan.
(c)(1) If a proposed land use does not
meet the requirements of this subpart
or is found not to be in conformance
with the land use plan, the authorized
officer shall so advise the proponent
and shall provide a written explanation
of the reasons the proposed use does
not meet the requirements of this subpart and/or is not in conformance with
an existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with
the land use plan, the authorized officer may consider the proposal for land
use as an application to amend or revise the existing land use plan under
part 1600 of this title.
§ 2920.3 Bureau of Land Management
initiated land use proposals.
Where, as a result of the land use
planning process, the desirability of allowing use of the public lands or providing increased service to the public
from such use of the public lands is
demonstrated, the authorized officer
may identify a use for the public land
309
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Bureau of Land Management, Interior
§ 2920.3
the permit. Any person whose interest
is adversely affected by a decision to
grant or deny a permit under paragraph (a) of this section may appeal to
the Board of Land Appeals under part 4
of this title. However, decisions and
permits issued under paragraph (a) of
this section will remain in effect until
stayed.
[46 FR 5777, Jan. 19, 1981, as amended at 61
FR 32354, June 24, 1996]
§ 2920.2–3
Other land use proposals.
(a) A proposal for a land use authorization, including permits not covered
by § 2920.2–2 of this title, shall be submitted in writing to the Bureau of
Land Management office having jurisdiction over the public lands covered
by the proposal.
(b) The submission of a proposal
gives no right to use the public lands.
jcorcoran on PRODPC62 with CFR
§ 2920.2–4
Proposal content.
(a) Proposals for a land use authorization shall include 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 proposed land use, the approximate cost of the proposal, any threat
to the public health and safety posed
by the proposal and whether the proposal is, in the proponent’s opinion, in
conformance with Bureau of Land Management plans, programs and policies
for the public lands covered by the proposal. 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) The proposal shall include the
name, legal mailing address and telephone number of the land use proponent.
§ 2920.2–5 Proposal review.
(a) A land use proposal shall, upon
submission, be reviewed to determine if
the public lands covered by the proposal are appropriate for the proposed
land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further consideration, the
authorized officer shall examine the
proposal and make one of the following
determinations:
(1) The proposed land use is in conformance with the appropriate land use
plan and can be approved;
(2) The proposed land use has not
been addressed in an existing land use
plan and shall be addressed in accordance with the procedure in part 1600 of
this title;
(3) The proposed land use is in an
area not covered in an existing land
use plan and shall be processed in accordance with the procedure in § 1601.8
of this title; or
(4) The proposed land use is not in
conformance with the approved land
use plan. This determination may be
appealed under 43 CFR 4.400 for review
of the question of conformance with
the land use plan.
(c)(1) If a proposed land use does not
meet the requirements of this subpart
or is found not to be in conformance
with the land use plan, the authorized
officer shall so advise the proponent
and shall provide a written explanation
of the reasons the proposed use does
not meet the requirements of this subpart and/or is not in conformance with
an existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with
the land use plan, the authorized officer may consider the proposal for land
use as an application to amend or revise the existing land use plan under
part 1600 of this title.
§ 2920.3 Bureau of Land Management
initiated land use proposals.
Where, as a result of the land use
planning process, the desirability of allowing use of the public lands or providing increased service to the public
from such use of the public lands is
demonstrated, the authorized officer
may identify a use for the public land
309
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§ 2920.4
43 CFR Ch. II (10–1–06 Edition)
and notify the public that proposals for
utilizing the land through a lease, permit or easement will be considered.
§ 2920.4
Notice of realty action.
(a) A notice of realty action indicating the availability of public lands
for non-Federal uses through lease,
permit or easement shall be issued,
published and sent to parties of interest by the authorized officer, including,
but not limited to, adjoining land owners and current or past land users,
when a determination has been made
that such public lands are available for
a particular use either through the
submission of a public initiated proposal or through the land use planning
process.
(b) The notice shall include the use
proposed for the public lands and shall
notify the public that applications for
a lease, permit or easement shall be
considered. The notice shall specify the
form of negotiation, whether by competitive or non-competitive bidding,
under which the land use authorization
shall be issued. A notice of realty action is not a specific action implementing a resource management plan
or amendment.
(c) The notice of realty action shall
be published once in the FEDERAL REGISTER and once a week for 3 weeks
thereafter in a newspaper of general
circulation in the vicinity of the public
lands included in the land use proposal.
(d) An application submitted before a
notice of realty action is published
shall not be processed and shall be returned to the person who submitted it.
Return of an application shall not be
subject to appeal or protest.
§ 2920.5
Application procedure.
jcorcoran on PRODPC62 with CFR
§ 2920.5–1 Filing of applications
land use authorizations.
for
(a) Only after publication of a notice
of realty action shall an application for
a land use authorization be filed with
the Bureau of Land Management office
having jurisdiction over the public
lands covered by the application.
(b) The filing of an application gives
no right to use the public lands.
§ 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.
310
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01:11 Oct 27, 2006
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208181
§ 2920.4
43 CFR Ch. II (10–1–06 Edition)
and notify the public that proposals for
utilizing the land through a lease, permit or easement will be considered.
§ 2920.4
Notice of realty action.
(a) A notice of realty action indicating the availability of public lands
for non-Federal uses through lease,
permit or easement shall be issued,
published and sent to parties of interest by the authorized officer, including,
but not limited to, adjoining land owners and current or past land users,
when a determination has been made
that such public lands are available for
a particular use either through the
submission of a public initiated proposal or through the land use planning
process.
(b) The notice shall include the use
proposed for the public lands and shall
notify the public that applications for
a lease, permit or easement shall be
considered. The notice shall specify the
form of negotiation, whether by competitive or non-competitive bidding,
under which the land use authorization
shall be issued. A notice of realty action is not a specific action implementing a resource management plan
or amendment.
(c) The notice of realty action shall
be published once in the FEDERAL REGISTER and once a week for 3 weeks
thereafter in a newspaper of general
circulation in the vicinity of the public
lands included in the land use proposal.
(d) An application submitted before a
notice of realty action is published
shall not be processed and shall be returned to the person who submitted it.
Return of an application shall not be
subject to appeal or protest.
§ 2920.5
Application procedure.
jcorcoran on PRODPC62 with CFR
§ 2920.5–1 Filing of applications
land use authorizations.
for
(a) Only after publication of a notice
of realty action shall an application for
a land use authorization be filed with
the Bureau of Land Management office
having jurisdiction over the public
lands covered by the application.
(b) The filing of an application gives
no right to use the public lands.
§ 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.
310
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01:11 Oct 27, 2006
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PO 00000
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Y:\SGML\208181.XXX
208181
§ 2920.4
43 CFR Ch. II (10–1–06 Edition)
and notify the public that proposals for
utilizing the land through a lease, permit or easement will be considered.
§ 2920.4
Notice of realty action.
(a) A notice of realty action indicating the availability of public lands
for non-Federal uses through lease,
permit or easement shall be issued,
published and sent to parties of interest by the authorized officer, including,
but not limited to, adjoining land owners and current or past land users,
when a determination has been made
that such public lands are available for
a particular use either through the
submission of a public initiated proposal or through the land use planning
process.
(b) The notice shall include the use
proposed for the public lands and shall
notify the public that applications for
a lease, permit or easement shall be
considered. The notice shall specify the
form of negotiation, whether by competitive or non-competitive bidding,
under which the land use authorization
shall be issued. A notice of realty action is not a specific action implementing a resource management plan
or amendment.
(c) The notice of realty action shall
be published once in the FEDERAL REGISTER and once a week for 3 weeks
thereafter in a newspaper of general
circulation in the vicinity of the public
lands included in the land use proposal.
(d) An application submitted before a
notice of realty action is published
shall not be processed and shall be returned to the person who submitted it.
Return of an application shall not be
subject to appeal or protest.
§ 2920.5
Application procedure.
jcorcoran on PRODPC62 with CFR
§ 2920.5–1 Filing of applications
land use authorizations.
for
(a) Only after publication of a notice
of realty action shall an application for
a land use authorization be filed with
the Bureau of Land Management office
having jurisdiction over the public
lands covered by the application.
(b) The filing of an application gives
no right to use the public lands.
§ 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.
310
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§ 2920.4
43 CFR Ch. II (10–1–06 Edition)
and notify the public that proposals for
utilizing the land through a lease, permit or easement will be considered.
§ 2920.4
Notice of realty action.
(a) A notice of realty action indicating the availability of public lands
for non-Federal uses through lease,
permit or easement shall be issued,
published and sent to parties of interest by the authorized officer, including,
but not limited to, adjoining land owners and current or past land users,
when a determination has been made
that such public lands are available for
a particular use either through the
submission of a public initiated proposal or through the land use planning
process.
(b) The notice shall include the use
proposed for the public lands and shall
notify the public that applications for
a lease, permit or easement shall be
considered. The notice shall specify the
form of negotiation, whether by competitive or non-competitive bidding,
under which the land use authorization
shall be issued. A notice of realty action is not a specific action implementing a resource management plan
or amendment.
(c) The notice of realty action shall
be published once in the FEDERAL REGISTER and once a week for 3 weeks
thereafter in a newspaper of general
circulation in the vicinity of the public
lands included in the land use proposal.
(d) An application submitted before a
notice of realty action is published
shall not be processed and shall be returned to the person who submitted it.
Return of an application shall not be
subject to appeal or protest.
§ 2920.5
Application procedure.
jcorcoran on PRODPC62 with CFR
§ 2920.5–1 Filing of applications
land use authorizations.
for
(a) Only after publication of a notice
of realty action shall an application for
a land use authorization be filed with
the Bureau of Land Management office
having jurisdiction over the public
lands covered by the application.
(b) The filing of an application gives
no right to use the public lands.
§ 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.
310
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§ 2920.4
43 CFR Ch. II (10–1–06 Edition)
and notify the public that proposals for
utilizing the land through a lease, permit or easement will be considered.
§ 2920.4
Notice of realty action.
(a) A notice of realty action indicating the availability of public lands
for non-Federal uses through lease,
permit or easement shall be issued,
published and sent to parties of interest by the authorized officer, including,
but not limited to, adjoining land owners and current or past land users,
when a determination has been made
that such public lands are available for
a particular use either through the
submission of a public initiated proposal or through the land use planning
process.
(b) The notice shall include the use
proposed for the public lands and shall
notify the public that applications for
a lease, permit or easement shall be
considered. The notice shall specify the
form of negotiation, whether by competitive or non-competitive bidding,
under which the land use authorization
shall be issued. A notice of realty action is not a specific action implementing a resource management plan
or amendment.
(c) The notice of realty action shall
be published once in the FEDERAL REGISTER and once a week for 3 weeks
thereafter in a newspaper of general
circulation in the vicinity of the public
lands included in the land use proposal.
(d) An application submitted before a
notice of realty action is published
shall not be processed and shall be returned to the person who submitted it.
Return of an application shall not be
subject to appeal or protest.
§ 2920.5
Application procedure.
jcorcoran on PRODPC62 with CFR
§ 2920.5–1 Filing of applications
land use authorizations.
for
(a) Only after publication of a notice
of realty action shall an application for
a land use authorization be filed with
the Bureau of Land Management office
having jurisdiction over the public
lands covered by the application.
(b) The filing of an application gives
no right to use the public lands.
§ 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.
310
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Bureau of Land Management, Interior
§ 2920.6
(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 § 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.
jcorcoran on PRODPC62 with CFR
§ 2920.5–3 Application review.
Every application shall be reviewed
to determine if it conforms to the notice of realty action. If the application
does not meet the requirements of this
subpart, the application may be denied,
and the applicant shall be so advised in
writing, with an explanation.
§ 2920.5–4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a competitive
basis if, in the judgment of the authorized officer, a competitive interest exists or if no equities, such as prior use
of the lands, warrant non-competitive
land use authorization. Land use authorizations shall be awarded on the
basis of the public benefit to be pro-
vided, the financial and technical capability of the bidder to undertake the
project and the bid offered. A bid at
less than fair market value shall not be
considered. Each bidder shall submit
information required by the notice of
realty action.
(b) Non-competitive. Land use authorizations may be offered on a negotiated, non-competitive basis, when, in
the judgement of the authorized officer
equities, such as prior use of the lands,
exist, no competitive interest exists or
where competitive bidding would represent unfair competitive and economic disadvantage to the originator
of the unique land use concept. The
non-competitive bid shall not be for
less than fair market value.
§ 2920.5–5 Application processing.
(a) After review of applications filed,
the authorized officer shall select one
application for further processing in
accordance with the notice of realty
action. The authorized officer shall
provide public notice of the selection of
an applicant and notify the selected applicant, in writing, of the selection. All
other applications shall be rejected and
returned to the applicants.
(b) The selected land use applicant
shall submit any additional information that the authorized officer considers necessary to process the land use
authorization.
§ 2920.6 Reimbursement of costs.
(a) When two or more applications
are submitted for a land use authorization, each applicant shall be liable for
the identifiable costs of processing his
(or her) application. Where the costs of
processing two or more applications
cannot be readily identified with particular applications, all applicants
shall be liable for such costs, to be divided equally among them.
(b) The selected land use applicant
shall reimburse the United States for
reasonable administrative and other
costs incurred by the United States in
processing a land use authorization application and in monitoring construction, operation, maintenance and rehabilitation of facilities authorized under
this part, including preparation of reports and statements required by the
National Environmental Policy Act of
311
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Bureau of Land Management, Interior
§ 2920.6
(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 § 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.
jcorcoran on PRODPC62 with CFR
§ 2920.5–3 Application review.
Every application shall be reviewed
to determine if it conforms to the notice of realty action. If the application
does not meet the requirements of this
subpart, the application may be denied,
and the applicant shall be so advised in
writing, with an explanation.
§ 2920.5–4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a competitive
basis if, in the judgment of the authorized officer, a competitive interest exists or if no equities, such as prior use
of the lands, warrant non-competitive
land use authorization. Land use authorizations shall be awarded on the
basis of the public benefit to be pro-
vided, the financial and technical capability of the bidder to undertake the
project and the bid offered. A bid at
less than fair market value shall not be
considered. Each bidder shall submit
information required by the notice of
realty action.
(b) Non-competitive. Land use authorizations may be offered on a negotiated, non-competitive basis, when, in
the judgement of the authorized officer
equities, such as prior use of the lands,
exist, no competitive interest exists or
where competitive bidding would represent unfair competitive and economic disadvantage to the originator
of the unique land use concept. The
non-competitive bid shall not be for
less than fair market value.
§ 2920.5–5 Application processing.
(a) After review of applications filed,
the authorized officer shall select one
application for further processing in
accordance with the notice of realty
action. The authorized officer shall
provide public notice of the selection of
an applicant and notify the selected applicant, in writing, of the selection. All
other applications shall be rejected and
returned to the applicants.
(b) The selected land use applicant
shall submit any additional information that the authorized officer considers necessary to process the land use
authorization.
§ 2920.6 Reimbursement of costs.
(a) When two or more applications
are submitted for a land use authorization, each applicant shall be liable for
the identifiable costs of processing his
(or her) application. Where the costs of
processing two or more applications
cannot be readily identified with particular applications, all applicants
shall be liable for such costs, to be divided equally among them.
(b) The selected land use applicant
shall reimburse the United States for
reasonable administrative and other
costs incurred by the United States in
processing a land use authorization application and in monitoring construction, operation, maintenance and rehabilitation of facilities authorized under
this part, including preparation of reports and statements required by the
National Environmental Policy Act of
311
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Bureau of Land Management, Interior
§ 2920.6
(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 § 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.
jcorcoran on PRODPC62 with CFR
§ 2920.5–3 Application review.
Every application shall be reviewed
to determine if it conforms to the notice of realty action. If the application
does not meet the requirements of this
subpart, the application may be denied,
and the applicant shall be so advised in
writing, with an explanation.
§ 2920.5–4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a competitive
basis if, in the judgment of the authorized officer, a competitive interest exists or if no equities, such as prior use
of the lands, warrant non-competitive
land use authorization. Land use authorizations shall be awarded on the
basis of the public benefit to be pro-
vided, the financial and technical capability of the bidder to undertake the
project and the bid offered. A bid at
less than fair market value shall not be
considered. Each bidder shall submit
information required by the notice of
realty action.
(b) Non-competitive. Land use authorizations may be offered on a negotiated, non-competitive basis, when, in
the judgement of the authorized officer
equities, such as prior use of the lands,
exist, no competitive interest exists or
where competitive bidding would represent unfair competitive and economic disadvantage to the originator
of the unique land use concept. The
non-competitive bid shall not be for
less than fair market value.
§ 2920.5–5 Application processing.
(a) After review of applications filed,
the authorized officer shall select one
application for further processing in
accordance with the notice of realty
action. The authorized officer shall
provide public notice of the selection of
an applicant and notify the selected applicant, in writing, of the selection. All
other applications shall be rejected and
returned to the applicants.
(b) The selected land use applicant
shall submit any additional information that the authorized officer considers necessary to process the land use
authorization.
§ 2920.6 Reimbursement of costs.
(a) When two or more applications
are submitted for a land use authorization, each applicant shall be liable for
the identifiable costs of processing his
(or her) application. Where the costs of
processing two or more applications
cannot be readily identified with particular applications, all applicants
shall be liable for such costs, to be divided equally among them.
(b) The selected land use applicant
shall reimburse the United States for
reasonable administrative and other
costs incurred by the United States in
processing a land use authorization application and in monitoring construction, operation, maintenance and rehabilitation of facilities authorized under
this part, including preparation of reports and statements required by the
National Environmental Policy Act of
311
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Bureau of Land Management, Interior
§ 2920.6
(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 § 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.
jcorcoran on PRODPC62 with CFR
§ 2920.5–3 Application review.
Every application shall be reviewed
to determine if it conforms to the notice of realty action. If the application
does not meet the requirements of this
subpart, the application may be denied,
and the applicant shall be so advised in
writing, with an explanation.
§ 2920.5–4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a competitive
basis if, in the judgment of the authorized officer, a competitive interest exists or if no equities, such as prior use
of the lands, warrant non-competitive
land use authorization. Land use authorizations shall be awarded on the
basis of the public benefit to be pro-
vided, the financial and technical capability of the bidder to undertake the
project and the bid offered. A bid at
less than fair market value shall not be
considered. Each bidder shall submit
information required by the notice of
realty action.
(b) Non-competitive. Land use authorizations may be offered on a negotiated, non-competitive basis, when, in
the judgement of the authorized officer
equities, such as prior use of the lands,
exist, no competitive interest exists or
where competitive bidding would represent unfair competitive and economic disadvantage to the originator
of the unique land use concept. The
non-competitive bid shall not be for
less than fair market value.
§ 2920.5–5 Application processing.
(a) After review of applications filed,
the authorized officer shall select one
application for further processing in
accordance with the notice of realty
action. The authorized officer shall
provide public notice of the selection of
an applicant and notify the selected applicant, in writing, of the selection. All
other applications shall be rejected and
returned to the applicants.
(b) The selected land use applicant
shall submit any additional information that the authorized officer considers necessary to process the land use
authorization.
§ 2920.6 Reimbursement of costs.
(a) When two or more applications
are submitted for a land use authorization, each applicant shall be liable for
the identifiable costs of processing his
(or her) application. Where the costs of
processing two or more applications
cannot be readily identified with particular applications, all applicants
shall be liable for such costs, to be divided equally among them.
(b) The selected land use applicant
shall reimburse the United States for
reasonable administrative and other
costs incurred by the United States in
processing a land use authorization application and in monitoring construction, operation, maintenance and rehabilitation of facilities authorized under
this part, including preparation of reports and statements required by the
National Environmental Policy Act of
311
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Bureau of Land Management, Interior
§ 2920.6
(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 § 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.
jcorcoran on PRODPC62 with CFR
§ 2920.5–3 Application review.
Every application shall be reviewed
to determine if it conforms to the notice of realty action. If the application
does not meet the requirements of this
subpart, the application may be denied,
and the applicant shall be so advised in
writing, with an explanation.
§ 2920.5–4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a competitive
basis if, in the judgment of the authorized officer, a competitive interest exists or if no equities, such as prior use
of the lands, warrant non-competitive
land use authorization. Land use authorizations shall be awarded on the
basis of the public benefit to be pro-
vided, the financial and technical capability of the bidder to undertake the
project and the bid offered. A bid at
less than fair market value shall not be
considered. Each bidder shall submit
information required by the notice of
realty action.
(b) Non-competitive. Land use authorizations may be offered on a negotiated, non-competitive basis, when, in
the judgement of the authorized officer
equities, such as prior use of the lands,
exist, no competitive interest exists or
where competitive bidding would represent unfair competitive and economic disadvantage to the originator
of the unique land use concept. The
non-competitive bid shall not be for
less than fair market value.
§ 2920.5–5 Application processing.
(a) After review of applications filed,
the authorized officer shall select one
application for further processing in
accordance with the notice of realty
action. The authorized officer shall
provide public notice of the selection of
an applicant and notify the selected applicant, in writing, of the selection. All
other applications shall be rejected and
returned to the applicants.
(b) The selected land use applicant
shall submit any additional information that the authorized officer considers necessary to process the land use
authorization.
§ 2920.6 Reimbursement of costs.
(a) When two or more applications
are submitted for a land use authorization, each applicant shall be liable for
the identifiable costs of processing his
(or her) application. Where the costs of
processing two or more applications
cannot be readily identified with particular applications, all applicants
shall be liable for such costs, to be divided equally among them.
(b) The selected land use applicant
shall reimburse the United States for
reasonable administrative and other
costs incurred by the United States in
processing a land use authorization application and in monitoring construction, operation, maintenance and rehabilitation of facilities authorized under
this part, including preparation of reports and statements required by the
National Environmental Policy Act of
311
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jcorcoran on PRODPC62 with CFR
§ 2920.7
43 CFR Ch. II (10–1–06 Edition)
1969 (43 U.S.C. 4321 et seq.). The reimbursement of costs shall be in accordance with the provisions of §§ 2804.14
and 2805.16 of this chapter, except that
any permit whose total rental is less
than $250 shall be exempt from reimbursement of costs requirements.
(c) The authorized officer may, before
beginning any processing of a land use
authorization application, require payment, as may be needed, to cover the
estimated costs of processing the application. Before granting a land use authorization, the authorized officer shall
assess and collect the actual costs of
processing after furnishing the applicant with a statement of costs. This
payment shall be determined in accordance with the provisions of §§ 2804.14
and 2805.16 of this chapter.
(d) A selected applicant who withdraws, in writing, a land use application before a final decision is reached
on the authorization is responsible for
all costs incurred by the United States
in processing the application up to the
day that the authorized officer receives
notice of the withdrawal and for costs
subsequently incurred by the United
States in terminating the proposed
land use authorization process. Reimbursement of such costs shall be paid
within 30 days of receipt of notice from
the authorized officer of the amount
due.
(e) Advance payments based on a
schedule of rates developed by the authorized officer, are required for monitoring of operations and maintenance
during the term of the land use authorization, which amount shall be paid simultaneously with the rental payment
required by § 2920.8(a) of this title.
(f) The selected applicant shall, before a land use authorization is issued,
submit a payment based on a schedule
of rates developed by the Director, Bureau of Land Management, for monitoring rehabilitation or restoration of
the lands upon expiration of the land
use authorization.
(g) If payment, as required by paragraphs (b), (d) and (e) of this section,
exceeds actual costs to the United
States, refund may be made by the authorized officer from applicable funds
under authority of 43 U.S.C. 1734, or the
authorized officer may adjust the next
billing to reflect the overpayment. Nei-
ther an applicant nor a holder of land
use authorization shall set off or otherwise deduct any debt due to or any sum
claimed to be owed them by the United
States without the prior written approval of the authorized officer.
(h) The authorized officer shall, on
request, give a selected applicant an
estimate, based on the best available
cost information, of the costs, which
may be incurred by the United States
in processing the proposed land use authorization. However, reimbursement
shall not be limited to the estimate of
the authorized officer if actual costs
exceed the projected estimate.
(i) When through partnership, joint
venture or other business arrangement,
more than one person, partnership, corporation, association or other entity
jointly make application for a land use
authorization, each such party shall be
jointly and severally liable for the
costs under this section.
(j) Requests for modification of or addition to the land use authorization or
reconstruction or relocation of any authorized facilities shall be treated as a
new application for cost recovery purposes and are subject to the cost requirements of this section.
[46 FR 5777, Jan. 19, 1981, as amended at 70
FR 21090, Apr. 22, 2005]
§ 2920.7 Terms and conditions.
(a) In all land use authorizations the
United States reserves the right to use
the public lands or to authorize the use
of the public lands by the general public in any way compatible or consistent
with the authorized land use and such
reservations shall be included as a part
of all land use authorizations. Authorized representatives of the Department
of the Interior, other Federal agencies
and State and local law enforcement
personnel shall at all times have the
right to enter the premises on official
business. Holders shall not close or
otherwise obstruct the use of roads or
trails commonly in public use.
(b) Each land use authorization shall
contain terms and conditions which
shall:
(1) Carry out the purposes of applicable law and regulations issued thereunder;
(2) Minimize damage to scenic, cultural and aesthetic values, fish and
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§ 2920.7
43 CFR Ch. II (10–1–06 Edition)
1969 (43 U.S.C. 4321 et seq.). The reimbursement of costs shall be in accordance with the provisions of §§ 2804.14
and 2805.16 of this chapter, except that
any permit whose total rental is less
than $250 shall be exempt from reimbursement of costs requirements.
(c) The authorized officer may, before
beginning any processing of a land use
authorization application, require payment, as may be needed, to cover the
estimated costs of processing the application. Before granting a land use authorization, the authorized officer shall
assess and collect the actual costs of
processing after furnishing the applicant with a statement of costs. This
payment shall be determined in accordance with the provisions of §§ 2804.14
and 2805.16 of this chapter.
(d) A selected applicant who withdraws, in writing, a land use application before a final decision is reached
on the authorization is responsible for
all costs incurred by the United States
in processing the application up to the
day that the authorized officer receives
notice of the withdrawal and for costs
subsequently incurred by the United
States in terminating the proposed
land use authorization process. Reimbursement of such costs shall be paid
within 30 days of receipt of notice from
the authorized officer of the amount
due.
(e) Advance payments based on a
schedule of rates developed by the authorized officer, are required for monitoring of operations and maintenance
during the term of the land use authorization, which amount shall be paid simultaneously with the rental payment
required by § 2920.8(a) of this title.
(f) The selected applicant shall, before a land use authorization is issued,
submit a payment based on a schedule
of rates developed by the Director, Bureau of Land Management, for monitoring rehabilitation or restoration of
the lands upon expiration of the land
use authorization.
(g) If payment, as required by paragraphs (b), (d) and (e) of this section,
exceeds actual costs to the United
States, refund may be made by the authorized officer from applicable funds
under authority of 43 U.S.C. 1734, or the
authorized officer may adjust the next
billing to reflect the overpayment. Nei-
ther an applicant nor a holder of land
use authorization shall set off or otherwise deduct any debt due to or any sum
claimed to be owed them by the United
States without the prior written approval of the authorized officer.
(h) The authorized officer shall, on
request, give a selected applicant an
estimate, based on the best available
cost information, of the costs, which
may be incurred by the United States
in processing the proposed land use authorization. However, reimbursement
shall not be limited to the estimate of
the authorized officer if actual costs
exceed the projected estimate.
(i) When through partnership, joint
venture or other business arrangement,
more than one person, partnership, corporation, association or other entity
jointly make application for a land use
authorization, each such party shall be
jointly and severally liable for the
costs under this section.
(j) Requests for modification of or addition to the land use authorization or
reconstruction or relocation of any authorized facilities shall be treated as a
new application for cost recovery purposes and are subject to the cost requirements of this section.
[46 FR 5777, Jan. 19, 1981, as amended at 70
FR 21090, Apr. 22, 2005]
§ 2920.7 Terms and conditions.
(a) In all land use authorizations the
United States reserves the right to use
the public lands or to authorize the use
of the public lands by the general public in any way compatible or consistent
with the authorized land use and such
reservations shall be included as a part
of all land use authorizations. Authorized representatives of the Department
of the Interior, other Federal agencies
and State and local law enforcement
personnel shall at all times have the
right to enter the premises on official
business. Holders shall not close or
otherwise obstruct the use of roads or
trails commonly in public use.
(b) Each land use authorization shall
contain terms and conditions which
shall:
(1) Carry out the purposes of applicable law and regulations issued thereunder;
(2) Minimize damage to scenic, cultural and aesthetic values, fish and
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Bureau of Land Management, Interior
§ 2920.7
wildlife habitat and otherwise protect
the environment;
(3) Require compliance with air and
water quality standards established
pursuant to applicable Federal or State
law; and
(4) Require compliance with State
standards for public health and safety,
environmental protection, siting, construction, operation and maintenance
of, or for, such use if those standards
are more stringent than applicable
Federal standards.
(c) Land use authorizations shall also
contain such other terms and conditions as the authorized officer considers necessary to:
(1) Protect Federal property and economic interests;
(2) Manage efficiently the public
lands which are subject to the use or
adjacent to or occupied by such use;
(3) Protect lives and property;
(4) Protect the interests of individuals living in the general area of the
use who rely on the fish, wildlife and
other biotic resources of the area for
subsistence purposes;
(5) Require the use to be located in
an area which shall cause least damage
to the environment, taking into consideration feasibility and other relevant factors; and
(6) Otherwise protect the public interest.
(d) A holder shall be required to secure authorization under applicable
law to pay in advance the fair market
value, as determined by the authorized
officer, of any mineral, vegetative materials (including timber) to be cut, removed, used or destroyed on public
lands.
(e) A holder shall not use the public
lands for any purposes other than those
specified in the land use authorization
without the approval of the authorized
officer.
(f) Liability provisions:
(1) Holders of a land use authorization and all owners of any interest in,
and all affiliates or subsidiaries of any
holder of a land use authorization
issued under these regulations shall
pay the United States the full value for
all injuries or damage to public lands
or other property of the United States
caused by the holder or by its employees, agents or servants, or by a con-
tractor, its employees, agents or servants, except holders shall be held to
standards of strict liability where the
Secretary of the Interior determines
that the activities taking place on the
area covered by the land use authorization present a foreseeable hazard or
risk of danger to public lands or other
property of the United States. Strict liability shall not be applied where such
damages or injuries result from acts of
war or negligence of the United States.
(2) Holders of a land use authorization and all owners of any interest in,
and affiliates or subsidiaries of any
holder of a land use authorization
issued under these regulations shall
pay third parties the full value of all
injuries or damage to life, person or
property caused by the holder, its employees, agents or servants or by a contractor, its employees, agents or servants.
(3) Holders of a land use authorization shall indemnify or hold harmless
the United States against any liability
for damages to life, person or property
arising from the authorized occupancy
or use of the public lands under the
land use authorization. Where a land
use authorization is issued to a State
or local government or any agency or
instrumentality thereof, which has no
legal power to assume such liability
with respect to damages caused by it to
lands or property, such State or local
government or agency in lieu thereof
shall be required to repair all damages.
(g) The authorized officer may require a bond or other security satisfactory to him/her to insure the fulfillment of the terms and conditions of
the land use authorization.
(h) Any land use authorization existing on the effective date of this regulation is not affected by this regulation
and shall continue to be administered
under the statutory authority under
which it was issued. However, by filing
a proposal for amendment or renewal,
the holder of a land use authorization
shall be considered to have agreed to
convert the entire authorization to the
current statutory authority and the
regulations in effect at the time of approval of the amendment or renewal.
(i) The holder of a land use authorization who has complied with the provisions thereof, shall, upon the filing of a
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§ 2920.8
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
request for renewal, be the preferred
user for a new land use authorization
provided that the public lands are not
needed for another use. Renewal, if
granted, shall be subject to new terms
and conditions. If so specified in the
terms of a permit, the permit may be
automatically renewable upon payment of the annual rental unless the
authorized officer notifies the permittee within 60 days of the expiration
date of the permit that the permit
shall not be renewed.
(j) Land use authorizations may be
transferred in whole or in part but only
under the following conditions:
(1) The transferee shall comply with
the provisions of § 2920.2–3 of this title;
(2) The authorized officer may modify the terms and conditions of the
land use authorization and the transferee shall agree, in writing, to comply
with and be bound by the terms and
conditions of the authorization as
modified; and
(3) Transfers shall not take effect
until approved by the authorized officer.
(k) If public lands included in a lease
or easement are to be disposed of, the
conveyance shall be made subject to
the lease or easement. Permits shall be
revoked prior to disposal of the public
lands.
§ 2920.8 Fees.
(a) Rental. (1) Holders of a land use
authorization shall pay annually or
otherwise as determined by the authorized officer, in advance, a rental as determined by the authorized officer. The
rental shall be based either upon the
fair market value of the rights authorized in the land use authorization or as
determined by competitive bidding. In
no case shall the rental be less than
fair market value.
(2) Rental fees for leases and easements may be adjusted every 5 years or
earlier, as determined by the authorized officer, to reflect current fair market value.
(3) The rental fees required by this
section are payable when due, and a
late charge of 1 percent per month of
the unpaid amount or $15 per month,
whichever is greater, shall be assessed
if subsequent billings are required.
Failure to pay the rental fee in a time-
ly manner is cause for termination of
the land use authorization.
(b) Processing fee. Each request for renewal, transfer or assignment of a
lease or easement shall be accompanied
by a non-refundable processing fee of
$25. The authorized officer may waive
or reduce this fee for requests for permit renewals which can be processed
with a minimal amount of work.
§ 2920.9 Supervision of the land use
authorization.
§ 2920.9–1
Construction phase.
(a) Unless otherwise stated in the
land use authorization, construction
may proceed immediately upon receipt
and acceptance of the land use authorization by the selected applicant.
(b) Where an authorization to use
public lands provides that no construction shall occur until specific permission to begin construction is granted,
no construction shall occur until an
appropriate Notice to Proceed has been
issued by the authorized officer, following the submission and approval of
required plans or documents.
(c) The authorized officer shall inspect and monitor construction as necessary, to assure compliance with approved plans and protection of the resources, the environment and the public health, safety and welfare.
(d) The holder of a land use authorization may be required to designate a
field representative who can accept and
act on guidance and instructions from
the authorized officer.
(e) The holder of a land use authorization may be required to provide
proof of construction to the approved
plan and required standards. Thereafter, operation of the authorized facilities may begin.
§ 2920.9–2
Operation and maintenance.
The authorized officer shall inspect
and monitor the operation and maintenance of the land use authorization
area, its facilities and improvements to
assure compliance with the plan of
management and protection of the resources, the environment and the public health, safety and welfare, and the
holder of the land use authorization
shall take corrective action as required
by the authorized officer.
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§ 2920.8
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
request for renewal, be the preferred
user for a new land use authorization
provided that the public lands are not
needed for another use. Renewal, if
granted, shall be subject to new terms
and conditions. If so specified in the
terms of a permit, the permit may be
automatically renewable upon payment of the annual rental unless the
authorized officer notifies the permittee within 60 days of the expiration
date of the permit that the permit
shall not be renewed.
(j) Land use authorizations may be
transferred in whole or in part but only
under the following conditions:
(1) The transferee shall comply with
the provisions of § 2920.2–3 of this title;
(2) The authorized officer may modify the terms and conditions of the
land use authorization and the transferee shall agree, in writing, to comply
with and be bound by the terms and
conditions of the authorization as
modified; and
(3) Transfers shall not take effect
until approved by the authorized officer.
(k) If public lands included in a lease
or easement are to be disposed of, the
conveyance shall be made subject to
the lease or easement. Permits shall be
revoked prior to disposal of the public
lands.
§ 2920.8 Fees.
(a) Rental. (1) Holders of a land use
authorization shall pay annually or
otherwise as determined by the authorized officer, in advance, a rental as determined by the authorized officer. The
rental shall be based either upon the
fair market value of the rights authorized in the land use authorization or as
determined by competitive bidding. In
no case shall the rental be less than
fair market value.
(2) Rental fees for leases and easements may be adjusted every 5 years or
earlier, as determined by the authorized officer, to reflect current fair market value.
(3) The rental fees required by this
section are payable when due, and a
late charge of 1 percent per month of
the unpaid amount or $15 per month,
whichever is greater, shall be assessed
if subsequent billings are required.
Failure to pay the rental fee in a time-
ly manner is cause for termination of
the land use authorization.
(b) Processing fee. Each request for renewal, transfer or assignment of a
lease or easement shall be accompanied
by a non-refundable processing fee of
$25. The authorized officer may waive
or reduce this fee for requests for permit renewals which can be processed
with a minimal amount of work.
§ 2920.9 Supervision of the land use
authorization.
§ 2920.9–1
Construction phase.
(a) Unless otherwise stated in the
land use authorization, construction
may proceed immediately upon receipt
and acceptance of the land use authorization by the selected applicant.
(b) Where an authorization to use
public lands provides that no construction shall occur until specific permission to begin construction is granted,
no construction shall occur until an
appropriate Notice to Proceed has been
issued by the authorized officer, following the submission and approval of
required plans or documents.
(c) The authorized officer shall inspect and monitor construction as necessary, to assure compliance with approved plans and protection of the resources, the environment and the public health, safety and welfare.
(d) The holder of a land use authorization may be required to designate a
field representative who can accept and
act on guidance and instructions from
the authorized officer.
(e) The holder of a land use authorization may be required to provide
proof of construction to the approved
plan and required standards. Thereafter, operation of the authorized facilities may begin.
§ 2920.9–2
Operation and maintenance.
The authorized officer shall inspect
and monitor the operation and maintenance of the land use authorization
area, its facilities and improvements to
assure compliance with the plan of
management and protection of the resources, the environment and the public health, safety and welfare, and the
holder of the land use authorization
shall take corrective action as required
by the authorized officer.
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§ 2920.8
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
request for renewal, be the preferred
user for a new land use authorization
provided that the public lands are not
needed for another use. Renewal, if
granted, shall be subject to new terms
and conditions. If so specified in the
terms of a permit, the permit may be
automatically renewable upon payment of the annual rental unless the
authorized officer notifies the permittee within 60 days of the expiration
date of the permit that the permit
shall not be renewed.
(j) Land use authorizations may be
transferred in whole or in part but only
under the following conditions:
(1) The transferee shall comply with
the provisions of § 2920.2–3 of this title;
(2) The authorized officer may modify the terms and conditions of the
land use authorization and the transferee shall agree, in writing, to comply
with and be bound by the terms and
conditions of the authorization as
modified; and
(3) Transfers shall not take effect
until approved by the authorized officer.
(k) If public lands included in a lease
or easement are to be disposed of, the
conveyance shall be made subject to
the lease or easement. Permits shall be
revoked prior to disposal of the public
lands.
§ 2920.8 Fees.
(a) Rental. (1) Holders of a land use
authorization shall pay annually or
otherwise as determined by the authorized officer, in advance, a rental as determined by the authorized officer. The
rental shall be based either upon the
fair market value of the rights authorized in the land use authorization or as
determined by competitive bidding. In
no case shall the rental be less than
fair market value.
(2) Rental fees for leases and easements may be adjusted every 5 years or
earlier, as determined by the authorized officer, to reflect current fair market value.
(3) The rental fees required by this
section are payable when due, and a
late charge of 1 percent per month of
the unpaid amount or $15 per month,
whichever is greater, shall be assessed
if subsequent billings are required.
Failure to pay the rental fee in a time-
ly manner is cause for termination of
the land use authorization.
(b) Processing fee. Each request for renewal, transfer or assignment of a
lease or easement shall be accompanied
by a non-refundable processing fee of
$25. The authorized officer may waive
or reduce this fee for requests for permit renewals which can be processed
with a minimal amount of work.
§ 2920.9 Supervision of the land use
authorization.
§ 2920.9–1
Construction phase.
(a) Unless otherwise stated in the
land use authorization, construction
may proceed immediately upon receipt
and acceptance of the land use authorization by the selected applicant.
(b) Where an authorization to use
public lands provides that no construction shall occur until specific permission to begin construction is granted,
no construction shall occur until an
appropriate Notice to Proceed has been
issued by the authorized officer, following the submission and approval of
required plans or documents.
(c) The authorized officer shall inspect and monitor construction as necessary, to assure compliance with approved plans and protection of the resources, the environment and the public health, safety and welfare.
(d) The holder of a land use authorization may be required to designate a
field representative who can accept and
act on guidance and instructions from
the authorized officer.
(e) The holder of a land use authorization may be required to provide
proof of construction to the approved
plan and required standards. Thereafter, operation of the authorized facilities may begin.
§ 2920.9–2
Operation and maintenance.
The authorized officer shall inspect
and monitor the operation and maintenance of the land use authorization
area, its facilities and improvements to
assure compliance with the plan of
management and protection of the resources, the environment and the public health, safety and welfare, and the
holder of the land use authorization
shall take corrective action as required
by the authorized officer.
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§ 2920.8
43 CFR Ch. II (10–1–06 Edition)
jcorcoran on PRODPC62 with CFR
request for renewal, be the preferred
user for a new land use authorization
provided that the public lands are not
needed for another use. Renewal, if
granted, shall be subject to new terms
and conditions. If so specified in the
terms of a permit, the permit may be
automatically renewable upon payment of the annual rental unless the
authorized officer notifies the permittee within 60 days of the expiration
date of the permit that the permit
shall not be renewed.
(j) Land use authorizations may be
transferred in whole or in part but only
under the following conditions:
(1) The transferee shall comply with
the provisions of § 2920.2–3 of this title;
(2) The authorized officer may modify the terms and conditions of the
land use authorization and the transferee shall agree, in writing, to comply
with and be bound by the terms and
conditions of the authorization as
modified; and
(3) Transfers shall not take effect
until approved by the authorized officer.
(k) If public lands included in a lease
or easement are to be disposed of, the
conveyance shall be made subject to
the lease or easement. Permits shall be
revoked prior to disposal of the public
lands.
§ 2920.8 Fees.
(a) Rental. (1) Holders of a land use
authorization shall pay annually or
otherwise as determined by the authorized officer, in advance, a rental as determined by the authorized officer. The
rental shall be based either upon the
fair market value of the rights authorized in the land use authorization or as
determined by competitive bidding. In
no case shall the rental be less than
fair market value.
(2) Rental fees for leases and easements may be adjusted every 5 years or
earlier, as determined by the authorized officer, to reflect current fair market value.
(3) The rental fees required by this
section are payable when due, and a
late charge of 1 percent per month of
the unpaid amount or $15 per month,
whichever is greater, shall be assessed
if subsequent billings are required.
Failure to pay the rental fee in a time-
ly manner is cause for termination of
the land use authorization.
(b) Processing fee. Each request for renewal, transfer or assignment of a
lease or easement shall be accompanied
by a non-refundable processing fee of
$25. The authorized officer may waive
or reduce this fee for requests for permit renewals which can be processed
with a minimal amount of work.
§ 2920.9 Supervision of the land use
authorization.
§ 2920.9–1
Construction phase.
(a) Unless otherwise stated in the
land use authorization, construction
may proceed immediately upon receipt
and acceptance of the land use authorization by the selected applicant.
(b) Where an authorization to use
public lands provides that no construction shall occur until specific permission to begin construction is granted,
no construction shall occur until an
appropriate Notice to Proceed has been
issued by the authorized officer, following the submission and approval of
required plans or documents.
(c) The authorized officer shall inspect and monitor construction as necessary, to assure compliance with approved plans and protection of the resources, the environment and the public health, safety and welfare.
(d) The holder of a land use authorization may be required to designate a
field representative who can accept and
act on guidance and instructions from
the authorized officer.
(e) The holder of a land use authorization may be required to provide
proof of construction to the approved
plan and required standards. Thereafter, operation of the authorized facilities may begin.
§ 2920.9–2
Operation and maintenance.
The authorized officer shall inspect
and monitor the operation and maintenance of the land use authorization
area, its facilities and improvements to
assure compliance with the plan of
management and protection of the resources, the environment and the public health, safety and welfare, and the
holder of the land use authorization
shall take corrective action as required
by the authorized officer.
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Bureau of Land Management, Interior
§ 2920.9–3
§ 2920.9–3 Termination and suspension.
(a) Land use authorizations may be
terminated under the following circumstances:
(1) If a land use authorization provides by its terms that it shall terminate on the occurrence of a fixed or
agreed-upon event, the land use authorization shall thereupon automatically terminate by operation of law
upon the occurrence of such event.
(2) Noncompliance with applicable
law, regulations or terms and conditions of the land use authorization.
(3) Failure of the holder to use the
land use authorization for the purpose
for which it was authorized. Failure to
construct or nonuse for any continuous
2-year period shall constitute a presumption of abandonment and termination.
(4) Mutual agreement that the land
use authorization should be terminated.
(5) Nonpayment of rent for 2 consecutive months, following notice of payment due.
(6) So that the public lands covered
by the permit can be disposed of or
used for any other purpose.
(b)(1) Upon determination that there
is noncompliance with the terms and
conditions of a land use authorization
which adversely affects the public
health, safety or welfare or the environment, the authorized officer shall
issue an immediate temporary suspension.
(2) The authorized officer may give
an immediate temporary susension
order orally or in writing at the site of
the activity to the holder or a contractor or subcontractor of the holder,
or to any representative, agent, employee or contractor of any of them,
and the suspended activity shall cease
at that time. As soon as practicable,
the authorized officer shall confirm the
order by a written notice to the holder
addressed to the holder or the holder’s
designated agent. The authorized officer may also take such action considered necessary to require correction of
such defects prior to an administrative
proceeding.
(3) The authorized officer may order
immediate temporary suspension of an
activity regardless of any action that
has been or is being taken by another
Federal agency or a State agency.
(4) An order of temporary suspension
of activities shall remain effective
until the authorized officer issues an
order permitting resumption of activities.
(5) Any time after an order of suspension has been issued, the holder may
file with the authorized officer a request for permission to resume. The request shall be in writing and shall contain a statement of the facts supporting the request.
(6) The authorized officer may render
an order to either grant or deny the request to resume within 5 working days
of the date the request is filed. If the
authorized officer does not render an
order on the request within 5 working
days, the request shall be considered
denied, the holder shall have the same
right to appeal the denial as if an order
denying the request had been issued.
(c) Process for termination or suspension other than temporary immediate
suspension.
(1) Prior to commencing any proceeding to suspend or terminate a land
use authorization, the authorized officer shall give written notice to the
holder of the legal grounds for such action and shall give the holder a reasonable time to correct any noncompliance.
(2) After due notice of termination or
suspension to the holder of a land use
authorization, if noncompliance still
exists after a reasonable time, the authorized officer shall give written notice to the holder and refer the matter
to the Office of Hearings and Appeals
for a hearing before an Administrative
Law Judge pursuant to 43 CFR 4.420–
4.439. The authorized officer shall suspend or revoke the land use authorization if the Administrative Law Judge
determines that grounds for suspension
or revocation exists and that such action is justified.
(3) The authorized officer shall terminate a suspension order when the authorized officer determines that the
violation causing such suspension has
been rectified.
(d) Upon termination, revocation or
cancellation of a land use authorization, the holder shall remove all structures and improvements except those
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Pt. 2930
43 CFR Ch. II (10–1–06 Edition)
owned by the United States within 60
days of the notice of termination, revocation or cancellation and shall restore the site to its pre-use condition,
unless otherwise agreed upon in writing or in the land use authorization. If
the holder fails to remove all such
structures or improvements within a
reasonable period, they shall become
the property of the United States, but
that shall not relieve the holder of liability for the cost of their removal
and restoration of the site.
PART 2930—PERMITS FOR
RECREATION ON PUBLIC LANDS
Subpart 2931—Permits for Recreation;
General
Sec.
2931.1 What are the purposes of these regulations?
2931.2 What kinds of permits does BLM
issue for recreation-related uses of public
lands?
2931.3 What are the authorities for these
regulations?
2931.8 Appeals.
2931.9 Information collection.
jcorcoran on PRODPC62 with CFR
Subpart 2932—Special Recreation Permits
for Commercial Use, Competitive
Events, Organized Groups, and Recreation Use in Special Areas
2932.5 Definitions.
2932.10 When you need Special Recreation
Permits.
2932.11 When do I need a Special Recreation
Permit?
2932.12 When may BLM waive the requirement to obtain a permit?
2932.13 How will I know if individual use of
a special area requires a Special Recreation Permit?
2932.14 Do I need a Special Recreation Permit to hunt, trap, or fish?
2932.20 Special Recreation Permit applications.
2932.21 Why should I contact BLM before
submitting an application?
2932.22 When do I apply for a Special Recreation Permit?
2932.23 Where do I apply for a Special Recreation Permit?
2932.24 What information must I submit
with my application?
2932.25 What will BLM do when I apply for a
Special Recreation Permit?
2932.26 How will BLM decide whether to
issue a Special Recreation Permit?
2932.30 Fees for Special Recreation Permits.
2932.31 How does BLM establish fees for
Special Recreation Permits?
2932.32 When must I pay the fees?
2932.33 When are fees refundable?
2932.34 When may BLM waive Special
Recreation Permit fees?
2932.40 Permit stipulations and terms.
2932.41 What stipulations must I follow?
2932.42 How long is my Special Recreation
Permit valid?
2932.43 What insurance requirements pertain to Special Recreation Permits?
2932.44 What bonds does BLM require for a
Special Recreation Permit?
2932.50 Administration of Special Recreation Permits.
2932.51 When can I renew my Special Recreation Permit?
2932.52 How do I apply for a renewal?
2932.53 What will be my renewal term?
2932.54 When may I transfer my Special
Recreation Permit to other individuals,
companies, or entities?
2932.55 When must I allow BLM to examine
my permit records?
2932.56 When will BLM amend, suspend, or
cancel my permit?
2932.57 Prohibited acts and penalties.
Subpart 2933—Recreation Use Permits for
Fee Areas
2933.10 Obtaining Recreation Use Permits.
2933.11 When must I obtain a Recreation
Use Permit?
2933.12 Where can I obtain a Recreation Use
Permit?
2933.13 When do I need a reservation to use
a fee site?
2933.14 For what time may BLM issue a
Recreation Use Permit?
2933.20 Fees for Recreation Use Permits.
2933.21 When are fees charged for Recreation Use Permits?
2933.22 How does BLM establish Recreation
Use Permit fees?
2933.23 When must I pay the fees?
2933.24 When can I get a refund of Recreation Use Permit fees?
2933.30 Rules of conduct.
2933.31 What rules must I follow at fee
areas?
2933.32 When will BLM suspend or revoke
my permit?
2933.33 Prohibited acts and penalties.
AUTHORITY: 43 U.S.C. 1740; 16 U.S.C. 460l–6a.
SOURCE: 67 FR 61740, Oct. 1, 2002, unless
otherwise noted.
Subpart 2931—Permits for
Recreation; General
§ 2931.1 What are the purposes
these regulations?
The regulations in this part—
316
VerDate Aug<31>2005
01:11 Oct 27, 2006
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| File Type | application/pdf |
| File Title | Document |
| Subject | Extracted Pages |
| Author | U.S. Government Printing Office |
| File Modified | 2007-12-14 |
| File Created | 2007-12-14 |