---
kind: "section"
citation: "43 C.F.R. § 2804.26"
title: "43"
number: "2804.26"
heading: "Under what circumstances may the BLM deny my application?"
url: "https://uscodex.org/cfr/43/2804.26"
---

# §2804.26. Under what circumstances may the BLM deny my application?

- (a) BLM may deny your application if:
  - (1) The proposed use is inconsistent with the purpose for which BLM manages the public lands described in your application;
  - (2) The proposed use would not be in the public interest;
  - (3) You are not qualified to hold a grant;
  - (4) Issuing the grant would be inconsistent with FLPMA, other laws, or these or other regulations;
  - (5) You do not have or cannot demonstrate the technical or financial capability to construct the project or operate facilities within the right-of-way.
    - (i) Applicants must have or be able to demonstrate technical and financial capability to construct, operate, maintain, and terminate a project throughout the application process and authorization period. You can demonstrate your financial and technical capability to construct, operate, maintain, and terminate a project by:
      - (A) Documenting any previous successful experience in construction, operation, and maintenance of similar facilities on either public or non-public lands;
      - (B) Providing information on the availability of sufficient capitalization to carry out development, including the preliminary study stage of the project and the environmental review and clearance process; or
      - (C) Providing written copies of conditional commitments of Federal and other loan guarantees; confirmed power purchase agreements; engineering, procurement, and construction contracts; and supply contracts with credible third-party vendors for the manufacture or supply of key components for the project facilities.
    - (ii) Failure to demonstrate and sustain technical and financial capability is grounds for denying an application or terminating an authorization;
  - (6) The PODs required by §§ [2804.25(e)(3)](/cfr/43/2804.25.md?p=e-3) and [2804.12(a)(8)](/cfr/43/2804.12.md?p=a-8) and [(c)(1)](/cfr/43/2804.12.md?p=c-1) do not meet the development schedule or other requirements in the POD template and the applicant is unable to demonstrate why the POD should be approved;
  - (7) Failure to commence necessary surveys and studies, or plans for permit processing as required by [§ 2804.25(c)](/cfr/43/2804.25.md?p=c); or
  - (8) The BLM's evaluation of your solar or wind application made under [§ 2804.25(e)(2)(iii)](/cfr/43/2804.25.md?p=e-2-iii) provides a basis for a denial.
  - (9) You do not comply with a deficiency notice (see [§ 2804.25(c)](/cfr/43/2804.25.md?p=c) of this subpart) within the time specified in the notice.
  - (10) You fail to pay costs for processing your application within 90 days of receiving the BLM's request for funds under [§ 2804.22(b)](/cfr/43/2804.22.md?p=b).
- (b) If BLM denies your application, you may appeal this decision under [§ 2801.10](/cfr/43/2801.10.md) of this part.

## Notes

### Amendments

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016; 89 FR 25962, Apr. 12, 2024; 89 FR 35679, May 1, 2024]

### Authority

Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.

### Source

Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

### Amendments

[70 FR 21058, Apr. 22, 2005, as amended at 81 FR 92211, Dec. 19, 2016; 89 FR 25962, Apr. 12, 2024; 89 FR 35679, May 1, 2024]