---
kind: "section"
citation: "43 C.F.R. § 2884.23"
title: "43"
number: "2884.23"
heading: "Under what circumstances may BLM deny my application?"
url: "https://uscodex.org/cfr/43/2884.23"
---

# §2884.23. Under what circumstances may BLM deny my application?

- (a) BLM may deny your application if:
  - (1) The proposed use is inconsistent with the purpose for which BLM or other Federal agencies manage the 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 or TUP;
  - (4) Issuing the grant or TUP would be inconsistent with the Act, other laws, or these or other regulations;
  - (5) You do not have or cannot demonstrate the technical or financial capability to construct the pipeline or operate facilities within the right-of-way or TUP area; or
  - (6) You do not comply with a deficiency notice (see [§ 2804.25(c)](/cfr/43/2804.25.md?p=c)) or with any requests from the BLM for additional information needed to process the application.
- (b) If you are unable to meet any of the requirements in this section you may request an alternative from the BLM (see [§ 2884.30](/cfr/43/2884.30.md)).
- (c) If BLM denies your application, you may appeal the decision under [§ 2881.10](/cfr/43/2881.10.md) of this part.

## Notes

### Amendments

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016; 89 FR 25975, Apr. 12, 2024]

### Authority

Authority: 30 U.S.C. 185 and 189, and 43 U.S.C. 1732(b), 1733, and 1740.

### Source

Source: 70 FR 21078, Apr. 22, 2005, unless otherwise noted.

### Amendments

[70 FR 21078, Apr. 22, 2005, as amended at 81 FR 92227, Dec. 19, 2016; 89 FR 25975, Apr. 12, 2024]