(a) Offers filed for lands available for noncompetitive offer or lease, as specified in §§3110.1(a)(1) and 3110.1(b) of this title, shall receive priority as of the date and time of filing as specified in §1821.2-3(a) of this title, except that all noncompetitive offers shall be considered simultaneously filed if received in the proper BLM office any time during the first business day following the last day of the competitive oral or internet-based auction, or when formal nominations have been requested as specified in §3120.3-1 of this title, on the first business day following the posting of the Notice of Competitive Lease Sale. An offer shall not be available for public inspection the day it is filed.

(b) If more than 1 application was filed for the same parcel in accordance with the regulations contained in former subpart 3112 of this title, and if no lease has been issued by the authorized officer prior to the effective date of these regulations, only a single priority application shall be selected from the filings. If the selected application fails to mature into a lease, the lands shall be available for offer under §3110.1(a) of this title.

[53 FR 22840, June 17, 1988, as amended at 81 FR 59905, Aug. 31, 2016]