43 C.F.R. § 3483.2
Termination or cancellation for failure to meet diligent development and maintain continued operation
(a) Any Federal coal lease or LMU which has not achieved diligent development shall be terminated by DOI.
(b) After an LMU has been terminated under the provision of paragraph (a) of this section, any Federal coal lease included in that LMU shall then be subject to the diligent development and continued operation requirements that would have been imposed on that Federal lease by the rules of this part, as if the Federal lease had not been included in the LMU.
(c) Any Federal coal lease on which continued operation is not maintained shall be subject to cancellation.
(d) The DOI may cancel any Federal coal lease or LMU which fails to meet the requirement for submission of a resource recovery and protection plan.
Notes of Decisions
Cited in 1
case, 1988–1988 · leading case: Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988).
Nat'l Wildlife Fed'n v. Donald P. Hodel, Sec'y of the Interior, 839 F.2d 694 (D.C. Cir. 1988). “There is no legal requirement that lessees mine the land; the only consequence of not mining within the ten-year due diligence period is termination of the lease, 43 C.F.R. § 3483.2 (a). Thus, the decision whether to mine in each case will be made by the leaseholder primarily in…”
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