43 C.F.R. § 4.1100

Scope and definitions

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(a) Scope. This subpart contains the rules applicable to hearings and appeals concerning surface coal mining. Subpart A contains the authority, jurisdiction, and membership of the Departmental Cases Hearings Division (DCHD) and the Interior Board of Land Appeals (Board) within the Office of Hearings and Appeals (OHA). Subpart B contains the general rules applicable to proceedings before DCHD and the Board as well as other components of OHA. For additional rules specific to proceedings before DCHD and the Board, see subparts C and E respectively.

(b) Definitions. In addition to the definitions in subpart A, the following definitions apply to this subpart:

(1) Act means the Surface Mining Control and Reclamation Act of 1977, 91 Stat. 445 et seq., 30 U.S.C. 1201 et seq.

(2) Administrative law judge or ALJ means an administrative law judge appointed to the Departmental Cases Hearings Division (DCHD) in the Office of Hearings and Appeals.

(3) Board means the Interior Board of Land Appeals in the Office of Hearings and Appeals.

[90 FR 2429, Jan. 10, 2025]

Notes of Decisions

Cited in 3 cases, 1982–1982 · leading case: United States v. Hill, 533 F. Supp. 810 (E.D. Tenn. 1982).

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United States v. Hill, 533 F. Supp. 810 (E.D. Tenn. 1982). “; and 43 C.F.R. §§ 4.1100 et seq. These procedures and appeal rights become applicable whenever a mine operator or permittee is issued a notice of violation or a cessation order under 30 U.”

John Walters Coal Co. v. Watt, 553 F. Supp. 838 (E.D. Ky. 1982). “; and 43 CFR §§ 4.1100 , et seq. These procedures and appeal rights become applicable whenever a mine operator or permittee is issued a notice of violation or a cessation order under 30 U.”

United States v. Log Mountain Mining Co., 550 F. Supp. 811 (E.D. Tenn. 1982). “; and 43 C.F.R. §§ 4.1100 et seq. These procedures and appeal rights become applicable whenever a mine operator or permittee is issued a notice of violation or a cessation order under 30 U.”

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