C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining

43 C.F.R. § 4.1101

Jurisdiction of the Board

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(a) The jurisdiction of the Board includes the authority to exercise the final decision-making power of the Secretary under the act pertaining to—

(1) Applications for review of decisions by OSM regarding determinations concerning permits for surface coal mining operations pursuant to section 514 of the act;

(2) Petitions for review of proposed assessments of civil penalties issued by OSM pursuant to section 518 of the act;

(3) Applications for review of notices of violation and orders of cessation or modifications, vacations, or terminations thereof, issued pursuant to section 521(a)(2) or section 521(a)(3) of the act;

(4) Proceedings for suspension or revocation of permits pursuant to section 521(a)(4) of the act;

(5) Applications for review of alleged discriminatory acts filed pursuant to section 703 of the act;

(6) Applications for temporary relief;

(7) Petitions for award of costs and expenses under section 525(e) of the act;

(8) Preliminary findings concerning a demonstrated pattern of willful violations under section 510(c) of the act;

(9) Suspension or rescission of improvidently-issued permits;

(10) Challenges to ownership or control listings or findings;

(11) Determinations under 30 CFR part 761;

(12) Appeals from orders or decisions of administrative law judges; and

(13) All other appeals and review procedures under the act which are permitted by these regulations.

(b) In performing its functions under paragraph (a) of this section, the Board is authorized to—

(1) Order hearings; and

(2) Issue orders to secure the just and prompt determination of all proceedings.

[43 FR 34386, Aug. 3, 1978, as amended at 67 FR 61509, Oct. 1, 2002; 90 FR 2429, Jan. 10, 2025]
Notes of Decisions
Cited in 6 cases, 1988–2019 · leading case: West Virginia Highlands Conservancy, Inc. Nat'l Wildlife Fed'n v. Gale A. Norton, Sec'y of the Interior, 343 F.3d 239 (4th Cir. 2003).
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West Virginia Highlands Conservancy, Inc. Nat'l Wildlife Fed'n v. Gale A. Norton, Sec'y of the Interior, 343 F.3d 239 (4th Cir. 2003). · cites it 2× “” 43 C.F.R. § 4.1101 (a)(7) (2002). Section 1276(a)(1) of SMCRA allows persons aggrieved by actions of the Secretary to petition for judicial review.”
M.L. Johnson Fam. Prop. v. David Bernhardt, 924 F.3d 842 (6th Cir. 2019). “" 43 C.F.R. § 4.1101 (a). Because only the Appeals Board possesses "final decisionmaking power," Elkhorn's argument goes, only the Appeals Board, and not an ALJ, can issue a final decision subject to judicial review.”
P.B. Dirtmovers, Inc. v. United States, 30 Fed. Cl. 474 (Fed. Cl. 1994). “§ 870 (1993); 43 C.F.R. § 4.1101 (1992). Rather, plaintiff pursued its request for refund by corresponding with OSM.”
Martin v. Hodel, 692 F. Supp. 637 (W.D. Va. 1988). “The result of the 1981 decision was that Martin’s mine fell within the two acre exemption.”
WV Highlands Consrv v. Norton (4th Cir. 2003). · cites it 2× “" 43 C.F.R. § 4.1101 (a)(7) (2002). Section 1276(a)(1) of SMCRA allows persons aggrieved by actions of the Secretary to petition for judicial review.”
West Virginia Highlands Conservancy, Inc. v. Norton, 69 F. App'x 624 (4th Cir. 2003). “” 43 C.F.R. § 4.1101 (a)(7) (2002). The Secretary, of course, cannot be aggrieved by her own action.”
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