43 C.F.R. § 4.1360

Scope

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These rules set forth the exclusive procedures for administrative review of decisions by OSMRE concerning—

(a) Applications for new permits, including applications under 30 CFR part 785, and the terms and conditions imposed or not imposed in permits by those decisions. They do not apply to decisions on applications to mine on Federal lands in states where the terms of a cooperative agreement provide for the applicability of alternative administrative procedures (see 30 CFR 775.11(c)), but they do apply to OSMRE decisions on applications for Federal lands in states with cooperative agreements where OSMRE as well as the state issue Federal lands permits;

(b) Applications for permit revisions, permit renewals, and the transfer, assignment, or sale of rights granted under permit;

(d) Applications for coal exploration permits; and

(e) Ineligibility for a permit under section 510(c) of the Act and 30 CFR 773.12.

[56 FR 2143, Jan. 22, 1991; 56 FR 5061, Feb. 7, 1991, as amended at 67 FR 61511, Oct. 1, 2002]

Notes of Decisions

Cited in 1 case, 1993–1993 · leading case: Fincastle Mining, Inc. v. Babbit, 842 F. Supp. 204 (W.D. Va. 1993).

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Fincastle Mining, Inc. v. Babbit, 842 F. Supp. 204 (W.D. Va. 1993). “When OSM is the regulatory authority, a decision denying an application for a surface coal mining permit may be appealed to the department’s Office of Hearings and Appeals, hearing division pursuant to 43 C.F.R. §§ 4.1360 ^4.1388. An adverse decision of the hearings division may…”

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