43 C.F.R. § 4.1381

Who may file; when to file; where to file

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(a) Any person who receives a written decision issued by OSM under 30 CFR 773.28 on a challenge to an ownership or control listing or finding may file a request for review with DCHD within 30 days of service of the decision.

(b) Failure to file a request for review within 30 days of service of the decision constitutes a waiver of review of the decision. An untimely request for review shall be dismissed.

(c) Where appropriate under the Administrative Dispute Resolution Act, 5 U.S.C. §§ 571-583, DCHD may use a dispute resolution proceeding, if the parties agree to such proceeding, before the procedures set forth in §§ 4.1383 through 4.1387.

[59 FR 54363, Oct. 28, 1994, as amended at 67 FR 4368, Jan. 30, 2002; 88 FR 5796, Jan. 30, 2023]

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Arch Mineral Corp. v. Babbitt, 894 F. Supp. 974 (S.D.W. Va 1995).

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Arch Mineral Corp. v. Babbitt, 894 F. Supp. 974 (S.D.W. Va 1995). “” 43 C.F.R. § 4.1381 (emphasis added); see also 30 C.”

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