Leases may be terminated by the Secretary for any violation of the regulations or lease terms after thirty days notice provided that such violation is not corrected within the notice period, or in the event the violation is such that it cannot be corrected within the notice period then provided that lessee has not commenced in good faith within said notice period to correct such violation and thereafter to proceed diligently to correct such violation. Lessee shall be entitled to a hearing on the matter of such claimed violation or proposed termination of lease if request for a hearing is made to the Secretary within the thirty-day period after notice. The period for correction of violation or commencement to correct such violation of regulations or of lease terms, as aforesaid, shall be extended to thirty days after the Secretary’s decision after such hearing if the Secretary shall find that a violation exists.
Notes of Decisions
The Sierra Club v. Stanley K. Hathaway, 579 F.2d 1162 (9th Cir. 1978).
“30 U.S.C. § 1011 . In addition, the district court is receiving monthly reports on all exploration activities that are being undertaken in the Alvord KGRA to insure that the agencies are conscientiously administering the program in accordance with their regulations.”
Wagner v. Chevron Oil Co., 321 F. Supp. 2d 1195 (D. Nev. 2004).
“§ 1010 , (10) the termination of federal leases, 30 U.S.C. § 1011 , (11) the waiver, suspension or reduction of rental or royalty for a federal lessee, 30 U.”
Mann v. United States, 53 Fed. Cl. 562 (Fed. Cl. 2002).
“” 30 U.S.C. § 1011 . Since plaintiff did not request such a hearing on the merits of the decision within thirty days of his constructive receipts of the Lease Determination, defendant did not violate his right to a hearing.”
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