30 C.F.R. § 773.26   How to challenge an ownership or control listing or finding.


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 773—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING

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§ 773.26   How to challenge an ownership or control listing or finding.

This section applies to you if you challenge an ownership or control listing or finding.

(a) To challenge an ownership or control listing or finding, you must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials you wish to provide under §773.27(b) of this part, to the regulatory authority, as identified in the following table.

------------------------------------------------------------------------                                          Then you must submit a written   If the challenge concerns a . . .           explanation to . . .------------------------------------------------------------------------(1) Pending Federal permit application   OSM. or Federally issued permit.(2) Pending State permit application or  the State regulatory authority State-issued permit.                     with jurisdiction over the                                          application or permit.------------------------------------------------------------------------

(b) The provisions of this section and of §§773.27 and 773.28 of this part apply only to challenges to ownership or control listings or findings. You may not use these provisions to challenge your liability or responsibility under any other provision of the Act or its implementing regulations.

(c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.

(d) A regulatory authority responsible for deciding a challenge under paragraph (a) of this section may request an investigation by the AVS Office.

[65 FR 796676, Dec. 19, 2000]

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