43 CFR 4.1351
§ 4.1351 Preliminary finding by OSM.
United States · 43 CFR — Public Lands: Interior · Status: effective
Cite this
- Citation
- 43 CFR 4.1351, § 4.1351 Preliminary finding by OSM, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209154
- Permanent ID
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Full text
(a) If OSM determines that an applicant or operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations and the violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit, OSM must serve a preliminary finding of permanent permit ineligibility on the applicant or operator.
(b) OSM must serve the preliminary finding by certified mail, or by overnight delivery service if the applicant or operator has agreed to bear the expense for this service. The preliminary finding must specifically state the violations upon which it is based.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.