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Notes

43 C.F.R. §§ 3481.4-1–3481.4-4

4 sections in range

§3481.4-1. Can I temporarily interrupt coal severance and still be qualified as producing?

43 C.F.R. § 3481.4-1

Yes, a temporary interruption in coal severance allows you (the lessee/operator) to halt the extraction of coal for a limited period of time without jeopardizing your qualifications under section (2)(a)(2)(A) of MLA to receive additional leases. During the period of a temporary interruption in coal severance, BLM still considers you lease or LMU to be producing so as not to preclude you from receiving a new or transferred lease.
Notes, amendments, and revision history

Amendments

[62 FR 44370, Aug. 20, 1997]

Authority

Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740.

Source

Source: 47 FR 33179, July 30, 1982, unless otherwise noted. Redesignated at 48 FR 41589, Sept. 16, 1983.

Amendments

[62 FR 44370, Aug. 20, 1997]

§3481.4-2. What are some examples of circumstances that qualify for a temporary interruption of coal severance?

43 C.F.R. § 3481.4-2

(a)
Movement, failure, or repair of major equipment, such as draglines or longwalls; overburden removal; adverse weather; employee absences;
(b)
Inability to sever coal due to orders issued by governmental authorities for cessation or relocation of the coal severance operations; and
(c)
Inability to sell or distribute coal severed from the lease or LMU out of or away from the lease or LMU.
Notes, amendments, and revision history

Amendments

[62 FR 44370, Aug. 20, 1997]

Authority

Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740.

Source

Source: 47 FR 33179, July 30, 1982, unless otherwise noted. Redesignated at 48 FR 41589, Sept. 16, 1983.

Amendments

[62 FR 44370, Aug. 20, 1997]

§3481.4-3. Does a temporary interruption in coal severance affect the diligence requirements applicable to my lease or LMU?

43 C.F.R. § 3481.4-3

No, a temporary interruption in coal severance covered by §§ 3481.4-1 to 3481.4-4 does not change the diligence requirements of subpart 3483 applicable to your lease or LMU.
Notes, amendments, and revision history

Amendments

[62 FR 44370, Aug. 20, 1997]

Authority

Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740.

Source

Source: 47 FR 33179, July 30, 1982, unless otherwise noted. Redesignated at 48 FR 41589, Sept. 16, 1983.

Amendments

[62 FR 44370, Aug. 20, 1997]

§3481.4-4. What is the aggregate amount of time I can temporarily interrupt coal severance and have BLM consider my lease or LMU producing?

43 C.F.R. § 3481.4-4

(a)
If you (the lessee/operator) want BLM to consider your lease or LMU to be producing, the aggregate of all temporary interruptions in coal severance from your lease or LMU must not exceed 1 year in the 5-consecutive-year period immediately preceding the date of BLM's determination of lessee qualifications under § 3472.1-2 of this chapter.
(b)
BLM will not count toward the aggregate interruption limit described in paragraph (a) of this section:
(1)
Any interruption in coal severance that is 14 days or less in duration;
(2)
Any suspension granted under § 3483.3 of this part; and
(3)
Any BLM-approved suspension of the requirements of § 3472.1-2(e)(1) of this part for reasons of strikes, the elements, or casualties not attributable to the operator/lessee before diligent development is achieved.
Notes, amendments, and revision history

Amendments

[62 FR 44370, Aug. 20, 1997]

Authority

Authority: 30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740.

Source

Source: 47 FR 33179, July 30, 1982, unless otherwise noted. Redesignated at 48 FR 41589, Sept. 16, 1983.

Amendments

[62 FR 44370, Aug. 20, 1997]