Code of Federal Regulations Title 43. Public Lands:  Interior § 43.3430.5–1 Rejection of application

(1) The applicant fails to show that coal exists in commercial quantities on the applied for lands;  or

(2) The applicant does not respond to a request for additional information within the time period specified in § 3430.3–2 or § 3430.4–2 of this title;  or

(3) The applicant otherwise failed to meet statutory or regulatory requirements;  or

(4) The applicant does not permit declassification of proprietary information within the time period specified in § 3430.2–2(b) of this title.

(b)(1) The authorized officer shall reject those portions of an otherwise acceptable application which were not available for prospecting when the underlying prospecting permit was issued because the lands were claimed, developed or withdrawn from coal leasing.

(2) In any action under this subsection, the authorized officer shall reject all lands in each affected smallest legal subdivision or, if practicable, each affected 10 acre aliquot part of the subdivision.

(1) When an applicant clearly fails to meet the commercial quantities test as provided in this part, the authorized officer may notify the applicant:

(2) If, after the expiration of the 60–day period, the authorized officer has no basis on which to change his/her decision, the authorized officer shall reject the preference right lease application.

(3) If the authorized officer reconsiders and changes the decision to reject the preference right lease application, he/she shall continue to adjudicate the preference right lease application in accordance with §§ 3430.3–2, 3430.4–3, and 3430.4–4 of this title.