Rejection of application.

§ 3430.5–1 Rejection of application. (a) The authorized officer shall reject the application if: (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for prospecting when the underlying prospecting permit was issued because the lands were claimed, developed or withdrawn from coal leasing.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. (c) The authorized officer may reject any preference right lease application that clearly cannot satisfy the commercial quantities test without preparing additional National Environmental Policy Act documentation and/or a cost estimate document as described in §§ 3430.3–2, 3430.4–3 and 3430.4–4 of this title. The following procedures apply to rejecting these preference right lease applications: (1) When an applicant clearly fails to meet the commercial quantities test as provided in this part, the authorized officer may notify the applicant: (i) That its preference right lease application will be rejected; (ii) Of the reasons for the proposed rejection; (iii) That the applicant has 60 days in which to provide additional information as to why its preference right lease application should not be rejected; and (iv) Of the type, quantity, and quality of additional information needed for reconsideration. (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. [44 FR 42628, July 19, 1979, as amended at 47 FR 33143, July 30, 1982; 52 FR 25800, July 8, 1987]