43 CFR Part 3150 Subpart 3151

§ 3150.2

43 CFR Ch. II (10–1–08 Edition)

safety or the environment. Further,
where other applicable law contains
specific provisions for suspension, revocation, or cancellation of a permit or
other authorization to use, occupy, or
develop the public lands, the specific
provisions of such law shall prevail.
§ 3150.2

Appeals.

ebenthall on PROD1PC60 with CFR

(a) A party adversely affected by a
decision or approval of the authorized
officer may appeal that decision to the
Interior Board of Land Appeals as set
forth in part 4 of this title.
(b) All decisions and approvals of the
authorized officer under this part shall
remain effective pending appeal unless
the Interior Board of Land Appeals determines otherwise upon consideration
of the standards stated in this paragraph. The provisions of 43 CFR 4.21(a)
shall not apply to any decision or approval of the authorized officer under
this part. A petition for a stay of a decision or approval of the authorized officer shall be filed with the Interior
Board of Land Appeals, Office of Hearings and Appeals, Department of the
Interior, and shall show sufficient justification based on the following standards:
(1) The relative harm to the parties if
the stay is granted or denied,
(2) The likelihood of the appellant’s
success on the merits,
(3) The likelihood of irreparable
harm to the appellant or resources if
the stay is not granted, and
(4) Whether the public interest favors
granting the stay.
Nothing in this paragraph shall diminish the discretionary authority of the
authorized officer to stay the effectiveness of a decision subject to appeal pursuant to paragraph (a) of this section
upon a request by an adversely affected
party or on the authorized officer’s
own initiative. If the authorized officer
denies such a request, the requester
can petition for a stay of the denial decision by filing a petition with the Interior Board of Land Appeals that addresses the standards described above
in this paragraph.
[57 FR 9012, Mar. 13, 1992, as amended at 57
FR 44336, Sept. 25, 1992]

Subpart 3151—Exploration Outside
of Alaska
§ 3151.1 Notice of intent to conduct oil
and gas geophysical exploration operations.
Parties wishing to conduct oil and
gas geophysical exploration outside of
the State of Alaska shall file a Notice
of Intent to Conduct Oil and Gas Exploration Operations, referred to herein as
a notice of intent. The notice of intent
shall be filed with the District Manager
of the proper BLM office on the form
approved by the Director. Within 5
working days of the filing date, the authorized officer shall process the notice
of intent and notify the operator of
practices and procedures to be followed. If the notice of intent cannot be
processed within 5 working days of the
filing date, the authorized officer shall
promptly notify the operator as to
when processing will be completed, giving the reason for the delay. The operator shall, within 5 working days of the
filing date, or such other time as may
be convenient for the operator, participate in a field inspection if requested
by the authorized officer. Signing of
the notice of intent by the operator
shall signify agreement to comply with
the terms and conditions contained
therein and in this part, and with all
practices and procedures specified at
any time by the authorized officer.
§ 3151.2 Notice of completion of operations.
Upon completion of exploration,
there shall be filed with the District
Manager a Notice of Completion of Oil
and Gas Exploration Operations. Within 30 days after this filing, the authorized officer shall notify the party
whether rehabilitation of the lands is
satisfactory or whether additional rehabilitation is necessary, specifying
the nature and extent of actions to be
taken by the operator.

Subpart 3152—Exploration in
Alaska
§ 3152.1 Application for oil and gas
geophysical exploration permit.
Parties wishing to conduct oil and
gas geophysical exploration operations

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