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30 U.S.C. § 1416Denial of certification of applications and of issuance, transfer, suspension, and revocation of licenses and permits; suspension and modification of activities

submitted 46 years ago by Pub. L. 96-283 to r/title-30-MINERAL-LANDS-AND-MINING · 921 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administrator may deny, suspend, modify, or revoke licenses and permits when statutory or regulatory requirements are not met or when specified international or safety and environmental reasons exist. The section provides notice, correction time, hearings, emergency orders, and judicial review.

(a) (1) The Administrator may deny certification, issuance, or transfer of an exploration license or commercial-recovery permit if the applicant or proposed activity fails to meet section 1413(c), section 1415(a), another provision of this chapter, or a regulation under it. (2) (A) In addition to or instead of a civil penalty under section 1462(a), or in addition to a fine under section 1463, the Administrator may suspend or revoke a license or permit, or suspend or modify particular activities, if the licensee or permittee substantially fails to comply with this chapter, its regulations, or a license or permit term, condition, or restriction. A revocation may be with or without prejudice to the issuance of later licenses or permits. A suspension may last for the period the Administrator considers appropriate. (B) The Administrator may suspend or modify particular activities if the President decides this is needed to avoid a conflict with a United States treaty or convention obligation in force, or a situation reasonably expected to lead to an armed breach of international peace and security. (3) The Administrator may not take these actions unless the Administrator publishes notice in the Federal Register and gives the applicant, licensee, or permittee written notice of the intended action and its reason. If a correctable deficiency is the reason, the Administrator must allow a reasonable correction period, no longer than 180 days after notice unless a longer period is established for good cause. (4) The Administrator must take the proposed action on the 30th day after notice unless the affected person requests review before then, or on the last day of the correction period if the deficiency remains uncorrected. (b) A person who timely requests review is entitled to an on-the-record adjudication after an opportunity for an agency hearing about the denial, suspension, revocation, or modification. (c) A proposed-suspension or proposed-revocation notice does not stop exploration or commercial recovery. These notice, correction, and continuation rules do not apply when the President orders immediate action by Executive order for the reasons in subsection (a)(2)(B), or when the Administrator finds immediate action necessary to prevent significant environmental harm or protect life and property at sea and issues an emergency order. (d) After any required administrative review, every listed Administrator decision, including immediate action under subsection (c), is subject to judicial review under title 5, chapter 7.
the actual law source: uscode.house.gov ↗public domain
(a) Denial, suspension, modification, and revocation
(1)

The Administrator may deny certification of an application for the issuance or transfer of, and may deny the issuance or transfer of, a license for exploration or permit for commercial recovery if the Administrator finds that the applicant, or the activities proposed to be undertaken by the applicant, do not meet the requirements set forth in section 1413(c) of this title, section 1415(a) of this title, or in any other provision of this chapter, or any regulation issued under this chapter, for the issuance or transfer of a license or permit.

(2)

The Administrator may—

(A)

in addition to, or in lieu of, the imposition of any civil penalty under section 1462(a) of this title, or in addition to the imposition of any fine under section 1463 of this title, suspend or revoke any license or permit issued under this chapter, or suspend or modify any particular activities under such a license or permit, if the licensee or permittee, as the case may be, substantially fails to comply with any provision of this chapter, any regulation issued under this chapter, or any term, condition, or restriction of the license or permit; and

(B)

suspend or modify particular activities under any license or permit, if the President determines that such suspension or modification is necessary (i) to avoid any conflict with any international obligation of the United States established by any treaty or convention in force with respect to the United States, or (ii) to avoid any situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict.

(3)

No action may be taken by the Administrator to deny issuance or transfer of or to revoke any license or permit or, except as provided in subsection (c), to suspend any license or permit or suspend or modify particular activities under a license or permit, unless the Administrator—

(A)

publishes in the Federal Register and gives the applicant, licensee, or permittee, as the case may be, written notice of the intention of the Administrator to deny the issuance or transfer of or to suspend, modify, or revoke the license or permit and the reason therefor; and

(B)

if the reason for the proposed denial, suspension, modification, or revocation is a deficiency which the applicant, licensee, or permittee can correct, affords the applicant, licensee, or permittee a reasonable time, but not more than 180 days from the date of the notice or such longer period as the Administrator may establish for good cause shown, to correct such deficiency.

(4)

The Administrator shall deny issuance or transfer of, or suspend or revoke, any license or permit or order the suspension or modification of particular activities under a license or permit—

(A)

on the thirtieth day after the date of the notice given to the applicant, licensee, or permittee under paragraph (3)(A) unless before such day the applicant, licensee, or permittee requests a review of the proposed denial, suspension, modification, or revocation; or

(B)

on the last day of the period established under paragraph (3)(B) in which the applicant, licensee, or permittee must correct a deficiency, if such correction has not been made before such day.

(b) Administrative review of proposed denial, suspension, modification, or revocation

Any applicant, licensee, or permittee, as the case may be, who makes a timely request under subsection (a) for review of a denial of issuance or transfer, or a suspension or revocation, of a license for exploration or permit for commercial recovery, or a suspension or modification of particular activities under such a license or permit, is entitled to an adjudication on the record after an opportunity for an agency hearing with respect to such denial or suspension, revocation, or modification.

(c) Effect on activities; emergency orders

The issuance of any notice of proposed suspension or revocation of a license for exploration or permit for commercial recovery or proposed suspension or modification of particular activities under such a license or permit shall not affect the continuation of exploration or commercial recovery activities by the licensee or permittee. The provisions of paragraphs (3) and (4) of subsection (a) and the first sentence of this subsection shall not apply when the President determines by Executive order that an immediate suspension of a license for exploration or permit for commercial recovery, or immediate suspension or modification of particular activities under such a license or permit, is necessary for the reasons set forth in subsection (a)(2)(B), or the Administrator determines that an immediate suspension of such a license or permit, or immediate suspension or modification of particular activities under such a license or permit, is necessary to prevent a significant adverse effect on the environment or to preserve the safety of life and property at sea, and the Administrator issues an emergency order requiring such immediate suspension.

(d) Judicial review

Any determination of the Administrator, after any appropriate administrative review under subsection (b), to certify or deny certification of an application for the issuance or transfer of, or to issue, deny issuance of, transfer, deny the transfer of, modify, renew, suspend, or revoke any license for exploration or permit for commercial recovery, or suspend or modify particular activities under such a license or permit, or any immediate suspension of such a license or permit, or immediate suspension or modification of particular activities under such a license or permit, pursuant to subsection (c), is subject to judicial review as provided in chapter 7 of title 5.

Source credit: (Pub. L. 96–283, title I, § 106, June 28, 1980, 94 Stat. 565.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-283 · 94 Stat. 565

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-283 on 1980-06-28.

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