30 CFR 773.27 - Burden of proof for ownership or control challenges.

§ 773.27 Burden of proof for ownership or control challenges.
This section applies to you if you challenge an ownership or control listing or finding.
(a) When you challenge a listing of ownership or control, or a finding of ownership or control made under § 774.11(g) of this subchapter, you must prove by a preponderance of the evidence that you either—
(1) Do not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or
(2) Did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.
(b) In meeting your burden of proof, you must present reliable, credible, and substantial evidence and any explanatory materials to the regulatory authority. The materials presented in connection with your challenge will become part of the permit file, an investigation file, or another public file. If you request, we will hold as confidential any information you submit under this paragraph which is not required to be made available to the public under § 842.16 of this chapter (when OSM is the regulatory authority) or under § 840.14 of this chapter (when a State is the regulatory authority).
(c) Materials you may submit in response to the requirements of paragraph (b) of this section include, but are not limited to—
(1) Notarized affidavits containing specific facts concerning the duties that you performed for the relevant operation, the beginning and ending dates of your ownership or control of the operation, and the nature and details of any transaction creating or severing your ownership or control of the operation.
(2) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records.
(3) Certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency.
(4) An opinion of counsel, when supported by—
(i) Evidentiary materials;
(ii) A statement by counsel that he or she is qualified to render the opinion; and
(iii) A statement that counsel has personally and diligently investigated the facts of the matter.
[65 FR 79666, Dec. 19, 2000, as amended at 72 FR 68030, Dec. 3, 2007]

Title 30 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 469a - Notice of dam construction to be given Secretary of the Interior by United States agencies

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 469b - Administration; contracts or agreements; services of experts, consultants, or organizations; acceptance of funds

§ 469c - Assistance to Secretary of the Interior by Federal agencies responsible for construction projects; authorization of appropriations

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 469d - Ice Age National Scientific Reserve; statement of purpose

§ 469e - Plan for continental glaciation

§ 469f - Repealed.

§ 469g - Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services

§ 469h - Comprehensive plan for Reserve Development

§ 469i - Repealed.

§ 469j - Commission for the Preservation of America’s Heritage Abroad

§ 469k - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § -

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 469m - Women’s Rights National Historical Park

§ 469n - Preserve America Program

16 U.S. Code § -

§ 470 - Short title; Congressional finding and declaration of policy

16 U.S. Code § 460b, 460c - Repealed.

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

16 U.S. Code § -

§ 470mm - Surveying of lands; reporting of violations

§ 661 - Declaration of purpose; cooperation of agencies; surveys and investigations; donations

§ 662 - Impounding, diverting, or controlling of waters

§ 663 - Impoundment or diversion of waters

§ 664 - Administration; rules and regulations; availability of lands to State agencies

§ 665 - Investigations as to effect of sewage, industrial wastes; reports

§ 665a - Maintenance of adequate water levels in upper Mississippi River

§ 666 - Authorization of appropriations

§ 666a - Penalties

§ 666b - Definitions

§ 666c - Applicability to Tennessee Valley Authority

§ 666d - Skagit National Wildlife Refuge; exchange of lands

§ 666e - Administration of acquired lands

§ 666f - Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer...lands to Secretary of the Interior; administration, development, and disposition

§ 666g - Classification of lands; industrial leases; moneys subject to

§ 667 - Game management supply depots; appropriations

§ 667a - Omitted

§ 667b - Transfer of certain real property for wildlife conservation purposes; reservation of rights

§ 667c - Publication of designating order

§ 667d - Reports to Congress

§ 667e - Repealed.

§ 668a - Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes

§ 668b - Enforcement provisions

§ 668c - Definitions

§ 668d - Availability of appropriations for Migratory Bird Treaty Act

§ 703 - Taking, killing, or possessing migratory birds unlawful

§ 704 - Determination as to when and how migratory birds may be taken, killed, or possessed

§ 705 - Transportation or importation of migratory birds; when unlawful

§ 706 - Arrests; search warrants

§ 707 - Violations and penalties; forfeitures

§ 708 - State or Territorial laws or regulations

§ 709 - Omitted

§ 709a - Authorization of appropriations

§ 710 - Partial invalidity; short title

§ 711 - Breeding and sale for food supply

§ 712 - Treaty and convention implementing regulations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve...maintain stocks of the birds; protection and conservation of the birds

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

U.S. Code: Title 30 - MINERAL LANDS AND MINING