CFR > Title 43 - Public Lands: Interior > SUBTITLE B—Regulations Relating to Public Lands > CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR (parts 1000 to 9260) > SUBCHAPTER C—MINERALS MANAGEMENT (3000) (parts 3000 to 3871) > PART 3461—ENVIRONMENT > SUBPART 3465—Surface Management and Protection (§3465.0-1 to §3465.2-3) > 3465.2-2—Discovery of noncompliance.

3465.2-2—Discovery of noncompliance.

(a) Prior to adopting a comprehensive land use plan or land use analysis which assesses Federal lands as unsuitable for coal mining, the Secretary or other surface management agency shall complete the consultation set out in §§ 3420.1-6 and 3420.1-7 of this title.
(b) When consultation or concurrence is required in the application of any criterion or exception in § 3461.1 of this title, the request for advice or concurrence, and the reply thereto, shall be in writing. Unless another period is provided by law, the authorized officer shall specify that the requested advice, concurrence or nonconcurrence be made within 30 days.
(c) When the authorized officer does not receive a response either to a request for concurrence which is required by this subpart but not by law, or to consultation within the specified time, he or she may proceed as though concurrence had been given or consultation had occurred.

Code of Federal Regulations

[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]