30 CFR 290.7 - Do I have to comply with the decision or order while my appeal is pending?

Regulations last checked for updates: Nov 22, 2024

Title 30 - Mineral Resources last revised: Nov 19, 2024

View all text of Subpart A [§ 290.1 - § 290.8]

§ 290.7 - Do I have to comply with the decision or order while my appeal is pending?

(a) The decision or order is effective during the 60-day period for filing an appeal under § 290.3 unless:

(1) BSEE notifies you that the decision or order, or some portion of it, is suspended during this period because there is no likelihood of immediate and irreparable harm to human life, the environment, any mineral deposit, or property; or

(2) You post a surety bond under 30 CFR 250.1409 pending the appeal challenging an order to pay a civil penalty.

(b) This section applies rather than 43 CFR 4.21(a) for appeals of BSEE orders.

(c) After you file your appeal, IBLA may grant a stay of a decision or order under 43 CFR 4.21(b); however, a decision or order remains in effect until IBLA grants your request for a stay of the decision or order under appeal.

authority: 5 U.S.C. 305; 43 U.S.C. 1334.

source: 76 FR 64462, Oct. 18, 2011, unless otherwise noted.

cite as: 30 CFR 290.7