{"data":{"id":"us/43-cfr-3430.5-2","jurisdiction":"us","citation":"43 CFR 3430.5-2","heading":"-2 Appeals, lack of showing.","body":"(a) If the application is rejected because the existence of commercial quantities of coal has not been shown, the applicant may, in accordance with the procedures in part 4 of this title, file a notice of appeal and a statement of the reasons for the appeal.\n(b) The applicant shall have the right to a hearing before an Administrative Law Judge if the applicant alleges that the facts in the application are sufficient to show entitlement to a lease.\n(c) In such a hearing, the applicant shall bear both the burden of going forward and the burden of proof to show, by a preponderance of evidence, that commercial quantities of coal exist in the proposed lease area.","path":["Title 43—Public Lands: Interior","Subtitle B—Regulations Relating to Public Lands","CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR","SUBCHAPTER C—MINERALS MANAGEMENT (3000)","PART 3430—NONCOMPETITIVE LEASES","Subpart 3430—Preference Right Leases"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"055a5fe5fe9480bfed7939fdeac60cb89c7e3ac691a4bd903180decd51fd0d30","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-3430.5-1","next":"us/43-cfr-3430.5-3"},"notice":"GroundRules: Original legal text. Not legal advice."}