[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR23.11]

[Page 444]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 23--SURFACE EXPLORATION, MINING AND RECLAMATION OF LANDS--Table of Contents
 
Sec. 23.11  Notice of noncompliance: Revocation.

    (a) The provisions of this section confer authority and impose 
duties upon mining supervisors with respect to permits or leases issued 
under the mineral leasing acts. The Mining supervisor shall consult with 
the district manager before taking any action under this section.
    (b) The mining supervisor or district manager shall have the right 
to enter upon the lands under a permit, lease, or contract, at any 
reasonable time, for the purpose of inspection or investigation to 
determine whether the terms and conditions of the permit, lease, or 
contract, and the requirements of the exploration or mining plan have 
been complied with.
    (c) If the mining supervisor or the district manager determines that 
an operator has failed to comply with the terms and conditions of a 
permit, lease, or contract, or with the requirements of an exploration 
or mining plan, or with the provisions of applicable regulations under 
this part the supervisor or manager shall serve a notice of 
noncompliance upon the operator by delivery in person to him or his 
agent or by certified or registered mail addressed to the operator at 
his last known address.
    (d) A notice of noncompliance shall specify in what respects the 
operator has failed to comply with the terms and conditions of a permit, 
lease, or contract, or the requirements of an exploration or mining 
plan, or the provisions of applicable regulations, and shall specify the 
action which must be taken to correct the noncompliance and the time 
limits within which such action must be taken.
    (e) Failure of the operator to take action in accordance with the 
notice of noncompliance shall be grounds for suspension by the mining 
supervisor or the district manager of operations or for the initiation 
of action for the cancellation of the permit, lease, or contract and for 
forfeiture of the performance bond required under Sec. 23.9.

[34 FR 852, Jan. 18, 1969, as amended at 48 FR 27016, June 10, 1983]