(a) No later than 40 days after newspaper publication, the Administrator shall notify the applicant, any appropriate government agencies and other commenters, in writing of his intention to approve the application, or if he has denied it. If the application is denied, the notice shall include a statement of the reasons for denial. A copy of the notice shall also be posted at the district office covering the area for the proposed exploration.
(b) Any person having an interest which is or may be adversely affected by the decision of the Administrator shall have the right to file written objections to the application within 30 days after the notification. Such persons shall have the opportunity for administrative and judicial review as outlined in W.S. § 35-11-406(k). The final decision, to issue or deny the license, shall be done in accordance with W.S. § 35-11-406(p). If there are no objections, the Administrator shall promptly approve and issue the license in accordance with (c) immediately below.
(c) The Administrator shall approve a complete application and issue the license only if he finds in writing that the exploration and reclamation: - (i) Will be conducted in accordance with Section 4 of this Chapter;
- (ii) Will not jeopardize the continued existence of an endangered or threatened species list pursuant to Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) or result in the destruction or adverse modification of critical habitat of those species; and
- (iii) Will not adversely affect any cultural or historical resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, as amended, unless the proposed exploration has been approved by the Administrator and the agency with jurisdiction over such matters.
- (iv) With respect to exploration activities on any lands protected under Chapter 12, Section 1(a)(v) of the Division's Coal Rules and Regulations, minimize interference, to the extent technologically or economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the Administrator shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of Chapter 12, Section 1(a)(v), and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of Chapter 12, Section 1(a)(v), to comment on whether the finding is appropriate.
020-10 Wyo. Code R. § 10-3