§ 4909. Petition and review

316 words·~1 min read·/usc/title-7/section-4909

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any person subject to a plan may file a written petition with the Secretary, stating that the plan or any provision of the plan, or any obligation imposed in connection therewith, is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The person shall be given an opportunity for a hearing on the petition, in accordance with regulations prescribed by the Secretary. After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with the law.

(b)The district courts of the United States in any district in which the person is an inhabitant, or in which the person’s principal place of business is located, are hereby vested with jurisdiction to review such ruling, provided that a complaint for that purpose is filed within twenty days from the date of the entry of the ruling. Service of process in such proceedings may be had on the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that the ruling is not in accordance with law, it shall remand the proceedings to the Secretary with directions either to

(1)make such ruling as the court shall determine to be in accordance with law, or

(2)take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted under subsection

(a)shall not impede or delay the United States or the Secretary from obtaining relief under section 4910(a) 1 of this title.

(Pub. L. 99–198, title XVI, § 1650, Dec. 23, 1985, 99 Stat. 1627.)

Connections8 cite this · traces to 1

Cited by 8 sections

statutes-at-large

Public Law 99–197
To designate certain national forest system lands in the State of Kentucky for inclusion in the National Wilderness Preservation System, to release other forest lands for multiple use management, and for other purposes

Traces to 1 document

U.S. Code

Enforcement
§ 4910

4 references not yet in our index

1
Pub. L. 99–198, title XVI, § 1650
99 Stat. 1627
Pub. L. 99–198

Citation graph

cites case law

§ 4909

Petition and review

Fed. Reg.×7

Stat.×1

U.S.C.§ 4910

Cite1

Pub. L.Pub. L. 99–198, title XVI, § 1650

Stat.99 Stat. 1627

Pub. L.Pub. L. 99–198

Cites 5Cited by 8 across 2 sources