43 CFR §4.1394
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)If the person who requested the determination is seeking review, OSM shall have the burden of going forward to establish a prima facie case and the person who requested the determination shall have the ultimate burden of persuasion.
- (b)If any other person is seeking review, that person shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion that the person who requested the determination does or does not have valid existing rights.