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• -BLM Manua12801.42 F further defines a change in ownership of holders as "If the company or corporation holding the ROW is sold and is dissolved or can no longer be identified within the new corporate organization, the new owners should be required to file an assi,~mnent to establish and document corporate qualifications and any name change." ROW Termination -CFR 2803.4 (b) "The authorized officer may suspend or terminate a ROW grant or temporary use permit if he determines that the holder has failed to comply with applicable laws or regulations, or any terms, conditions or stipulations of the ROW grant or temporary use permit or has abandoned the ROW." -CFR 2803.4 (c) defines abandonment as "Failure of the holder of a ROW grant to use the ROW for the purpose for which it was issued for any continuous five- yearperiod." Lease Termination -CFR 2920.8 (a) (3) "Failure to pay the rental fee in a timely manner is cause for termination of the land use authorization" -CFR 2920.9-3 (a) (3) "Failure to construct or nonuse for any continuous 2-yeas period shall constitute a presumption of abandonment and termination." Documents obtained from the Secretary of State Colorado website show that Grand Valley Coal Company changed its name to Plateau Development Corporation on October 26, 1999. This name change was not reported to BLM. The website also shows that Plateau Development Corporation was dissolved in 2001. Because BLM ROWS were not issued to Plateau Development Corporation and in accordance with the BLM manual reference above, a direct assignment is allowable from Grand Valley Coal Company to Central Appalachia Mining LLC. Along with the request letter, BLM received an application form 299, certificate of good standing with the State of Colorado, company operation documents, and a list of authorized officers from Central Appalachia Mining LLC. They have paid past due rent and assignment fees for COC36761 and COC30962. Grand Valley Coal Company failed to comply with the terms and conditions as shown under ROW and Lease Termination regulations above. Facilities authorized for COC36790 and COC36791 were never constructed resulting in abandonment. Rental is past due for both authorizations. Central Appalachian Mining LLC has clearly stated they are not interested in the assimuent of COC36790 and COC36791 to them. Company documents aze in order and fees have been paid, allowing BLM to assign ROWS COC 36761 and COC36762 from Grand Valley Coal Company to Central Appalachian Mining LLC. The assignment is approved as of the date of this decision. Copies of the original ROW grants including the terms, conditions, and stipulations aze enclosed with this decision. Use authorizations COC36790 and COC36791 aze hereby terminated and the cases will be closed effective the date of this decision. Any future requests for use authorizations at the same location as that described in the terminated cases will be processed as a new- application.