312 IAC 25-2-1 Severability

Sec. 1. If any provision of this article or any part thereof is disapproved by the Secretary of the United States Department of the Interior under 30 CFR 732.13(a) and 30 U.S.C. 1253(b), as a part of the review of an Indiana program submittal, such provision or part thereof shall be deemed to be conditionally withdrawn. The remainder of the Indiana program will be resubmitted under 30 U.S.C. 1253(c) and 30 CFR 732.13(f). Provided, however, in the event that, upon judicial review, under 30 U.S.C. 526(a)(1), of the Secretary's decision disapproving any such provision or part thereof, the Secretary's decision is overturned by a final judgment of the United States District Court, such provision will be deemed to have been included in the resubmitted program and shall be effective as part of the Indiana program.