[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.39]

[Page 162]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9--MINERALS MANAGEMENT--Table of Contents
 
                Subpart B--Non-Federal Oil and Gas Rights
 
Sec. 9.39  Reclamation requirements.

    (a) Within the time specified by the reclamation provisions of the 
plan of operations, which shall be as soon as possible after completion 
of approved operations and shall not be later than six (6) months 
thereafter unless a longer period of time is authorized in writing by 
the Regional Director, each operator shall initiate reclamation as 
follows:
    (1) Where the Federal government does not own the surface estate, 
the operator shall at a minimum:
    (i) Remove or neutralize any contaminating substances; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance or would not adversely affect, injure, or 
damage federally-owned lands or waters, including removal of above 
ground structures and equipment used for operations, except that such 
structures and equipment may remain where they are to be used for 
continuing operations which are the subject of another approved plan of 
operations or of a plan which has been submitted for approval.
    (2) On any site where the surface estate is owned or controlled by 
the Federal government, each operator must take steps to restore natural 
conditions and processes. These steps shall include but are not limited 
to:
    (i) Removing all above ground structures, equipment and roads used 
for operations, except that such structures, equipment and roads may 
remain where they are to be used for continuing operations which are the 
subject of another approved plan of operations or of a plan which has 
been submitted for approval, or unless otherwise authorized by the 
Regional Director consistent with the unit purpose and management 
objectives;
    (ii) Removing all other man-made debris resulting from operations;
    (iii) Removing or neutralizing any contaminating substances;
    (iv) Plugging and capping all nonproductive wells and filling dump 
holes, ditches, reserve pits and other excavations;
    (v) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (vi) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vii) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, and the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit.