[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.10]

[Page 151-152]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9--MINERALS MANAGEMENT--Table of Contents
 
                   Subpart A--Mining and Mining Claims
 
Sec. 9.10  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) For existing or new operations if the claim was patented without 
surface use restriction, where the operations would constitute a 
nuisance in the vicinity of the operation, or would significantly injure 
or adversely affect federally owned lands; or
    (2) For operations which had not significantly disturbed the surface 
of the claim for purposes of mineral extraction prior to January 26, 
1977, if the claim has not been patented, or if the patent is subject to 
surface use restrictions, where the operations would preclude management 
for the purpose of preserving the pristine beauty of the unit for 
present and future generations, or would adversely affect or 
significantly injure the ecological or cultural resources of the unit. 
No new surface mining will be permitted under this paragraph except 
under this standard; or
    (3) For operations which had significantly disturbed the surface of 
the claim for purposes of mineral extraction prior to January 26, 1977, 
if the claim has not been taken to patent, or the patent is subject to 
surface use restrictions, where the operations would constitute a 
nuisance in the vicinity of the operation, or would significantly injure 
or adversely affect federally owned lands. Provided, however, operations 
under this paragraph shall be limited by the provisions of Sec. 9.4, 
notwithstanding the limitation of that section's applicability to the 
three enumerated units;
    (4) Where the claim, regardless of when it was located, has not been 
patented and the operations would result in the destruction of surface 
resources, such as trees, vegetation, soil, water resources, or loss of 
wildlife habitat, not required for development of the claim; or
    (5) Where the operations would constitute a violation of the surface 
disturbance moratorium of section 4 of the Act; or
    (6) Where the plan does not satisfy each of the requirements of 
Sec. 9.9.
    (b) Within 60 days of the receipt of a proposed plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and
    (1) Notify the operator that he has approved or rejected the plan of 
operations; or
    (2) Notify the operator of any changes in, or additions to the plan 
of operations which are necessary before such plan will be approved; or
    (3) Notify the operator that the plan is being reviewed, but that 
more time, not to exceed an additional 30 days, is necessary to complete 
such review, and setting forth the reasons why additional time is 
required; Provided, however, That days during which the area of 
operations is inaccessible for such reasons as inclement weather, 
natural catastrophy, etc., for inspection shall not be included when 
computing either this time period, or that in paragraph (b) of this 
section; or
    (4) Notify the operator that the plan cannot be considered for 
approval until forty-five (45) days after a final environmental impact 
statement, if required, has been prepared and filed with the Council on 
Environmental Quality.
    (c) Failure of the Regional Director to act on a proposed plan of 
operations and related permits within the time period specified shall 
constitute an approval of the plan and related permits for a period of 
three (3) years.
    (d) The Regional Director's analysis may include:
    (1) An examination of the environmental report filed by the 
operator;

[[Page 152]]

    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit to cover estimated reclamation costs;
    (4) An evaluation of the need for any additional requirements in 
access permit; and
    (5) A determination regarding the impact of this operation and the 
cumulative impact of all operations on the management of the unit.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in, the National Register of Historic Places or National 
Registry of Natural Landmarks may be affected by the proposed activity. 
This determination will require the acquisition of adequate information, 
such as that resulting from field surveys, in order to properly 
determine the presence of and significance of cultural resources within 
the area to be affected by mining operations. Whenever National Register 
properties or properties eligible for inclusion in the National Register 
would be affected by mining operations, the Regional Director shall 
comply with section 106 of the National Historic Preservation Act of 
1966 as implemented by 36 CFR part 800.
    (1) The operator shall not injure, alter, destroy, or collect any 
site, structure, object, or other value of historical, archeological, or 
other cultural scientific importance. Failure to comply with this 
requirement shall constitute a violation of the Antiquities Act (16 
U.S.C. 431-433) (see 43 CFR part 3).
    (2) The operator shall immediately bring to the attention of the 
Superintendent any cultural and/or scientific resource that might be 
altered or destroyed by his operation and shall leave such discovery 
intact until told to proceed by the Superintendent. The Superintendent 
will evaluate the discoveries brought to his attention, and will 
determine within ten (10) working days what action will be taken with 
respect to such discoveries.
    (3) The responsibility for, and cost of investigations and salvage 
of such values that are discovered during operations will be that of the 
operator, where the claim is unpatented.
    (f) The operator shall protect all survey monuments, witness 
corners, reference monuments and bearing trees against destruction, 
obliteration, or damage from mining operations, and shall be responsible 
for the reestablishment, restoration, or referencing of any monuments, 
corners and bearing trees which are destroyed, obliterated, or damaged 
by such mining operations.
    (g) Pending approval of the plan of operations, the Regional 
Director may approve, on a temporary basis, the continuation of existing 
operations if necessary to enable timely compliance with these 
regulations and with Federal, State, or local laws, or if a halt to 
existing operations would result in an unreasonable economic burden or 
injury to the operator. Such work must be conducted in accordance with 
all applicable laws, and in a manner prescribed by the Regional Director 
and designed to minimize or prevent significant environmental effects.
    (h) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the claim as is 
necessary to properly monitor and insure compliance with the plan of 
operations.