[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: 36CFR9.4]

[Page 148]
 
              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. 9.4  Surface disturbance moratorium.

    (a) For a period of four years after September 28, 1976, no operator 
of a claim located within the boundaries of Death Valley National 
Monument, Mount McKinley National Park, or Organ Pipe Cactus National 
Monument (see also claims subject to Sec. 9.10(a)(3)) shall disturb for 
purposes of mineral exploration or development the surface of any lands 
which had not been significantly disturbed for purposes of mineral 
extraction prior to February 29, 1976, except as provided in this 
section. However, where a claim is subject, for a peroid of four years 
after September 28, 1976, to this section solely by virtue of 
Sec. 9.10(a)(3), the date before which there must have been significant 
disturbance for purposes of mineral extraction is January 26, 1977.
    (b) An operator of a claim in one of these units seeking to enlarge 
an existing excavation or otherwise disturb the surface for purposes of 
mineral exploration or development shall file with the Superintendent an 
application stating his need to disturb additional surface in order to 
maintain production at an annual rate not to exceed an average annual 
production level of said operations for the three calendar years 1973, 
1974, and 1975. Accompanying the application shall be a plan of 
operations which complies with Sec. 9.9 and verified copies of 
production records for the years 1973, 1974, and 1975.
    (c) If the Regional Director finds that the submitted plan of 
operations complies with Sec. 9.9, that enlargement of the existing 
excavation of an individual mining operation is necessary in order to 
make feasible continued production therefrom at an annual rate not to 
exceed the average annual production level of said operation for the 
three calendar years 1973, 1974, and 1975, and that the plan of 
operations meets the applicable standard of approval of Sec. 9.10(a)(1), 
he shall issue a permit allowing the disturbance of the surface of the 
lands contiguous to the existing excavation to the minimum extent 
necessary to effect such enlargement. For the purpose of this section 
``lands contiguous to the existing excavation'' shall include land which 
actually adjoins the existing excavation or which could logically become 
an extension of the excavation; for example, drilling to determine the 
extent and direction to which the existing excavation should be extended 
may be permitted at a site which does not actually adjoin the 
excavating.
    (d) The appropriate reclamation standard to be applied will be 
determined by the nature of the claim. (See Secs. 9.11(a)(1) and 
(a)(2).)
    (e) Operations conducted under a permit pursuant to this section 
shall be subject to all the limitations imposed by this part.
    (f) For the purposes of this section, each separate mining 
excavation shall be treated as an individual mining operation.

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