[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR228.4]

[Page 146-148]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 228_MINERALS--Table of Contents
 
                      Subpart A_Locatable Minerals
 
Sec. 228.4  Plan of operations--notice of intent--requirements.

    (a) Except as provided in paragraph (a)(2) of this section, a notice 
of intention to operate is required from any person proposing to conduct 
operations which might cause disturbance of surface resources. Such 
notice of intention shall be submitted to the District Ranger having 
jurisdiction over the area in which the operations will be conducted. If 
the District Ranger determines that such operations will likely cause 
significant disturbance of surface resources, the operator shall submit 
a proposed plan of operations to the District Ranger.
    (1) The requirements to submit a plan of operations shall not apply:
    (i) To operations which will be limited to the use of vehicles on 
existing public roads or roads used and maintained for National Forest 
purposes,
    (ii) To individuals desiring to search for and occasionally remove 
small mineral samples or specimens,
    (iii) To prospecting and sampling which will not cause significant 
surface resource disturbance and will not involve removal of more than a 
reasonable amount of mineral deposit for analysis and study,
    (iv) tT marking and monumenting a mining claim and
    (v) To subsurface operations which will not cause significant 
surface resource disturbance.
    (2) A notice of intent need not be filed:
    (i) Where a plan of operations is submitted for approval in lieu 
thereof,
    (ii) For operations excepted in paragraph (a)(1) of this section 
from the requirement to file a plan of operations,
    (iii) For operations which will not involve the use of mechanized 
earthmoving equipment such as bulldozers or backhoes and will not 
involve the cutting of trees. Each notice of intent to operate shall 
provide information sufficient to identify the area involved, the nature 
of the proposed operations, the route of access to the area of 
operations and the method of transport. If a notice of intent is filed, 
the District Ranger will, within 15 days of receipt thereof, notify the 
operator whether a plan of operations is required.
    (b) Any person conducting operations on the effective date of these 
regulations, who would have been required to submit a plan of operations 
under Sec. 228.4(a), may continue operations but shall within 120 days 
thereafter submit a plan of operations to the District Ranger having 
jurisdiction over the area within which operations are being conducted: 
Provided, however, That upon a showing of good cause the authorized 
officer will grant an extension of time for submission of a plan of 
operations, not to exceed an additional 6

[[Page 147]]

months. Operations may continue according to the submitted plan during 
its review, unless the authorized officer determines that the operations 
are unnecessarily or unreasonably causing irreparable damage to surface 
resources and advises the operator of those measures needed to avoid 
such damage. Upon approval of a plan of operations, operations shall be 
conducted in accordance with the approved plan. The requirement to 
submit a plan of operations shall not apply: (1) To operations excepted 
in Sec. 228.4(a) or (2) to operations concluded prior to the effective 
date of the regulations in this part.
    (c) The plan of operations shall include:
    (1) The name and legal mailing address of the operators (and 
claimants if they are not the operators) and their lessees, assigns, or 
designees.
    (2) A map or sketch showing information sufficient to locate the 
proposed area of operations on the ground, existing and/or proposed 
roads or access routes to be used in connection with the operations as 
set forth in Sec. 228.12 and the approximate location and size of areas 
where surface resources will be disturbed.
    (3) Information sufficient to describe or identify the type of 
operations proposed and how they would be conducted, the type and 
standard of existing and proposed roads or access routes, the means of 
transportation used or to be used as set forth in Sec. 228.12, the 
period during which the proposed activity will take place, and measures 
to be taken to meet the requirements for environmental protection in 
Sec. 228.8.
    (d) The plan of operations shall cover the requirements set forth in 
paragraph (c) of this section, as foreseen for the entire operation for 
the full estimated period of activity: Provided, however, That if the 
development of a plan for an entire operation is not possible at the 
time of preparation of a plan, the operator shall file an initial plan 
setting forth his proposed operation to the degree reasonably 
foreseeable at that time, and shall thereafter file a supplemental plan 
or plans whenever it is proposed to undertake any significant surface 
disturbance not covered by the initial plan.
    (e) At any time during operations under an approved plan of 
operations, the authorized officer may ask the operator to furnish a 
proposed modification of the plan detailing the means of minimizing 
unforeseen significant disturbance of surface resources. If the operator 
does not furnish a proposed modification within a time deemed reasonable 
by the authorized officer, the authorized officer may recommend to his 
immediate superior that the operator be required to submit a proposed 
modification of the plan. The recommendation of the authorized officer 
shall be accompanied by a statement setting forth in detail the 
supporting facts and reasons for his recommendations. In acting upon 
such recommendation, the immediate superior of the authorized officer 
shall determine:
    (1) Whether all reasonable measures were taken by the authorized 
officer to predict the environmental impacts of the proposed operations 
prior to approving the operating plan,
    (2) Whether the disturbance is or probably will become of such 
significance as to require modification of the operating plan in order 
to meet the requirements for environmental protection specified in Sec. 
228.8 and
    (3) Whether the disturbance can be minimized using reasonable means. 
Lacking such determination that unforeseen significant disturbance of 
surface resources is occurring or probable and that the disturbance can 
be minimized using reasonable means, no operator shall be required to 
submit a proposed modification of an approved plan of operations. 
Operations may continue in accordance with the approved plan until a 
modified plan is approved, unless the immediate superior of the 
authorized officer determines that the operations are unnecessarily or 
unreasonably causing irreparable injury, loss or damage to surface 
resources and advises the operator of those measures needed to avoid 
such damage.
    (f) Upon completion of an environmental analysis in connection with 
each proposed operating plan, the authorized officer will determine 
whether

[[Page 148]]

an environmental statement is required. Not every plan of operations, 
supplemental plan or modification will involve the preparation of an 
environmental statement. Environmental impacts will vary substantially 
depending on whether the nature of operations is prospecting, 
exploration, development, or processing, and on the scope of operations 
(such as size of operations, construction required, length of operations 
and equipment required), resulting in varying degrees of disturbance to 
vegetative resources, soil, water, air, or wildlife. The Forest Service 
will prepare any environmental statements that may be required.
    (g) The information required to be included in a notice of intent or 
a plan of operations, or supplement or modification thereto, has been 
assigned Office of Management and Budget Control 0596-0022. The 
public reporting burden for this collection of information is estimated 
to vary from a few minutes for an activity involving little or no 
surface disturbance to several months for activities involving heavy 
capital investments and significant surface disturbance, with an average 
of 2 hours per individual response. This includes time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Send comments regarding the burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden, to Chief (2800), Forest Service, USDA, P.O. Box 
96090, Washington, DC 20090-6090 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.

[39 FR 31317, Aug. 28, 1974. Redesignated at 46 FR 36142, July 14, 1981, 
and amended at 54 FR 6893, Feb. 15, 1989]