[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: 36CFR228.5]

[Page 148-149]
 
              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. 228.5  Plan of operations--approval.

    (a) Operations shall be conducted in accordance with an approved 
plan of operations, except as provided in paragraph (b) of this section 
and in Sec. 228.4 (a), (b), and (e). A proposed plan of operation shall 
be submitted to the District Ranger, who shall promptly acknowledge 
receipt thereof to the operator. The authorized officer shall, within 
thirty (30) days of such receipt, analyze the proposal, considering the 
economics of the operation along with the other factors in determining 
the reasonableness of the requirements for surface resource protection, 
and;
    (1) Notify the operator that he has approved the plan of operations; 
or
    (2) Notify the operator that the proposed operations are such as not 
to require an operating plan; or
    (3) Notify the operator of any changes in, or additions to, the plan 
of operations deemed necessary to meet the purpose of the regulations in 
this part; or
    (4) Notify the operator that the plan is being reviewed, but that 
more time, not to exceed an additional sixty (60) days, is necessary to 
complete such review, setting forth the reasons why additional time is 
needed: Provided, however, That days during which the area of operations 
is inaccessible for inspection shall not be included when computing the 
sixty (60) day period; or
    (5) Notify the operator that the plan cannot be approved until a 
final environmental statement has been prepared and filed with the 
Council on Environmental Quality as provided in Sec. 228.4(f).
    (b) Pending final approval of the plan of operations, the authorized 
officer will approve such operations as may be necessary for timely 
compliance with the requirements of Federal and State laws, so long as 
such operations are conducted so as to minimize environmental impacts as 
prescribed by the authorized officer in accordance with the standards 
contained in Sec. 228.8.
    (c) A supplemental plan or plans of operations provided for in Sec. 
228.4(d) and a modification of an approved operating plan as provided 
for in Sec. 228.4(e) shall be subject to approval by the authorized 
officer in the same manner as the initial plan of operations: Provided, 
however, That a modification of an approved plan of operations under 
Sec. 228.4(e) shall be subject to approval by the immediate superior of 
the authorized officer in cases where it has been determined that a 
modification is required.
    (d) In the provisions for review of operating plans, the Forest 
Service will

[[Page 149]]

arrange for consultation with appropriate agencies of the Department of 
the Interior with respect to significant technical questions concerning 
the character of unique geologic conditions and special exploration and 
development systems, techniques, and equipment, and with respect to 
mineral values, mineral resources, and mineral reserves. Further, the 
operator may request the Forest Service to arrange for similar 
consultations with appropriate agencies of the U.S. Department of the 
Interior for a review of operating plans.