[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.33]

[Page 166]
 
              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. 9.33  Existing operations.

    (a) Any person conducting operations on January 8, 1979 in 
accordance with a Federal or State issued permit may continue to do so 
as provided by this section. After expiration of such existing permits 
no operations shall be conducted except under an approved plan of 
operations, unless access is granted by the Regional Director under 
Sec. 9.38.
    (1) All Federal special use permits dealing with access on, across 
or through lands or waters owned or controlled by the United States to a 
site for the conduct of operations within any unit issued prior to 
January 8, 1979 shall expire according to their terms and shall not be 
renewed, unless by the terms of the existing permit it must be renewed.
    (2) All operations on a site in a unit access to which is on, 
across, or through federally owned or controlled lands or waters 
conducted pursuant to a valid State access permit may be continued for 
the term of that permit, exclusive of any renewal period whether 
mandatory or discretionary, if conducted in accordance with the permit.
    (b) Any person conducting operations on January 8, 1979 in a unit 
where Federal or State permits were not required prior to January 8, 
1979 may continue those operations pending a final decision on his plan 
of operations; Provided, That:
    (1) The operator (within thirty (30) days of January 8, 1979), 
notifies the Superintendent in writing of the nature and location of the 
operations; and
    (2) Within sixty (60) days after such notification, the operator 
submits, in accordance with these regulations, a substantially complete 
proposed plan of operations for those operations;
    (3) Failure to comply with Sec. 9.33(b) (1) and (2) shall 
constitute grounds for the suspension of operations.
    (c) At any time when operations which are allowed to continue under 
Sec. 9.33 (a) and (b) pose an immediate threat of significant injury to 
federally owned or controlled lands or waters, the Superintendent shall 
require the operator to suspend operations immediately until the threat 
is removed or remedied. The Superintendent must, within five (5) days of 
this suspension notify the operator in writing of the reasons for the 
suspension and of his right to appeal the suspension under Sec. 9.48.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979]