[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: 36CFR9.51]

[Page 175]
 
              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. 9.51  Damages and penalties.

    (a) The operator shall be held liable for any damages to federally-
owned or controlled lands, waters, or resources resulting from his 
failure to comply with either his plan of operations, or, where 
operations are continued pursuant to Sec. 9.33, failure to comply with 
the applicable permit or, where operations are temporarily approved 
under Sec. 9.38, failure to comply with the terms of that approval.
    (b) The operator agrees, as a condition for receiving an approved 
plan of operations, that he will hold harmless the United States and its 
employees from any damages or claims for injury or death of persons and 
damage or loss of property by any person or persons arising out of any 
acts or omissions by the operator, his agents, employees or 
subcontractors done in the course of operations.
    (c) Undertaking any operations within the boundaries of any unit in 
violation of this Subpart shall be deemed a trespass against the United 
States and shall be cause for revocation of approval of the plan of 
operations.
    (1) When a violation by an operator under an approved plan of 
operations is discovered, and if it does not pose an immediate threat of 
significant injury to federally-owned or controlled lands or waters, the 
operator will be notified in writing by the Superintendent and will be 
given ten (10) days to correct the violation; if the violation is not 
corrected within ten (10) days, approval of the plan of operations will 
be suspended until such time as the violation is corrected.
    (2) If the violation poses an immediate threat of significant injury 
to federally-owned or controlled lands or waters, approval of the plan 
of operations will be immediately suspended until such time as the 
violation is corrected. The operator will be notified in writing within 
five (5) days of any suspension and shall have the right to appeal that 
decision under Sec. 9.48.
    (3) Failure to correct any violation or damage to federally owned or 
controlled lands, waters or resources caused by such violations will 
result in revocation of plan of operations approval.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]