[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: 36CFR9.7]

[Page 158]
 
              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. 9.7  Assessment work.

    (a) An access permit and approved plan of operations must be 
obtained by a claimant prior to the performance of any assessment work 
required by Revised Statute 2324 (30 U.S.C. 28) on a claim in a unit.
    (b) Permits will be issued in accordance with the following:
    (1) In units subject to the surface disturbance moratorium of 
section 4 of the Act and Sec. 9.4, no access permits will be granted 
for the purpose of performing assessment work.
    (2) It has been determined that in all other units the Secretary 
will not challenge the validity of any unpatented claim within a unit 
for the failure to do assessment work during or after the assessment 
year commencing September 1, 1976. The Secretary expressly reserves, 
however, the existing right to contest claims for failure to do such 
work in the past. No access permits will be granted solely for the 
purpose of performing assessment work in these units except where 
claimant establishes the legal necessity for such permit in order to 
perform work necessary to take the claim to patent, and has filed and 
had approved a plan of operations as provided by these regulations. (For 
exploratory or development type work, see Sec. 9.9.)