[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR228.105]

[Page 161-162]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 228_MINERALS--Table of Contents
 
                     Subpart E_Oil and Gas Resources
 
Sec.  228.105  Issuance of onshore orders and notices to lessees.

    (a) Onshore oil and gas orders. The Chief of the Forest Service may 
issue, or cosign with the Director, Bureau of Land Management, Onshore 
Oil and Gas Orders necessary to implement and supplement the regulations 
of this subpart.
    (1) Surface Use Plans of Operations and Master Development Plans. 
Operators shall submit Surface Use Plans of Operations or Master 
Development Plans in

[[Page 162]]

accordance with Onshore Oil and Gas Order No. 1. Approval of a Master 
Development Plan constitutes a decision to approve Surface Use Plans of 
Operations submitted as a part of the Master Development Plan. 
Subsequently submitted Surface Use Plans of Operations shall be reviewed 
to verify that they are consistent with the approved Master Development 
Plan and whether additional NEPA documentation or consultation pursuant 
to the National Historic Preservation Act or the Endangered Species Act 
is required. If the review determines that additional documentation is 
required, the Forest Service will review the additional documentation or 
consult as appropriate and make an independent decision regarding the 
subsequently submitted Surface Use Plan of Operations, and notify the 
BLM and the operator whether the Surface Use Plan of Operations is 
approved.
    (2) Adoption of additional onshore oil and gas orders. Additional 
onshore oil and gas orders shall be published in the Federal Register 
for public comment and codified in the CFR.
    (3) Applicability of onshore oil and gas orders. Onshore Oil and Gas 
Orders issued pursuant to this section are binding on all operations 
conducted on National Forest System lands, unless otherwise provided 
therein.
    (b) Notices to lessees, transferees, and operators. The authorized 
Forest officer may issue, or cosign with the authorized officer of the 
Bureau of Land Management, Notices to Lessees, Transferees, and 
Operators necessary to implement the regulations of this subpart. 
Notices to Lessees, Transferees, and Operators are binding on all 
operations conducted on the administrative unit of the National Forest 
System (36 CFR 200.2) supervised by the authorized Forest officer who 
issued or cosigned such notice.

[55 FR 10444, Mar. 21, 1990, as amended at 72 FR 10328, Mar. 7, 2007]