[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.2]

[Page 163]
 
              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.  9.2  Definitions.

    The terms used in this part shall have the following meanings:
    (a) Secretary. The Secretary of the Interior.
    (b) Operations. All functions, work and activities in connection 
with mining on claims, including: prospecting, exploration, surveying, 
development and extraction; dumping mine wastes and stockpiling ore; 
transport or processing of mineral commodities; reclamation of the 
surface disturbed by such activities; and all activities and uses 
reasonably incident thereto, including construction or use of roads or 
other means of access on National Park System lands, regardless of 
whether such activities and uses take place on Federal, State, or 
private lands.
    (c) Operator. A person conducting or proposing to conduct 
operations.
    (d) Person. Any individual, partnership, corporation, association, 
or other entity.
    (e) Superintendent. The Superintendent, or his designee, of the unit 
of the National Park System containing claims subject to these 
regulations.
    (f) Surface mining. Mining in surface excavations, including placer 
mining, mining in open glory-holes or mining pits, mining and removing 
ore from open cuts, and the removal of capping or overburden to uncover 
ore.
    (g) The Act. The Act of September 28, 1976, 90 Stat. 1342, 16 U.S.C. 
1901 et seq.
    (h) Commercial vehicle. Any motorized equipment used for 
transporting the product being mined or excavated, or for transporting 
heavy equipment used in mining operations.
    (i) Unit. Any National Park System area containing a claim or claims 
subject to these regulations.
    (j) Claimant. The owner, or his legal representative, of any claim 
lying within the boundaries of a unit.
    (k) Claim. Any valid, patented or unpatented mining claim, mill 
site, or tunnel site.
    (l) Significantly disturbed for purposes of mineral extraction. Land 
will be considered significantly disturbed for purposes of mineral 
extraction when there has been surface extraction of commercial amounts 
of a mineral, or significant amounts of overburden or spoil have been 
displaced due to the extraction of commercial amounts of a mineral. 
Extraction of commercial amounts is defined as the removal of ore from a 
claim in the normal course of business of extraction for processing or 
marketing. It does not encompass the removal of ore for purposes of 
testing, experimentation, examination or preproduction activities.
    (m) Designated roads. Those existing roads determined by the 
Superintendent in accordance with 36 CFR 1.5 to be open for the use of 
the public or an operator.
    (n) Production. Number of tons of a marketable mineral extracted 
from a given operation.

[42 FR 4835, Jan. 26, 1977, as amended at 60 FR 55791, Nov. 3, 1995; 62 
FR 30234, June 3, 1997]

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