[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: 36CFR9.38]

[Page 177]
 
              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.  9.38  Temporary approval.

    (a) The Regional Director may approve on a temporary basis:
    (1) Access on, across or through federally-owned or controlled lands 
or waters for the purpose of collecting basic information necessary to 
enable timely compliance with these regulations. Such temporary approval 
shall be for a period not in excess of sixty (60) days.
    (2) The continuance of existing operations, if their suspension 
would result in an unreasonable economic burden or injury to the 
operator; provided that such operations must be conducted in accordance 
with all applicable laws, and in a manner prescribed by the Regional 
Director designed to minimize or prevent significant environmental 
damage; and provided that within sixty (60) days of the granting of such 
temporary approval the operator either:
    (i) Submits an initial substantially complete plan of operations; or
    (ii) If a proposed plan of operations has been submitted, responds 
to any outstanding requests for additional information.
    (b) The Regional Director may approve new operations on a temporary 
basis only when:
    (1) The Regional Director finds that the operations will not cause 
significant environmental damage or result in significant new or 
additional surface disturbance to the unit; and either
    (2) The operator can demonstrate a compelling reason for the failure 
to have had timely approval of a proposed plan of operations; or
    (3) The operator can demonstrate that failure to grant such approval 
will result in an unreasonable economic burden or injury to the 
operator.

[43 FR 57825, Dec. 8, 1978, as amended at 44 FR 37914, June 29, 1979]

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