[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: 36CFR9.9]

[Page 166-167]
 
              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.  9.9  Plan of operations.

    (a) No operations shall be conducted within any unit until a plan of 
operations has been submitted by the operator to the Superintendent and 
approved by the Regional Director. All operations within any unit shall 
be conducted in accordance with an approved plan of operations.
    (b) The proposed plan of operations shall relate, as appropriate, to 
the proposed operations (e.g. exploratory, developmental or extraction 
work) and shall include but is not limited to:
    (1) The names and legal addresses of the following persons: The 
operator, the claimant if he is not the operator, and any lessee, 
assignee, or designee thereof;
    (2) A map or maps showing the proposed area of operations; existing 
roads or proposed routes to and from the area of operations; areas of 
proposed mining; location and description of surface facilities, 
including dumps;
    (3) A description of the mode of transport and major equipment to be 
used in the operations;
    (4) A description of the proposed operations and an estimated 
timetable for each phase of operations and the completion of operations;
    (5) The nature and extent of the known deposit to be mined. When the 
claim is located in a National Monument in Alaska and is unpatented, a 
completed Supplemental Claim Information Statement shall be submitted 
describing the quantity, quality, and any previous production of the 
deposit;
    (6) A mining reclamation plan demonstrating compliance with the 
requirements of Sec.  9.11;
    (7) All steps taken to comply with any applicable Federal, State, 
and local laws or regulations, including the applicable regulations in 
36 CFR, chapter I;
    (8) In units subject to the surface disturbance moratorium of 
section 4 of the Act and Sec.  9.4, proof satisfactory to the Regional 
Director that the surface of the area on which the operation is to occur 
was significantly disturbed for purposes of mineral extraction prior to 
February 29, 1976, or if the area was not so disturbed, proof, including 
production records for the years 1973, 1974, and 1975, that new 
disturbance is necessary to maintain an average annual rate of 
production not to exceed that of the years 1973, 1974, and 1975;
    (9) An environmental report analyzing the following:
    (i) The environment to be affected by the operations,
    (ii) The impacts of the operations on the unit's environment,
    (iii) Steps to be taken to insure minimum surface disturbance,
    (iv) Methods for disposal of all rubbish and other solid and liquid 
wastes,
    (v) Alternative methods of extraction and the environmental effects 
of each,
    (vi) The impacts of the steps to be taken to comply with the 
reclamation plan, and
    (10) Any additional information that is required to enable the 
Regional Director to effectively analyze the effects that the operations 
will have on the preservation, management and public use of the unit, 
and to make a decision regarding approval or disapproval of the plan of 
operations and issuance or denial of the access permit.
    (c) In all cases the plan must consider and discuss the unit's 
Statement for Management and other planning documents, and activities to 
control,

[[Page 167]]

minimize or prevent damage to the recreational, biological, scientific, 
cultural, and scenic resources of the unit.
    (d) Any person conducting operations on January 26, 1977, shall be 
required to submit a plan of operations to the Superintendent. If 
otherwise authorized, operations in progress on January 26, 1977, may 
continue for 120 days from that date without having an approved plan. 
After 120 days from January 26, 1977, no such operations shall be 
conducted without a plan approved by the Regional Director, unless 
access is extended under the existing permit by the Regional Director. 
(See Sec.  9.10(g).)

[42 FR 4835, Jan. 26, 1977, as amended at 44 FR 11069, Feb. 27, 1979]