36CFR228, Minerals Options

[CP]

36CFR228.1-Purpose

[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: 36CFR228.1]

[Page 137-138]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                      Subpart A_Locatable Minerals

Sec.  228.1  Purpose.




                      Subpart A_Locatable Minerals

Sec. 
228.1 Purpose.
228.2 Scope.
228.3 Definitions.
228.4 Plan of operations--notice of intent--requirements.
228.5 Plan of operations--approval.
228.6 Availability of information to the public.
228.7 Inspection, noncompliance.
228.8 Requirements for environmental protection.
228.9 Maintenance during operations, public safety.
228.10 Cessation of operations, removal of structures and equipment.
228.11 Prevention and control of fire.
228.12 Access.
228.13 Bonds.
228.14 Appeals.
228.15 Operations within National Forest Wilderness.

                      Subpart B_Leasable Minerals

228.20-228.39 [Reserved]

                Subpart C_Disposal of Mineral Materials

228.40 Authority.
228.41 Scope.
228.42 Definitions.
228.43 Policy governing disposal.
228.44 Disposal on existing Federal leased areas.
228.45 Qualifications of applicants.
228.46 Application of other laws and regulations.

                          General Provisions

228.47 General terms and conditions of contracts and permits.
228.48 Appraisal and measurement.
228.49 Reappraisal.
228.50 Production records.
228.51 Bonding.
228.52 Assignments.
228.53 Term.
228.54 Single entry sales or permits.

[[Page 138]]

228.55 Cancellation or suspension.
228.56 Operating plans.

                      Types and Methods of Disposal

228.57 Types of disposal.
228.58 Competitive sales.
228.59 Negotiated or noncompetitive sales.
228.60 Prospecting permits.
228.61 Preference right negotiated sales.
228.62 Free use.
228.63 Removal under terms of a timber sale or other Forest Service
          contract.
228.64 Community sites and common-use areas.
228.65 Payment for sales.
228.66 Refunds.
228.67 Information collection requirements.

              Subpart D_Miscellaneous Minerals Provisions

228.80 Operations within Misty Fjords and Admiralty Island National
          Monuments, Alaska.

                    Subpart E_Oil and Gas Resources

228.100 Scope and applicability.
228.101 Definitions.

                                Leasing

228.102 Leasing analyses and decisions.
228.103 Notice of appeals of decisions.
228.104 Consideration of requests to modify, waive, or grant exceptions
          to lease stipulations.

              Authorization of Occupancy Within a Leasehold

228.105 Issuance of onshore orders and notices to lessees.
228.106 Operator's submission of surface use plan of operations.
228.107 Review of surface use plan of operations.
228.108 Surface use requirements.
228.109 Bonds.
228.110 Indemnification.

                      Administration of Operations

228.111 Temporary cessation of operations.
228.112 Compliance and inspection.
228.113 Notice of noncompliance.
228.114 Material noncompliance proceedings.
228.115 Additional notice of decisions.
228.116 Information collection requirements.

    Authority: 30 Stat. 35 and 36, as amended (16 U.S.C. 478, 551); 41
Stat. 437, as amended, Sec.  5102(d), 101 Stat. 1330-256 (30 U.S.C. 226);
61 Stat. 681, as amended (30 U.S.C. 601); 61 Stat. 914, as amended (30
U.S.C. 352); 69 Stat. 368, as amended (30 U.S.C. 611); and 94 Stat.
2400.

    Source: 39 FR 31317, Aug. 28, 1974, unless otherwise noted.
Redesignated at 46 FR 36142, July 14, 1981.



    It is the purpose of these regulations to set forth rules and
procedures through which use of the surface of National Forest System
lands in connection with operations authorized by the United States
mining laws (30 U.S.C. 21-54), which confer a statutory right to enter
upon the public lands to search for minerals, shall be conducted so as
to minimize adverse environmental impacts on National Forest System
surface resources. It is not the purpose of these regulations to provide
for the management of mineral resources; the responsibility for managing
such resources is in the Secretary of the Interior.

36CFR228.2-Scope

[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: 36CFR228.2]

[Page 138]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                      Subpart A_Locatable Minerals

Sec.  228.2  Scope.

    These regulations apply to operations hereafter conducted under the
United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et
seq.), as they affect surface resources on all National Forest System
lands under the jurisdiction of the Secretary of Agriculture to which
such laws are applicable: Provided, however, That any area of National
Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q)
is subject to the provisions of this part and the provisions of the
special act, and in the case of conflict the provisions of the special
act shall apply.

36CFR228.3-Definitions

[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: 36CFR228.3]

[Page 138-139]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                      Subpart A_Locatable Minerals

Sec.  228.3  Definitions.

    For the purposes of this part the following terms, respectively,
shall mean:
    (a) Operations. All functions, work, and activities in connection
with prospecting, exploration, development, mining or processing of
mineral resources and all uses reasonably incident thereto, including
roads and other means of access on lands subject to the regulations in
this part, regardless of whether said operations take place on or off
mining claims.
    (b) Operator. A person conducting or proposing to conduct
operations.

[[Page 139]]

    © Person. Any individual, partnership, corporation, association,
or other legal entity.
    (d) Mining claim. Any unpatented mining claim or unpatented millsite
authorized by the United States mining laws of May 10, 1872, as amended
(30 U.S.C. 22 et seq.).
    (e) Authorized officer. The Forest Service officer to whom authority
to review and approve operating plans has been delegated.

36CFR228.4-Plan Of Operations and Notice Of Intent Requirements

[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: 36CFR228.4]

[Page 139-141]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                      Subpart A_Locatable Minerals

Sec.  228.4  Plan of operations--notice of intent--requirements.

    (a) Except as provided in paragraph (a)(1) of this section, a notice
of intent to operate is required from any person proposing to conduct
operations which might cause significant disturbance of surface
resources. Such notice of intent to operate shall be submitted to the
District Ranger having jurisdiction over the area in which the
operations will be conducted. Each notice of intent to operate shall
provide information sufficient to identify the area involved, the nature
of the proposed operations, the route of access to the area of
operations, and the method of transport.
    (1) A notice of intent to operate is not required for:
    (i) Operations which will be limited to the use of vehicles on
existing public roads or roads used and maintained for National Forest
System purposes;
    (ii) Prospecting and sampling which will not cause significant
surface resource disturbance and will not involve removal of more than a
reasonable amount of mineral deposit for analysis and study which
generally might include searching for and occasionally removing small
mineral samples or specimens, gold panning, metal detecting, non-
motorized hand sluicing, using battery operated dry washers, and
collecting of mineral specimens using hand tools;
    (iii) Marking and monumenting a mining claim;
    (iv) Underground operations which will not cause significant surface
resource disturbance;
    (v) Operations, which in their totality, will not cause surface
resource disturbance which is substantially different than that caused
by other users of the National Forest System who are not required to
obtain a Forest Service special use authorization, contract, or other
written authorization;
    (vi) Operations which will not involve the use of mechanized
earthmoving equipment, such as bulldozers or backhoes, or the cutting of
trees, unless those operations otherwise might cause a significant
disturbance of surface resources; or
    (vii) Operations for which a proposed plan of operations is
submitted for approval;
    (2) The District Ranger will, within 15 days of receipt of a notice
of intent to operate, notify the operator if approval of a plan of
operations is required before the operations may begin.
    (3) An operator shall submit a proposed plan of operations to the
District Ranger having jurisdiction over the area in which operations
will be conducted in lieu of a notice of intent to operate if the
proposed operations will likely cause a significant disturbance of
surface resources. An operator also shall submit a proposed plan of
operations, or a proposed supplemental plan of operations consistent
with Sec.  228.4(d), to the District Ranger having jurisdiction over the
area in which operations are being conducted if those operations are
causing a significant disturbance of surface resources but are not
covered by a current approved plan of operations. The requirement to
submit a plan of operations shall not apply to the operations listed in
paragraphs (a)(1)(i) through (v). The requirement to submit a plan of
operations also shall not apply to operations which will not involve the
use of mechanized earthmoving equipment, such as bulldozers or backhoes,
or the cutting of trees, unless those operations otherwise will likely
cause a significant disturbance of surface resources.
    (4) If the District Ranger determines that any operation is causing
or will likely cause significant disturbance of surface resources, the
District Ranger shall notify the operator that the operator must submit
a proposed plan of operations for approval and that the operations can
not be conducted until a plan of operations is approved.

[[Page 140]]

    (b) Any person conducting operations on the effective date of these
regulations, who would have been required to submit a plan of operations
under Sec.  228.4(a), may continue operations but shall within 120 days
thereafter submit a plan of operations to the District Ranger having
jurisdiction over the area within which operations are being conducted:
Provided, however, That upon a showing of good cause the authorized
officer will grant an extension of time for submission of a plan of
operations, not to exceed an additional 6 months. Operations may
continue according to the submitted plan during its review, unless the
authorized officer determines that the operations are unnecessarily or
unreasonably causing irreparable damage to surface resources and advises
the operator of those measures needed to avoid such damage. Upon
approval of a plan of operations, operations shall be conducted in
accordance with the approved plan. The requirement to submit a plan of
operations shall not apply: (1) To operations excepted in Sec.  228.4(a)
or (2) to operations concluded prior to the effective date of the
regulations in this part.
    © The plan of operations shall include:
    (1) The name and legal mailing address of the operators (and
claimants if they are not the operators) and their lessees, assigns, or
designees.
    (2) A map or sketch showing information sufficient to locate the
proposed area of operations on the ground, existing and/or proposed
roads or access routes to be used in connection with the operations as
set forth in Sec.  228.12 and the approximate location and size of areas
where surface resources will be disturbed.
    (3) Information sufficient to describe or identify the type of
operations proposed and how they would be conducted, the type and
standard of existing and proposed roads or access routes, the means of
transportation used or to be used as set forth in Sec.  228.12, the
period during which the proposed activity will take place, and measures
to be taken to meet the requirements for environmental protection in
Sec.  228.8.
    (d) The plan of operations shall cover the requirements set forth in
paragraph © of this section, as foreseen for the entire operation for
the full estimated period of activity: Provided, however, That if the
development of a plan for an entire operation is not possible at the
time of preparation of a plan, the operator shall file an initial plan
setting forth his proposed operation to the degree reasonably
foreseeable at that time, and shall thereafter file a supplemental plan
or plans whenever it is proposed to undertake any significant surface
disturbance not covered by the initial plan.
    (e) At any time during operations under an approved plan of
operations, the authorized officer may ask the operator to furnish a
proposed modification of the plan detailing the means of minimizing
unforeseen significant disturbance of surface resources. If the operator
does not furnish a proposed modification within a time deemed reasonable
by the authorized officer, the authorized officer may recommend to his
immediate superior that the operator be required to submit a proposed
modification of the plan. The recommendation of the authorized officer
shall be accompanied by a statement setting forth in detail the
supporting facts and reasons for his recommendations. In acting upon
such recommendation, the immediate superior of the authorized officer
shall determine:
    (1) Whether all reasonable measures were taken by the authorized
officer to predict the environmental impacts of the proposed operations
prior to approving the operating plan,
    (2) Whether the disturbance is or probably will become of such
significance as to require modification of the operating plan in order
to meet the requirements for environmental protection specified in Sec. 
228.8 and
    (3) Whether the disturbance can be minimized using reasonable means.
Lacking such determination that unforeseen significant disturbance of
surface resources is occurring or probable and that the disturbance can
be minimized using reasonable means, no operator shall be required to
submit a proposed modification of an approved plan of operations.
Operations may continue

[[Page 141]]

in accordance with the approved plan until a modified plan is approved,
unless the immediate superior of the authorized officer determines that
the operations are unnecessarily or unreasonably causing irreparable
injury, loss or damage to surface resources and advises the operator of
those measures needed to avoid such damage.
    (f) Upon completion of an environmental analysis in connection with
each proposed operating plan, the authorized officer will determine
whether an environmental statement is required. Not every plan of
operations, supplemental plan or modification will involve the
preparation of an environmental statement. Environmental impacts will
vary substantially depending on whether the nature of operations is
prospecting, exploration, development, or processing, and on the scope
of operations (such as size of operations, construction required, length
of operations and equipment required), resulting in varying degrees of
disturbance to vegetative resources, soil, water, air, or wildlife. The
Forest Service will prepare any environmental statements that may be
required.
    (g) The information required to be included in a notice of intent or
a plan of operations, or supplement or modification thereto, has been
assigned Office of Management and Budget Control 0596-0022. The
public reporting burden for this collection of information is estimated
to vary from a few minutes for an activity involving little or no
surface disturbance to several months for activities involving heavy
capital investments and significant surface disturbance, with an average
of 2 hours per individual response. This includes time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden, to Chief (2800), Forest Service, USDA, P.O. Box
96090, Washington, DC 20090-6090 and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503.

[39 FR 31317, Aug. 28, 1974. Redesignated at 46 FR 36142, July 14, 1981,
and amended at 54 FR 6893, Feb. 15, 1989; 69 FR 41430, July 9, 2004; 70
FR 32731, June 6, 2005]

36CFR228.42-Disposal Of Mineral Materials

[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: 36CFR228.42]

[Page 147-148]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                Subpart C_Disposal of Mineral Materials

Sec.  228.42  Definitions.

    For the purposes of this subject, the following terms are defined:
    Acquired National Forest lands. National Forest System lands
acquired under the Weeks Act of March 1, 1911 (36 Stat. 961), and
National Forest System lands with Weeks Act status as provided in the
Act of September 2, 1958 (16 U.S.C. 521a).
    Authorized officer. Any Forest Service officer to whom authority for
disposal of mineral materials has been delegated.

[[Page 148]]

    Common-use area. Generally, a broad geographic area from which
nonexclusive disposals of mineral materials available on the surface may
be made to low volume and/or noncommercial users.
    Community site. A site noted on appropriate Forest records and
posted on the ground from which nonexclusive disposals of mineral
materials may be made to low volume and/or noncommercial users.
    Contract. A signed legal agreement between the Forest Service and a
purchaser of mineral materials, which specifies (among other things) the
conditions of a competitive, negotiated, or preference right sale of
mineral materials to the purchaser.
    Mineral materials. A collective term used throughout this subpart to
describe petrified wood and common varieties of sand, gravel, stone,
pumice, pumicite, cinders, clay, and other similar materials. Common
varieties do not include deposits of those materials which are valuable
because of some property giving them distinct and special value, nor do
they include ``so-called `block pumice' '' which occurs in nature in
pieces having one dimension of two inches or more and which is valuable
and used for some application that requires such dimensions.
    Permit. A signed legal document between the Forest Service and one
who is authorized to remove mineral materials free of charge, which
specifies (among other things) the conditions of removal by the
permittee.
    Preference right negotiated sale. A negotiated sale which may be
awarded in response to the finding and demonstration of a suitable
deposit of mineral material on acquired National Forest lands as the
result of exploratory activity conducted under the authority of a
prospecting permit.
    Prospecting permit. A written instrument issued by the Forest
Service which authorizes prospecting for a mineral material deposit on
acquired National Forest lands within specific areas, under stipulated
conditions, and for a specified period of time.
    Single entry source. A source of mineral materials which is expected
to be depleted under a single contract or permit or which is reserved
for Forest Service use.
    Unpatented mining claim. A lode or placer mining claim or a millsite
located under the General Mining Law of 1872, as amended (30 U.S.C. 21-
54), for which a patent under 30 U.S.C. 29 and regulations of the
Department of the Interior has not been issued.
    Withdrawn National Forest lands. National Forest System lands
segregated or otherwise withheld from settlement, sale, location, or
entry under some or all of all of the general land laws (43 U.S.C.
1714).

[49 FR 29784, July 24, 1984, as amended at 55 FR 51706, Dec. 17, 1990]

36CFR228.60-Prospecting Permits

[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: 36CFR228.60]

[Page 154]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228_MINERALS--Table of Contents

                Subpart C_Disposal of Mineral Materials

Sec.  228.60  Prospecting permits.

    (a) Right conferred. On acquired National Forest lands, prospecting
permits may be issued which grant the permittee the exclusive right to
explore for and to demonstrate the existence of a suitable mineral
material deposit when existing information is insufficient. After the
demonstration of a suitable deposit and confirmation of this by the
authorized officer, the permittee will have a preference right to apply
for a negotiated sale.
    (b) Limitations. Mineral material may be removed from lands under a
prospecting permit only to the extent necessary for testing and analysis
or for the demonstration of the existence of a suitable deposit.
    © Environmental analysis. Prospecting permits will be issued only
after submission by applicant and approval by the authorized officer of
a detailed operating plan. The authorized officer may require a bond in
accordance with Sec.  228.51. The authorized officer must ensure
compliance with the National Environmental Policy Act (42 U.S.C. 4321 et
seq.).
    (d) Acreage and permit limitations. A prospecting permit may not
cover more than 640 acres. No individual or group may have an interest
at any one time in more than three prospecting permits on Forest Service
lands administered by one Forest Supervisor.
    (e) Duration and extension of permits. Prospecting permits may be
issued for a period not to exceed 24 months, but they may be extended
once for up to an additional 24 months if necessary to complete
prospecting. Any application for extension must be submitted no later
than 30 days before the expiration of the permit. The application for
extension must provide evidence of diligence and state the reasons why
additional time is considered necessary to complete prospecting work.
    (f) Refusal to extend permits. The authorized officer may reject
applications for extension of prospecting permits for the following
reasons:
    (1) Failure to perform. Failure of the permittee to perform
prospecting or exploration work without adequate justification may
result in the denial of an extension; or
    (2) Failure to apply. If an application for extension is not
submitted within the specified period, the permit may expire without
notice to the permittee.
    (3) Public interest. If the authorized officer determines that an
extension may not be in the public interest, the application may be
rejected.