Stanislaus National Forest

News Release

USDA Forest Service
Stanislaus National Forest

Rule Proposed to Clarify Criteria to Issue Citations to Mineral Operators

Sonora, CA (May 17, 2007) ... The USDA Forest Service recently released a definition of what constitutes residential occupancy and a revised definition of an operating plan for mineral operators who wish to conduct mineral activities on National Forest System (NFS) lands.

The update, found in a proposed rule for Criminal Citation to Mineral Operators for Unauthorized Occupancy and Use of National Forest System Lands and Facilities in today’s Federal Register, clarifies agency requirements and describes when it’s permissible for Forest Service law enforcement to issue a criminal citation.

The definition of residential occupancy provides a clear intent of what constitutes residency through construction, reconstruction, improvement, maintenance, use or presence of a temporary or permanent structure or object. Authorization generally may be applied for and granted through an operating plan.

In addition, the agency clarified specific mineral operations and applicable code of federal regulation subparts now included under the definition of an operating plan for which a possible criminal citation can be issued if circumstances warrant. A complete list is at the end of this article.

The revised definition gives Forest Service Law Enforcement more authority to issue criminal citations following a spate of court cases in which applicability of the regulation as written was unclear. The clarification will only affect those operators that possess or will possess, occupy, or use NFS lands or facilities without an approved operating plan when such authorization is required.

A 60-day comment period began May 10, 2007 following the publication of the proposed rule in the Federal Register. Comments on the proposed rule must be received by July 9, 2007. Send written comments to: Forest Service, USDA, Attn. Director, Minerals and Geology Management, (Staff), 2810 at mail stop 1126, Washington DC 200250-1126, or electronic mail to 36cfr228a@fs.fed.us.

For further information contact: Janine Clayton, Minerals and Geology Management Staff, (703) 605-4788, or electronic mail to jclayton01@fs.fed.us.

Revised Definition of Standard Operating Plan for Mineral Activities on National Forests

All operating Plans will now include the following:

• A plan of operations as provided for in 36 CFR part 228, subparts A and D, and 36 CFR part 292, subparts C and G
• A supplemental plan of operations as provided for in 36 CFR part 228, subpart A, and 36 CFR part 292, subpart G
• An operating plan as provided for in 36 CFR part 228, subpart C and 36 CFR part 292, subpart G
• An amended operating plan and a reclamation plan as provided for in 36 CFR part 292, subpart G
• A surface use plan of operations as provided for in 36 CFR part 228, subpart E
• A supplemental surface use plan of operations as provided for in 36 CFR part 228, subpart E
• A permit as provided for in 36 CFR 251.15
• An operating plan and a letter of authorization as provided for in 36 CFR part 292, subpart D