[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292.18]

[Page 401-403]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
        Subpart D_Sawtooth National Recreation Area_Federal Lands
 
Sec. 292.18  Mineral resources.

    (a) Occupancy. No unpatented mining claim may be used or occupied, 
except as otherwise permitted for any purpose other than exploration, 
mining, or processing operations and uses reasonably incident thereto.
    (b) Letter of authorization. A letter of authorization with the 
posting of an appropriate bond is required prior to conducting 
operations in the SNRA.
    (c) Operating plan. A proposed operating plan must be filed with the 
Area Ranger prior to conducting any operations and prior to 
construction, reconstruction, improvement or maintenance of roads and 
trails, bridges, or other facilities for access within the SNRA; 
provided, that an operating plan is not required for--
    (1) Operations which only involve vehicular travel on existing roads 
open to public use;
    (2) Marking and/or reestablishing claims corners;
    (3) Sampling and exploration work which will not cause significant 
damage to surface resources and will not involve the removal of more 
than 100 pounds of material for analysis and

[[Page 402]]

study, provided the Area Ranger has prior notice of such activities; or
    (4) The evaluation and study of existing underground mine workings 
not involving surface disturbances.
    (d) Operating plan--requirements. Each operating plan shall include:
    (1) The names and mailing addresses of operators and their agents, 
along with a statement of ownership and/or authorization under which the 
operation is to be conducted, and including a copy of the location 
notice(s), proof of assessment labor, and quit claim deeds if ownership 
has changed within the assessment year.
    (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 and 
the approximate location and size of areas where surface resources will 
be disturbed.
    (3) Information describing the nature of operations proposed and how 
they will be conducted, the type and standard of existing and proposed 
roads or access routes, the means of transportation to be used, the 
period during which the proposed operations will take place, and 
measures to be taken for protecting the values of the SNRA and 
reclaiming the lands.
    (e) Operating plan--approval. (1) The Area Ranger shall promptly 
acknowledge receipt of any operating plan to the operator. The Area 
Ranger shall review the environmental effects and conduct a technical 
examination of each proposed operating plan.

The technical examination shall identify the resources and the land uses 
in the area of operations. The Area Ranger shall use the current General 
Management Plan of the SNRA and the Final Environmental Statement as 
guides in determining whether the proposed operations may result in 
substantial impairment of the values of the SNRA. In his review, the 
Area Ranger may solicit comments from the general public and/or other 
government agencies in analysis of environmental effects. In his review, 
the Area Ranger will consider the compatibility of the proposed 
operating plan with the Act and the General Management Plan. The Area 
Ranger may not approve an operating plan for an identical claimed area 
to more than one operator.
    (2) Within 30 working days of receipt of a proposed operating plan, 
the Area Ranger shall take one of the following actions:
    (i) Notify the operator that the operating plan has been approved as 
submitted; or,
    (ii) Notify the operator that the operating plan has been approved 
as subject to the operator accepting the changes or conditions deemed 
necessary by the Area Ranger; or,
    (iii) Notify the operator that more time is necessary to review the 
plan because of the need to prepare an environmental impact statement, 
or conduct a cultural resource survey, or other stated reasons; in such 
cases, the operator will be notified of the approximate time needed to 
complete the review; or,
    (iv) Notify the operator of an apparent conflict of ownership and 
that additional proof of ownership is required; or,
    (v) Notify the operator that the operating plan as submitted is 
inadequate to support any conclusion as to substantial impairment, and 
that additional information will be required; or,
    (vi) Notify the operator that the operating plan is not approved 
since such operations as specified in the plan would create substantial 
impairment.
    (f) Operating plans--suspension or modification. The Area Ranger may 
suspend or terminate authorization to operate in whole or in part where 
such operations are causing substantial impairment which cannot be 
mitigated. At any time during operations under an approved operation 
plan, the operator may be required to modify the operating plan in order 
to minimize or avoid substantial impairment of the values of the SNRA.
    (g) Bond requirements. (1) An operator shall furnish a bond, in the 
amount determined by the Area Ranger to be appropriate for reclamation 
of the disturbed surface area, prior to the commencement of operations. 
In lieu of a bond, the operator may deposit into a Federal depository, 
as directed by the Forest Service, cash in an amount equal to the 
required dollar amount of the bond or negotiable securities of the

[[Page 403]]

United States having market value at the time of deposit or not less 
than the required dollar amount of the bond.
    (2) When the reclamation of the project, or portions thereof, has 
been completed, the operator will notify the Area Ranger who will 
examine the area to determine whether the reclamation is acceptable. 
When the Area Ranger has accepted as completed any portion of the 
reclamation, he shall reduce proportionately the amount of bond 
thereafter to be required with respect to the remaining reclamation. 
However, the operator will not be released from liability under the bond 
for the amount which may be necessary to revegetate each planting area 
for a minimum period of at least 5 years after the first efforts at 
revegetation if those initial efforts are unsuccessful.
    (3) If the Area Ranger determines that revegetation is likely to 
occur before the expiration of such minimum period, he may release the 
operator from the extended liability under the bond for revegetation of 
planting area.
    (h) Access. The operator shall permit free and unrestricted public 
access to and through lands included within an unpatented mining claim 
for all lawful and proper purposes. In areas where such access would 
unduly interfere with authorized operations or would constitute a hazard 
to public health and safety, public use may be restricted with prior 
approval of the Area Ranger.

[42 FR 39387, Aug. 4, 1977]