[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: 36CFR292.64]

[Page 414-415]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
             Subpart G_Smith River National Recreation Area
 
Sec. 292.64  Plan of operations--approval.

    (a) Timeframe for review. Except as provided in paragraph (b) of 
Sec. 292.62 of this subpart, upon receipt of a plan of operations, the 
authorized officer shall review the information related to valid 
existing rights and notify the operator in writing within 60 days of one 
of the following situations:
    (1) That sufficient information on valid existing rights has been 
provided and the anticipated date by which the valid existing rights 
determination will be completed, which shall not be more than 2 years 
after the date of notification; unless the authorized officer, upon 
finding of good cause with written notice and explanation to the 
operator, extends the time period for completion of the valid existing 
rights determination.
    (2) That the operator has failed to provide sufficient information 
to review a claim of valid existing rights and, therefore, the 
authorized officer has no obligation to evaluate whether the operator 
has valid existing rights or to process the operator's proposed plan of 
operations.
    (b)(1) If the authorized officer concludes that there is not 
sufficient evidence of valid existing rights, the officer shall so 
notify the operator in writing of the reasons for the determination, 
inform the operator that the proposed mineral operation cannot be 
conducted, advise the operator that the Forest Service will promptly 
notify the Bureau of Land Management of the determination and request 
the initiation of a mineral contest action against the pertinent mining 
claim, and advise the operator that further consideration of the 
proposed plan of operations is suspended pending final action by the 
Department of the Interior on the operator's claim of valid existing 
rights and any final judicial review thereof.
    (2) If the authorized officer concludes that there is not sufficient 
evidence of valid existing rights, the authorized officer also shall 
notify promptly the Bureau of Land Management of the determination and 
request the initiation of a mineral contest action against the pertinent 
mining claims.
    (c) An authorized officer's decision pursuant to paragraph (b) of 
this section that there is not sufficient evidence of valid existing 
rights is not subject to further agency or Department of Agriculture 
review or administrative appeal.
    (d) The authorized officer shall notify the operator in writing that 
the review of the remainder of the proposed plan will proceed if:
    (1) The authorized officer concludes that there is sufficient 
evidence of valid existing rights;
    (2) Final agency action by the Department of the Interior determines 
that the applicable mining claim constitutes a valid existing right; or
    (3) Final judicial review of final agency action by the Department 
of the Interior finds that the applicable mining claim constitutes a 
valid existing right.
    (e) Upon completion of the review of the plan of operations, the 
authorized officer shall ensure that the minimum information required by 
Sec. 292.63(c) of this subpart has been addressed and, pursuant to 
Sec. 228.5(a) of this chapter, notify the operator in writing whether 
or not the plan of operations is approved.
    (f) If the plan of operations is not approved, the authorized 
officer shall explain in writing why the plan of operations cannot be 
approved.
    (g) If the plan of operations is approved, the authorized officer 
shall establish a time period for the proposed operations which shall be 
for the minimum amount of time reasonably necessary for a prudent 
operator to complete the mineral development activities covered by the 
approved plan of operations.
    (h) An approved plan of operations is subject to review and 
modification as follows:

[[Page 415]]

    (1) To bring the plan into conformance with changes in applicable 
federal law or regulation; or
    (2) To respond to new information not available at the time the 
authorized officer approved the plan, for example, new listings of 
threatened or endangered species; or
    (3) To correct errors or omissions made at the time the plan was 
approved, for example, to ensure compliance with applicable federal law 
or regulation; or
    (4) To permit operations requested by the operator that differ in 
type, scope, or duration from those in an approved plan of operations 
but that are not subject to paragraph (i) of this section.
    (i) If an operator desires to conduct operations that differ in 
type, scope, or duration from those in an approved plan of operations, 
and if those changes will result in resource impacts not anticipated 
when the original plan was approved, the operator must submit a 
supplemental plan or a modification of the plan for review and approval.