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
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