[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.11]

[Page 167-168]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9_MINERALS MANAGEMENT--Table of Contents
 
                   Subpart A_Mining and Mining Claims
 
Sec.  9.11  Reclamation requirements.

    (a) As contemporaneously as possible with the operations, but in no 
case later than six (6) months after completion of operations and within 
the time specified in an approved mining reclamation plan, unless a 
longer period is authorized in writing by the Regional Director, each 
operator shall initiate reclamation as follows:
    (1) Where the claim was patented without surface use restriction, 
the operator shall at a minimum:
    (i) Remove all above ground structures, equipment, and other manmade 
debris used for operations; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance; or would not adversely affect, injure or 
damage, federally owned lands.
    (2) On any claim which was patented with surface use restrictions or 
is unpatented, each operator must take

[[Page 168]]

steps to restore natural conditions and processes, which steps shall 
include, but are not limited to:
    (i) Removing all above ground structures, equipment and other 
manmade debris;
    (ii) Providing for the prevention of surface subsidence;
    (iii) Replacing overburden and spoil, wherever economically and 
technologically practicable;
    (iv) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (v) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vi) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit, and return of the area to a condition 
equivalent to its pristine beauty.
    (c) Reclamation required by this section shall apply to operations 
authorized under this part, except that all terms relating to 
reclamation of previously issued special use permits revoked by this 
part for operations to be continued under an approved plan of operations 
shall be incorporated into the operator's reclamation plans.