[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: 36CFR9.37]

[Page 175-176]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9_MINERALS MANAGEMENT--Table of Contents
 
                Subpart B_Non-Federal Oil and Gas Rights
 
Sec.  9.37  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) Until the operator shows that the operations will be conducted 
in a manner which utilizes technologically feasible methods least 
damaging to the federally-owned or controlled lands, waters and 
resources of the unit while assuring the protection of public health and 
safety.
    (2) For operations at a site the surface estate of which is not 
owned by the Federal government, where operations would constitute a 
nuisance to Federal lands or waters in the vicinity of the operations, 
would significantly injure federally-owned or controlled lands and 
waters; or
    (3) For operations at a site the surface estate of which is owned or 
controlled by the Federal government, where operations would 
substantially interfere with management of the unit to ensure the 
preservation of its natural and ecological integrity in perpetuity, or 
would significantly injure the federally-owned or controlled lands or 
waters; Provided, however, That if the application of this standard 
would, under applicable law, constitute a taking of a property interest 
rather than an appropriate exercise of regulatory authority, the plan of 
operations may be approved if the operations would be conducted in 
accordance with paragraph (a)(1) of this section, unless a decision is 
made to acquire the mineral interest.
    (4) Where the plan of operations does not satisfy each of the 
requirements of Sec.  9.36 applicable to the operations proposed.
    (b) Within sixty (60) days of the receipt of a plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and:
    (1) Notify the operator that the plan of operations has been 
approved or rejected, and, if rejected, the reasons for the rejection; 
or
    (2) Notify the operator that the plan of operations has been 
conditionally approved, subject to the operator's acceptance of specific 
provisions and stipulations; or
    (3) Notify the operator of any modification of the plan of 
operations which is necessary before such plan will be approved or of 
additional information needed to effectively analyze the effects that 
the operations will have on the preservation, management and use of the 
unit, and to make a decision regarding approval or disapproval of the 
plan of operations and the amount of the performance bond to be posted; 
or
    (4) Notify the operator that the plan of operations is being 
reviewed, but that more time, not to exceed an additional thirty days, 
is necessary to complete such review, and setting forth the reasons why 
additional time is required. Provided, however, That days during which 
the area of operations is inaccessible for such reasons as inclement 
weather, natural catastrophe, acts of God, etc., for inspection shall 
not be included when computing either this time period, or that in 
subsection (b) above; or
    (5) Notify the operator that the plan of operations has been 
reviewed, but cannot be considered for approval until forty-five (45) 
days after a final environmental statement has been prepared and filed 
with the Environmental Protection Agency; or
    (6) Notify the operator that the plan of operations is being 
reviewed, but that more time to provide opportunities for public 
participation in the plan of operations review and to provide sufficient 
time to analyze public comments received is necessary. Within thirty 
(30) days after closure of the

[[Page 176]]

public comment period specified by the Regional Director, he shall 
comply with Sec.  9.37(b) (1) through (5).
    (c) The Regional Director shall act as expeditiously as possible 
upon a proposed plan of operations consistent with the nature and scope 
of the operations proposed. Failure to act within the time limits 
specified in this section shall constitute a rejection of the plan of 
operations from which the operator shall have a right to appeal under 
Sec.  9.49.
    (d) The Regional Director's analysis shall include:
    (1) An examination of all information submitted by the operator;
    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit (See Sec.  9.48);
    (4) An evaluation of the need for any additional requirements in the 
plan;
    (5) A determination regarding the impact of this operation and 
cumulative impacts of all proposed and existing operations on the 
management of the unit; and
    (6) A determination whether implementation by the operator of an 
approved plan of operations would be a major Federal action 
significantly affecting the quality of the human environment or would be 
sufficiently controversial to warrant preparation of an environmental 
statement pursuant to section 102(2)(c) of the National Environmental 
Policy Act of 1969.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in the National Register of Historic Places or National 
Registry of Natural Landmarks may be affected by the proposed 
operations. This determination will require the acquistion of adequate 
information, such as that resulting from field surveys, in order to 
properly determine the presence and significance of cultural resources 
within the areas to be affected by operations. Whenever National 
Register properties or properties eligible for inclusion in the National 
Register would be affected by operations, the Regional Director shall 
comply with section 106 of the Historic Preservations Act of 1966 as 
implemented by 36 CFR part 800.
    (f) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the site as is 
necessary to properly monitor and insure compliance with the plan of 
operations.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979]