[Code of Federal Regulations]
[Title 36, Volume 1, Parts 1 to 199]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9]

[Page 140-149]

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

Authority: Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.); Act
of August 25, 1916 (39 Stat. 535, as amended (16 U.S.C. 1 et seq.); Act
of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 1901 et seq.)).

Source: 42 FR 4835, Jan. 26, 1977, unless otherwise noted.

Sec. 9.1 Purpose and scope.

These regulations control all activities within units of the
National Park System resulting from the exercise of valid existing
mineral rights on patented or unpatented mining claims without regard to
the means or route by which the operator gains access to the claim. The
purpose of these regulations is to insure that such activities are
conducted in a manner consistent with the purposes for which the
National Park System and each unit thereof were created, to prevent or
minimize damage to the environment or other resource values, and to
insure that the pristine beauty of the units is preserved for the
benefit of present and future generations. These regulations apply to
all operations, as defined herein, conducted within the boundaries of
any unit of the National Park System.

[53 FR 25162, July 2, 1988]

Sec. 9.2 Definitions.

The terms used in this part shall have the following meanings:
(a) Secretary. The Secretary of the Interior.

[[Page 141]]

(b) Operations. All functions, work and activities in connection
with mining on claims, including: prospecting, exploration, surveying,
development and extraction; dumping mine wastes and stockpiling ore;
transport or processing of mineral commodities; reclamation of the
surface disturbed by such activities; and all activities and uses
reasonably incident thereto, including construction or use of roads or
other means of access on National Park System lands, regardless of
whether such activities and uses take place on Federal, State, or
private lands.
(c) Operator. A person conducting or proposing to conduct
operations.
(d) Person. Any individual, partnership, corporation, association,
or other entity.
(e) Superintendent. The Superintendent, or his designee, of the unit
of the National Park System containing claims subject to these
regulations.
(f) Surface mining. Mining in surface excavations, including placer
mining, mining in open glory-holes or mining pits, mining and removing
ore from open cuts, and the removal of capping or overburden to uncover
ore.
(g) The Act. The Act of September 28, 1976, 90 Stat. 1342, 16 U.S.C.
1901 et seq.
(h) Commercial vehicle. Any motorized equipment used for
transporting the product being mined or excavated, or for transporting
heavy equipment used in mining operations.
(i) Unit. Any National Park System area containing a claim or claims
subject to these regulations.
(j) Claimant. The owner, or his legal representative, of any claim
lying within the boundaries of a unit.
(k) Claim. Any valid, patented or unpatented mining claim, mill
site, or tunnel site.
(l) Significantly disturbed for purposes of mineral extraction. Land
will be considered significantly disturbed for purposes of mineral
extraction when there has been surface extraction of commercial amounts
of a mineral, or significant amounts of overburden or spoil have been
displaced due to the extraction of commercial amounts of a mineral.
Extraction of commercial amounts is defined as the removal of ore from a
claim in the normal course of business of extraction for processing or
marketing. It does not encompass the removal of ore for purposes of
testing, experimentation, examination or preproduction activities.
(m) Designated roads. Those existing roads determined by the
Superintendent in accordance with 36 CFR 1.5 to be open for the use of
the public or an operator.
(n) Production. Number of tons of a marketable mineral extracted
from a given operation.

[42 FR 4835, Jan. 26, 1977, as amended at 60 FR 55791, Nov. 3, 1995; 62
FR 30234, June 3, 1997]

Sec. 9.3 Access permits.

(a) All special use or other permits dealing with access to and from
claims within any unit are automatically revoked 120 days after January
26, 1977. All operators seeking new or continued access to and from a
claim after that date must file for new access permits in accordance
with these regulations, unless access to a mining claim is by pack
animal or foot. (See Sec. 9.7 for restrictions on assessment work and
Sec. 9.9(d) and Sec. 9.10(g) for extensions of permits.)
(b) Prior to the issuance of a permit for access to any claim or
claims, the operator must file with the Superintendent a plan of
operations pursuant to Sec. 9.9. No permit shall be issued until the
plan of operations has been approved in accordance with Sec. 9.10.
(c) No access to claims outside a unit will be permitted across unit
lands unless such access is by foot, pack animal, or designated road.
Persons using such roads for access to such claims must comply with the
terms of Sec. 9.15 where applicable.
(d) In units of the National Park System in Alaska, regulations at
43 CFR part 36 govern access to claims, and the provisions of 36 CFR 9.3
(a), (b) and (c) are inapplicable.

[42 FR 4835, Jan. 26, 1977, as amended at 53 FR 25162, July 5, 1988]

Sec. 9.4 Surface disturbance moratorium.

(a) For a period of four years after September 28, 1976, no operator
of a claim located within the boundaries of Death Valley National
Monument,

[[Page 142]]

Mount McKinley National Park, or Organ Pipe Cactus National Monument
(see also claims subject to Sec. 9.10(a)(3)) shall disturb for purposes
of mineral exploration or development the surface of any lands which had
not been significantly disturbed for purposes of mineral extraction
prior to February 29, 1976, except as provided in this section. However,
where a claim is subject, for a peroid of four years after September 28,
1976, to this section solely by virtue of Sec. 9.10(a)(3), the date
before which there must have been significant disturbance for purposes
of mineral extraction is January 26, 1977.
(b) An operator of a claim in one of these units seeking to enlarge
an existing excavation or otherwise disturb the surface for purposes of
mineral exploration or development shall file with the Superintendent an
application stating his need to disturb additional surface in order to
maintain production at an annual rate not to exceed an average annual
production level of said operations for the three calendar years 1973,
1974, and 1975. Accompanying the application shall be a plan of
operations which complies with Sec. 9.9 and verified copies of
production records for the years 1973, 1974, and 1975.
(c) If the Regional Director finds that the submitted plan of
operations complies with Sec. 9.9, that enlargement of the existing
excavation of an individual mining operation is necessary in order to
make feasible continued production therefrom at an annual rate not to
exceed the average annual production level of said operation for the
three calendar years 1973, 1974, and 1975, and that the plan of
operations meets the applicable standard of approval of Sec. 9.10(a)(1),
he shall issue a permit allowing the disturbance of the surface of the
lands contiguous to the existing excavation to the minimum extent
necessary to effect such enlargement. For the purpose of this section
``lands contiguous to the existing excavation'' shall include land which
actually adjoins the existing excavation or which could logically become
an extension of the excavation; for example, drilling to determine the
extent and direction to which the existing excavation should be extended
may be permitted at a site which does not actually adjoin the
excavating.
(d) The appropriate reclamation standard to be applied will be
determined by the nature of the claim. (See Secs. 9.11(a)(1) and
(a)(2).)
(e) Operations conducted under a permit pursuant to this section
shall be subject to all the limitations imposed by this part.
(f) For the purposes of this section, each separate mining
excavation shall be treated as an individual mining operation.

Sec. 9.5 Recordation.

(a) Any unpatented mining claim in a unit in existence on September
28, 1976, which was not recorded on or before September 28, 1977, in
accordance with the Notice of October 20, 1976 (41 FR 46357) or 36 CFR
9.5 as promulgated on January 26, 1977, is, pursuant to section 8 of the
Act, conclusively presumed to be abandoned and shall be void.
(b) Any unpatented mining claim in a unit established after
September 28, 1976, or in an area added to an existing unit after that
date, shall be recorded with the Bureau of Land Management in accordance
with the provisions of section 314 of the Federal Land Policy and
Management Act (FLPMA), 90 Stat. 2769, 43 U.S.C. 1744, and regulations
implementing it (43 CFR 3833.1).
(c) A claimant of an unpatented mining claim in any unit must file
annually with the Bureau of Land Management a notice of intention to
hold a claim or evidence of annual assessment work required by section
314 of FLPMA, as implemented by 43 CFR 3833.2. A copy of each such
filing will be provided to the Superintendent of the appropriate unit by
the Bureau of Land Management.
(d) The effect of failure to file the instruments required by
paragraphs (b) and (c) of this section shall be controlled by 43 CFR
3833.4. Recordation or filing under this section shall not render any
claim valid which would not otherwise be valid under applicable law and
shall not give the claimant any

[[Page 143]]

rights to which he is not otherwise entitled by law.

(Act of September 28, 1976 (16 U.S.C. 1901 et seq.), Act of August 25,
1916 (16 U.S.C. 1 and 2-4) and 245 DM (42 FR 12931), as amended)

[44 FR 20427, Apr. 5, 1979]

Sec. 9.6 Transfers of interest.

(a) Whenever a claimant who has recorded his unpatented claim(s)
with the Superintendent pursuant to the requirements of Sec. 9.5 sells,
assigns, bequeaths, or otherwise conveys all or any part of his interest
in his claim(s), the Superintendent shall be notified within 60 days
after completion of the transfer of: The name of the claim(s) involved;
the name and legal address of the person to whom an interest has been
sold, assigned, bequeathed, or otherwise transferred; and a description
of the interest conveyed or received. Copies of the transfer documents
will be provided by the Superintendent to the Bureau of Land Management.
Failure to so notify the Superintendent shall render any existing access
permit void.
(b) If the transfer occurs within the period of 12 months from the
effective date of the Act and the prior owner has not recorded the
unpatented claim with the Superintendent in accordance with these
regulations, the holder by transfer shall have the remainder of the 12-
month period to record the unpatented claim. Failure to record shall be
governed by the provisions of Sec. 9.5(c).

Sec. 9.7 Assessment work.

(a) An access permit and approved plan of operations must be
obtained by a claimant prior to the performance of any assessment work
required by Revised Statute 2324 (30 U.S.C. 28) on a claim in a unit.
(b) Permits will be issued in accordance with the following:
(1) In units subject to the surface disturbance moratorium of
section 4 of the Act and Sec. 9.4, no access permits will be granted for
the purpose of performing assessment work.
(2) It has been determined that in all other units the Secretary
will not challenge the validity of any unpatented claim within a unit
for the failure to do assessment work during or after the assessment
year commencing September 1, 1976. The Secretary expressly reserves,
however, the existing right to contest claims for failure to do such
work in the past. No access permits will be granted solely for the
purpose of performing assessment work in these units except where
claimant establishes the legal necessity for such permit in order to
perform work necessary to take the claim to patent, and has filed and
had approved a plan of operations as provided by these regulations. (For
exploratory or development type work, see Sec. 9.9.)

Sec. 9.8 Use of water.

(a) No operator may use for operations any water from a point of
diversion which is within the boundaries of any unit unless authorized
in writing by the Regional Director. The Regional Director shall not
approve a plan of operations requiring the use of water from such source
unless the right to the water has been perfected under applicable State
law, has a priority date prior to the establishment of the unit and
there has been a continued beneficial use of that water right.
(b) If an operator whose operations will require the use of water
from a point of diversion within the boundaries of the unit can show
that he has a perfected State water right junior to the reserved water
right of the United States and can demonstrate that the exercise of that
State water right will not diminish the Federal right, which is that
amount of water necessary for the purposes for which the unit was
established, he will be authorized to use water from that source for
operations, if he has complied with all other provisions of these
regulations.

Sec. 9.9 Plan of operations.

(a) No operations shall be conducted within any unit until a plan of
operations has been submitted by the operator to the Superintendent and
approved by the Regional Director. All operations within any unit shall
be conducted in accordance with an approved plan of operations.

[[Page 144]]

(b) The proposed plan of operations shall relate, as appropriate, to
the proposed operations (e.g. exploratory, developmental or extraction
work) and shall include but is not limited to:
(1) The names and legal addresses of the following persons: The
operator, the claimant if he is not the operator, and any lessee,
assignee, or designee thereof;
(2) A map or maps showing the proposed area of operations; existing
roads or proposed routes to and from the area of operations; areas of
proposed mining; location and description of surface facilities,
including dumps;
(3) A description of the mode of transport and major equipment to be
used in the operations;
(4) A description of the proposed operations and an estimated
timetable for each phase of operations and the completion of operations;
(5) The nature and extent of the known deposit to be mined. When the
claim is located in a National Monument in Alaska and is unpatented, a
completed Supplemental Claim Information Statement shall be submitted
describing the quantity, quality, and any previous production of the
deposit;
(6) A mining reclamation plan demonstrating compliance with the
requirements of Sec. 9.11;
(7) All steps taken to comply with any applicable Federal, State,
and local laws or regulations, including the applicable regulations in
36 CFR, chapter I;
(8) In units subject to the surface disturbance moratorium of
section 4 of the Act and Sec. 9.4, proof satisfactory to the Regional
Director that the surface of the area on which the operation is to occur
was significantly disturbed for purposes of mineral extraction prior to
February 29, 1976, or if the area was not so disturbed, proof, including
production records for the years 1973, 1974, and 1975, that new
disturbance is necessary to maintain an average annual rate of
production not to exceed that of the years 1973, 1974, and 1975;
(9) An environmental report analyzing the following:
(i) The environment to be affected by the operations,
(ii) The impacts of the operations on the unit's environment,
(iii) Steps to be taken to insure minimum surface disturbance,
(iv) Methods for disposal of all rubbish and other solid and liquid
wastes,
(v) Alternative methods of extraction and the environmental effects
of each,
(vi) The impacts of the steps to be taken to comply with the
reclamation plan, and
(10) Any additional information that is required to enable the
Regional Director to effectively analyze the effects that the operations
will have on the preservation, management and public use of the unit,
and to make a decision regarding approval or disapproval of the plan of
operations and issuance or denial of the access permit.
(c) In all cases the plan must consider and discuss the unit's
Statement for Management and other planning documents, and activities to
control, minimize or prevent damage to the recreational, biological,
scientific, cultural, and scenic resources of the unit.
(d) Any person conducting operations on January 26, 1977, shall be
required to submit a plan of operations to the Superintendent. If
otherwise authorized, operations in progress on January 26, 1977, may
continue for 120 days from that date without having an approved plan.
After 120 days from January 26, 1977, no such operations shall be
conducted without a plan approved by the Regional Director, unless
access is extended under the existing permit by the Regional Director.
(See Sec. 9.10(g).)

[42 FR 4835, Jan. 26, 1977, as amended at 44 FR 11069, Feb. 27, 1979]

Sec. 9.10 Plan of operations approval.

(a) The Regional Director shall not approve a plan of operations:
(1) For existing or new operations if the claim was patented without
surface use restriction, where the operations would constitute a
nuisance in the vicinity of the operation, or would significantly injure
or adversely affect federally owned lands; or
(2) For operations which had not significantly disturbed the surface
of the claim for purposes of mineral extraction prior to January 26,
1977, if the claim has not been patented, or if the patent is subject to
surface use restrictions, where the operations would preclude management
for the purpose of

[[Page 145]]

preserving the pristine beauty of the unit for present and future
generations, or would adversely affect or significantly injure the
ecological or cultural resources of the unit. No new surface mining will
be permitted under this paragraph except under this standard; or
(3) For operations which had significantly disturbed the surface of
the claim for purposes of mineral extraction prior to January 26, 1977,
if the claim has not been taken to patent, or the patent is subject to
surface use restrictions, where the operations would constitute a
nuisance in the vicinity of the operation, or would significantly injure
or adversely affect federally owned lands. Provided, however, operations
under this paragraph shall be limited by the provisions of Sec. 9.4,
notwithstanding the limitation of that section's applicability to the
three enumerated units;
(4) Where the claim, regardless of when it was located, has not been
patented and the operations would result in the destruction of surface
resources, such as trees, vegetation, soil, water resources, or loss of
wildlife habitat, not required for development of the claim; or
(5) Where the operations would constitute a violation of the surface
disturbance moratorium of section 4 of the Act; or
(6) Where the plan does not satisfy each of the requirements of
Sec. 9.9.
(b) Within 60 days of the receipt of a proposed plan of operations,
the Regional Director shall make an environmental analysis of such plan,
and
(1) Notify the operator that he has approved or rejected the plan of
operations; or
(2) Notify the operator of any changes in, or additions to the plan
of operations which are necessary before such plan will be approved; or
(3) Notify the operator that the plan is being reviewed, but that
more time, not to exceed an additional 30 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 catastrophy, etc., for inspection shall not be included when
computing either this time period, or that in paragraph (b) of this
section; or
(4) Notify the operator that the plan cannot be considered for
approval until forty-five (45) days after a final environmental impact
statement, if required, has been prepared and filed with the Council on
Environmental Quality.
(c) Failure of the Regional Director to act on a proposed plan of
operations and related permits within the time period specified shall
constitute an approval of the plan and related permits for a period of
three (3) years.
(d) The Regional Director's analysis may include:
(1) An examination of the environmental report filed 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 to cover estimated reclamation costs;
(4) An evaluation of the need for any additional requirements in
access permit; and
(5) A determination regarding the impact of this operation and the
cumulative impact of all operations on the management of the unit.
(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 activity.
This determination will require the acquisition of adequate information,
such as that resulting from field surveys, in order to properly
determine the presence of and significance of cultural resources within
the area to be affected by mining operations. Whenever National Register
properties or properties eligible for inclusion in the National Register
would be affected by mining operations, the Regional Director shall
comply with section 106 of the National Historic Preservation Act of
1966 as implemented by 36 CFR part 800.
(1) The operator shall not injure, alter, destroy, or collect any
site,

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structure, object, or other value of historical, archeological, or other
cultural scientific importance. Failure to comply with this requirement
shall constitute a violation of the Antiquities Act (16 U.S.C. 431-433)
(see 43 CFR part 3).
(2) The operator shall immediately bring to the attention of the
Superintendent any cultural and/or scientific resource that might be
altered or destroyed by his operation and shall leave such discovery
intact until told to proceed by the Superintendent. The Superintendent
will evaluate the discoveries brought to his attention, and will
determine within ten (10) working days what action will be taken with
respect to such discoveries.
(3) The responsibility for, and cost of investigations and salvage
of such values that are discovered during operations will be that of the
operator, where the claim is unpatented.
(f) The operator shall protect all survey monuments, witness
corners, reference monuments and bearing trees against destruction,
obliteration, or damage from mining operations, and shall be responsible
for the reestablishment, restoration, or referencing of any monuments,
corners and bearing trees which are destroyed, obliterated, or damaged
by such mining operations.
(g) Pending approval of the plan of operations, the Regional
Director may approve, on a temporary basis, the continuation of existing
operations if necessary to enable timely compliance with these
regulations and with Federal, State, or local laws, or if a halt to
existing operations would result in an unreasonable economic burden or
injury to the operator. Such work must be conducted in accordance with
all applicable laws, and in a manner prescribed by the Regional Director
and designed to minimize or prevent significant environmental effects.
(h) Approval of each plan of operations is expressly conditioned
upon the Superintendent having such reasonable access to the claim as is
necessary to properly monitor and insure compliance with the plan of
operations.

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 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

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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.

Sec. 9.12 Supplementation or revision of plan of operations.

(a) An approved plan of operations may require reasonable revision
or supplementation to adjust the plan to changed conditions or to
correct oversights.
(1) The Regional Director may initiate an alteration by notifying
the operator in writing of the proposed alteration and the justification
therefor. The operator shall have thirty (30) days to comment on the
proposal.
(2) The operator may initiate an alteration by submitting to the
Superintendent a written statement of the proposal, and the
justification therefor.
(b) Any proposal initiated under paragraph (a) of this section by
either party shall be reviewed and decided by the Regional Director in
accordance with Sec. 9.10. Where the operator believes he has been
aggrieved by a decision under this paragraph, he may appeal the decision
pursuant to Sec. 9.14.

Sec. 9.13 Performance bond.

(a) Upon approval of a plan of operations the operator shall be
required to file a suitable performance bond with satisfactory surety,
payable to the Secretary or his designee. The bond shall be conditioned
upon faithful compliance with applicable regulations, the terms and
conditions of the permit, lease, or contract, and the plan of operations
as approved, revised or supplemented.
(b) In lieu of a performance bond, an operator may elect to deposit
with the Secretary, or his designee, cash or negotiable bonds of the
U.S. Government. The cash deposit or the market value of such securities
shall be at least equal to the required sum of the bond.
(c) The bond or security deposit shall be in an amount equal to the
estimated cost of completion of reclamation requirements either in their
entirety or in a phased schedule for their completion as set forth in
the approved, supplemented or revised plan of operations.
(d) In the event that an approved plan of operations is revised or
supplemented in accordance with Sec. 9.12, the Superintendent may adjust
the amount of the bond or security deposit to conform to the plan of
operations as modified.
(e) The operator's and his surety's responsibility and liability
under the bond or security deposit shall continue until such time as the
Superintendent determines that successful reclamation of the area of
operations has occurred.
(f) When all required reclamation requirements of an approved plan
of operations are completed, the Superintendent shall notify the
operator that performance under the bond or security deposit has been
completed and that it is released.

Sec. 9.14 Appeals.

(a) Any operator aggrieved by a decision of the Regional Director in
connection with the regulations in this part may file with the Regional
Director a written statement setting forth in detail the respects in
which the decision is contrary to, or in conflict with, the facts, the
law, these regulations, or is otherwise in error. No such appeal will be
considered unless it is filed with the Regional Director within thirty
(30) days after the date of notification to the operator of the action
or decision complained of. Upon receipt of such written statement from
the aggrieved operator, the Regional Director shall promptly review the
action or decision and either reverse his original decision or prepare
his own statement, explaining that decision and the reasons therefor,
and forward the statement and record on appeal to the Director, National
Park Service, for review and decision. Copies of the Regional Director's
statement shall be furnished to the aggrieved operator, who shall have
20 days within which to file exceptions to the Regional Director's
decision. The Department has the discretion to initiate a hearing before
the Office of Hearing and Appeals in a particular case. (See 43 CFR
4.700.)
(b) The official files of the National Park Service on the proposed
plan of

[[Page 148]]

operations and any testimony and documents submitted by the parties on
which the decision of the Regional Director was based shall constitute
the record on appeal. The Regional Director shall maintain the record
under separate cover and shall certify that it is the record on which
his decision was based at the time it is forwarded to the Director of
the National Park Service. The National Park Service shall make the
record available to the operator upon request.
(c) If the Director considers the record inadequate to support the
decision on appeal, he may provide for the production of such additional
evidence or information as may be appropriate, or may remand the case to
the Regional Director, with appropriate instructions for further action.
(d) On or before the expiration of forty-five (45) days after his
receipt of the exceptions to the Regional Director's decision, the
Director shall make his decision in writing; Provided, however, That if
more than forty-five (45) days are required for a decision after the
exceptions are received, the Director shall notify the parties to the
appeal and specify the reason(s) for delay. The decision of the Director
shall include (1) a statement of facts, (2) conclusions, and (3) reasons
upon which the conclusions are based. The decision of the Director shall
be the final administrative action of the agency on a proposed plan of
operations.
(e) A decision of the Regional Director from which an appeal is
taken shall not be automatically stayed by the filing of a statement of
appeal. A request for a stay may accompany the statement of appeal or
may be directed to the Director. The Director shall promptly rule on
requests for stays. A decision of the Director on request for a stay
shall constitute a final administrative decision.

Sec. 9.15 Use of roads by commercial vehicles.

(a) After January 26, 1977, no commercial vehicle shall use roads
administered by the National Park Service without first being registered
with the Superintendent.
(1) A fee shall be charged for such registration based upon a posted
fee schedule, computed on a ton-mile basis. The fee schedule posted
shall be subject to change upon 60 days notice.
(2) An adjustment of the fee may be made at the discretion of the
Superintendent where a cooperative maintenance agreement is entered into
with the operator.
(b) No commercial vehicle which exceeds roadway load limits
specified by the Superintendent shall be used on roads administered by
the National Park Service unless authorized by written permit from the
Superintendent.
(c) Should a commercial vehicle used in operations cause damage to
roads or other facilities of the National Park Service, the operator
shall be liable for all damages so caused.

Sec. 9.16 Penalties.

Undertaking any operation within the boundaries of any unit in
violation of this part shall be deemed a trespass against the United
States, and the penalty provisions of 36 CFR part 1 are inapplicable to
this part.

Sec. 9.17 Public inspection of documents.

(a) Upon receipt of the plan of operations the Superintendent shall
publish a notice in the Federal Register advising the availability of
the plan for public review.
(b) Any document required to be submitted pursuant to the
regulations in this part shall be made available for public inspection
at the Office of Superintendent during normal business hours. The
availability of such records for inspection shall be governed by the
rules and regulations found at 43 CFR part 2.

Sec. 9.18 Surface use and patent restrictions.

(a) The regulations in 43 CFR 3826.2-5 and 3826.2-6, 3826.4-1(g) and
3826.4-1(h), and 3826.5-3 and 3826.5-4 will apply to any claimant who
wishes to take his claim to patent in Olympic National Park, Glacier Bay
National Monument or Organ Pipe Cactus National Monument.
(b) The additional provisions of 43 CFR subpart 3826 and 36 CFR 7.26
and

[[Page 149]]

7.45(a) will continue to apply to existing permits until 120 days after
January 26, 1977, unless extended by the Regional Director. (See
Sec. 9.10(g).

[42 FR 4835, Jan. 26, 1977, as amended at 48 FR 30296, June 30, 1983]