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» Title 36, Part 228

Code of Federal Regulations

TITLE 36–PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER II–FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 228–MINERALS–Table of Contents

Subpart A–Locatable Minerals

Sec. 228.3 Definitions.

For the purposes of this part the following terms, respectively, shall mean: (a) Operations. All functions, work, and activities in connection with prospecting, exploration, development, mining or processing of mineral resources and all uses reasonably incident thereto, including roads and other means of access on lands subject to the regulations in this part, regardless of whether said operations take place on or off mining claims.
(b) Operator. A person conducting or proposing to conduct operations.
(c) Person. Any individual, partnership, corporation, association, or other legal entity.
(d) Mining claim. Any unpatented mining claim or unpatented millsite authorized by the United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et seq.).
(e) Authorized officer. The Forest Service officer to whom authority to review and approve operating plans has been delegated.

Sec. 228.4 Plan of operations–notice of intent–requirements.

(a) Except as provided in paragraph (a)(2) of this section, a notice of intention to operate is required from any person proposing to conduct operations which might cause disturbance of surface resources. Such notice of intention shall be submitted to the District Ranger having jurisdiction over the area in which the operations will be conducted. If the District Ranger determines that such operations will likely cause significant disturbance of surface resources, the operator shall submit a proposed plan of operations to the District Ranger.
(1) The requirements to submit a plan of operations shall not apply:
(i) To operations which will be limited to the use of vehicles on existing public roads or roads used and maintained for National Forest purposes,
(ii) To individuals desiring to search for and occasionally remove small mineral samples or specimens,
(iii) To prospecting and sampling which will not cause significant surface resource disturbance and will not involve removal of more than a reasonable amount of mineral deposit for analysis and study,
(iv) To marking and monumenting a mining claim and
(v) To subsurface operations which will not cause significant surface resource disturbance.
(2) A notice of intent need not be filed:
(i) Where a plan of operations is submitted for approval in lieu thereof,
(ii) For operations excepted in paragraph (a)(1) of this section from the requirement to file a plan of operations,
(iii) For operations which will not involve the use of mechanized earthmoving equipment such as bulldozers or backhoes and will not involve the cutting of trees. Each notice of intent to operate shall provide information sufficient to identify the area involved, the nature of the proposed operations, the route of access to the area of operations and the method of transport. If a notice of intent is filed, the District Ranger will, within 15 days of receipt thereof, notify the operator whether a plan of operations is required.

 

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