Regulations

LEXISNEXIS' CODE OF FEDERAL REGULATIONS

Copyright (c) 2006, by Matthew Bender & Company, a member

of the LexisNexis Group. All rights reserved.

*** THIS SECTION IS CURRENT THROUGH THE JULY 13, 2006 ISSUE OF ***

*** THE FEDERAL REGISTER ***

TITLE 36 -- PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I -- NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 9 -- MINERALS MANAGEMENT

SUBPART B -- NON-FEDERAL OIL AND GAS RIGHTS

§ 9.30 Purpose and scope.

(a) These regulations control all activities within any unit of the National Park System in the exercise of rights to oil and gas not owned by the United States where access is on, across or through federally owned or controlled lands or waters. Such rights arise most frequently in one of two situations: (1) When the land is owned in fee, including the right to the oil and gas, or (2) When in a transfer of the surface estate to the United States, the grantor reserved the rights to the oil and gas. These regulations are designed to insure that activities undertaken pursuant to these rights 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 and other resource values, and to insure to the extent feasible that all units of the National Park System are left unimpaired for the enjoyment of future generations.

These regulations are not intended to result in the taking of a property interest, but rather to impose reasonable regulations on activities which involve and affect federally-owned lands.

(b) Regulations controlling the exercise of minerals rights obtained under the Mining Law of 1872 in units of the National Park System can be found at 36 CFR Part 9, Subpart A. In area where oil and gas are owned by the United States, and leasing is authorized, the applicable regulations can be found at 43 CFR, Group 3100.

(c) These regulations allow operators the flexibility to design plans of operations only for that phase of operations contemplated. Each plan need only describe those functions for which the operator wants immediate approval. For instance, it is impossible to define, at the beginning of exploratory activity, the design that production facilities might take. For this reason, an operator may submit a plan which applies only to the exploratory phase, allowing careful preparation of a plan for the production phase after exploration is completed. This allows for phased reclamation and bonding at a level commensurate with the level of operations approved. However, it must be noted that because of potential cumulative impacts, and because of qualitative differences in the nature of the operations, approval of a plan of operations covering one phase of operations does not guarantee later approval of a plan of operations covering a subsequent phase.

§ 9.31 Definitions.

The terms used in this Subpart shall have the following meanings:

(a) Secretary. The Secretary of the Interior.

(b) Director. The Director of the National Park Service or his designee.

(c) Operations. All functions, work and activities within a unit in connection with exploration for and development of oil and gas resources, the right to which is not owned by the United States, including: gathering basic information required to comply with this Subpart, prospecting, exploration, surveying, preproduction development and production; gathering, onsite storage, transport or processing of petroleum products; surveillance, inspection, monitoring, or maintenance of equipment; reclamation of the surface disturbed by such activities; and all activities and uses reasonably incident thereto performed within a unit, including construction or use of roads, pipelines, or other means of access or transportation on, across, or through federally owned or controlled lands and waters, regardless of whether such activities and uses take place on Federal, State or private lands.

(d) Operator. A person conducting or proposing to conduct operations.

(e) Person. Any individual, firm, partnership, corporation, association, or other entity.

(f) Superintendent. The Superintendent, or his designee, of the unit of the National Park System containing lands subject to the rights covered by these regulations.

(g) Commercial Vehicle. Any motorized equipment used in direct or indirect support of operations.

(h) Unit. Any National Park System area.

(i) Owner. The owner, or his legal representative, of the rights to oil and gas being exercised.

(j) Designated Roads. Those existing roads determined by the Superintendent in accordance with 36 CFR 1.5 and § 4.19 to be open for the use of the general public or for the exclusive use of an operator.

(k) Oil. Any viscous combustible liquid hydrocarbon or solid hydrocarbon substance easily liquifiable on warming which occurs naturally in the earth, including drip gasoline or other natural condensates recovered from gas without resort to manufacturing process.

(l) Gas. Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at ordinary temperature and pressure conditions.

(m) Site. Those lands or waters on which operations are to be carried out.

(n) Contaminating substances. Those substances, including but not limited to, salt water or any other injurious or toxic chemcial, waste oil or waste emulsified oil, basic sediment, mud with injurious or toxic additives, or injurious or toxic substances produced or used in the drilling, development, production, transportation, or on-site storage, refining, and processing of oil and gas.

(o) Statement for Management. A National Park Service planning document used to guide short- and long-term management of a unit; to determine the nature and extent of planning required to meet the unit's management objectives; and, in the absence of more specific planning documents, to provide a general framework for directing park operations and communicating park objectives to the public.

§ 9.32 Access.

(a) No access on, across or through lands or waters owned or controlled by the United States to a site for operations will be granted except for operations covered by § 9.33 and, except as provided by § 9.38, until the operator has filed a plan of operations pursuant to § 9.36 and has had the plan of operations approved in accordance with § 9.37. An approved plan of operations serves as the operator's access permit.

(b) No operations shall be conducted on a site within a unit, access to which is on, across or through federally-owned or controlled lands or waters except in accordance with an approved plan of operations, the terms of § 9.33 or approval under § 9.38.

(c) Any operator intending to use aircraft of any kind for access to a federally-owned or controlled site must comply with these regulations. Failure of an operator to receive the proper approval under these regulations prior to using aircraft in this manner is a violation of both these regulations and 36 CFR 2.17.

(d) No access to a site outside a unit will be permitted across unit lands unless such access is by foot, pack animal, or designated road. Persons using designated roads for access to such a site must comply with the terms of § 9.50 where applicable.

(e) Any operator on a site outside the boundaries of a unit must comply with these regulations if he is using directional drilling techniques which result in the drill hole crossing into the unit and passing under any land or water the surface of which is owned by the United States. Except, that the operator need not comply in those areas where, upon application of the operator or upon his own action, the Regional Director is able to determine from available data, that such operations pose no significant threat of damage to park resources, both surface and subsurface, resulting from surface subsidence, fracture of geological formations with resultant fresh water acquifer contamination, or natural gas escape, or the like.

§ 9.33 Existing operations.

(a) Any person conducting operations on January 8, 1979 in accordance with a Federal or State issued permit may continue to do so as provided by this section. After expiration of such existing permits no operations shall be conducted except under an approved plan of operations, unless access is granted by the Regional Director under § 9.38.

(1) All Federal special use permits dealing with access on, across or through lands or waters owned or controlled by the United States to a site for the conduct of operations within any unit issued prior to January 8, 1979 shall expire according to their terms and shall not be renewed, unless by the terms of the existing permit it must be renewed.

(2) All operations on a site in a unit access to which is on, across, or through federally owned or controlled lands or waters conducted pursuant to a valid State access permit may be continued for the term of that permit, exclusive of any renewal period whether mandatory or discretionary, if conducted in accordance with the permit.

(b) Any person conducting operations on January 8, 1979 in a unit where Federal or State permits were not required prior to January 8, 1979 may continue those operations pending a final decision on his plan of operations; Provided, That:

(1) The operator (within thirty (30) days of January 8, 1979), notifies the Superintendent in writing of the nature and location of the operations; and

(2) Within sixty (60) days after such notification, the operator submits, in accordance with these regulations, a substantially complete proposed plan of operations for those operations;

(3) Failure to comply with § 9.33(b) (1) and (2) shall constitute grounds for the suspension of operations.

(c) At any time when operations which are allowed to continue under § 9.33 (a) and (b) pose an immediate threat of significant injury to federally owned or controlled lands or waters, the Superintendent shall require the operator to suspend operations immediately until the threat is removed or remedied. The Superintendent must, within five (5) days of this suspension notify the operator in writing of the reasons for the suspension and of his right to appeal the suspension under § 9.48.

§ 9.34 Transfers of interest.

(a) Whenever an owner of rights being exercised under an approved plan of operations sells, assigns, bequeaths, or otherwise conveys all or any part of those rights, he, his agent, executor, or representative must notify the Superintendent within sixty (60) days of the transfer of: the site(s) involved; the name and address of the person to whom an interest has been conveyed; and a description of the interest transferred. Failure to so notify the Superintendent shall render the approval of any previously approved plan of operations void.

(b) The transferring owner shall remain responsible for compliance with the plan of operations and shall remain liable under his bond until such time as the Superintendent is notified of the transfer in accordance with paragraph (a). At that time the Superintendent will prohibit the new owner from operating until such time as the new owner has filed with the Superintendent: (1) A statement ratifying the existing plan of operations and stating his intent to be bound thereby, or a new plan of operations, and (2) a suitable substitute performance bond which complies with the requirements of § 9.48.

§ 9.35 Use of water.

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 operator shows either that his right to the use of the water is superior to any claim of the United States to the water, or where the operator's claim to the water is subordinate to that of the United States that the removal of the water from the water system will not damage the unit's resources. In either situation, the operator's use of water must comply with appropriate State water laws.

§ 9.36 Plan of operations.

(a) The proposed plan of operations shall include, as appropriate to the proposed operations, the following:

(1) The names and legal addresses of the following persons: The operator, and the owner(s) or lessee(s) (if rights are State-owned) other than the operator;

(2) Copy of the lease, deed, designation of operator, or assignment of rights upon which the operator's right to conduct operations is based;

(3) A map or maps showing the location of the perimeter of the area where the operator has the right to conduct operations, as described in § 9.36(a)(2), referenced to the State plane coordinate system or other public land survey as acceptable to the Superintendent;

(4) A map or maps showing the location, as determined by a registered land surveyor or civil engineer, of a point within a site of operations showing its relationship to the perimeter of the area described in § 9.36(a)(2) and to the perimeter of the site of operations; the location of existing and proposed access roads or routes to the site; the boundaries of proposed surface disturbance; the location of proposed drilling; location and description of all surface facilities including sumps, reserve pits and ponds; location of tank batteries, production facilities and gathering, service and transmission lines; wellsite layout; sources of construction materials such as fill; and the location of ancillary facilities such as camps, sanitary facilities, water supply and disposal facilities, and airstrips. The point within the site of operations identified by registered land surveyor or civil engineer shall be marked with a permanent ground monument acceptable to the Superintendent, shall contain the point's State plane coordinate values, and shall be placed at least to an accuracy of third order, class I, unless otherwise authorized by the Superintendent;

(5) A description of the major equipment to be used in the operations, including a description of equipment and methods to be used for the transport of all waters used in or produced by operations, and of the proposed method of transporting such equipment to and from the site;

(6) An estimated timetable for any phase of operations for which approval is sought and the anticipated date of operation completion;

(7) The geologic name of the surface formation;

(8) The proposed drilling depth, and the estimated tops of important geologic markers;

(9) The estimated depths at which anticipated water, brines, oil, gas, or other mineral bearing formations are expected to be encountered;

(10) The nature and extent of the known deposit or reservoir to be produced and a description of the proposed operations, including:

(i) The proposed casing program, including the size, grade, and weight of each string, and whether it is new or used;

(ii) The proposed setting depth of each casing string, and the amount of type of cement, including additives, to be used;

(iii) The operator's minimum specifications for pressure control equipment which is to be used, a schematic diagram thereof showing sizes, pressure ratings, and the testing procedures and testing frequency;

(iv) The type and characteristics of the proposed circulating medium or mediums to be employed for rotary drilling and the quantities and types of mud and weighting material to be maintained;

(v) The testing, logging, and coring programs to be followed;

(vi) Anticipated abnormal pressures or temperatures expected to be encountered; or potential hazards to persons and the environment such as hydrogen sulfide gas or oil spills, along with plans for mitigation of such hazards;

(11) A description of the steps to be taken to comply with the applicable operating standards of § 9.41 of this subpart;

(12) Provisions for reclamation which will result in compliance with the requirements of § 9.39:

(13) A breakdown of the estimated costs to be incurred during the implementation of the reclamation plan;

(14) Methods for disposal of all rubbish and other solid and liquid wastes, and contaminating substances;

(15) An affidavit stating that the operations planned are in compliance with all applicable Federal, State and local laws and regulations;

(16) Background information, including:

(i) A description of the natural, cultural, social and economic environments to be affected by operations, including a description and/or map(s) of the location of all water, abandoned, temporarily abandoned, disposal, production, and drilling wells of public record within a two-mile radius of the proposed site. Where such information is available from documents identified in § 9.36(d), specific reference to the document and the location within the document where such information can be found will be sufficient to satisfy this requirement;

(ii) The anticipated direct and indirect effects of the operations on the unit's natural, cultural, social, and economic environment;

(iii) Steps to be taken to insure minimum surface disturbance and to mitigate any adverse environmental effects, and a discussion of the impacts which cannot be mitigated;

(iv) Measures to protect surface and subsurface waters by means of casing and cement, etc.;

(v) All reasonable technologically feasible alternative methods of operations, their costs, and their environmental effects, and

(vi) The effects of the steps to be taken to achieve reclamation;

(17) Any other facets of the proposed operations which the operator wishes to point out for consideration; and

(18) Any additional information that is required to enable the Superintendent to establish whether the operator has the right to conduct operations as specified in the plan of operations; to effectively analyze the effects that the operations will have on the preservation, management and public use of the unit; and to make a recommendation to the Regional Director regarding approval or disapproval of the plan of operations and the amount of the performance bond to be posted.

(b) Where any information required to be submitted as part of a proposed plan of operations has been submitted to the Superintendent in substantially the same form in a prior approved plan of operations, a specific cross-reference to that information contained in the prior approved plan of operations will be sufficient to incorporate it into the proposed plan and will satisfy the applicable requirement of this section.

(c) Information and materials submitted in compliance with this section will not constitute a plan of operations until information required by § 9.36(a) (1) through (18), which the Superintendent determines as pertinent to the type of operations proposed, has been submitted to and determined adequate by the Regional Director.

(d) In all cases the plan of operations must consider and discuss the unit's Statement for Management and other planning documents as furnished by the Superintendent, and activities to control, minimize or prevent damage to the recreational, biological, physical, scientific, cultural, and scenic resources of the unit, and any reclamation procedures suggested by the Superintendent.

§ 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 § 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 public comment period specified by the Regional Director, he shall comply with § 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 § 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 § 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.

§ 9.38 Temporary approval.

(a) The Regional Director may approve on a temporary basis:

(1) Access on, across or through federally-owned or controlled lands or waters for the purpose of collecting basic information necessary to enable timely compliance with these regulations. Such temporary approval shall be for a period not in excess of sixty (60) days.

(2) The continuance of existing operations, if their suspension would result in an unreasonable economic burden or injury to the operator; provided that such operations must be conducted in accordance with all applicable laws, and in a manner prescribed by the Regional Director designed to minimize or prevent significant environmental damage; and provided that within sixty (60) days of the granting of such temporary approval the operator either:

(i) Submits an initial substantially complete plan of operations; or

(ii) If a proposed plan of operations has been submitted, responds to any outstanding requests for additional information.

(b) The Regional Director may approve new operations on a temporary basis only when:

(1) The Regional Director finds that the operations will not cause significant environmental damage or result in significant new or additional surface disturbance to the unit; and either

(2) The operator can demonstrate a compelling reason for the failure to have had timely approval of a proposed plan of operations; or

(3) The operator can demonstrate that failure to grant such approval will result in an unreasonable economic burden or injury to the operator.

§ 9.39 Reclamation requirements.

(a) Within the time specified by the reclamation provisions of the plan of operations, which shall be as soon as possible after completion of approved operations and shall not be later than six (6) months thereafter unless a longer period of time is authorized in writing by the Regional Director, each operator shall initiate reclamation as follows:

(1) Where the Federal government does not own the surface estate, the operator shall at a minimum:

(i) Remove or neutralize any contaminating substances; 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 or waters, including removal of above ground structures and equipment used for operations, except that such structures and equipment may remain where they are to be used for continuing operations which are the subject of another approved plan of operations or of a plan which has been submitted for approval.

(2) On any site where the surface estate is owned or controlled by the Federal government, each operator must take steps to restore natural conditions and processes. These steps shall include but are not limited to:

(i) Removing all above ground structures, equipment and roads used for operations, except that such structures, equipment and roads may remain where they are to be used for continuing operations which are the subject of another approved plan of operations or of a plan which has been submitted for approval, or unless otherwise authorized by the Regional Director consistent with the unit purpose and management objectives;

(ii) Removing all other man-made debris resulting from operations;

(iii) Removing or neutralizing any contaminating substances;

(iv) Plugging and capping all nonproductive wells and filling dump holes, ditches, reserve pits and other excavations;

(v) 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;

(vi) Replacing the natural topsoil necessary for vegetative restoration; and

(vii) 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, and the return of the area to a condition which does not jeopardize visitor safety or public use of the unit.

§ 9.40 Supplementation or revision of plan of operations.

(a) A proposal to supplement or revise an approved plan of operations may be made by either the operator or the Regional Director to adjust the plan to changed conditions or to address conditions not previously contemplated by notifying the appropriate party in writing of the proposed alteration and the justification therefore.

(b) Any proposed supplementation or revision of a plan of operations initiated under paragraph (a) of this section by either party shall be reviewed and acted on by the Regional Director in accordance with § 9.37. If failure to implement proposed changes would not pose an immediate threat of significant injury to federally-owned or controlled lands or waters, the operator will be notified in writing sixty (60) days prior to the date such changes become effective, during which time the operator may submit comments on proposed changes. If failure to implement proposed changes would pose immediate threat of significant injury to federally-owned or controlled lands or waters, the provisions of § 9.33(c) apply.

§ 9.41 Operating standards.

The following standards shall apply to operations within a unit:

(a) Surface operations shall at no time be conducted within 500 feet of the banks of perennial, intermittent or ephemeral watercourses; or within 500 feet of the high pool shoreline of natural or man-made impoundments; or within 500 feet of the mean high tideline; or within 500 feet of any structure or facility (excluding roads) used for unit interpretation, public recreation or for administration of the unit, unless specifically authorized by an approved plan of operations.

(b) The operator shall protect all survey monuments, witness corners, reference monuments and bearing trees against destruction, obliteration, or damage from 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 operations.

(c) Whenever drilling or producing operations are suspended for 24 hours or more, but less than 30 days, the wells shall be shut in by closing wellhead valves or blowout prevention equipment. When producing operations are suspended for 30 days or more, a suitable plug or other fittings acceptable to the Superintendent shall be used to close the wells.

(d) The operator shall mark each and every operating derrick or well in a conspicuous place with his name or the name of the owner, and the number and location of the well, and shall take all necessary means and precautions to preserve these markings.

(e) Around existing or future installations, e.g., well, storage tanks, all high pressure facilities, fences shall be built for protection of unit visitors and wildlife, and protection of said facilities unless otherwise authorized by the Superintendent. Fences erected for protection of unit visitors and wildlife shall be of a design and material acceptable to the Superintendent, and where appropriate, shall have at least one gate which is of sufficient width to allow access by fire trucks. Hazards within visitor use areas will be clearly marked with warning signs acceptable to the Superintendent.

(f) The operator shall carry on all operations and maintain the site at all times in a safe and workmanlike manner, having due regard for the preservation of the environment of the unit. The operator shall take reasonable steps to prevent and shall remove accumulations of oil or other materials deemed to be fire hazards from the vicinity of well locations and lease tanks, and shall remove from the property or store in an orderly manner all scrap or other materials not in use.

(g) Operators will be held fully accountable for their contractor's or subcontractor's compliance with the requirements of the approved plan of operations.

§ 9.42 Well records and reports, plots and maps, samples, tests and surveys.

Any technical data gathered during the drilling of any well, including daily drilling reports and geological reports, which are submitted to the State pursuant to State regulations, or to any other bureau or agency of the Federal government shall be available for inspection by the Superintendent upon his request.

§ 9.43 Precautions necessary in areas where high pressures are likely to exist.

When drilling in "wildcat" territory, or in any field where high pressures are likely to exist, the operator shall take all necessary precautions for keeping the well under control at all times and shall install and maintain the proper high-pressure fittings and equipment to assure proper well control. Under such conditions the surface string must be cemented through its length, unless another procedure is authorized or prescribed by the Superintendent, and all strings of casing must be securely anchored.

§ 9.44 Open flows and control of "wild" wells.

The operator shall take all technologically feasible precautions to prevent any oil, gas, or water well from blowing open or becoming "wild," and shall take immediate steps and exercise due diligence to bring under control any "wild" well, or burning oil or gas well.

§ 9.45 Handling of wastes.

Oilfield brine, and all other waste and contaminating substances must be kept in the smallest practicable area, must be confined so as to prevent escape as a result of percolation, rain, high water or other causes, and such wastes must be stored and disposed of or removed from the area as quickly as practicable in such a manner as to prevent contamination, pollution, damage or injury to the lands, water (surface and subsurface), facilities, cultural resources, wildlife, and vegetation of or visitors of the unit.

§ 9.46 Accidents and fires.

The operator shall take technologically feasible precautions to prevent accidents and fires, shall notify the Superintendent within 24 hours of all accidents involving serious personal injury or death, or fires on the site, and shall submit a full written report thereon within ninety (90) days. This report supersedes the requirement outlined in 36 CFR 2.17, but does not relieve persons from the responsibility of making any other accident reports which may be required under State or local laws.

§ 9.47 Cultural resource protection.

(a) Where the surface estate of the site is owned by the United States, the operator shall not, without written authorization of the Superintendent, injure, alter, destroy, or collect any site, structure, object, or other value of historical, archeological, or other cultural scientific importance in violation of the Antiquities Act (16 U.S.C. 431-433 (See 43 CFR Part 3).

(b) Once approved operations have commenced, the operator shall immediately bring to the attention of the Superintendent any cultural or scientific resource encountered 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.

§ 9.48 Performance bond.

(a) Prior to 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, and the plan of operations as approved, revised or supplemented. This performance bond is in addition to and not in lieu of any bond or security deposit required by other regulatory authorities.

(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. When bonds are to serve as security, there must be provided to the Secretary a power of attorney.

(c) In the event that an approved plan of operations is revised or supplemented in accordance with § 9.40, the Regional Director may adjust the amount of the bond or security deposit to conform to the modified plan of operations.

(d) The bond or security deposit shall be in an amount:

(1) Equal to the estimated cost of reclaiming the site, either in its entirety or in phases, that has been damaged or destroyed as a result of operations conducted in accordance with an approved, supplemented, plan of operations; plus

(2) An amount set by the Superintendent consistent with the type of operations proposed, to bond against the liability imposed by § 9.51(a); to provide the means for rapid and effective cleanup; and to minimize damages resulting from an oil spill, the escape of gas, wastes, contaminating substances, or fire caused by operations. This amount shall not exceed twenty-five thousand dollars ($ 25,000) for geophysical surveys when using more than one field party or five thousand dollars ($ 5,000) when operating with only one field party, and shall not exceed fifty thousand dollars ($ 50,000) for each wellsite or other operation.

(3) When an operator's total bond or security deposit with the National Park Service amounts to two hundred thousand dollars ($ 200,000) for activities conducted within a given unit, no further bond requirements shall be collected for additional activities conducted within that unit, and the operator may substitute a blanket bond of two hundred thousand dollars ($ 200,000) for all operations conducted within the unit.

(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 and, where a well has been drilled, the well has been properly plugged and abandoned. If all efforts to secure the operator's compliance with pertinent provisions of the approved plan of operations are unsuccessful, the operator's surety company will be required to perform reclamation in accordance with the approved plan of operations.

(f) Within thirty (30) days after determining that all reclamation requirements of an approved plan of operations are completed, including proper abandonment of the well, the Regional Director shall notify the operator that the period of liability under the bond or security deposit has been terminated.

§ 9.49 Appeals.

(a) Any operator aggrieved by a decision of the Regional Director in connection with the regulations in this Subpart may file with the Regional Director a written statement setting forth in detail the respects in which the decision is contrary to, or is in conflict with the facts, the law, or 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 for review and decision. Copies of the Regional Director's statement shall be furnished to the aggrieved operator, who shall have thirty (30) 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 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 was the record on which his decision was based at the time it was 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.

(f) Where, under this Subpart, the Superintendent has the authority to make the original decision, appeals may be taken in the manner provided by this section, as if the decision had been made by the Regional Director, except that the original statement of appeal shall be filed with the Superintendent, and if he decides not to reverse his original decision, the Regional Director shall have, except as noted below, the final review authority. The only decision of a Regional Director under this paragraph which shall be appealable by the Director is an appeal from a suspension under § 9.51(b). Such an appeal shall follow the procedure of paragraphs (a)-(3) of this section.

§ 9.50 Use of roads by commercial vehicles.

(a) After January 8, 1978, no commercial vehicle shall use roads administered by the National Park Service without being registered with the Superintendent. Roads must be used in accordance with procedures outlined in an approved plan of operations.

(1) A fee shall be charged for such registration and use based upon a posted fee schedule. The fee schedule posted shall be subject to change upon sixty (60) days of 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 in writing by the Superintendent, or unless authorized by an approved plan of operations.

(c) Should a commercial vehicle used in operations cause damage to roads, resources or other facilities of the National Park Service, the operator shall be liable for all damages so caused.

§ 9.51 Damages and penalties.

(a) The operator shall be held liable for any damages to federally-owned or controlled lands, waters, or resources resulting from his failure to comply with either his plan of operations, or, where operations are continued pursuant to § 9.33, failure to comply with the applicable permit or, where operations are temporarily approved under § 9.38, failure to comply with the terms of that approval.

(b) The operator agrees, as a condition for receiving an approved plan of operations, that he will hold harmless the United States and its employees from any damages or claims for injury or death of persons and damage or loss of property by any person or persons arising out of any acts or omissions by the operator, his agents, employees or subcontractors done in the course of operations.

(c) Undertaking any operations within the boundaries of any unit in violation of this Subpart shall be deemed a trespass against the United States and shall be cause for revocation of approval of the plan of operations.

(1) When a violation by an operator under an approved plan of operations is discovered, and if it does not pose an immediate threat of significant injury to federally-owned or controlled lands or waters, the operator will be notified in writing by the Superintendent and will be given ten (10) days to correct the violation; if the violation is not corrected within ten (10) days, approval of the plan of operations will be suspended until such time as the violation is corrected.

(2) If the violation poses an immediate threat of significant injury to federally-owned or controlled lands or waters, approval of the plan of operations will be immediately suspended until such time as the violation is corrected. The operator will be notified in writing within five (5) days of any suspension and shall have the right to appeal that decision under § 9.48.

(3) Failure to correct any violation or damage to federally owned or controlled lands, waters or resources caused by such violations will result in revocation of plan of operations approval.

§ 9.52 Public inspection of documents.

(a) When a Superintendent receives a request for permission for access on, across or through federally-owned or controlled lands or waters for the purpose of conducting operations, the Superintendent shall publish a notice of this request in a newspaper of general circulation in the county(s) in which the lands are situated, or in such publications as deemed appropriate by the Superintendent.

(b) Upon receipt of the plan of operations in accordance with § 9.35(c), the Superintendent shall publish a notice in the FEDERAL REGISTER advising the availability of the plan for public review and comment. Written comments received within thirty (30) days will become a part of the official record. As a result of comments received or if otherwise deemed appropriate by the Superintendent, he may provide additional opportunity for public participation to review the plan of operations.

(c) Any document required to be submitted pursuant to the regulations in this Subpart shall be made available for public inspection at the office of the Superintendent during normal business hours, unless otherwise available pursuant to § 9.51(b). This does not include those records only made available for the Superintendent's inspection under § 9.41 of this Subpart or those records determined by the Superintendent to contain proprietary or confidential information. The availability of such records for inspection shall be governed by the rules and regulations found at 43 CFR Part 2.

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