Title 36:
Parks, Forests, and Public Property
PART 9MINERALS MANAGEMENT
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Subpart AMining 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.
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]
9.2 Definitions.
The terms used in this part shall have the following meanings:
(a) Secretary. The Secretary of the Interior.
(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]
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 9.7 for restrictions on assessment work and 9.9(d) and
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 9.9. No permit shall be issued until the plan of
operations has been approved in accordance with 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 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]
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,
Mount McKinley National Park, or Organ Pipe Cactus National Monument (see
also claims subject to 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 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 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 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 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 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.
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 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 24) and 245 DM (42 FR 12931), as
amended)
[44 FR 20427, Apr. 5, 1979]
9.6 Transfers of interest.
(a) Whenever a claimant who has recorded his unpatented claim(s) with
the Superintendent pursuant to the requirements of 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 9.5(c).
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 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 9.9.)
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.
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.
(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 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 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
9.10(g).)
[42 FR 4835, Jan. 26, 1977, as amended at 44 FR 11069, Feb. 27, 1979]
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 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 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
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,
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. 431433)
(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.
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 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.
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 9.10. Where the operator believes he has been aggrieved
by a decision under this paragraph, he may appeal the decision pursuant to
9.14.
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 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.
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 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.
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.
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.
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.
9.18 Surface use and patent restrictions.
(a) The regulations in 43 CFR 3826.25 and 3826.26, 3826.41(g) and
3826.41(h), and 3826.53 and 3826.54 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 7.45(a) will continue to apply to existing permits until 120 days
after January 26, 1977, unless extended by the Regional Director. (See
9.10(g).
[42 FR 4835, Jan. 26, 1977, as amended at 48 FR 30296, June 30,
1983]
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