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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Applicability. In addition to the activities for which a plan of operations is required under § 228.4 of this chapter, a plan of operations is required when a proposed operation within the SRNRA involves mechanical or motorized equipment, including a suction dredge and/or sluice.
(b) Information to support valid existing rights. A proposed plan of operations within the SRNRA must include at least the following information on the existence of valid existing rights:
(1) The mining claim recordation serial number assigned by the Bureau of Land Management;
(2) A copy of the original location notice and conveyance deeds, if ownership has changed since the date of location;
(3) A copy of affidavits of assessment work or notices of intention to hold the mining claim since the date of recordation with the Bureau of Land Management;
(4) Verification by the Bureau of Land Management that the holding or maintenance fees have been paid or have been exempted;
(5) Sketches or maps showing the location of past and present mineral workings on the claims and information sufficient to locate and define the mining claim corners and boundaries on the ground;
(6) An identification of the valuable mineral that has been discovered;
(7) An identification of the site within the claims where the deposit has been discovered and exposed;
(8) Information on the quantity and quality of the deposit including copies of assays or test reports, the width, locations of veins, the size and extent of any deposit; and
(9) Existing evidence of past and present sales of the valuable mineral.
(c) Minimum information on proposed operations. In addition to the requirements of paragraph (b) of this section, a plan of operations must include the information required at §§ 228.4 (c)(1) through (c)(3) of this chapter which includes information about the proponent and a detailed description of the proposed operation. In addition, if the operator and claim owner are different, the operator must submit a copy of the authorization or agreement under which the proposed operations are to be conducted. A plan of operations must also address the environmental requirements of § 228.8 of this chapter which includes reclamation. In addition, a plan of operations also must include the following:
(1) An identification of the hazardous materials and any other toxic materials, petroleum products, insecticides, pesticides, and herbicides that will be used during the mineral operation, and the proposed means for disposing of such substances;
(2) An identification of the character and composition of the mineral wastes that will be used or generated and a proposed method or strategy for their placement, control, isolation, or removal; and
(3) An identification of how public health and safety are to be maintained.
Cite this article: FindLaw.com - Code of Federal Regulations Title 36. Parks, Forests, and Public Property § 36.292.63 Plan of operations—supplementary requirements - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-36-parks-forests-and-public-property/cfr-sect-36-292-63/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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