C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 228—MINERALS › Subpart A—Locatable Minerals

36 C.F.R. § 228.12

Access

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An operator is entitled to access in connection with operations, but no road, trail, bridge, landing area for aircraft, or the like, shall be constructed or improved, nor shall any other means of access, including but not limited to off-road vehicles, be used until the operator has received approval of an operating plan in writing from the authorized officer when required by § 228.4(a). Proposals for construction, improvement or use of such access as part of a plan of operations shall include a description of the type and standard of the proposed means of access, a map showing the proposed route of access, and a description of the means of transportation to be used. Approval of the means of such access as part of a plan of operations shall specify the location of the access route, design standards, means of transportation, and other conditions reasonably necessary to protect the environment and forest surface resources, including measures to protect scenic values and to insure against erosion and water or air pollution.

Notes of Decisions
Cited in 2 cases, 1999–2010 · leading case: Pub. Lands for the People, Inc. v. United States Dep't of Agric., 733 F. Supp. 2d 1172 (E.D. Cal. 2010).
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Pub. Lands for the People, Inc. v. United States Dep't of Agric., 733 F. Supp. 2d 1172 (E.D. Cal. 2010). “36 C.F.R. § 228.12 . Approval of a plan of operations is a federal agency action subject to the National Environmental Policy Act.”
Park Lake Resources Ltd. Liab. Co. v. United States Dep't of Agric., 197 F.3d 448 (10th Cir. 1999). “8 (mining operations on forest land must be conducted to minimize adverse environmental impacts); 36 C.F.R. § 228.12 (when reviewing means of access to mining claims in proposed plans, Forest Service must specify all “conditions reasonably necessary to protect the environment…”
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