36 C.F.R. § 228.2
Scope
These regulations apply to operations hereafter conducted under the United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et seq.), as they affect surface resources on all National Forest System lands under the jurisdiction of the Secretary of Agriculture to which such laws are applicable: Provided, however, That any area of National Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q) is subject to the provisions of this part and the provisions of the special act, and in the case of conflict the provisions of the special act shall apply.
Notes of Decisions
Cited in 3
cases, 1998–2012 · leading case: Karuk Tribe v. United States Forest Serv., 681 F.3d 1006 (9th Cir. 2012).
Karuk Tribe v. United States Forest Serv., 681 F.3d 1006 (9th Cir. 2012). “36 C.F.R. § 228.2 (2004).1 All mining “operations” must “be conducted so as, where feasible, to minimize adverse environmental impacts on National Forest surface resources.”
Manning v. United States, 146 F.3d 808 (10th Cir. 1998). “” 36 C.F.R. § 228.2 (1997). The Forest Service regulations, like the Interior Department regulations, define “mining claim” as including “[a]ny unpatented mining claim or unpat-ented millsite authorized by the United States mining laws of May 10, 1872, as amended.”
Copar Pumice Co., Inc. v. Bosworth, 502 F. Supp. 2d 1200 (D.N.M. 2007). “36 CFR § 228.2 Subpart A. These regulations also provide for the issuance of a notice of noncomplianee if a mining operator is not in compliance with the plan of operation and if the noncompliance is causing injury, damage or loss to surface resources— much like the Notice of…”
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