C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 228—MINERALS › Subpart C—Disposal of Mineral Materials

36 C.F.R. § 228.47

General terms and conditions of contracts and permits

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(a) Disposal of designated mineral materials. Only those specified mineral materials found within the area designated in the contract or permit may be extracted and removed.

(b) Unauthorized removal (trespass) of mineral materials. The removal of mineral materials from National Forest lands, except when authorized in accordance with applicable law and regulations of the Department of Agriculture, is prohibited (36 CFR 261.9).

(c) Conservation. Mineral material contracts and permits must contain provisions to ensure the efficient removal and conservation of the mineral material.

(d) Improvements. Contracts and permits must contain provisions for removal or Government retention of improvements.

(e) Use of existing National Forest development roads. The authorized officer may require purchasers and permittees to obtain appropriate road-use permits, make deposits for or perform their commensurate share of road maintenance, and comply with road-use rules contained in 36 CFR part 212, depending upon their planned extent of road use.

(f) Reclamation. Requirements for reclamation of areas disturbed by mineral material operations must be included in contracts and permits, except for disposals from community sites and common-use areas.

Notes of Decisions
Cited in 2 cases, 2010–2013 · leading case: Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010).
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Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010). “See generally 36 C.F.R. §§ 228.47 -.67. Subpart A of these regulations governs the removal of “Locatable Minerals” (i.”
Copar Pumice Co., Inc. v. United States, 112 Fed. Cl. 515 (Fed. Cl. 2013). “All pumice less than 3/4" in diameter is common variety, and its unauthorized removal is a vio *538 lation as defined in 36 CFR 228.47(b) and 36 CFR 261.9(b). Id.”
— 36 C.F.R. § 228.47(b) — 1 case
Copar Pumice Co., Inc. v. United States, 112 Fed. Cl. 515 (Fed. Cl. 2013). “All pumice less than 3/4" in diameter is common variety, and its unauthorized removal is a vio *538 lation as defined in 36 CFR 228.47(b) and 36 CFR 261.9(b). Id.”
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