TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 292 - NATIONAL RECREATION AREAS

subpart g - SMITH RIVER NATIONAL RECREATION AREA

292.70 - Indemnification.

The owner and/or operator of mining claims and the owner and/or lessee of outstanding mineral rights are jointly and severally liable in accordance with Federal and State laws for indemnifying the United States for the following: (a) Costs, damages, claims, liabilities, judgments, injury and loss, including those incurred from fire suppression efforts, and environmental response actions and cleanup and abatement costs incurred by the United States and arising from past, present, and future acts or omissions of the owner, operator, or lessee in connection with the use and occupancy of the unpatented mining claim and/or mineral operation.

This includes acts or omissions covered by Federal, State, and local pollution control and environmental statutes and regulations.

  (b) Payments made by the United States in satisfaction of claims, demands, or judgments for an injury, loss, damage, or costs, including for fire suppression and environmental response action and cleanup and abatement costs, which result from past, present, and future acts or omissions of the owner, operator, or lessee in connection with the use and occupancy of the unpatented mining claim and/or mineral operations.

  (c) Costs incurred by the United States for any action resulting from noncompliance with an approved plan of operations or activities outside an approved operating plan.