36 CFR 228.1 - Purpose
| Cite as | 36 CFR 228.1 |
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42 practice notes
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Clarification for the Appropriate Use of a Criminal or a Civil Citation to Enforce Mineral Regulations
...to use and occupy NFS lands for mining purposes, and reasonably incidental uses while minimizing adverse environmental impacts (See 36 CFR 228.1 and Comment: A mining district stated its interest pertains directly to how the amendments would be applied to mining operations and reasonably in......
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...and use so as to preserve the national forests “from destruction.” 16 U.S.C. § 551. Plaintiffs count on the regulations set forth at 36 C.F.R. §§ 228.1-228.8, although those regulations do not relate directly to the agency but instead prescribe the obligations and standards to which the min......
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Karuk Tribe of Cal. v. U.S. Forest Serv., No. 05–16801.
...regulations to minimize the adverse environmental impacts of mining activities in National Forests. 39 Fed.Reg. 31,317 (Aug. 28, 1974); 36 C.F.R. § 228.1 (2004). The regulations establish three different categories of mining, based on whether the proposed activities “will not cause,” “might......
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Siskiyou Regional Education Project v. Rose, No. Civ. 98-3069-CO.
...Plan amended the Siskiyou National Forest LRMP, the Forest Service had regulations in effect governing mining on national forest lands, 36 C.F.R. §§ 228.1-15. Under these regulations, "a person proposing an action which `might cause disturbance of the surface resources' is required to submi......
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36 cases
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Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
...and use so as to preserve the national forests “from destruction.” 16 U.S.C. § 551. Plaintiffs count on the regulations set forth at 36 C.F.R. §§ 228.1-228.8, although those regulations do not relate directly to the agency but instead prescribe the obligations and standards to which the min......
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Granite Rock Co. v. California Coastal Com'n, No. C-83-5137-WWS.
...("CZMA") and the Mining Act of 1872, 30 U.S.C. §§ 21 et seq. ("Mining Act"), federal regulations issued by the National Forest Service, 36 C.F.R. §§ 228.1 et seq. (1983), and a state statute, the California Coastal Act, Cal.Pub.Res.Code §§ 30000 et seq. ("CCA"). At issue is whether plaintif......
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Uecker v. U.S. Forest Serv., Civil Action No. 17-cv-02879-RM-KLM
...required by the Forest Service to submit and have an approved mining plan of operations to validly work a mining claim on NFS land. See 36 C.F.R. § 228.1 (stating that mining operations "shall be conducted so as to minimize adverse environmental impacts on [NFS] surface resources"); 36 C.F.......
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Copar Pumice Co., Inc. v. Tidwell, No. 07-2211.
...mining operations "shall be conducted so as to minimize adverse environmental impacts on National Forest System surface resources." 36 C.F.R. § 228.1. Mining operators must submit a plan of operations for approval, which must include a description of mining operations, "the period during wh......
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2 books & journal articles
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Planning and Law: Shaping the Legal Environment of Land Development and Preservation
...to regulate these activities to different agencies. The stated purpose of part 228, subpart A of the Forest Service regulations, 36 CFR § 228.1 (1986), is to “set forth rules and procedures” through which mining on unpatented claims in national forests “shall be conducted so as to minimize ......
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Planning and Law: Shaping the Legal Environment of Land Development and Preservation
...authority to regulate these activities to diferent agencies. he stated purpose of part 228, subpart A of the Forest Service regulations, 36 C.F.R. §228.1 (1986), is to “set forth rules and procedures” through which mining on unpatented claims in national forests “shall be conducted so as to......