36 C.F.R. § 9.38 Temporary approval.
Title 36 - Parks, Forests, and Public Property
(a) The Regional Director may approve on a temporary basis: (1) Access on, across or through federally-owned or controlled lands or waters for the purpose of collecting basic information necessary to enable timely compliance with these regulations. Such temporary approval shall be for a period not in excess of sixty (60) days. (2) The continuance of existing operations, if their suspension would result in an unreasonable economic burden or injury to the operator; provided that such operations must be conducted in accordance with all applicable laws, and in a manner prescribed by the Regional Director designed to minimize or prevent significant environmental damage; and provided that within sixty (60) days of the granting of such temporary approval the operator either: (i) Submits an initial substantially complete plan of operations; or (ii) If a proposed plan of operations has been submitted, responds to any outstanding requests for additional information. (b) The Regional Director may approve new operations on a temporary basis only when: (1) The Regional Director finds that the operations will not cause significant environmental damage or result in significant new or additional surface disturbance to the unit; and either (2) The operator can demonstrate a compelling reason for the failure to have had timely approval of a proposed plan of operations; or (3) The operator can demonstrate that failure to grant such approval will result in an unreasonable economic burden or injury to the operator. [43 FR 57825, Dec. 8, 1978, as amended at 44 FR 37914, June 29, 1979]
Title 36: Parks, Forests, and Public Property
PART 9—MINERALS MANAGEMENT
Subpart B—Non-Federal Oil and Gas Rights
§ 9.38 Temporary approval.
