(i) The last year in which there was production from this claim or claim group and the amount of production (e.g. pounds, tons, market value etc.);

(ii) The person or company to whom the ore or concentrates were shipped; (iii) The quantity of known reserves on the claim remaining to be mined (e.g. cubic yards, tons etc.) plus a description of the tests conducted and documents which support this estimation of quantity;

(iv) The grade or quality of the known reserves on the claim remaining to be mined (e.g. ounces per cubic yard, assay etc.) plus a description of the tests conducted and documents which support this estimation of grade or quality.

If the permit applicant requests a single mining access permit for contiguous unpatented claims or a group of unpatented claims in the same general area, it shall be stated to what extent the mineral data requested in question 9 of this Subsection exists for each separate claim to be covered by the permit. Permit applications shall be sent to the Area Director, United States Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska, 99503.

(c) Issuance criteria—(1) Within 45 days of receiving a mining access permit application containing the information required in paragraph (b) of this section, the Area Director shall consider the following factors and decide whether to grant the permit, and if so under what conditions or restrictions:

(i) For unpatented claims within the Wildlife Monument whether the supplied mineral data supports a preliminary determination that the permit applicant is the holder of a valid existing right in the specified mining claim(s);

(ii) The anticipated environmental impact of the proposed mining operations and routes and methods of access upon the Wildlife Monument and its related values;

(iii) The existence of reasonable and prudent alternatives to the proposed routes and methods of access which could minimize or avoid the adverse impacts of such access upon the Wildlife Monument and its related values;

(iv) The existence of other proposed mining operations on valid mining claims in the same general area and the possibility of consolidating routes and methods of access among such claims;

(v) Whether an Environmental Impact Statement must be prepared prior to the issuance of the access permit.

If the review of the permit application cannot be completed within 45 days after its receipt, the Area Director shall notify the applicant and set forth the reasons why an additional period of time, not to exceed 30 days, is required to complete the review.

(2) A mining access permit shall not be granted if:

(i) In the case of unpatented mining claims within the Wildlife Monument, it is the preliminary determination of the Area Director that the permit applicant is not the holder of valid existing rights in the claims; or

(ii) The Area Director concludes that the proposed routes and methods of access would constitute a nuisance or would significantly injure or adversely affect the Wildlife Monument and its related values, and that such nuisance, injury or effect could not be adequately mitigated through the imposition of reasonable conditions or restrictions in the mining access permit;

(iii) A reasonable and prudent alternative exists to the proposed routes and methods of access which could minimize or avoid the adverse impacts upon the National Wildlife Monument and its related values; or

(iv) It is determined that an Environmental Impact Statement must be prepared prior to the issuance of a mining access permit.

(d) Appeals process-(1) Any permit applicant aggrieved by a decision of the Area Director in connection with the issuance or denial of a mining access permit may file with the Area Director a written statement setting forth in detail the respects in which the decision is contrary to, or in conflict with, the facts, the law, these regulations, or is otherwise in error. No such appeal will be considered unless it is filed with the Area Director within thirty (30) days after the date of notification to the permit applicant

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of the action or decision complained of. Upon receipt of the written statement from the permit applicant, the Area Director shall promptly review the action or decision and either reverse or reaffirm the original decision. If the Area Director reaffirms his original decision, he shall set forth the reasons therefor and forward his decision and the record on appeal to the Director, United States Fish and Wildlife Service, for review and final decision. Copies of the Area Director's decision on appeal shall be furnished to the permit applicant who shall have 20 days within which to file exceptions to the Area Director's decision. The Fish and Wildlife Service retains the discretion to initiate a hearing before the Office of Hearing and Appeals in a particular case. (See 43 CFR 4.700.)

(2) The Official files of the Fish and Wildlife Service on the proposed mining operations and routes and methods of access, and any testimony and documents submitted by the parties on which the decision of the Area Director was based, shall constitute the record on appeal. The Area Director shall maintain the record under separate cover and shall certify at the time it is forwarded to the Director of the Fish and Wildlife Service that it is the record on which his decision was based. The Fish and Wildlife Service shall make the record available to the permit applicant upon request.

(3) If the Director considers the record inadequate to support the decision on appeal, he may request the production of such additional evidence or information as may be appropriate, or may remand the case to the Area Director, with appropriate instructions for further action.

(4) Within forty-five (45) days of receipt of the permit applicant's excep

tions to the Area Director's decision, the Director shall make his final decision in writing; Provided, however, That if more than forty-five (45) days are required for a decision after the exceptions are received, the Director shall notify the parties to the appeal and specify the reasons for delay. The decision of the Director shall include (i) a statement of facts, (ii) conclusions, and (iii) reasons upon which the conclusions are based. The decision of the Director shall be the final administrative action on the mining access permit application.

(5) A decision of the Area Director from which an appeal is taken shall not be automatically stayed by the filing of a statement of appeal. A request for a stay may accompany the statement of appeal or may be filed with the Director. The Director shall promptly rule on requests for stays. A decision of the Director on request for a stay shall constitute a final administrative decision.

(e) Public inspection of documents— Any permit application and accompanying documentation submitted pursuant to the regulations of this Section shall be made available for public inspection at the Office of the Area Director. The availability of such records shall be governed by the rules and regulations found at 43 CFR Part 2, including the provisions therein regarding the confidentiality of commercial and financial information.

(f) Penalties-Undertaking any proposed mining operation in violation of the provisions of this Section shall be deemed a trespass against the United States and the enforcement provisions of § 96.8 of this part shall not apply. [44 FR 15501, Mar. 14, 1979]