We have posted these excerpts from the Code of Federal Regulations in response to
the wide difference of opinion concerning "small scale prospecting/mining" held by public officials.
Which is usually where the general public is referred to for answers. (National Forest Dist. offices)
NOTE: 99% of N.F. employees are more than helpful, and always ready to answer your questions
to the best of their knowledge.
This being said, knowledge is the key word, and often times the person you are speaking with
(at the front counter or on the phone) has no idea what "small scale prospecting/mining" is, or doesn't
know where, or if there are areas closed to these activities.
Questioning someone with a lack of knowledge will only provide a personal opinion, and
personal opinions are NOT written law.
The Code of Federal Regulations is a set of guidelines (rules) for the administration
of OUR National Forests, which all National Forest employees must follow.
These C.F.R.'s also give quite a broad range of power to each district office to
close any areas in their district for reasons such as an endangered species, spawning area,
or high impact due to heavy use, or heavy moisture......etc., but the C.F.R.'s also give
specific guidelines on how these are performed and posted.
(must be available for you to see)
The following excerpts are partial postings from the C.F.R's.
Remember now, it is always easier to deal with someone when they're in a good mood rather
than pissed off!
Most of the N.F. employees are very friendly folks with good information...just not
much on prospecting. (usually)
We recommend that you print a copy of these excerpts and carry them with you while prospecting
on National Forest, and "IF" you happen across the person who doesn't know or even worse,
the one who has their own interpretation (opinion), you'll have it in black and white right in
your back pocket!
CODE OF FEDERAL REGULATIONS pertaining to "small scale prospecting".
Record of Decision Under the National Environmental Policy Act
[Code of Federal Regulations]
[Title 36, Volume 2, Parts 200 to 299]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR228]
[Page 152-187]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 228--MINERALS
Subpart A--Locatable Minerals
Sec. 228.1 Purpose.
It is the purpose of these regulations to set forth rules and
procedures through which use of the surface of National Forest System
lands in connection with operations authorized by the United States
mining laws (30 U.S.C. 21-54), which confer a statutory right to enter
upon the public lands to search for minerals, shall be conducted so as
to minimize adverse environmental impacts on National Forest System
surface resources. It is not the purpose of these regulations to provide
for the management of mineral resources; the responsibility for managing
such resources is in the Secretary of the Interior.
Sec. 228.2 Scope.
These regulations apply to operations hereafter conducted under the
United States mining laws of May 10, 1872, as amended (30 U.S.C. 22 et
seq.), as they affect surface resources on all National Forest System
lands under the jurisdiction of the Secretary of Agriculture to which
such laws are applicable: Provided, however, That any area of National
Forest lands covered by a special Act of Congress (16 U.S.C. 482a-482q)
is subject to the provisions of this part and the provisions of the
special act, and in the case of conflict the provisions of the special
act shall apply.
Sec. 228.3 Definitions.
For the purposes of this part the following terms, respectively,
shall mean:
(a) Operations. All functions, work, and activities in connection
with prospecting, exploration, development, mining or
processing of mineral resources and all uses reasonably
incident thereto, including roads and other means of access on
lands subject to the regulations in this part, regardless of
whether said operations take place on or off mining claims.
(b) Operator. A person conducting or proposing to conduct
operations.
(c) Person. Any individual, partnership, corporation, association,
or other legal entity.
(d) Mining claim. Any unpatented mining claim or unpatented
millsite authorized by the United States mining laws of May 10,
1872, as amended (30 U.S.C. 22 et seq.).
(e) Authorized officer. The Forest Service officer to whom
authority to review and approve operating plans has been
delegated.
Sec. 228.4 Plan of operations--notice of intent--requirements.
(a) Except as provided in paragraph (a)(2) of this section, a
notice of intention to operate is required from any person
proposing to conduct operations which might cause disturbance
of surface resources. Such notice of intention shall be
submitted to the District Ranger having jurisdiction over the
area in which the operations will be conducted.
If the District Ranger determines that such operations will
likely cause significant disturbance of surface resources, the
operator shall submit a proposed plan of operations to the
District Ranger.
(1) The requirements to submit a plan of operations shall not
apply:
[[Page 154]]
(i) To operations which will be limited to the use of vehicles on
existing public roads or roads used and maintained for National
Forest purposes,
(ii) To individuals desiring to search for and occasionally remove
small mineral samples or specimens,
(iii) To prospecting and sampling which will not cause significant
surface resource disturbance and will not involve removal of
more than a reasonable amount of mineral deposit for analysis
and study,
(iv) tT marking and monumenting a mining claim and
(v) To subsurface operations which will not cause significant
surface resource disturbance.
[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3823.1]
[Page 784]
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 3820--AREAS SUBJECT TO SPECIAL MINING LAWS--Table of Contents
Subpart 3823--Prospecting, Mineral Locations, and Mineral Patents
Within National Forest Wilderness
Sec. 3823.1 Prospecting within National Forest Wilderness for the
purpose of gathering information about mineral resources.
(a) The provisions of the Wilderness Act do not prevent any
activity, including prospecting, within National Forest
Wilderness for the purpose of gathering information about
mineral or other resources if such activity is conducted in a
manner compatible with the preservation of the wilderness
environment. While information gathered by prospecting
concerning mineral resources within National Forest Wilderness
may be utilized in connection with the location of valuable
mineral deposits which may be discovered through such activity
and which may be open to such location, attention is directed
to the fact that no claim may be located after midnight,
December 31, 1983, and no valid discovery may be made after
that time on any location purportedly made before that time.
(b) All persons wishing to carry on any activity, including
prospecting, for the purpose of gathering information about
mineral or other resources on lands within National Forest
Wilderness should make inquiry of the officer in charge of the
National Forest in which the lands are located concerning the
regulations of the Secretary of Agriculture governing surface
use of the lands for such activity.
[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3500]
[Page 655-658]
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 3500--LEASING OF SOLID MINERALS OTHER THAN COAL AND OIL SHALE--Table of Contents
Subpart 3505--Prospecting Permits
Sec. 3505.10 What is a prospecting permit?
(a) A prospecting permit gives you the exclusive right to prospect
on and explore lands available for leasing under this part to
determine if a valuable deposit exists of:
(1) Phosphate;
(2) Sodium;
(3) Potassium;
(4) Sulphur;
(5) Gilsonite; or
(6) A hardrock mineral.
(b) Prospecting permits are not available for asphalt.
(c) You may remove only material needed to demonstrate the
existence of a valuable mineral deposit.
Sec. 3505.11 Do I need a prospecting permit to collect mineral
specimens for non-commercial purposes?
No. You may collect mineral specimens for hobby, recreation,
scientific, research or similar purposes without a prospecting permit.
However, the surface management agency may require a use permit. BLM's
regulations for collecting mineral specimens are at part 8365 of this
title.
[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR8365.1-5]
[Page 917]
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 8360--VISITOR SERVICES--Table of Contents
Subpart 8365--Rules of Conduct
Sec. 8365.1-5 Property and resources.
(a) On all public lands, unless otherwise authorized, no person
shall;
(1) Willfully deface, disturb, remove or destroy any personal
property, or structures, or any scientific, cultural,
archaeological or historic resource, natural object or area;
(2) Willfully deface, remove or destroy plants or their parts,
soil, rocks or minerals, or cave resources, except as permitted
under paragraph (b) or (c) of this paragraph; or
(3) Use on the public lands explosive, motorized or mechanical
devices, except metal detectors, to aid in the collection of
specimens permitted under paragraph (b) or (c) of this
paragraph.
(b) Except on developed recreation sites and areas, or where
otherwise prohibited and posted, it is permissible to collect
from the public lands reasonable amounts of the following for
noncommercial purposes:
(1) Commonly available renewable resources such as flowers,
berries, nuts, seeds, cones and leaves;
(2) Nonrenewable resources such as rocks, mineral specimens, common
invertebrate fossils and semiprecious gemstones;
(3) Petrified wood as provided under subpart 3622 of this title;
(4) Mineral materials as provided under subpart 3621 of this title;
and
(5) Forest products for use in campfires on the public lands. Other
collection of forest products shall be in accordance with the
provisions of Group 5500 of this title.
(c) The collection of renewable or nonrenewable resources from the
public lands for sale or barter to commercial dealers may be
done only after obtaining a contract or permit from an
authorized officer in accordance with part 3610 or 5400 of this
title.
[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR8365.1-6]
[Page 917-918]
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 8360--VISITOR SERVICES--Table of Contents
Subpart 8365--Rules of Conduct
The State Director may establish such supplementary rules as he/she
deems necessary. These rules may provide for the protection of persons,
property, and public lands and resources. No person shall violate such
supplementary rules.
(a) The rules shall be available for inspection in each local
office having jurisdiction over the lands, sites or facilities
affected;
[[Page 918]]
(b) The rules shall be posted near and/or within the lands, sites
or facilities affected;
(c) The rules shall be published in the Federal Register; and
(d) The rules shall be published in a newspaper of general
circulation in the affected vicinity, or be made available to
the public by such other means as deemed most appropriate by
the authorized officer.
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