Prospecting, Government definitions Options

[CP]

For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.

CP

This post has been edited by ColoradoProspector: Jan 4 2007, 05:41 PM

[CP]

Hey All!

I just edited the title of this thread to include not just Colorado's, but several governmental definitions on the books that apply.............

So lets see what the BLM (USDI/MINING AUTHORITY) says.......

43CFR3505
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.
    © 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.

Interesting...........How about a "Wilderness area"?

43CFR3823
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.

Ok, now how about the FS?

Forest Service Manual
FSM2860.5 - Definitions.

    1.  Prospecting - Delineation of an area in which exploration would follow by gathering indirect evidence of mineral or energy resources.  Indirect data gathering techniques include, but are not limited to:  conducting geophysical or geochemical surveys, sampling outcrops, geologic mapping, and drilling holes to gather general geologic or stratigraphic information.

    2.  Exploration - Establishing the location, size, grade, or reserves of a mineral or energy resource by gathering direct evidence of the resource.  Direct data gathering techniques may include drilling holes, digging pits, and driving adits and drifts to sample, or test, a known or suspected zone of interest.

Forest Service Manual also says.......Oh you will love this one!

FSM2861 - DETERMINING FOREST SERVICE JURISDICTION. 
In responding to requests for permission to prospect for minerals or to collect mineral or fossil samples, the first step is to determine whether the proposed activity falls within Forest Service jurisdiction.

2861.1 - General Criteria.  The Forest Service authorizes various methods of preliminary prospecting and mineral sample collection on National Forest System lands if no other authority exists, and if the activity does not conflict with the rights of:  A holder of a mining claim; a holder of a U.S. Department of the Interior (USDI) lease, permit, or license; or the owner of reserved or outstanding minerals.  A separate authorization is not required for activities authorized by the General Mining Laws (FSM 2810); activities authorized by USDI (FSM 2820); or land use activity conducted pursuant to reserved and outstanding mineral rights (FSM 2830).

2861.2 - Allowable Activities Under Forest Service Jurisdiction. 
Allowable activities include, but are not limited to, surface mapping, blasting, excavation, sampling, and collecting with hand tools or hand-carried motorized equipment; seismic, gravity, heat flow, resistivity, and other geophysical surveys; and geochemical surveys, such as stream sediment sampling.

I like that un'!

Next one is pretty good too.....36CFR is FS.

36CFR9.2L- Significantly disturbed for purposes of mineral extraction.
Land will be considered significantly disturbed for purposes of mineral extraction when there has been surface extraction of commercial amounts of a mineral, or significant amounts of overburden or spoil have been displaced due to the extraction of commercial amounts of a mineral. Extraction of commercial amounts is defined as the removal of ore from a claim in the normal course of business of extraction for processing or marketing. It does not encompass the removal of ore for purposes of testing, experimentation, examination, or pre-production activities.

HEHEHE I like that un' too.........
What do ya' think?


CP

[jmann]

Well I think Im in bussiness. Joe

[russau]

reading this didnt help my cabin fever one bit!

[CP]

Glad you guys like this thread....I just happened to have a couple more.

These two are from the United States Code.....

30USC21a

                  TITLE 30--MINERAL LANDS AND MINING
          CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL

Sec. 21a. National mining and minerals policy; ``minerals''
        defined; execution of policy under other authorized programs
       
    The Congress declares that it is the continuing policy of the
Federal Government in the national interest to foster and encourage
private enterprise in (1) the development of economically sound and
stable domestic mining, minerals, metal and mineral reclamation
industries, (2) the orderly and economic development of domestic mineral
resources, reserves, and reclamation of metals and minerals to help
assure satisfaction of industrial, security and environmental needs, (3)
mining, mineral, and metallurgical research, including the use and
recycling of scrap to promote the wise and efficient use of our natural
and reclaimable mineral resources, and (4) the study and development of
methods for the disposal, control, and reclamation of mineral waste
products, and the reclamation of mined land, so as to lessen any adverse
impact of mineral extraction and processing upon the physical
environment that may result from mining or mineral activities.
    For the purpose of this section ``minerals'' shall include all
minerals and mineral fuels including oil, gas, coal, oil shale and
uranium.
    It shall be the responsibility of the Secretary of the Interior to
carry out this policy when exercising his authority under such programs
as may be authorized by law other than this section.

16USC478
                        TITLE 16--CONSERVATION
                  CHAPTER 2--NATIONAL FORESTS
            SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 478. Egress or ingress of actual settlers; prospecting

    Nothing in sections 473 to 478, 479 to 482 and 551 of this title
shall be construed as prohibiting the egress or ingress of actual
settlers residing within the boundaries of national forests, or from
crossing the same to and from their property or homes; and such wagon
roads and other improvements may be constructed thereon as may be
necessary to reach their homes and to utilize their property under such
rules and regulations as may be prescribed by the Secretary of
Agriculture. Nor shall anything in such sections prohibit any person
from entering upon such national forests for all proper and lawful
purposes, including that of prospecting, locating, and developing the
mineral resources thereof. Such persons must comply with the rules and
regulations covering such national forests.

Now the next one is again from the FS/36CFR.......
You will note that there seems to be a conflict of their own directives to me.........you see it too? "non motorized hand sluice"......
Well keep readin......then read FSM 2861.2 posted above again.......then you decide.

Sec.  228.4  Plan of operations--notice of intent--requirements.


    (a) Except as provided in paragraph (a)(1) of this section, a notice

of intent to operate is required from any person proposing to conduct

operations which might cause significant disturbance of surface

resources. Such notice of intent to operate shall be submitted to the

District Ranger having jurisdiction over the area in which the

operations will be conducted. Each notice of intent to operate shall

provide information sufficient to identify the area involved, the nature

of the proposed operations, the route of access to the area of

operations, and the method of transport.

    (1) A notice of intent to operate is not required for:

    (i) Operations which will be limited to the use of vehicles on

existing public roads or roads used and maintained for National Forest

System purposes;

    (ii) 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 which

generally might include searching for and occasionally removing small

mineral samples or specimens, gold panning, metal detecting, non-

motorized hand sluicing, using battery operated dry washers, and

collecting of mineral specimens using hand tools;

    (iii) Marking and monumenting a mining claim;

    (iv) Underground operations which will not cause significant surface

resource disturbance;

    (v) Operations, which in their totality, will not cause surface

resource disturbance which is substantially different than that caused

by other users of the National Forest System who are not required to

obtain a Forest Service special use authorization, contract, or other

written authorization;

    (vi) Operations which will not involve the use of mechanized

earthmoving equipment, such as bulldozers or backhoes, or the cutting of

trees, unless those operations otherwise might cause a significant

disturbance of surface resources;

No wonder some folks call it the forest "circus"

Okay the next 3 were pulled out of the 43CFR's (BLM)........

43CFR3802

    Subpart 3802_Exploration and Mining, Wilderness Review Program



Sec.  3802.1-2  When not required.



    A plan of operations under this subpart is not required for--

    (a) Searching for and occasionally removing mineral samples or

specimens;

    (b) Operating motorized vehicles over open use areas and trails as

defined in 43 CFR part 8340 so long as the vehicles conform to the

operating regulations and vehicle standards contained in that subpart;

    © Maintaining or making minor improvements of existing access

routes, bridges, landing areas for aircraft, or other facilities for

access where such improvements or maintenance shall not alter the

alignment, width, gradient, size or character of such facilities; or

    (d) Making geological, radiometric, geochemical, geophysical or

other tests and measurements using instruments, devices, or drilling

equipment which are transported without using mechanized earth moving

equipment or tracked vehicles.

43CFR6300

  Subpart 6302_Use of Wilderness Areas, Prohibited Acts, and Penalties


Sec.  6302.15  When and how may I collect or disturb natural resources such as rocks and plants in wilderness areas?



    (a) You may remove or disturb natural resources for non-commercial

purposes in wilderness areas, including prospecting, provided--

    (1) You do it in a manner that preserves the wilderness environment,

using no more than non-motorized hand tools and causing minimal surface

disturbance; and

    (2)(i) Your proposed activity conforms to the applicable management

plan; or

    (ii) You have a BLM authorization if one is required by statute or

regulation.

    (b) Where BLM allows campfires in a wilderness, you may gather a

reasonable amount of wood for use in your campfire.

43CFR3800
Subpart 3809_Surface Management

Sec.  3809.5  How does BLM define certain terms used in this subpart?



    As used in this subpart, the term:

    Casual use means activities ordinarily resulting in no or negligible

disturbance of the public lands or resources. For example--

    (1) Casual use generally includes the collection of geochemical,

rock, soil, or mineral specimens using hand tools; hand panning; or non-

motorized sluicing. It may include use of small portable suction

dredges. It also generally includes use of metal detectors, gold spears

and other battery-operated devices for sensing the presence of minerals,

and hand and battery-operated drywashers. Operators may use motorized

vehicles for casual use activities provided the use is consistent with

the regulations governing such use (part 8340 of this title), off-road

vehicle use designations contained in BLM land-use plans, and the terms

of temporary closures ordered by BLM.

    (2) Casual use does not include use of mechanized earth-moving

equipment, truck-mounted drilling equipment, motorized vehicles in areas

when designated as closed to ``off-road vehicles'' as defined in Sec. 

8340.0-5 of this title, chemicals, or explosives. It also does not

include ``occupancy'' as defined in Sec.  3715.0-5 of this title or

operations in areas where the cumulative effects of the activities

result in more than negligible disturbance.

    Exploration means creating surface disturbance greater than casual

use that includes sampling, drilling, or developing surface or

underground workings to evaluate the type, extent, quantity, or quality

of mineral values present. Exploration does not include activities where

material is extracted for commercial use or sale.

******************
Operations means all functions, work, facilities, and activities on

public lands in connection with prospecting, exploration, discovery and

assessment work, development, extraction, and processing of mineral

deposits locatable under the mining laws; reclamation of disturbed

areas; and all other reasonably incident uses, whether on a mining claim

or not, including the construction of roads, transmission lines,

pipelines, and other means of access across public lands for support

facilities.

Sorry if the cabin fever is gettin worse guys.......


CP

[CP]

No more comments/questions yet?!

Okay, I'll post a couple questions in.........

Regulations can not be enforced on citizens in place of laws....right?
So what are the regulations for? And how are they used?

Well it could be that if these regs are not used to regulate the citizens that they are used to dictate how the government and it's emplyees do regulate the citizens and or our public lands.
Let's see.......government employees are paid with our tax dollars.
So it makes sense that how they do their job and with what authority would be dictated by..........by what?

Ah yes.....the CFR's! The "C"ode of "F"ederal "R"egulations is in fact what contains the do's and don'ts for the government employee's job!
Which are backed by the laws as written in the USC (United States Code)

The regs may not be enforcable on us as citizens, but they are very enforcable to the government's employees who are directed through laws and regulations to know and use these regulations when doing their daily job duties.

Not only are they directed (as requirement of the job) to know and use these regulations, (cfr's, fsm, fsh....etc) they are also required by laws/regs to use them in conjunction with one another. IE.......43cfr (blm primarily) MUST BE USED in all mining decisions FS makes. But wait ....36cfr is for FS right?
Yes, 36cfr is for FS lands. And anyone who has actually read through 36cfr228 for mining activities on NF lands can plainly see that this subpart alone is not only vague but not actually about mining at all........just how to mitigate against it.

The parts they don't want you to know are that they are required (as government employees.....FSH, FSM) to do certain things, use certain regs, and FOSTER/ENCOURAGE certain rights!
Not prevent them!!!!

Another notable fact in the regulations are many "inter-agency agreements" (quoted in many cfr's) as not only part of the requirement of the job.....but also used to present the use of the regs by the officials in a "fair and consistent manner"!

Just because a law/regualtion/code isn't enforcable upon you as a citizen doesn't mean it isn't enforcable some where, some how, on some overzealous misinformed rights stomper wearing a uniform!

Knowing more of what ANY LAWS/REGS/CODES say pertaining to the activity in question will better for the persons involved!

Want to look up some more on your own?......... Here is a great link to access all USC, CFR, PLO .....etc
GPO Access website

Guess that was more than a "couple" questions!
CP

[CP]

Thought there would be more discussions on this thread considering the inforamtion.

Anyone have any thoughts, questions or comments?

Or did this thread totally blow the mind?

[faaus]

CP, you ,ake some very interesting points in this post. The difference between regs and laws are very important for us to understand.

Thanks for that great post.

Heavy Pans,
faaus

No more comments/questions yet?!

Okay, I'll post a couple questions in.........

Regulations can not be enforced on citizens in place of laws....right?
So what are the regulations for? And how are they used?

Well it could be that if these regs are not used to regulate the citizens that they are used to dictate how the government and it's emplyees do regulate the citizens and or our public lands.
Let's see.......government employees are paid with our tax dollars.
So it makes sense that how they do their job and with what authority would be dictated by..........by what?

Ah yes.....the CFR's! The "C"ode of "F"ederal "R"egulations is in fact what contains the do's and don'ts for the government employee's job!
Which are backed by the laws as written in the USC (United States Code)

The regs may not be enforcable on us as citizens, but they are very enforcable to the government's employees who are directed through laws and regulations to know and use these regulations when doing their daily job duties.

Not only are they directed (as requirement of the job) to know and use these regulations, (cfr's, fsm, fsh....etc) they are also required by laws/regs to use them in conjunction with one another. IE.......43cfr (blm primarily) MUST BE USED in all mining decisions FS makes. But wait ....36cfr is for FS right?
Yes, 36cfr is for FS lands. And anyone who has actually read through 36cfr228 for mining activities on NF lands can plainly see that this subpart alone is not only vague but not actually about mining at all........just how to mitigate against it.

The parts they don't want you to know are that they are required (as government employees.....FSH, FSM) to do certain things, use certain regs, and FOSTER/ENCOURAGE certain rights!
Not prevent them!!!!

Another notable fact in the regulations are many "inter-agency agreements" (quoted in many cfr's) as not only part of the requirement of the job.....but also used to present the use of the regs by the officials in a "fair and consistent manner"!

Just because a law/regualtion/code isn't enforcable upon you as a citizen doesn't mean it isn't enforcable some where, some how, on some overzealous misinformed rights stomper wearing a uniform!

Knowing more of what ANY LAWS/REGS/CODES say pertaining to the activity in question will better for the persons involved!

Want to look up some more on your own?......... Here is a great link to access all USC, CFR, PLO .....etc
GPO Access website

Guess that was more than a "couple" questions!
CP

[CP]

Thanks Faaus,

Seemed like all those quotes kinda fit here for "prospecting", even if it does make a long read.
Didn't seem that long when I posted it all....whew.

What else should be added here?

[Denise]

Great information Dan!

How about that it would be a great reference to print off and have in the field.
Some of us cant quote laws and regs as good as others, but know its our right.
That way if any officials confront you about your activities, you can show them the print off
of their own handbooks/manuals, CFRs and the law.

It is their job to already know this information, but you would be surprised how many dont. There is even a directive in the handbooks that tells them as employees, they must know and use the pertanent mining laws, regulations etc when working with mining claims and the owners.
Its hard to argue with kind words and knowledgeable information, but they may try.


Everyone can also find more details on the CFRs, FSH(forest service handbook) and the USCs(United States code) in the
"Valuable References" section of the forums here.


Stay safe out there everyone, and happy prospecting!

[nm jack]

Ok here is a question. If I'm dredging on my claim how much material can I move before the FS/BLM requires me to file a POO or NOI.

[russau]

Ok here is a question. If I'm dredging on my claim how much material can I move before the FS/BLM requires me to file a POO or NOI.

they cant require you to file at all! remember the 1866/1872 mining laws!know what it says for your own protection and to keep from help setting a precident!

[nm jack]

Thanks Russ. I very seldom ask a question here I don't already know the answer to. What I wanted to know was what CFR it was under since the FS doesn't have a clue most of the time. There are too
many CFR's to memorize and besides I have CRS

[russau]

search the 1866 and the 1872 mining laws. or over on the GPAA site and over on www.49ermike.com they already have a thred going on these laws. also Armidillo mining is selling the 3 DVD set of Hal Anthonys explaination of the 1866 law. i just sent off for it. there is just soooooooo much info in these laws that, just as Denise said, have a copy with you to read/referance from so you get it right and know what your talking about. i carry a binder in my trailer with all my different state laws/permits that i need. if i get questioned/told/ or asked about what im doing, i can easily pull out my binder and show them the facts/truth. but before you open your mouth, know what your talking about to keep from putting your foot in it! most forest /blm employees dont know what the laws are and how it applies to you and i or even to the land. they just know what the wants are from their boss or what theyve been told by some green agenda person!

[Denise]

No reason to send them to another site Russ. We have all that information right here in the CP forums. Have for a long time now.
You can find all that kind of info in the "Land Rights, Laws and References " section of the forums.
Best of all its free, and open for all to read here! Im sure Dan will be able to help you out on that one Gary.
Hes great that way!