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