FSM-Prospecting/Mineral Collecting, 2860 & 2861 Options

[CP]

FSM 2800 - MINERALS AND GEOLOGY
                    WO AMENDMENT 2800-96-3
                      EFFECTIVE 10/10/96

            CHAPTER 2860 - FOREST SERVICE AUTHORIZED
              PROSPECTING AND MINERAL COLLECTING


2860.2 - Objectives.

    1.  To encourage and facilitate the collection of information
about energy and mineral resources and other geologic aspects of
the National Forest System.

    2.  To provide the opportunity for recreational collection of
mineral and fossil materials.

    3.  To respond to prospecting and collecting proposals within
established timeframes. 

2860.3 - Policy.

    1.  Jurisdiction.  Ensure that proposed activities for
prospecting and collecting fall within the jurisdiction of the
Forest Service
(FSM 2861).  Except for common variety mineral activities, which
are solely within Forest Service jurisdiction (FSM 2850), do not
authorize prospecting or collecting activities that are likely to
result in gathering direct information on the presence of a
mineral resource.

    2.  Interagency Consultation.  The responsible Forest Officer
shall consult with the U.S. Department of the Interior if there
is a question as to whether or not a proposed activity will
likely provide direct information on the presence of a mineral
resource other than a common variety mineral or if the activity
potentially conflicts with the rights of the holder of a U.S.
Department of the Interior lease, license, or permit.

    3.  Fees.  Do not charge fees for:

        a.  Exploration or prospecting conducted by a Government
        agency or a nonprofit entity.

        b.  Exploration or prospecting conducted by a lessee,
        licensee, permittee or operator in an area and for
        activity covered by a lease, permit, or license issued by
        the U.S. Department of the Interior.

    4.  Records.  Maintain a record of applications and
authorizations serialized by Region, Forest, District, type of
action, and fiscal year.

    5.  Bonding.  Except for government-conducted exploration,
require a bond if the proposed activity will involve significant
surface disturb-
ance or has the potential to adversely affect subsurface
resources. 
FSM 6560 sets forth bonding requirements.

2860.4 - Responsibility.

2860.4a - Deputy Chief, National Forest System.  It is the
responsibility of the Deputy Chief to establish standard permit
stipulations and fee bases for common, system-wide mineral
prospecting activities such as seismic prospecting.

2860.4b - Regional Foresters.  Regional Foresters shall establish
time-frames for review and disposition of applications and shall
maintain necessary serialized records.  Recordkeeping may be
redelegated as necessary to ensure that each organizational level
obtains data and maintains records sufficient for carrying out
its responsibilities.  The Regional Forester may issue Forest
Service exploration licenses and may redelegate that authority to
the Forest Supervisor.

2860.4c - Forest Supervisors.  Forest Supervisors may authorize
exploration and collecting activities and may redelegate that
authority to the District Ranger.  Recordkeeping may be
redelegated as necessary to ensure that each organizational level
obtains data and maintains records sufficient for carrying out it
responsibilities.

2860.4d - District Rangers.  District Rangers shall review and
evaluate exploration and collecting activities, then make
recommendations to the Forest Supervisor or authorize the
activity if delegated to do so.

2860.5 - 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.

2861 - 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.

Forest Officers may authorize drilling for such purposes as:

    1.  Gathering data on geothermal temperature gradients or
ground water conditions.

    2.  Conducting engineering studies and gathering general
stratigraphic information.

    3.  Gathering direct information on the presence and
character of a common variety mineral.

    4.  Placing a seismic charge.

Core drilling is allowable if it is the most efficient method of
advancing a temperature gradient or stratigraphic test hole, and
if precautions are taken to prevent coring in known or suspected
zones of mineral deposits.

Forest Officers may authorize trenching to aid in surface mapping
or indirect mineral-related surveys, but not for penetration of
suspected mineral deposits.  Forest Officers may authorize
geophysical logging of drill holes, if precautions are taken to
prevent logging of known or suspected zones of mineral deposits.

The authorized officer shall select the least complicated
instrument for authorizing a prospecting or collecting activity
commensurate with the potential impact of the authorized activity
on other resources.  The instrument may include a phone call, a
letter, standard permit and application forms for commonly
occurring activities, or a special use permit.