#77089, "WARNING -- FOREST SERVICE TO AMEND 228 MINING REGS"
HEADSUP!
Mike Doran, Minerals & Geology teamleader for the Forest Service announced today (Dec. 4) at the NWMA convention that the FS will publish a Notice in the Federal Register, sometime this month, giving notice that the FS proposes to amend the 36 CFR 228 mining regulations.
Word is that this will be a MAJOR REVISION, amending the FS regs to more closely match the new BLM 43 CFR 3809 regs! (And I suppose amending 228.7(b) so that they can issue criminal citations under 261 regs.)
About the only thing we were told about the proposed amendments is that they will create a new level of approval: BONDED NOTICE.
This supposedly will be for activities that don't quite require a full-blown Plan of Operations, but a bond is needed to guaranttee reclamation.
There will be a 60 day comment period. I asked about public meetings and was told none were planned as yet, and that it would depend on the comments they recieve. I take this to mean that if the mining community wants public meetings, they will have to formally request them as soon as the Fed. Reg. Notice is published.
Sleepless in Spokane...
Tom Kitchar
Waldo Mining District
Full Version: FS to amend 36 CFR 228.5 regs
Colorado Prospector - Gem and mineral prospecting and mining forums > Land Rights, Laws and References > Fight For Your Rights!
i hope everyone reads this and follows it untill we need ALL the comments we can get!
FS to amend 36CFR228.5
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Her we go again folks. The FS to amend 36 CFR 228.5 for Notice of intent and Plan of Operations and Bonding. Probably to come into line with the Bureau of Land Management Regs 43 CFR 3809. PLP will be commenting on this Federal Register Notice and attemting to prevent it from being implemented.
USFS Federal Register Notice
12/10/2007
FEDERAL REGISTER
Vol. 72, No. 236
Notices
DEPARTMENT OF AGRICULTURE (USDA)
Forest Service
Information Collection Locatable Minerals
72 FR 69643
DATE: Monday, December 10, 2007
ACTION: Notice Request for Comment.
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Locat-able Minerals.
DATES: Comments must be received in writing on or before February 8, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable.
ADDRESSES: Comments concerning this notice should be addressed to Forest Service, U.S. Department of Agri-culture, Director, Minerals and Geology Management Staff, Mail Stop 1126, 1601 N. Kent Street, 5th Floor, Arlington, VA 22209.
Comments also may be submitted via facsimile to 703-605-1575 or by e-mail to: 36cfr228a@fs.fed.us.
The public may inspect comments received at the Office of the Director, Forest Service Minerals and Geology Management Staff, 1601 N. Kent Street, 5th Floor, Arlington, VA during normal business hours. Visitors are encour-aged to call ahead to 703-605-4794 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Tony Ferguson, Director, Minerals and Geology Management, at 703-605-4785. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Ser-vice (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
Title: Locatable Minerals.
OMB Number: 0596-0022.
Expiration Date of Approval: June 30, 2008.
Type of Request: Extension of a currently approved collection.
Abstract: This collection of information is necessary to ensure minimal environmental impacts associated with lo-catable mineral operations on National Forest System (NFS) lands to the extent practicable. Forest Service regulations at 36 CFR 228.5 require mining operators, with some exceptions, to notify the authorized Forest Service officer of the intent to conduct a locatable mineral operation on NFS lands by filing a Notice of Intent or Plan of Operations. Title 36 CFR 228.10 requires mining operators to submit a Cessation of Operation when mining operations temporarily cease for other than seasonal closure.
There is not a required format for the information collection, but all information identified in 36 CFR part 228 must be included. Form FS-2800-5, Plan of Operations for Mining Activities on National Forest System Lands, is available for use by mining operators to simplify this process.
The information required in a Plan of Operations, detailed in 36 CFR 228.4©, (d), and (e), includes:
1. The name and legal mailing address of operators (and claimants if they are not the same) and their lessees, as-signs, or designees
2. A map or sketch showing information sufficient to locate:
a. The proposed area of operations on the ground,
b. Existing and/or proposed roads or access routes to be used in connection with the operation as set forth in 36 CFR 228.12 on access, and
c. The approximate location and size of areas where surface resources will be disturbed
3. Information sufficient to describe:
a. The type of operations proposed and how they would be conducted,
b. The type and standard of existing and proposed roads or access routes,
c. The means of transportation used or to be used as set forth in 36 CFR 228.12,
d. The period during which the proposed activity will take place, and
e. Measures to be taken to meet the requirements for environmental protection in 36 CFR 228.8.
A Notice of Intent is required, as detailed in 36 CFR 228.4(a)(2), to include information sufficient to identify the area involved, the nature of the proposed operation, the route of access to the area of operations, and the method of transport.
A Cessation of Operations is required, as detailed in 36 CFR 228.10, to include verification of intent to maintain structures, equipment, and other facilities, expected reopening date, and an estimate of extended durations of operations.
These collections of information are crucial to protecting surface resources, including plants, animals, and their habitat, as well as public safety on NFS lands. The authorized Forest Service official will use the collected information to ensure that the exploration, development, and production of mineral resources are conducted in an environmentally sensitive manner that these mineral operations are integrated with the planning and management of other resources using the principles of ecosystem management and that lands disturbed by mineral operations are reclaimed using the best scientific knowledge and returned to other productive uses. Without this information, the Forest Service would not comply with Federal Regulations and locatable mineral operations could result in undue damage to surface resources.
Estimate of Annual Burden: 12 hours (10 hours--Plans of Operation 1 hour--Notice of Intent 1 hour--Cessation of Operations).
Type of Respondents: Mining operators.
Estimated Annual Number of Respondents: 3,255 (750--Plans of Operations 2,500--Notices of Intent 5--Cessation of Operations).
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 10,005 hours (10 hours x 750 Plans of Operations = 7,500 1 hour x 2,500 Notices of Intent = 2,500 1 hour x 5 Cessation of Operations = 5 7,500 + 2,500 + 5 = 10,005).
Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and *69644 assumptions used (3) ways to enhance the quality, utility, and clarity of the informa-tion to be collected and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget ap-proval.
Dated: November 26, 2007.
Gloria Manning,
Associate Deputy Chief, National Forest System.
FR Doc. E7-23834 Filed 12-7-07 8:45 am
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Her we go again folks. The FS to amend 36 CFR 228.5 for Notice of intent and Plan of Operations and Bonding. Probably to come into line with the Bureau of Land Management Regs 43 CFR 3809. PLP will be commenting on this Federal Register Notice and attemting to prevent it from being implemented.
USFS Federal Register Notice
12/10/2007
FEDERAL REGISTER
Vol. 72, No. 236
Notices
DEPARTMENT OF AGRICULTURE (USDA)
Forest Service
Information Collection Locatable Minerals
72 FR 69643
DATE: Monday, December 10, 2007
ACTION: Notice Request for Comment.
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of a currently approved information collection, Locat-able Minerals.
DATES: Comments must be received in writing on or before February 8, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable.
ADDRESSES: Comments concerning this notice should be addressed to Forest Service, U.S. Department of Agri-culture, Director, Minerals and Geology Management Staff, Mail Stop 1126, 1601 N. Kent Street, 5th Floor, Arlington, VA 22209.
Comments also may be submitted via facsimile to 703-605-1575 or by e-mail to: 36cfr228a@fs.fed.us.
The public may inspect comments received at the Office of the Director, Forest Service Minerals and Geology Management Staff, 1601 N. Kent Street, 5th Floor, Arlington, VA during normal business hours. Visitors are encour-aged to call ahead to 703-605-4794 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Tony Ferguson, Director, Minerals and Geology Management, at 703-605-4785. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Ser-vice (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
Title: Locatable Minerals.
OMB Number: 0596-0022.
Expiration Date of Approval: June 30, 2008.
Type of Request: Extension of a currently approved collection.
Abstract: This collection of information is necessary to ensure minimal environmental impacts associated with lo-catable mineral operations on National Forest System (NFS) lands to the extent practicable. Forest Service regulations at 36 CFR 228.5 require mining operators, with some exceptions, to notify the authorized Forest Service officer of the intent to conduct a locatable mineral operation on NFS lands by filing a Notice of Intent or Plan of Operations. Title 36 CFR 228.10 requires mining operators to submit a Cessation of Operation when mining operations temporarily cease for other than seasonal closure.
There is not a required format for the information collection, but all information identified in 36 CFR part 228 must be included. Form FS-2800-5, Plan of Operations for Mining Activities on National Forest System Lands, is available for use by mining operators to simplify this process.
The information required in a Plan of Operations, detailed in 36 CFR 228.4©, (d), and (e), includes:
1. The name and legal mailing address of operators (and claimants if they are not the same) and their lessees, as-signs, or designees
2. A map or sketch showing information sufficient to locate:
a. The proposed area of operations on the ground,
b. Existing and/or proposed roads or access routes to be used in connection with the operation as set forth in 36 CFR 228.12 on access, and
c. The approximate location and size of areas where surface resources will be disturbed
3. Information sufficient to describe:
a. The type of operations proposed and how they would be conducted,
b. The type and standard of existing and proposed roads or access routes,
c. The means of transportation used or to be used as set forth in 36 CFR 228.12,
d. The period during which the proposed activity will take place, and
e. Measures to be taken to meet the requirements for environmental protection in 36 CFR 228.8.
A Notice of Intent is required, as detailed in 36 CFR 228.4(a)(2), to include information sufficient to identify the area involved, the nature of the proposed operation, the route of access to the area of operations, and the method of transport.
A Cessation of Operations is required, as detailed in 36 CFR 228.10, to include verification of intent to maintain structures, equipment, and other facilities, expected reopening date, and an estimate of extended durations of operations.
These collections of information are crucial to protecting surface resources, including plants, animals, and their habitat, as well as public safety on NFS lands. The authorized Forest Service official will use the collected information to ensure that the exploration, development, and production of mineral resources are conducted in an environmentally sensitive manner that these mineral operations are integrated with the planning and management of other resources using the principles of ecosystem management and that lands disturbed by mineral operations are reclaimed using the best scientific knowledge and returned to other productive uses. Without this information, the Forest Service would not comply with Federal Regulations and locatable mineral operations could result in undue damage to surface resources.
Estimate of Annual Burden: 12 hours (10 hours--Plans of Operation 1 hour--Notice of Intent 1 hour--Cessation of Operations).
Type of Respondents: Mining operators.
Estimated Annual Number of Respondents: 3,255 (750--Plans of Operations 2,500--Notices of Intent 5--Cessation of Operations).
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 10,005 hours (10 hours x 750 Plans of Operations = 7,500 1 hour x 2,500 Notices of Intent = 2,500 1 hour x 5 Cessation of Operations = 5 7,500 + 2,500 + 5 = 10,005).
Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and *69644 assumptions used (3) ways to enhance the quality, utility, and clarity of the informa-tion to be collected and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for Office of Management and Budget ap-proval.
Dated: November 26, 2007.
Gloria Manning,
Associate Deputy Chief, National Forest System.
FR Doc. E7-23834 Filed 12-7-07 8:45 am
this will be a far reaching agenda if passed. the USFS will touch all states!
Very True Russ!
Everyone still has time to send in their comments if they haven't done so already.
Everyone still has time to send in their comments if they haven't done so already.
QUOTE
DATES: Comments must be received in writing on or before February 8, 2008 to be assured of consideration. Comments received after that date will be considered to the extent practicable
this document has a lot of weight behind it! i wish i could write like that! VERY GOOD!
Thanks for the link Jerry.
Everyon still has 2 days left to get this sent in if you planned on commenting.
Thought this info might help those still composing their last thoughts.....
And........
I wonder if congress would approve if the FS over steps it's authority?
HMMMMMMMMMMMMMM..........Maybe we should ask them?
Just a thought.
CP
Everyon still has 2 days left to get this sent in if you planned on commenting.
Thought this info might help those still composing their last thoughts.....
QUOTE
36CFR Chapter 2, 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. (BLM)
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. (BLM)
And........
QUOTE
36CFR2
Subpart C--Disposal of Mineral Materials
Sec. 228.46 Application of other laws and regulations.
All mining operations for removal of mineral materials from National
Forest lands must meet or exceed applicable Federal standards for the
protection of public safety, health, and the environment, and must also
meet or exceed State and local standards for the protection of public
safety, health, and the environment, to the extent that such standards
are not in conflict with Federal purposes and functions.
Subpart C--Disposal of Mineral Materials
Sec. 228.46 Application of other laws and regulations.
All mining operations for removal of mineral materials from National
Forest lands must meet or exceed applicable Federal standards for the
protection of public safety, health, and the environment, and must also
meet or exceed State and local standards for the protection of public
safety, health, and the environment, to the extent that such standards
are not in conflict with Federal purposes and functions.
I wonder if congress would approve if the FS over steps it's authority?
HMMMMMMMMMMMMMM..........Maybe we should ask them?
Just a thought.
CP
Just came across this.........From February of just last year!
It's a testimonial quote from
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture
Concerning National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRita Mountains of Arizona
Thought it was interesting to read, check it out below....see what you think.
It's a testimonial quote from
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture
Concerning National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRita Mountains of Arizona
Thought it was interesting to read, check it out below....see what you think.
QUOTE
Testimony
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture
Subcommittee on National Parks, Forests and PublicLands
And
Subcommittee on Energy and Mineral Resources
Committee on Natural Resources
United States House of Representatives
Concerning
Our National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRitaMountains of Arizona
February 24, 2007
Tucson , Arizona
Mr. Chairman and Members of the Committee, thank you for the opportunity to present the Department’s views on the impacts of the 1872 Mining Law on National Forest System lands, in particular in relation to the Rosemont Mine proposal on the Coronado National Forest.
Forest Service policy for administering the 1872 Mining Law
Forest Service regulations provide rules and procedures for using the surface of National Forest system lands in connection with locatable mineral operations authorized by the 1872 Mining Law. This law and its amendments confers to a citizen a statutory right to enter upon public lands to search for and develop minerals and engage in activities reasonably necessary for such uses. Operations covered by these regulations include all reasonable activities, regardless of whether such operations take place on or off mining claims on National Forest System lands. All prospectors and miners whose proposed activities could result in significant environmental impacts must comply with these regulations through submittal and agency approval of plans of operation.
All proposed activities are conducted to minimize, prevent or mitigate and reclaim adverse environmental impacts to surface resources. Reasonable conditions, which do not materially interfere with such operations, are required to ensure environmental impacts to surface resources are minimized. In evaluating a proposed plan of operations, the Forest Service considers the environmental effects of the mineral operation, including whether the proposed operation represents part of a well-planned, logically sequenced mineral operation. On lands that are open for entry under the 1872 Mining Law, the statutory right of the public to prospect, develop, and mine valuable minerals is fully honored and protected.
The Forest Service Minerals Program Policy signed by Forest Service Chief Jack Ward Thomas in 1995 states that the Forest Service will "foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs." This national policy was affirmed by Chief Dale Bosworth in 2004.
Likewise, the Department of Agriculture has a long-standing policy regarding mining operations on National Forest System lands open to mineral entry. In a portion of a 2003 informational memorandum to the Chief of the Forest Service, Under Secretary Mark Rey stated:
The Forest Service's locatable mineral regulations 36 CFR 228 Subpart A have not been amended or limited and remain fully in effect for operations on or off mining claims.
The Forest Service is not required to conduct mining claim validity exams before processing and approving proposed plans of operation.
The Forest Service will conduct a timely review of proposed operations and continue to ensure proposed activities are required for and reasonably incidental to prospecting, mining, or processing operations.
The Forest Service will continue to ensure operations comply with the regulations and minimize adverse environmental effects to the extent feasible.
For National Forest System lands that are open to entry under the 1872 mining law, the Forest Service is not required to inquire into claim validity before processing and approving a plan of operation.
Harv Forsgren
Southwestern Regional Forester
U.S.Forest Service
United States Department of Agriculture
Subcommittee on National Parks, Forests and PublicLands
And
Subcommittee on Energy and Mineral Resources
Committee on Natural Resources
United States House of Representatives
Concerning
Our National Forests at Risk: The 1872 Mining Law and its Impact
on the SantaRitaMountains of Arizona
February 24, 2007
Tucson , Arizona
Mr. Chairman and Members of the Committee, thank you for the opportunity to present the Department’s views on the impacts of the 1872 Mining Law on National Forest System lands, in particular in relation to the Rosemont Mine proposal on the Coronado National Forest.
Forest Service policy for administering the 1872 Mining Law
Forest Service regulations provide rules and procedures for using the surface of National Forest system lands in connection with locatable mineral operations authorized by the 1872 Mining Law. This law and its amendments confers to a citizen a statutory right to enter upon public lands to search for and develop minerals and engage in activities reasonably necessary for such uses. Operations covered by these regulations include all reasonable activities, regardless of whether such operations take place on or off mining claims on National Forest System lands. All prospectors and miners whose proposed activities could result in significant environmental impacts must comply with these regulations through submittal and agency approval of plans of operation.
All proposed activities are conducted to minimize, prevent or mitigate and reclaim adverse environmental impacts to surface resources. Reasonable conditions, which do not materially interfere with such operations, are required to ensure environmental impacts to surface resources are minimized. In evaluating a proposed plan of operations, the Forest Service considers the environmental effects of the mineral operation, including whether the proposed operation represents part of a well-planned, logically sequenced mineral operation. On lands that are open for entry under the 1872 Mining Law, the statutory right of the public to prospect, develop, and mine valuable minerals is fully honored and protected.
The Forest Service Minerals Program Policy signed by Forest Service Chief Jack Ward Thomas in 1995 states that the Forest Service will "foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs." This national policy was affirmed by Chief Dale Bosworth in 2004.
Likewise, the Department of Agriculture has a long-standing policy regarding mining operations on National Forest System lands open to mineral entry. In a portion of a 2003 informational memorandum to the Chief of the Forest Service, Under Secretary Mark Rey stated:
The Forest Service's locatable mineral regulations 36 CFR 228 Subpart A have not been amended or limited and remain fully in effect for operations on or off mining claims.
The Forest Service is not required to conduct mining claim validity exams before processing and approving proposed plans of operation.
The Forest Service will conduct a timely review of proposed operations and continue to ensure proposed activities are required for and reasonably incidental to prospecting, mining, or processing operations.
The Forest Service will continue to ensure operations comply with the regulations and minimize adverse environmental effects to the extent feasible.
For National Forest System lands that are open to entry under the 1872 mining law, the Forest Service is not required to inquire into claim validity before processing and approving a plan of operation.
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