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]
[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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