WHEN IT IS NECESSARY TO SUBMIT A NOTICE OF INTENT (NOI) OR PLAN OF OPERATION (POO)
On June 6th, 2005 the U.S. Forest Service (USFS) published its Final Rule on Section 228.4 in the Federal Register. Section 228.4 regards when it is necessary for a miner or prospector to submit a Notice of Intent (NOI) or Plan of Operation (POO) with the USFS.
Page 32729, left column: "If the operator reasonably concludes that proposed operations will not cause significant disturbance of NFS resources, the operator is not required to submit a notice of intent to operate."
For about the past 30 years, Section 228.4 reflected that miners or prospectors only have to provide notice of intent to the USFS of their activities when impacts upon the surface resources might become significant. There have been many differences in opinion between the USFS and a miner or prospector over what constitutes a “significant surface disturbance,” ...the idea that miners or prospectors should be required to provide a Notice of Intent for any activity that may cause an impact upon Forest Service land that was similar to other users of the Forest that were not required to obtain any special-use authorization such as the use of ATV’s, boats or rafts and camping. As a result, the Final Rule specifically excludes from the NOI-requirement any prospecting activity which creates surface disturbances on par with other users of the forest who are not required to obtain special use authorization. It means that under no circumstances do panners, non-motorized sluicers or electronic prospectors need file a Notice of Intent; they do not have to make any contact with the USFS for these types of activities.
Whether this includes motorized sluicing (high-banking) or dredging will depend upon the situation surrounding the location where the activity takes place. While such activity in most cases would more than likely not create a “significant impact,” the USFS reasons that there is the possibility of significant impact in some circumstances (such as when there is critical habitat present which supports a listed species), so they could not categorically exclude motorized mining from the NOI requirement. But they also did not specifically make a Notice of Intent a requirement for these activities. The Final Rule says that the miner or prospector should provide a Notice of Intent if he or she reasonably concludes that there may be a “significant impact.”
Notice of Intent Requirements…
June 6, 2005…
U.S. Forest Service (USFS) published its Final Rule on Section 228.4
PART 228--MINERALS Subpart A--Locatable Minerals 0 1. The authority citation for part 228 continues to read as follows: Authority: 30 Stat. 35 and 36, as amended (16 U.S.C. 478, 551); 41 Stat. 437, as amended sec. 5102(d), 101 Stat. 1330-256 (30 U.S.C. 226); 61 Stat. 681, as amended (30 U.S.C. 601); 61 Stat. 914, as amended (30 U.S.C. 352); 69 Stat. 368, as amended (30 U.S.C. 611); and 94 Stat. 2400. 0 2. Amend Sec. 228.4 to revise paragraph (a) to read as follows:
Sec. 228.4 Notice of intent--plan of operations--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 [[Page 32732]] 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; or (vii) Operations for which a proposed plan of operations is submitted for approval;
(2) The District Ranger will, within 15 days of receipt of a notice of intent to operate, notify the operator if approval of a plan of operations is required before the operations may begin.
(3) An operator shall submit a proposed plan of operations to the District Ranger having jurisdiction over the area in which operations will be conducted in lieu of a notice of intent to operate if the proposed operations will likely cause a significant disturbance of surface resources. An operator also shall submit a proposed plan of operations, or a proposed supplemental plan of operations consistent with Sec. 228.4(d), to the District Ranger having jurisdiction over the area in which operations are being conducted if those operations are causing a significant disturbance of surface resources but are not covered by a current approved plan of operations. The requirement to submit a plan of operations shall not apply to the operations listed in paragraphs (a)(1)(i) through (v). The requirement to submit a plan of operations also shall not apply to 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 will likely cause a significant disturbance of surface resources.
(4) If the District Ranger determines that any operation is causing or will likely cause significant disturbance of surface resources, the District Ranger shall notify the operator that the operator must submit a proposed plan of operations for approval and that the operations can not be conducted until a plan of operations is approved. * * * * * Dated: May 31, 2005. David P. Tenny, Deputy Under Secretary, NRE. [FR Doc. 05-11138 Filed 6-3-05; 8:45 am] BILLING CODE 3410-11-P
Respect and Protect our Public Lands...
Setting up your tents causes more damage than you might think. If you see an established campsite use it. This way only one area will get run down. When choosing a tent site, of course follow your preferred guidelines (flat land, smooth, etc.) but also look for a site with little undergrowth on it. By putting your tent on top of plants, you hurt them and if hurt enough, they might not recover. Another tip on undergrowth in camp is to wear tennis shoes or sandals while in camp. This way your heavy boots will not trample down the ground.
Campfire permits are required outside of a designated campsite from May 1 through October and may be obtained free of charge.
Tel: (530) 468-5351
None Required
Camping at improved campgrounds is limited to the maximum number or days posted at the site (generally no more than 14 days). Dispersed camping is allowed for 14 days outside of developed sites unless otherwise posted.
None Required However... Please telephone the Nez Perce National Forest Dept. before camping in the area in order to be advised of any prevailing hazardous fire conditions, particularly in the summer-autumn months.
Tel: (208) 983-1950
None Required However... Please telephone the Wallowa-Whitman National Forest Department before camping in the area in order to be advised of any prevailing hazardous fire conditions, particularly in the summer-autumn months.
Tel: (541) 426-4978
Dredging permits in Arizona are not required so long as the dredge is 10HP and under and so long as the Nozzle intake is no larger than 4".
None Required
Camping at improved campgrounds is limited to the maximum number or days posted at the site (generally no more than 14 days). Dispersed camping is allowed for 14 days outside of developed sites unless otherwise posted.
CONTACT INFORMATION
REGARDING THE VARIOUS PERMITS THAT MAY BE REQUIRED IN THESE REGIONS
None Required
Camping at improved campgrounds is limited to the maximum number or days posted at the site (generally no more than 14 days). Dispersed camping is allowed for 14 days outside of developed sites unless otherwise posted.
The California Dept. of Fish & Game can be contacted directly for dredging season opening and closing dates, current rates, and an application form by calling;
Camping at improved campgrounds is limited to the maximum number or days posted at the site (generally no more than 14 days). Dispersed camping is allowed for 14 days outside of developed sites unless otherwise posted.
The Oregon DEQ can be contacted directly for dredging season opening and closing dates, current rates, and an application form by calling;
The Idaho Dept. of Water Resources can be contacted directly for dredging season opening and closing dates, current rates, and an application form by calling;
Regarding the various permits/licenses required in some of the western regions where you might be spending time during your gold prospecting vacations.
USFS final rule regarding when it is necessary for a miner or prospector to submit a Notice of Intent (NOI) or Plan of Operation (POO) with the USFS.
ADDITIONAL INFORMATION...
We strongly recommend that information regarding mining claims be acquired directly from the BLM and/or USFS and not through other sources that may change the data in some way. While The Claim Post makes every effort to provide accurate and complete information, various data is subject to interpretation or change. The Claim Post welcomes suggestions relative to correcting errors. The Claim Post provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data.
