ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Arizona Mining Permitting Guide
Federal Lands, U.S. Forest Service (F.S.)
F.S. - Notice of Intent of Operate and Plans of Operation
Forest Service Minerals and Geology Management website:
www.fs.fed.us/geology/mgm_minerals.html
PERMITS, AUTHORIZATIONS OR FILINGS:
Notice of Intent to Operate, Plan of Operations
LEGAL AUTHORITY:
Mining Law of 1872 as amended 30 U.S.C. § 22 et seq.
Pub. L. -167 of 1955, 30 U.S.C § 601 et seq.
Federal Land Policy Management Act of 1976, 43 U.S.C. § 170 et seq.
36 C.F.R. 228, Subpart A for “locatable” minerals
Note:
Locatable minerals are those minerals that may be located and removed from Federal lands
under authority of the general Mining Law of 1872, as amended. They include all “valuable
mineral deposits” not specifically excluded by various statutes enacted subsequent to 1872. In
general, the locatable minerals are those hardrock minerals which are mined and processed for
the recovery of metals. They also include certain nonmetallic minerals and uncommon
varieties of mineral materials.
CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
The requirements for mining activities on National Forests are specified in the Code of
Federal Regulations (36 C.F.R. 228, Subpart A). These regulations require that anyone
proposing to prospect for or mine locatable minerals that might cause disturbance of surface
resources to file a “Notice of Intention to Operate” with the local Forest Service office. This
will generally be the appropriate District Ranger Office. If the Forest Service determines that
such operations will cause a significant disturbance to the environment, the operator must
submit a proposed Plan of Operations. The Plan must describe such things as the type of
operation proposed and how it will be conducted; proposed roads or access routes and means
of transportation; and the time period during which the proposed activities will take place. All
operations must be conducted in a manner that will minimize adverse environmental impacts
and take into consideration requirements for meeting air and water quality standards and solid
waste disposal, harmony with scenic values, protection of fish and wildlife habitats and
minimization of road construction damage. The Plan of Operations must also indicate the
measures to be taken to rehabilitate areas where mining activities have been completed. An
operator shall also be required to furnish a bond commensurate with the expected cost of
rehabilitation. Details of the requirements for a Plan of Operations are given in 36 C.F.R. 228,
subpart A or 36 C.F.R. 228.4 (c).
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