garrettlover
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The answer is yes! here is the latest laws
MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE
NATIONAL FORESTS
1
It is Forest Service policy that the recreational use of metal detectors and the collection of
rocks and mineral samples are allowed on the National Forests. Generally, most of the
National Forests are open to recreational mineral and rock collecting, gold panning and
prospecting using a metal detector. This low impact, casual activity usually does not
require any authorization.
On some eastern Forests gold panning does require a letter of authorization due to the
high clay content of the soils. It is always wise to check with the local District Ranger if
you have questions. Some wilderness areas are closed to gold panning and metal
detecting.
Metal detecting is a legitimate means of locating gold or other mineral specimens and can
be an effective prospecting tool for locating larger mineral deposits. This activity can also
be conducted as a recreational activity locating lost coins, jewelry or other incidental
metallic items of little historical value. Prospecting using a metal detector can be
conducted under the General Mining Laws and is covered under the Forest Service 36
CFR 228A locatable mineral regulations for lands open to mineral entry. Metal detecting
for treasure trove or lost items such as coins and jewelry is managed as a non mineralsrelated
recreation activity.
Metal detecting is a low surface impact activity that involves digging small holes rarely
more than six inches deep. Normally, metal detecting does not require a notice of intent
or written authorization since it only involves searching for and occasionally removing
small rock samples or mineral specimens (36 CFR 228.4(a)).
Metal detectors may be used on public land in areas that do not contain or would not
reasonably be expected to contain archaeological or historical resources. Normally,
developed campgrounds, swimming beaches, and other developed recreation sites are
open to recreational metal detecting unless there are archaeological or historical resources
present. In such cases, forest supervisors are authorized to close the area to metal
detecting and the closure would be posted at the site. Such closure notices are not always
practical in undeveloped areas, and federal agencies have not identified every
archaeological site on public lands. It is possible; therefore, that you may encounter such
archaeological remains that have not yet been documented or an area that is not closed
even though it does indeed contain such remains. Archaeological remains on public land
are protected under law. If you were to discover such remains, you should leave them
undisturbed and notify a FS office.
The purpose of the restrictions to metal detecting on public lands is to protect historical
remains. The Code of Federal Regulations, (36 CFR 261.9) states, "The following are
prohibited: (g) Digging in, excavating, disturbing, injuring, destroying, or in any way
damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or
property. (h) Removing any prehistoric, historic, or archaeological resources, structure,
site, artifact, property." The Archaeological Resources Protection Act (ARPA, 16
U.S.C. 470cc
also prohibits these activities, stating, "No person may excavate, remove,
damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise
2
alter or deface any archaeological resources located on public lands or Indian lands
unless such activity is pursuant to a permit...
MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE
NATIONAL FORESTS
1
It is Forest Service policy that the recreational use of metal detectors and the collection of
rocks and mineral samples are allowed on the National Forests. Generally, most of the
National Forests are open to recreational mineral and rock collecting, gold panning and
prospecting using a metal detector. This low impact, casual activity usually does not
require any authorization.
On some eastern Forests gold panning does require a letter of authorization due to the
high clay content of the soils. It is always wise to check with the local District Ranger if
you have questions. Some wilderness areas are closed to gold panning and metal
detecting.
Metal detecting is a legitimate means of locating gold or other mineral specimens and can
be an effective prospecting tool for locating larger mineral deposits. This activity can also
be conducted as a recreational activity locating lost coins, jewelry or other incidental
metallic items of little historical value. Prospecting using a metal detector can be
conducted under the General Mining Laws and is covered under the Forest Service 36
CFR 228A locatable mineral regulations for lands open to mineral entry. Metal detecting
for treasure trove or lost items such as coins and jewelry is managed as a non mineralsrelated
recreation activity.
Metal detecting is a low surface impact activity that involves digging small holes rarely
more than six inches deep. Normally, metal detecting does not require a notice of intent
or written authorization since it only involves searching for and occasionally removing
small rock samples or mineral specimens (36 CFR 228.4(a)).
Metal detectors may be used on public land in areas that do not contain or would not
reasonably be expected to contain archaeological or historical resources. Normally,
developed campgrounds, swimming beaches, and other developed recreation sites are
open to recreational metal detecting unless there are archaeological or historical resources
present. In such cases, forest supervisors are authorized to close the area to metal
detecting and the closure would be posted at the site. Such closure notices are not always
practical in undeveloped areas, and federal agencies have not identified every
archaeological site on public lands. It is possible; therefore, that you may encounter such
archaeological remains that have not yet been documented or an area that is not closed
even though it does indeed contain such remains. Archaeological remains on public land
are protected under law. If you were to discover such remains, you should leave them
undisturbed and notify a FS office.
The purpose of the restrictions to metal detecting on public lands is to protect historical
remains. The Code of Federal Regulations, (36 CFR 261.9) states, "The following are
prohibited: (g) Digging in, excavating, disturbing, injuring, destroying, or in any way
damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or
property. (h) Removing any prehistoric, historic, or archaeological resources, structure,
site, artifact, property." The Archaeological Resources Protection Act (ARPA, 16
U.S.C. 470cc
damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise
2
alter or deface any archaeological resources located on public lands or Indian lands
unless such activity is pursuant to a permit...