Geology

Prospecting, Mining, Gold Panning, and Mineral Collecting

The laws that govern mineral resource management on public lands include:

• The General Mining Law of 1872 (30 U.S.C. 22 et seq)
• The Mineral Leasing Act of 1920 (30 U.S.C. 181)
• The Mineral Materials Act of 1947 (30 U.S.C. 601-604)
• The Mineral Leasing Act of 1947 (30 U.S.C. 351-360)
• The Multiple Use Mining Act of 1955 (30 U.S.C. 611-615)

These laws, and others, establish the authority of the USDA Forest Service to manage any surface disturbing activities on National Forest System lands. The Forest Service regulations are derived from the statutes and can be found in 36 CFR 228. If you wish to prospect or mine for minerals, prior Forest Service authorization may be required. 

A mining claim is not required to prospect for minerals. A mining claim is staked to establish the miner’s exclusive rights to a mineral deposit. State laws govern the staking requirements. The claim must be recorded at the county records office and the local BLM office. It is the individual’s responsibility to check the county records to ensure that a claim hasn’t already been filed before beginning work. 

State mining regulations apply to all lands in Montana, Federal and private. Check with the Montana Department of Environmental Quality and the Montana Bureau of Mines and Geology for relevant regulations and permits. 

Those seeking to prospect for minerals or mine a known deposit must contact the local District Ranger to verify that:

1. The lands are indeed public domain lands managed by the Forest Service
2. The lands are open for mineral entry
3. There are no other activities in the area that may be dangerous (i.e., prescribed burns)
4. Any permits required for surface disturbing activities are obtained

In general, any surface disturbing activity requires approval by the District Ranger. Prospecting that entails only mapping and hand sample collection usually requires only a Notice of Intent (NOI). The NOI must include, at a minimum, the intended activity, the location, activity dates, equipment used and contact information. If mechanized equipment will be used (drill rigs, earthmovers, etc.) then a Plan of Operations (POO) needs to be approved. This is to ensure that only the minimum amount of surface is disturbed during operations and that a reclamation plan is approved and bonded.

Learn about Recreational Prospecting in Montana

Gold Panning

Gold panning is a common prospecting technique used to identify locations where gold dust and flakes have collected in stream sediments. Prospecting is the first step in locating a mineral deposit. Because this step usually entails only collecting hand samples and mapping, and no mechanized equipment, it usually does not require a Plan of Operation (POO).

Filing a Notice of Intent (NOI) will enable the Ranger District personnel to verify that the area you plan to operate in is open to mining (some lands are withdrawn from mineral entry). It is your responsibility to ensure that there is not already a mining claim on the land you intend to prospect on. This can be done by checking the Master Title Plat at your local BLM office or the records at your county courthouse. You do not need a claim to prospect, but you cannot conduct any mining activity on another’s claim without permission.

Mineral Specimen Collecting

This is the popular hobby of rockhounds. The collection of small specimens for personal use falls under the same category as prospecting and requires a NOI be filed. If you intend to sell the specimens, you must talk to the district personnel to see if the level of activity requires a POO or a Special Use Permit (SUP). A SUP may be obtained for a small quantity of material for a nominal fee. If the deposit is of sufficient size and economic value to be mined using mechanized equipment, a POO must be filed.  

Each year many homeowners work to transform their yards using rock as a form of decorative landscaping material. If you are interested in obtaining rocks for activities like this from the National Forest, you are required to obtain a free use permit before collecting rocks. Your permit will allow you to collect up to two cubic yards per year for personal landscape rock collection only. This is approximately two pickup loads.  Contact your local Ranger Station to learn more.

Contact Us

Contact the Ranger Station nearest you for more information.