Geology

Before an individual can engage in any mining activities that may cause significant surface disturbance including, but not limited to, mechanized exploration, mining, residency or site occupation, or travel across non-National Forest System Roads and Trails, the individual must file a Mining Plan of Operations (MPO) or Notice of Intent (NOI) with the local land management agency. Exploration and mining activities on Forest System lands in your local county are administered by the local ranger district on the U.S. Department of Agriculture Pike-San Isabel National Forests & Cimarron and Comanche National Grasslands. A letter explaining your proposed mining activities, along with a map showing proposed access to the claims and location of planned mining activities, is required as a notice of intent to initiate the review process (see below). 

The Forest Service reviews your intended activities to determine if there is a potential to cause surface disturbances and if the activities are in compliance with Forest Service laws, regulations, and the forest management plan of the area, as well as an assessment of potential impacts to adjacent lands in which the claims are located. If there is a chance there may be significant ground disturbance, use of non-National Forest System roads, occupancy of structures, or potential trespass concerns, you will be required to submit a more detailed MPO. Significant surface disturbing activities may require a bond to ensure reclamation will occur on the site once the mineral development is completed. The amount of the bond is calculated at the time the MPO is reviewed and activities at the mine site cannot begin until the bond is collected and the MPO is approved in writing by the Forest Service.

Helpful Handouts:

The Federal Government's policy for minerals resource management is expressed in the Mining and Minerals Policy Act of 1970, "foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs." Within this context, the national forests and grasslands have an essential role in contributing to an adequate and stable supply of mineral and energy resources while continuing to sustain the land's productivity for other uses and its capability to support biodiversity goals.

Locatable minerals: include metallic minerals, nonmetallic industrial minerals, and certain “uncommon variety” minerals with a unique or special quality giving it a higher value. 

Locatable metallic minerals: include gold, silver, platinum, copper, lead, zinc, molybdenum, uranium, thorium, and tungsten. 

Locatable nonmetallic or industrial mineral resources: include mineral commodities like fluorspar, mica, certain limestones and gypsum, tantalum, heavy minerals in placer form, and gemstones. Often, the mineral deposits are considered uncommon varieties of saleable minerals that have undergone a mineral classification where they met certain tests to be classified as locatable. 

• Organic Administration Act of 1897 (30 Stat. 11, as amended; 16 U.S.C. 473-475, 477-482, 551)

            - Also called Public Law 167, Common Varieties Act, or Multiple Use Mining Act.

Under Multiple Use Sustained Yield Act of 1955, the Forest Service must manage its lands for multiple use. This act includes management for the withdrawal of minerals. Though the Forest Service cannot prohibit the discovery or development of valuable locatable mineral deposits, it can regulate surface disturbance caused by these operations. The Mining Law of 1872 encourages exploration and development of minerals on public land. The Bureau of Land Management keeps the minerals estate. The agency managing the land governs activities on the surface.

Locatable minerals are minerals for which a statutory right exists to go onto public domain federal lands open to mineral entry to stake (i.e. “locate”) a mining claim for the purpose of mineral prospecting, exploration, development, and extraction as granted under the General Mining Law ​​of 1872, as amended. All NFS lands are open to prospecting and developing locatable minerals unless they have been appropriated, withdrawn, or segregated from mineral location and entry (16 U.S.C. 482).  

The Forest Service does not require a miner or prospector to file a mining claim to engage in surface disturbing activities on National Forest System Lands. Keep in mind many mineral deposits have already been “claimed” by other prospectors. Removing any minerals or panning on someone else’s claim without permission is considered trespassing. It is your responsibility to check with the Bureau of Land Management or the county for any active mining claims in the area where you plan to carry out your mining activities. 

The Bureau of Land Management manages public lands to support many uses including mining claims and mineral extraction. You can file mining claims on any public lands open to mineral entry and the law encourages you to explore and develop minerals in those areas. However, before buying an unpatented mining claim from a private seller, make sure you understand what you are purchasing.

A Federal unpatented mining claim describes a parcel of federal land that may contain valuable minerals. Any prospective buyer should understand federal mining laws, including the rights and responsibilities of an unpatented mining claim. Keep in mind the phrase “buyer beware” when deciding to purchase a mining claim via an internet site. Sellers may provide incomplete or incorrect information about the mining claim or what type of operation is allowable on the claim. Some mining claims contain residual hazardous materials the seller may not disclose causing the buyer to take on a long-term financial responsibility. Old mine shafts and other workings can result in expensive safety and financial responsibilities for a buyer.

Please note the Forest Service does not administer mining claims. Mining claims can only be filed with the Bureau of Land Management Colorado State Office and the local county recorder's office. By law, mining claims and sites must be recorded with the proper Bureau of Land Management State Office within 90 days of the date of location and recorded with the proper county recorder within 60 days of the date of location. 

Additional information about filing unpatented mining claims on Federal land can be found on this BLM website. 

If you are interested in purchasing a mining claim, please refer to this document for helpful information: BLM Handout - Buying a Mining Claim 

Lode claims-claims on veins or lodes of quartz or other rock types bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits.

Placer claims-for activities on unconsolidated materials and minerals such as placer gold, tin, cinnabar, titanium, and platinum. Placer deposits are superficial deposits washed out of a vein or lode.

The Mining Law of 1872, as amended, provides that all valuable mineral deposits on Federal land are open to exploration and purchase. Miners must locate a valuable deposit and place a claim on it to acquire mineral rights. The claim may be patented* and the title obtained to the mineral and surface rights if the mine is producing. The Mining Law encourages mining companies to initiate exploration and development.

• As of October 1, 1994, Congress imposed a moratorium on spending appropriated funds for the acceptance or processing of mineral patent applications that had not yet received First Half Final Certificate (FHFC) or were not in Washington, D.C. for Secretarial review of FHFC on or before September 30, 1994. Until the moratorium is lifted, the BLM will not accept any new applications.

Reclamation of mined sites on National Forest System Land is a requirement of Federal law and USDA Forest Service regulations. The Forest Service is legally responsible for ensuring operators perform reclamation to a standard that allows the land to be productive again. The Forest Service will inspect and approve reclamation work performed by the operator. This will be in addition to any inspection which the State of Colorado might conduct on any mining claim. Operators should be aware that until reclamation is approved by the Forest Service it is not considered complete.

Reclamation will be more effective with pre-planning of dig locations, proper selection and use of equipment, and placement of topsoil and overburden material. Operators should plan the investment of time and money for reclamation work before beginning a project. Operators will normally not be allowed to delay or postpone reclamation work because of changed economic conditions.

The primary goal of mined site reclamation is to restore the surface to near-natural conditions at the end of mining operations, and thereby restore the land to full productivity. Reclamation standards and practices will be made a part of all mining operating plans.

To ensure reclamation is completed, the Forest Service is required to obtain a bond from mining operators. While other forms of bonding are allowed, a reclamation performance bond (FS-6500-7) and the operator’s cash or check will normally be used. In some cases, the bonding obligation to the Forest Service can be met by posting bond with the Colorado Division of Reclamation, Mining, and Safety (DRMS). Bonds will be periodically reviewed and may need to be adjusted based on changing conditions on the ground, increased equipment costs, etc.