My current understanding is that Mike Doran with the USFS wrote the following (2009) to clarify the regulations the USFS have in place and that it is still in effect. It speaks to using a MD on
US Forests,
NOT National Parks. I have 'bolded' and 'underlined' some of the contents in an attempt to help anyone who doesn't have time to do their own research.
I carry a copy of this when I MD on USFS & BLM lands to help LEO's understand their own regs [and I might add that I've had to use it on occasion to help educate
some LEOs in the field or in conversation with some of their superiors]. I personally don't ever feel the burning desire to ask a local FS employee permission where I may or may not MD on NF/BLM lands. NO, I do not metal detect in National Parks, or at Historical Sites, or at National Monuments, or anywhere one would expect to find anything protected by ARPA or any other places where laws prohibit the use of a MD.
MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE
NATIONAL FORESTS1
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...” ARPA exempts the collection of coins for
personal use if the coins are not in an archaeological context. In some cases, historically
significant coins and other metallic artifacts may be part of an historical-period
archaeological site, in which case they would be considered archaeological resources and
are protected under law. These laws apply to all National Forest System land and do not
vary from state to state.
Four forms of metal detector use are recognized.
1. Searching for treasure trove: Treasure trove is defined as money, gems, or
precious metals in the form of coin, plate, or bullion that has been deliberately
hidden with the intention of recovering it later. This activity requires a Special
Use Permit under The Act of June 4, 1897 (16 U.S.C. 551). Forest Service
Manual 2724.4 states “allow persons to search for buried treasure on National
Forest System lands, but protect the rights of the public regarding ownership of or
claims on any recovered property.”
2. Prospecting: Using a metal detector to locate gold or other mineral deposits is an
allowed activity under the General Mining Laws and is subject to the 36 CFR
228A regulations. A Notice of Intent (36 CFR 228.4(a)) is normally not required
for prospecting using a metal detector. A Notice of Intent (NOI) is required for
any prospecting which might cause disturbance of surface resources. A plan of
operation is required for any prospecting that will likely cause significant
disturbance of surface resources. Normal metal detecting does not cause surface
impacts that require either a NOI or a Plan of Operation. People who use metal
detectors for prospecting should bear in mind that many of the mineralized lands
within the National Forests and open to mineral entry have been “claimed” by
others who have sole right to prospect and develop the mineral resources found on
the mining claim. A search of County and Bureau of Land Management records
should be made prior to prospecting to determine if an area has been claimed.
Normally, any gold found can be removed and kept. If the removal of the gold,
rocks, or minerals might cause disturbance of surface resources, beyond digging a
small shallow hole, a NOI may be required.
3. Searching for historic or prehistoric artifacts: Using a metal detector to locate
archaeological or historical remains is subject to the Antiquities Act of 1906 and
the Archeological Resources Protection Act of 1979 (ARPA) as amended and
requires a special use permit. Such permits are granted for scientific research
only, however, there are many ways to get involved with organized, scientific
research. See below for ways to use metal detectors for this purpose under
sanctioned public archaeology programs.
4.
Recreational pursuits: The most common form of metal detector use is searching
for gold nuggets, lost coins, jewelry, and incidental metal items having no
historical value. Such use is common in developed campgrounds, swimming
areas, and picnic areas and requires no permit. However, one must assume personal responsibility to notice if the area may indeed contain archaeological or
historical resources and if it does, cease metal detecting and notify a Forest
Service office. Not doing so may result in prosecution under the Code of Federal
Regulations or ARPA.
Metal detecting on the National Forests is recognized as a legitimate prospecting method
under the General Mining Laws and also as a recreational activity for the casual
collection of rocks and minerals. This policy does not permit the use of metal detectors in
or around known or undiscovered cultural or historic sites in order to protect our
valuable, non-renewable historical resources. However, recognizing the universal
interest in archaeology and history and the vast public knowledge of such resources, the
USDA Forest Service sponsors a public archaeology program through which metal
detector enthusiasts and others can help. Passport In Time (PIT) is a national program
inviting the public to work with agency archaeologists on historic preservation projects.
We have done numerous projects through PIT in cooperation with metal detecting clubs
and individuals. The cooperation has been beneficial for both the detectorists and
agency’s archaeologists. Locating archaeological sites becomes a joint endeavor and we
learn a great deal. If you would like more information on this program, call 1-800-281-
9176 or visit
www.passportintime.com.
Mike Doran May 27, 2009
