Gold Panning

Most of the National Forests in the western states are open to prospecting and mining, including panning for gold. It is important that you recognize the following:

• Within the boundaries of most National Forests there is considerable privately-owned land. Private lands are not open to prospecting or mining without the owner's permission. National Forest visitor maps show the general location of privately owned tracts.
• Some areas of the National Forests are not available for prospecting and mining, including panning for gold. The local District Ranger's office can provide information about these areas.
• Many of the more easily found mineral deposits have already been discovered and claimed by other prospectors. Entering onto these claims for the purpose of prospecting or removing any mineral is claim jumping or trespassing.

You can call the BLM Montana/Dakotas State Office, Mining Claims Section at 406-896-5326 for any claims in the area in which you are interested. Please give a legal description of the land in question. You can also request a mining claim package which gives all of the forms that are required.

Regulations Governing Prospecting and Mining in the National Forests. Anyone proposing to conduct operations which might cause a disturbance of surface resources on the National Forest must file a Notice of Intent with the local District Ranger. The District Ranger then has 15 days to determine whether or not the proposed operations will likely cause a significant disturbance of the surface. If he determines that a significant disturbance is likely, the operator will be required to prepare a plan of operations which includes provisions for the protection and rehabilitation of the surface resources.

A Notice of Intent is not needed to pan for gold when panning will not cause significant surface disturbance. However, a Notice of Intent is required for any operation which will involve the cutting of trees or the use of mechanical earth moving equipment.

When the Notice of Intent is filed, the local District Ranger will be able to advise you of any permits which may be required by local, state, or other federal agencies.

Where to Obtain More Information.  The following publications contain more detailed information regarding prospecting and mining on federal lands:

Mining in National Forests(C1-14).  Contains the full text of the regulations on National Forest surface use under U.S. mining laws. Available at most Forest Service offices, or by writing to the Regional Forester, PO Box 25127, Lakewood, Colorado 80225.

Staking a Mining Claim on Federal Lands(IS #2-78, revised 7/79). Contains general information about staking and filing mining claims. Available at most Forest Service and Bureau of Land Management offices, or by writing to the U.S. Department of Interior, Bureau of Land Management, Washington DC 20240.

Regulations Pertaining to Mining Claims Under the General Mining Laws of 1872(Circular No. 2289). Contains the full text of the regulations pertaining to mining claims under the General Mining Laws. Available from the U.S. Department of Interior, Bureau of Land Management, Washington DC 20240.

Regulations Pertaining to Recordation of Unpatented Mining Claims (Circular No. 2444-A). Contains the full text of regulations regarding the recording of mining claims with the Bureau of Land Management. Available from the U.S. Department of Interior, Bureau of Land Management, Washington DC 20240.

Patenting a Mining Claim on Federal Lands(IS #4-78). Contains information on how to file an application for a mineral patent. Available from the U.S. Department of Interior, Bureau of Land Management, Washington DC 20240.