Recreational Prospecting in Montana

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Rockhounding involves the searching and collection of small quantities of common variety rocks, gems, or other geologic materials for personal use or enjoyment.

Prospecting is searching for valuable minerals. This can range from collecting hand samples of mineralized rock and gold panning, to using metal detectors and operating small sluices for dredges if they “do not cause significant surface disturbance” 36 CFR 228.4(a)(3).

Forest Service mining regulations govern prospecting and rockhounding activities. [36 CFR Part 228 Subpart A-Locatable Minerals]; [36 CFR 228 Subpart C-Disposal of Mineral Materials]

Fossil hunting allows the collection of petrified wood, invertebrate and plant fossils for personal use. Invertebrate fossils, such as clams, do not have an internal skeleton.

You must have a permit for any collection of vertebrate fossils such as dinosaurs, mammals, fish, and reptiles. Resources found in caves including plant, animal and geologic features are federally protected and may not be altered, damaged, or removed [36 CFR 261.9(i)]. The rules for petrified wood collection are found under 36 CFR Part 228 Subpart C.

Unauthorized collection of archaeological artifacts, such as arrowheads, old bottles, other historic artifacts etc. is prohibited on National Forest lands. [36 CFR 261.9(g)]; [36 CFR 261.9(h)]

Prospecting, rockhounding, petrified wood, and invertebrate and plant fossil hunting usually do not require a permit when there is little or no disturbance to the ground, other resources, and environment. Check with the local ranger district if you have questions on whether a permit may be needed. For example, a free use permit may be required for removal of mineral materials. A Notice of Intent (NOI) for prospecting activities should be submitted to the District Ranger which might cause significant surface disturbance. In part, this means if you plan to:

• Use explosives
• Use power equipment for excavation
• Drive vehicles off public roads or trails
• Clear or remove vegetation
• Store petroleum products or other hazardous or flammable material near streams

Based on the information provided in the NOI, a plan of operation may be required. Forest users should be sensitive to how their activities affect the environment. Rockhounds and prospectors need to carefully refill and revegetate any excavation, no matter how small.

Water quality and fish habitat are critical concerns on national forests and grasslands, so activities in or near streams must be handled with particular care. Consideration should also be given to possible cumulative effects when you do the same activity year after year in the same place.

Any sale or commercial use of petrified wood found on lands administered by the Forest Service requires a permit. A free use permit is required for amateur collectors and scientists to take limited quantities for personal use.

General Guidelines for Mining and Ground Disturbance on Land Managed by the National Forests

Depending on location land ownership, and scope of operations, additional agencies may be involved in your operation and additional permits required.

Montana Department of Environmental Quality (DEQ)

Montana Pollutant Discharge Elimination System (MPDES)

Montana Department of Natural Resources and Conservation (DNRC)

No, not all national forest lands are open for prospecting. Some areas may be excluded, even from non-commercial activities. Examples of excluded areas include:

• Wild and Scenic River corridors
• Historical or archeological sites
• Campgrounds
• Wilderness Areas
• Administrative sites
• Areas “withdrawn” from mineral entry

In addition, you should not work on someone else’s “mining claim” without permission. Claimants have rights to valuable mineral deposits on those sites. It is recommended you check with the local ranger district to identify closed areas and claim locations before you start. Claim information is available at the Bureau of Land Management's Mining Claim page.

State and federal permits are required. A permit from the Montana Department of Environmental Quality (DEQ) is required for all dredging operations, even for small nozzles (4" or less). There is an application fee as well as an annual fee. You must obtain a Section 310 Permit from the local Conservation District. More information on water quality permits, fees, and other State of Montana requirements can be found at Montana DEQ Permitting and Operator Assistance.

Also, because of the potential effects to streams and fish habitat from suction dredging activities, a Notice of Intent (NOI) should be filed with the district ranger to determine if a plan of operations is necessary. State permits require prior approval and the decision whether a Plan of Operations is required must be made before you operate, so schedule paperwork well in advance of dredging.

The Forest Service regulations apply even if you are a member of a group, such as the of Gold Prospectors Assn. of America. In Montana waterways, your permit will only apply to the specific area you designate, and the actual dates agreed upon by you and the agencies.

Many national forests do not have designated mineral collecting areas. However, local groups such as the Ravalli County Gem and Mineral Society, Hellgate Mineral Society, Butte Mineral and Gem Club, Northwestern Montana Gold Prospectors and Kalispell Rockhound Club take regular field trips and can provide more information. Local Chamber of Commerce offices have current contacts, and area bookstores sell several good references for rockhounding in Montana.

Fossils vary in abundance on these forests depending on the age of the rocks exposed at the surface. Check with the Forest Service offices listed for geologic and fossil information.

For safety reasons, do not go into abandoned mines!