Locatable Minerals - Work to Update Regulations

The revisions are intended to improve the efficiency of the Forest Service regulation of operations authorized by the mining laws, including the review and approvals for plans of operations. The revisions are also needed to more efficiently administer operations under the mining laws on National Forest System lands, to minimize, to the fullest extent practicable, adverse impacts to surface resources. Where appropriate, consistency with the Bureau of Land Management (BLM) surface management regulations governing operations authorized by the mining laws also fosters increased efficiency. The changes will eliminate subjective language by adding greater detail, including clarification of the thresholds for different levels of operations.  

This update has been in the works since 2018. After many iterations, reviews and changes, it is now ready for public review.

The administration prioritized publication of this proposed regulation in support of the goals stated in Presidential guidance, including Executive Order 14154, “Unleashing American Energy,” Executive Order 14156, “Declaring a National Energy Emergency,” and Executive Order 14241, “Immediate Measures to Increase American Mineral Production.”

The proposed rule is expected to increase the efficiency of Forest Service review of mining proposals, and provide greater certainty related to timeframes to begin operations for operators who are not required to submit plans of operations (we estimate an average of 62 operations per year would not require a plan of operations or Forest Service approval based on replacing an ambiguous criterion with a set of specific criteria requiring approval). In addition, it will provide greater consistency with existing BLM practices, while maintaining protection of surface resources on National Forest System lands.

The Forest Service estimates individual operators may spend more time preparing an operating notice or a plan of operations prior to submitting their proposal to the agency. Based on an internal survey conducted in 2019, the agency estimates, under the proposed regulations, an annual average of 62 operations will not meet the thresholds that require plans of operations. This would result in an annual average of 62 additional notice-level operations and 62 fewer plans of operations. Under the proposed rule, notice-level operations can commence 60 days after the agency receives a complete notice, thus reducing the time an operator typically must await approval before commencing operations under a plan of operations under the current regulations.

The agency estimates that there will be an overall annual cost savings of around $2.4 million because of the proposed rule.

Forest Service economists estimate the value of locatable minerals generated from mines located on Forest Service administered lands were more than $1.4 billion in 2024. In addition, the locatable mining industry in 2021 supported more than 17,300 direct and indirect jobs.

Mineral activities support local employment centers in mineralized rural areas. These activities also contribute substantially to the nation’s production of gold, silver, lead, zinc, copper, platinum, palladium, and other critical minerals in the U.S.

The U.S. Geological Survey estimates that the average person in the United States will use 800 pounds of lead, 750 pounds of zinc, 1500 pounds of copper, 3,593 pounds of aluminum, and 32,700 pounds of iron in their lifetime. Additionally, the average person uses 21 pounds of other metals, such as silver and gold, each year.  (Source: https://www.usgs.gov/faq/minerals). 

• Base metals such as zinc and lead are essential in the construction industries.

• Precious metals such as gold, silver, copper, and the platinum group are crucial for medical technologies as well as everyday electronic devices such as computers, phones, modern vehicles, and hybrid and electric vehicles. 

• Precious and base metals are critical to the energy industry through products associated with oil and gas development, solar and wind-derived energy, and hydropower.

The Mining Law of 1872 (30 U.S.C. §§ 21-54), as amended and applied to National Forest System lands through the Organic Act (16 U.S.C. §§ 478, 482, & 551) and the Surface Resources Act of 1955 (30 U.S.C. §§ 611-614) (the mining laws) sets the basic framework for mineral development on federal lands. The mining laws provide that individuals may enter federal public lands to search for, and develop, certain valuable minerals, often referred to as “locatable minerals.”

Subject to valid existing rights, mining cannot occur in areas that are closed to mineral entry and new mining claims may not be filed in those areas. Areas closed to mineral entry include national parks, national monuments, designated Wilderness areas, Wild portions of a wild and scenic river, American Indian reservations, most Bureau of Reclamation projects, military reservations, scientific testing areas, most wildlife protection areas (such as national wildlife refuges), lands withdrawn under the Federal Land Policy and Management Act, and lands withdrawn from mineral entry for other reasons. 

The Forest Service is responsible for implementing the mining laws within the lands it manages. Other land management agencies are responsible for implementing the mining laws and other statutory authorities governing the lands they manage.

Forest Service lands open to mineral entry are located within 17 states: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming (see map). In order to manage impacts to surface resources from mineral development on National Forest System lands, the Forest Service has written the regulations at 36 CFR Part 228 Subpart A.

A recent report found that there are 131 mines approved for production of locatable minerals on National Forest System lands. Of those mines, 100 of them are on less than 10 acres. The total approved disturbance of these operating mines is roughly 0.005% of the 193 million acres of National Forest System lands, or less than 16 square miles.  (Source: GAO-20-461R and GAO-20-520SP)

Forest Service regulations do not prevent the use of lands for other activities except when an active mining operation is present and public use and access is a safety concern. In those cases, mine reclamation will typically ensure continued public use and access once the mining activity is complete.

The Forest Service does not propose any changes that will relax the rules. We are proposing ways to improve the review process of small-scale operations, which have proven to have minimal effect on surface resources. We have also added clearer direction and examples to gain efficiency processing all proposed mining operations.

Under the current regulations, a local authorized officer has 15 days to review a notice of intent from an operator to determine whether the work would cause “significant disturbance of surface resources.” If a proposal would require reclamation, the decision-maker often decides that “significant disturbance of surface resources” will occur, because the current regulations do not allow for financial assurance for notices of intent so there is no assurance reclamation will be completed. In these circumstances, the only option the decision-maker has is to require a plan of operations.

Under the proposed regulations, the authorized officer and operator must meet to verbally discuss the notice-level work, now called an operating notice, before the operator submits the operating notice to the agency. This step allows the agency and the operator to go over known conditions and concerns and to review the regulations to ensure the operator and line officer know what is expected. An operator may proceed under an operating notice as long as nothing in the proposed operation meets any of the criteria that require a plan of operations.

Under the proposed regulations, the authorized officer has 60 days to review an operating notice.

The proposed regulations contain a list of specific criteria and if any of those criteria are met, a plan of operations is required. In addition, an operator must meet with the authorized officer or representative at the local unit to discuss the potential proposal before a proposed plan is submitted. This will allow the agency and the operator to discuss the known conditions and concerns in the area of the proposed operation and review the regulations together as a step to ensure the operator and line officer know what to expect, and the operator can submit a complete plan of operations. The steps of this process are laid out for a clearer, more detailed approach so the agency can achieve greater consistency applying the regulations.

The Agency started by looking at the BLM regulations. Some of the criteria are the same or similar, but other criteria were developed specific to Forest Service management.

The rulemaking process can sometimes be a lengthy one that includes initial and continuous agency research, data collection, analysis of public input, and agency and legal reviews. The agency intends to publish a final rule in late 2026. However, that is just an estimate and subject to change based on public comments and requirements of the rulemaking process.”