HOPELESS #1

Regulations

Guest on GPAA Claims and Leases

Your active GPAA Membership benefits include spouse or significant other and all children under the age of 18 residing within the household.
As a GPAA Member and to preserve your GPAA Membership benefits, you may invite up to 4 guests while you are prospecting on a GPAA claim or lease. Your family members and guest must be accompanied by you as the primary GPAA Member and understand that as a family member or nonmember they cannot return to the site without you.
Your guests are limited to gold panning, or they may assist you in limited prospecting and must help in the federally required reclamation. Guests are not allowed to operate their own equipment or any members additional equipment.

GPAA Code of Ethics.
GPAA Code of Ethics must be adhered to by all GPAA Member and their guest.
These Code of Ethics have been in place since 1970. Please follow this link to GPAA Code of Ethics.  https://www.goldprospectors.org/Forum/aft/7665

Prospecting and Mining on Private Lands outside of your GPAA - LDMA Membership must only be done with the express written consent of the landowner. Failure to have permission constitutes trespassing. 

Trout Creek Campground 

Federal and State Regulations

The Federal agencies BLM and USFS have federal regulations and policies in place for all federally managed public lands.
States are required to meet federal regulations and in cases of proven environmental impact and water quality concerns they may with federal approval exceed federal regulations.  

The GPAA Claims Department is on all federal and state regulations mailings and when we have updated information, the information is included in this section.

It is however essential that members contact the regions federal and state offices prior to prospecting in areas where they are unaware of current regulations. Regulations can change with federal and state delays in informing claim owners.

MONTANA and North & South DAKOTA

BUREAU OF LAND MANAGEMENT:
§ 3809.5 How does BLM define certain terms used in this subpart?

Casual use means activities ordinarily resulting in no or negligible disturbance of the public lands or resources. For example -

(1) Casual use generally includes the collection of geochemical, rock, soil, or mineral specimens using hand tools; hand panning; or non-motorized sluicing. It may include use of small portable suction dredges. (When allowed by state laws) It also generally includes use of metal detectors, gold spears and other battery-operated devices for sensing the presence of minerals, and hand and battery-operated drywashers. Operators may use motorized vehicles for casual use activities provided the use is consistent with the regulations governing such use (part 8340 of this title), off-road vehicle use designations contained in BLM land-use plans, and the terms of temporary closures ordered by BLM.

(2) Casual use does not include use of mechanized earth-moving equipment, truck-mounted drilling equipment, motorized vehicles in areas when designated as closed to “off-road vehicles” as defined in § 8340.0-5 of this title, chemicals, or explosives. It also does not include “occupancy” as defined in § 3715.0-5 of this title or operations in areas where the cumulative effects of the activities result in more than negligible disturbance.

BLM Casual Use - Can include equipment motor size regulated to LESS THAN 10 Horsepower. This is regulated and defined by each BLM Divisional office and in accordance with state regulations. You must contact the BLM regional or district office for current information regarding Motorized, Mechanical or compounded equipment.

United State Forest Service Lands:
Gold Prospecting & Sluicing on the Forest 
Most of the National Forests in the western states are open to prospecting and mining, including panning and sluicing for gold. The Forest Service does not issue “permits “for mineral-related activities; however, authorization in a plan of operations is needed for some operations. A plan of operations is required for all mining activities that will create a significant disturbance on National Forest System Lands. Gold panning and work with hand tools usually does not require a plan. This is based on the assumption that in most cases significant resource damage will not occur when only hand-held, non-motorized equipment is used.
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd488850.pdf

Check with the District Ranger for specific regulations and guidelines. District office locations may be obtained from the National Forest Supervisor's Offices: 

Please follow this link for specific National Regulations https://www.fs.usda.gov/gsearch/gold%2Bprospecting%2B

Understand that regulations change, and it is your responsibility to contact local National Forest administration for current regs in areas you are prospecting.

MINERAL, ROCK COLLECTING AND METAL DETECTING ON THE NATIONAL FORESTS
This is an extensive document please follow the link below for information concerning USFS policies and regulations: https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5261774.pdf

United States Forest Service office Montana & Dakotas
Region 1: Northern Region
Federal Building
200 East Broadway P.O. Box 7669
Missoula, MT 59807-7669
406-329-3511

What Permit Do I need?
Recreational Mining – Statute: 82-4-301, et seq., MCA Rule: ARM 17.24.101, et seq.
Recreational Miners are not regulated by the State provided the miner:
1. Does not use motorized excavating equipment
2. Does not use blasting agents
3. Does not disturb more than 100 sq. ft. of the earth’s surface
4. Does not dig more than 50 cubic yards of material at any site
5. Does not leave un-reclaimed sites that are less than 1 mile apart
6. Does not use mercury
7. Does not use cyanide or other metal leaching agents
Recreational Miners may require other local, state or federal permits.
Small Miner Exclusion Statement (SMES) – Statue: 82-4-301, et seq., MCA Rule:
ARM 17.24.101, et seq.
A SMES is not a permit or a license, but a notarized affidavit attesting that the miner will follow
the conditions of the small miner exclusion statement. Rules applicable to small miners are:
1. A small mine operation disturbs less than 5 acres of total surface disturbance.
2. A small mine operator may have 2 total SMES operations that have not been reclaimed.
Those operations must be over 1 mile apart at their closest points.
3. Types of SMES activities and commodities may include: open pit, decorative rock, placer,
underground, etc…
4. A small mine operator may not hold a SMES in addition to an Operating Permit that has
over 100 acres of permitted disturbance.
5. SMES are valid for 1 year and can be renewed annually.
SMES operations may require other local, state or federal permits.
Exploration License – Statue: 82-4-332, et seq., MCA Rule: ARM 17.24.103, et seq.
As a guideline, an exploration license is intended for exploratory operations to determine the
feasibility of mining.
1. License applies statewide and can include multiple sites and multiple plans of operation.
2. Often includes drill holes and associated surface disturbance, and exploration trenches, but
can also include underground tunnels, adits, and declines.
3. No more than 10,000 short tons of material may be taken for testing from each site under
an exploration license.
4. All activity must be bonded, and an environmental review must be conducted for each
plan of operation.
Exploration Licenses may require other local, state or federal permits.
Operating Permits – Statue: 82-4-301, et seq, MCA Rule: ARM 17.24.101 et seq.
1. Mining operations generally with greater than 5 acres of total surface disturbance,
including quarries, roads, processing areas, loadouts, etc…
2. Can cover a single location or multiple quarries
3. All activity must be bonded, and an environmental review must be conducted
Operating Permit will likely require other local, state or federal permits.
Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 I Helena, MT 59620-0901 I (406) 444-2544 I www.deq.mt.gov
State of Montana
Department of Environmental Quality
Small Miner Exclusion Statement
The Small Miner Exclusion Statement (SMES) is one of three regulatory instruments that the
Department of Environmental Quality (DEQ) Hard Rock Mining Bureau (HRMB) administers
under the 1971 Montana Metal Mine Reclamation Act (MMRA). The SMES is not a mining
permit, but is an exclusion from the requirement to obtain a mining permit. The SMES is an
agreement that a miner signs attesting that they will follow the rules and conditions of the exclusion
statement in order to be exempted from obtaining a full mining permit.
The following notes and Frequently Asked Questions are meant to summarize the legal
requirements and department policies related to the SMES program. However, this should not be
relied upon as a comprehensive list of all legal requirements. Rather, the small miner should refer
to the provisions of the MMRA and Administrative Rules of Montana (ARM) to determine all
compliance requirements.
SMES Laws and Rules
The following outlines some of the basic framework related to SMES compliance. The list is not
comprehensive, so please take some time to read over all of the provisions of state law applicable
to the SMES. The MMRA provisions are set forth in Sections 82-4-303(30) and 82-4-305 of the
Montana Code Annotated and ARM 17.24.101 through 102, and 17.24.180 through 189.
• Size Limit – Total surface disturbance cannot exceed 5 acres.
o Disturbance generally includes all land associated with the mining operation such
as excavated ground, waste dumps, roads, conveyor systems and load-out areas.
o Access roads can be bonded and, once bonded, that acreage can be deducted from
the total disturbed acreage.
• Reclamation – Reclamation is generally not required for SMES sites, with the exception of
placer operations. All disturbance associated with a placer operation must be reclaimed
within 6 months after cessation of mining.
• Number of SMES per person or company – A small miner may hold up to 2 SMES that
disturb up to 5 acres each. A small miner may hold additional SMES after first fully
reclaiming an earlier operation.
• SMES Location:
o SMES held by the same operator must be located at least 1 mile apart.
o Discontiguous sites are allowed within a 1-mile diameter, provided that they are
part of the same operation and the total disturbance is under 5 acres.
o SMES may not be located on ground previously operated under an Operating
Permit.
o SMES may not be located on ground previously reclaimed by a public agency.
Getting Started
A SMES agreement must be submitted for each individual operation. Once a SMES agreement
has been submitted to DEQ, the small miner may commence mining activity with the exception of
placer mines. Small miners wishing to placer mine must first submit a $10,000 reclamation bond.
If the placer miner thinks the bond may be calculated at less than $10,000, the SMES-Placer
Mining Addendum can also be submitted in order for DEQ to calculate an appropriate reclamation
bond. Placer mining cannot proceed until the reclamation bond has been posted, and DEQ has
issued a Notice of Receipt.
Annual Renewals
The authority to mine granted by the SMES must be renewed annually. All SMES expire at the
end of the calendar year. An annual renewal form must be submitted before mining commences
each year. Renewals are valid for the remainder of the calendar year in which they are submitted.
Renewals can be submitted to DEQ no earlier than December 1st of the year preceding the calendar
year in which it would become valid. Renewals can be submitted any time during the calendar
year, however a renewal MUST be submitted before mining commences each year. DEQ will email
a reminder to renew and a current renewal form near the end of each calendar year. However,
DEQ will not send paper reminder letters.
Field Inspections
In general, DEQ or other authorized parties will inspect the site during the first season of operation,
subject to staff availability. DEQ may also conduct site inspections during following seasons.
Small miners conducting placer mining who have completed reclamation must make a request to
DEQ for release of the associated bond. DEQ will conduct an inspection of the site before
determining whether release of the reclamation bond is appropriate. DEQ will typically conduct
no more than one reclamation inspection per year at the miner’s request. No reclamation
inspections will be scheduled while snow is on the ground as it is not feasible to adequately assess
reclamation progress.
Site Status
SMES sites fall into three status categories; Active, Inactive, and Closed. Active sites are up-todate
on annual renewals. Inactive sites are not up-to-date on annual renewals and remain
unreclaimed. Closed sites are those that have been fully reclaimed, and for placer sites, the full
amount of the reclamation bond has been released.
As stated previously, each small miner may hold up to 2 SMES. Only sites that are categorized as
Closed do not count against a small miner’s 2 allowable SMES. Any site that is categorized as
Active or Inactive is included in the total number of SMES that can be held by a small miner.
Frequently Asked Questions
1. What mining activities do not require a SMES or Operating Permit (OP)?
All of the following criteria must be met in order to be categorized as “Recreational Mining”,
which is not regulated by the State:
1. Does not use motorized excavating equipment
2. Does not use blasting agents
3. Does not disturb more than 100 sq. ft. of the earth’s surface
4. Does not dig more than 50 cubic yards of material at any site
5. Does not leave unreclaimed sites that are less than 1 mile apart
6. Does not use mercury
7. Does not use cyanide or other metal leaching agents
Recreational Miners may need other local, state, or federal permits to operate.
2. Is a SMES required for high banking or suction dredging?
Review the above “recreational mining” criteria to determine if your high banking activity
may require a SMES. Suction dredging does require a suction dredge permit, which is
administered by the DEQ Water Quality division. Please contact the Water Quality
Division at (406)444-5546 to receive the most updated forms.
3. What mined commodities are regulated by the HRMB?
This question is better answered by identifying what commodities are not regulated by the
HRMB:
• Oil and gas is regulated by the Department of Natural Resources and Conservation
(DNRC) Board of Oil and Gas Conservation program
• Coal and uranium mining is regulated by the DEQ Coal program
• Sand, gravel, clay, and soil mining is regulated by the DEQ Opencut program.
• Suction dredging is regulated by the DEQ Water Protection program
4. Does DEQ administer mineral rights or mining claims?
No. Mineral rights and mining claim regulation is a function of the federal Bureau of Land
Management (BLM).
5. I have a permit to mine from the US Forest Service or BLM. Do I also need permission
from DEQ?
Yes. DEQ HRMB regulates mining activity on state, federal, and private land. DEQ HRMB
does not regulate mining activity within a reservation boundary.
6. Do I need a SMES or OP to mine on my own private land?
Yes. DEQ HRMB regulates mining activity on state, federal, and private land. DEQ HRMB does
not regulate mining activity within a reservation boundary.
7. Is a SMES or OP from the DEQ HRMB the only permit I need?
Sometimes. While DEQ can provide you a list of common permits you may also need, it is
the responsibility of the miner to know and to obtain all necessary permits before the
operation commences.
8. How much does a SMES cost? How much is the cost to renew my SMES annually?
SMES and SMES renewals do not have an associated fee.
9. Whom should I contact if I have questions about the SMES program?
Two DEQ staff oversee the SMES program. Please refer to the included map to determine the
appropriate contact for your area.
• Northern half of the state: Jake Mohrmann - (406)444-4330, jake.mohrmann@mt.gov
• Southern half of the state: Whitney Bausch - (406)444-4960, wbausch2@mt.gov

State offices
including water regulatory, Fish & Game and other state agencies that oversee lands must be contacted to assure that you are prospecting within additional guidelines for public land use.

BLM Montana/Dakotas
Montana State Office
5001 Southgate Drive
Billings, MT 59101
406-896-5000
email BLM_MT_SO_Information@blm.gov

Eastern Montana/Dakotas District Office
111 Garryowen Road
Miles City, MT 59301
406-233-2800
email BLM_MT_Eastern_Montana_Dakotas_DO@blm.gov

North Central District Office
920 Northeast Main
Lewistown, MT 59457
406-538-1900
email BLM_MT_Central_DO@blm.gov

Western Montana District Office
106 North Parkmont
Butte, MT 59701
406-533-7600
email BLM_MT_Butte_FO@blm.gov

Please CLICK and Read this link before accessing these claims 

Regarding Bessie Henry, Kamsie and Kamsie #2:

Ten Mile Creek is a water shed for Helena and regulated by the Department of Natural Resources. Following their guidelines, you can pan or use a sluice box. you must dig in the water only, you may not dig on the dry bank and bring dirt into the water. Also, you are not permitted to suck from of discharge to the stream.  After Aug.15th you may apply for a permit to use a suction dredge.