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FOREST SERVICE MANUAL
DENVER, CO
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2850 – MINERALS MATERIALS
Supplement No.: 2800-2000-1
Effective Date: December 14, 2000
Duration: Effective until superseded or removed
Approved: TOM L. THOMPSON
Acting Regional Forester
Date Approved: 11/30/2000
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document name. Remove entire document and replace with this supplement. Retain this
transmittal as the first page of this document.
New Document(s):
2850
10 Pages
Superseded Document(s):
2850 (Supplement 2800-92-4)
2 Pages
(Last supplement was 2800-97-1 to
2817.2-2819.3.)
Digest:
2850.11
2850.43
Establishes criteria for mineral material disposals from acquired lands.
Updates Authorized Officers' responsibilities and establishes minimum
administrative fees for mineral material disposals.
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2850 – MINERAL MATERIALS
2850.11 - Acquired Lands
The Bankhead-Jones Farm Tenant Act of July 22, 1937, provides for disposal of mineral
materials from those lands that meet the criteria listed in Subpart C of 36 CFR 228.41(b)(4).
Materials from these lands may be disposed of only to public authorities and agencies for public
purposes.
2850.4 – Responsibility
2850.42 - Regional Foresters
The Regional Forester has the responsibility to make annual reports to the Washington Office
and monitor Forest activity to ensure program objectives are met. Regional Forester is also
responsible to:
1. Develop and implement Regional strategies for managing mineral materials.
2. Conduct and/or approve mineral rights appraisals (that is, mineral values).
3. Verify valuable discoveries made under Preference Rights permits.
4. Review material contracts having a value in excess of $25,000 to ensure contract
stipulations and bonding requirements are current and within the authority of the authorized
officer.
5. Classify common variety minerals in accordance with the authority under Public Law
167 of July 23, 1955.
2850.43 - Authorized Officers
Forest Supervisors are delegated the authority to carry out the responsibilities set forth in 36 CFR
228, Subpart C as "authorized officer" for disposals up to 100,000 cubic yards (or weight
equivalent) of mineral material.
Forest Supervisors may authorize District Rangers to conduct sales and issue "free use" permits
for up to 25,000 cubic yards (or weight equivalent) of mineral material.
District Rangers may authorize Forest Officers to conduct sales up to 500 cubic yards (or weight
equivalent) and issue "free use" permits for mineral materials.
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2850 – MINERAL MATERIALS
Forest Supervisors are responsible for NEPA compliance with terms and conditions of all
disposal authorizations, and for issuance of preliminary prospecting permits. These
responsibilities may be delegated to the District Ranger
In carrying out the responsibilities set forth in 36 CFR 228, Subpart C, "authorized officers"
shall:
1. Not sell material for less than the fair market value (36 CFR 228.43, also see FSM
2856).
2. Charge the following administrative fees for free use permits and sales of mineral
materials to cover costs of issuing and administrating the disposals (36 CFR 228.43(a)(4)(b)).
Administrative fees are paid at the time of sale or when the permit is issued and are not
refundable. The fees are deposited into Job Code 899015, Treasury Symbol 123220, "General
Fund Proprietary Receipts, Not Otherwise Classified, Other".
Authorized officer may adjust administrative fees for multiple contracts to the same purchaser
from the same site, after the first contract and within a 2-year period.
Regional Administration Fees for Material Disposals
Disposal Size
Charge
Up to 10 cubic yards (C.Y.)
No charge
10 to 100 (C.Y.)
$25
101 to 5,000 C.Y.
$50
5,001 to 15,000 C.Y.
$100
15,001 to 50,000 C.Y.
$200
50,001 to 100,000 C.Y.
$400
100,000+ C.Y.
$600
An additional administrative fee may be charged to recover costs incurred for the preparation of
an Environmental Assessment or Environmental Impact Statement; or, enter into a collection
agreement with the proponent to complete the necessary NEPA requirements through a thirdparty contractor. These are costs incurred in issuing the permit or sale. Collect these fees in
advance of the sale or permit issuance and deposit into Job Code 899015, Treasury Symbol
123330, "General Fund Proprietary Receipts, Not Otherwise Classified, Other".
3. Ensure adequate measures are incorporated into disposal authorizations to protect and
minimize damage to the environment. These measures must be consistent with Forest Plan
direction and the project specific NEPA analysis.
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2850 – MINERAL MATERIALS
4. Ensure that all disposal authorizations contain measurable performance standards for
all reclamation requirements, and all required bonds adequately cover the costs of reclamation.
Follow FSM 2840 for guidance on reclamation.
5. Conduct mineral material site Inspection and Enforcement (I&E) and Production
Verification (PV) for the following purposes:
a. To identify and resolve unnecessary or undue resource degradation, and ensure
protection of the environment, public health, and safety.
b. To monitor and ensure proper compliance with laws and regulations, policy, the
mine and reclamation plan, and the contract or permit stipulations.
c. To ensure accurate accounting for materials removed and proper compensation to
the Federal Government, and to identify and resolve mineral trespass removal in a
timely manner.
d. To administer disposal authorizations to standard, base the number of inspections
on the size and type of disposal. The following are minimum frequency requirements
for I&E/PV. Conduct more frequent I&E/PV where conditions warrant.
(1) Sales: Annual Production.
(a) Up to 100 Cubic Yards (CY) (76 Cubic Meters (m3)) (or weight equivalent).
Conduct I&E/PV at the discretion of the authorized officer.
(b) Between 100 CY (76 m3) and 5,000 CY (3823 m3) (or weight equivalent).
Conduct I&E/PV at least once during the term of the contract or permit. For contracts
or permits of greater than one year, conduct I&E/PV at least once annually. At a
minimum, the PV shall include a field inspection. Require an operator submittal of
the amounts removed at the end of the contract or annually for multiple year
contracts. Require other field methods of the operator, as appropriate.
(c) Between 5,000 CY (3823 m3) and 15,000 CY (11,469 m3) (or weight
equivalent). Conduct I&E/PV at least twice, or twice a year for multiple year
contracts. The PV shall include, at a minimum, a field inspection. Require an
operator submittal at the end of the contract or annually for multiple year contracts.
Require other field methods of the operator, as appropriate.
(d) Between 15,000 CY (11,496 m3) and 50,000 CY (38,230 m3) (or weight
equivalent). Conduct I&E/PV at least quarterly, or twice for contracts with less than
a 6-month term. The PV shall include, at a minimum, a field inspection and use of a
Pace and Compass or Tape and Compass by the Forest Service. The use of a more
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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CHAPTER 2850 – MINERAL MATERIALS
sophisticated survey technique is encouraged. Require at least one operator submittal
on a quarterly basis. When conditions warrant, require more frequent submissions.
Require the operator to provide a pre- and post-survey of the disposal area.
Aggregate sale of greater than 50,000 CY (38,230 m3) (or weight equivalent) out of
the same pit by one operator should trigger the need for an operator provided survey
of the disposal site.
(e) Over 50,000 CY (3,230 m3) (or weight equivalent). Conduct I&E/PV at least
once a month. Inspections should include an examination of the operator's PV
methods (that is, survey control points, scales, and so forth). Require the operator to
provide a pre- and post-survey of the disposal site. For contracts that exceed one year
in duration, require annual surveys for pit dimensions and volume removed. Require
at least one operator submittal on a quarterly basis.
(2) Free Use. Conduct compliance inspections at least once a year during the life of
the permit to administer the permit to standard. Inspections are discretionary for
removals of less than 100 CY (76 m3) (or weight equivalent) on an annual basis.
Require the operator to provide annual reports on actual production. The authorized
officer shall ensure that the permittee complies with this requirement. Use other
methods of PV at the discretion of the authorized officer.
(3) Removal Trespass. (Under permit). Document problems identified during an
inspection in an inspection report. Notify the permittee of corrective measures
needed and the dates by which the remedial actions must be completed. Within a
reasonable time period, re-inspect the site in order to ensure that the operator has
adequately corrected the problem. If an operator is in trespass, the authorized officer
shall issue a trespass notice and conduct a survey of the site to verify the amount
removed. Require the operator to submit all documentation relating to the material
removed. After discovery of a trespass, the authorized officer should increase the
frequency of inspections to address the circumstances. Document the case file with
the method and supporting data used to determine the quantity extracted for each pit.
Use photographs, as appropriate, as part of the case file to aid in recording field
observations.
(A trespass notice is a certified or hand delivered letter to the permittee notifying of
the trespass and outlines the specific corrective action needed to rectify the trespass.
If a trespass has occurred, the authorized officer must determine if the trespass was
"willful" (intentional) or "non-willful" (unintentional, in good faith or an honest and
reasonable belief the taking was rightful).
(4) Production Verification Methods. Use the type of production verification that
reflects the accuracy needed. The techniques used for production verification range
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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from physical measurements taken during filed inspections to the use of high-tech
methods that quantify the volume of material removed. Measurements using any of
the following methods may need to consider overburden, swell and compaction
factors, weight versus volume, and waste (oversize and fines). If a discrepancy
occurs between the volume estimate and the reported volume and/or the operator
disagrees with the findings, use an alternative verification method.
(a) Site Visits. Examine an operation for compliance with regulations and
stipulations of the contract or permit and visually estimate the quantity removed.
(b) Pace and Compass. Measure distances by pacing.
(c) Tape and Compass. For more exact and detailed traverses, use a tape to measure
pit dimensions and stockpiles. Most surveys performed for production verification
use this method.
(d) Specialized Technology. On large scale projects, or on projects that require more
accurate production verifications, consult with land surveying (cadastral) specialists
at the forest, zone, or regional level regarding alternative methods. These methods
may include: conventional surveying (transit/theodolite and tape), electronic
surveying (electronic measurement, data collection, and processing equipment),
photogrammetric surveying (aerial or terrestrial photograph measurements), satellite
surveying (global positioning systems (GPS)), or computer generated mapping (CAD,
GIS), any of which can provide reliable and cost effective results for specific
applications. The cadastral specialist must have a clear understanding of (1) the
purpose of the work to be done, (2) minimum accuracy requirements of the work, (3)
the final product(s) or service(s) needed, (4) any fiscal constraints, and (5) realistic
time frames for the completed work, allowing adequate time for review and revisions.
Address certifications, reports, statements, or potential litigation commitments from
any specialist.
(e) End-Use Verification. Measure the volume of material at the end-use project
area, and then compare the measured volume with the reported volume.
(f) Operator Submittals.
Trip Tickets. The truck driver or loader operator deposits completed volume or
weight tickets in a secure box each time the operator exits the pit. Measure the
dimensions of the truck and calculate the volume it holds. Each trip ticket represents
the volume of one truckload.
Weight Tickets. An operator provides certified copies of tally sheets from certified
scales.
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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FSM 2800 – MINERALS AND GEOLOGY
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Production Reports. The operator is required to provide a production report during
the specified reporting period.
Pre- and Post-Surveys. An operator provides certified surveys of the site for
determining pit dimensions and quantity removed.
2851 – SALES (36 CFR 228.57)
Disposals may be by negotiated sale, competitive sale, negotiated preference right contract
through prospecting permit, free-use permit, designation as a material source in a Forest Service
timber sale or other contract, or administrative (In-Service) use.
2851.2 - Prospecting Permits
These permits may be issued only for lands acquired under the Weeks Act or having Weeks Act
status, if there is insufficient information on the mineral material resource to conduct a sale.
Issue such permits free of charge unless the Forest or District determines that a significant
administrative cost is being incurred.
2852 - FREE USE
Free-use permits may be issued to any individual, for personal use only, up to 10 cubic yards (or
weight equivalent) for any 12-consecutive months. Free-use permits may be issued to non-profit
organizations or groups, or government agencies under the conditions specified in 36 CFR
228.62.
Materials shall not be provided free to any individual, permittee, group, organization or
government agency whose policy is to charge the Forest Service for use of materials under their
control, unless there is clear evidence to show that the Federal Government is a direct beneficiary
of the material use. Forests and Districts may establish additional volume restrictions.
Free-use permits may be issued to amateur collectors, hobbyists, and scientists for limited
quantities of petrified wood for personal use only. The material may not be bartered or sold.
Forests and Districts may establish designated areas where permits are not required. Authorized
officers must establish collecting rules for each area. The rules must be posted at these areas and
the District and Supervisor's office.
2854 - COMMUNITY SITES AND COMMON-USE AREAS
2854.1 – Purpose
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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Community sites or pits and Common-use areas may be established to make simple nonexclusive
disposals of small volumes to noncommercial users. There is no size limit for these areas,
however community sites should be well marked on the ground, and each should have
designated legal descriptions incorporated into forest plans.
1. A community site is a more specific site where mineral material disposals of fewer
than 250 cubic yards each (or weight equivalent) may be authorized.
2. A Common-Use area is a more broad geographic area designated for removal of
materials that occur on the surface. Limit size of each sale to 500 cubic yards (or weight
equivalent) or less.
2854.3 – Term
Sales or free-use disposals from community sites (pits) or common-use areas may not exceed 30
days duration with the right to apply for one 30-day extension. Forests and Districts may
establish shorter terms as needed.
2855 - OPERATING PLANS
In addition to minimum requirements in the regulations (36 CFR 228.56), operating plans for
proposed disposals greater than 1,000 CY in volume (or weight equivalent) should include:
1. A map showing the general location of the proposed site, including access routes.
2. A map or sketch at a scale of at least 1 in. = 1000 ft., showing the area applied for, the
area to be disturbed, the existing and any proposed access routes and staging areas, any
structures or facilities planned, and any known historic resources present.
3. A description of the proposed operations, including the methods of extraction, all
planned development and surface disturbance, type and size of equipment to be used, identifying
an on-site contact or permittee's representative responsible for the operation (if applicable).
4. A description of all measures to be taken to protect and minimize damage to the
environment, and prevent hazards to the public health and safety, and including reclamation
plans that address structure and equipment removal.
Operating plans for material sources designated in construction contracts shall follow guidelines
in FSH 7709.56.
Any revisions to an approved operating plan require approval by the authorized officer. Prepare
operating (pit) plans for all in-Service pits, community sites, and common-use areas (36 CFR
228.64(b)).
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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Authorized Officers may establish additional requirements for disposals under their authority.
2856 – APPRAISAL
All mineral materials for sale must be appraised to determine fair market value (36 CFR 228.48)
of the right to extract and remove the mineral commodity. Appraisals shall be conducted by a
qualified appraiser, minerals geologist, or geological/mining engineer; and approved by the
Regional Forester.
2856.21 - Market Data Approach
Material shall not be sold for less than fair market value, obtained through an appraisal for the
commodity being sold. Appraisals should be no more than five years old, but must be updated
annually before used.
Minimum charges should be considered as "floor" values, not as "standard" values. The value of
each sale must be substantiated by an appraisal. This can be prepared either for an individual
sale, or for a general area where a specific variety has similar values. When the latter method is
used, retain a copy of the area appraisal in each applicable case folder. The BLM appraises some
material and their appraisals may be used, provided they have been reviewed and approved for
use by the Director of Physical Resources.
When an appraisal clearly shows that the product has a lower value than the Regional minimum,
submit the appraisal to the Regional Forester for review of the proposed charge before issuing
the permit. These appraisals should be sufficiently documented to prove that the lower value is
fully justified.
Product/Commodity
Regional Minimum Value (*)
$/TON
Conversions
(1 TON = 2000 lbs.)
$/CUBIC YARD (CY)
Sand & Gravel
$0.35
$0.50
3200 lbs./CY
Fill dirt
$0.30
$0.36
2400 lbs./CY
Rip-rap
$0.30
$0.36
2400 lbs./CY
Clay
$0.30
$0.33
2400 lbs./CY
Pumice
650 lbs./CY
Cinders
1000 lbs./CY
Stone
$5.00
Not Applicable
2500 lbs./CY
Flagstone/ Decorative Stone
$12.00
Not Applicable
2500 lbs./CY
Landscape rock
$5.00
Not Applicable
2500 lbs./CY
Peat
900 lbs./CY
* (The Regional Office should be consulted every year for current costs and for material not
listed above, or if there is a question on the classification of a mineral commodity.)
R2 SUPPLEMENT 2800-2000-1
EFFECTIVE DATE: 12/14/2000
DURATION: Effective until superseded or removed
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CHAPTER 2850 – MINERAL MATERIALS
2857 – BONDING
A performance bond must be furnished to the authorized officer for all disposals, except as
identified in the regulations to ensure payment (as necessary), reclamation, and other conditions
of the contract or permit. Guidance for bonding is found in the regulations at 36 CFR 228.51.
The Regional Office must review bonding requirements for all disposals greater than $5,000
prior to signing the contracts.