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FOREST SERVICE MANUAL
ROCKY MOUNTAIN REGION (REGION 2)
DENVER, CO
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL
COLLECTING
Supplement No.: 2800-2006-1
Effective Date: May 22, 2006
Duration: This supplement is effective until superseded or removed.
Approved: RICK D. CABLES
Regional Forester
Date Approved: 05/08/2006
Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was 2800-20001 to FSM 2850.
New Document
2860
6 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2860 (Supplement 2800-92-3, 10/15/1992)
6 Pages
Digest:
2860.5 – Adds definitions pertaining to geophysical exploration in the Rocky Mountain Region.
2862.3 – Issues direction for geophysical activities including filing and authorization of Notice
of Intent/Authorization (NOI/A).
R2 SUPPLEMENT 2800-2006-1
EFFECTIVE DATE: 5/22/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
2860.5 - Definitions
Direct Data. Data used to determine quantity and quality of a mineral resource; that is, a
drill core that could be analyzed for oil saturation, porosity, or thickness of a mineralized zone.
Geophysical Exploration. Delineation of an area for further evaluation by gathering
indirect evidence of mineral or energy resources.
Indirect Data. Data that does not identify quantity or quality but provides insight to the
possible presence and location of a mineral resource; that is, geologic structure, gravitational or
magnetic anomaly.
Notice of Intent/Authorization (NOI/A). Instrument for requesting and authorizing a
geologic, geophysical exploration, or collecting activity (FS-2800-16 or BLM 3150-4). An
approved NOI/A becomes the authorization for the proposed operation.
2862.3 - Geophysical Activities
The Forest Service recognizes that the right to conduct geophysical activities is granted by the
terms and conditions of a standard U.S. Department of the Interior (USDI) oil and gas lease. A
USDI approved Exploration or Development Unit is treated as though it is a single leasehold and
the Unit Operator as the lessee. Authorizing geophysical operations on a leasehold by an
applicant other than the holder of a USDI oil and gas lease does not conflict with the rights
granted to the holder of that lease.
Forest Service administration of geophysical exploration normally includes the following phases:
(1) Filing of a Notice of Intent and Authorization (NOI/A); (2) NEPA compliance and decision
making; (3) NOI/A authorization; (4) Compliance inspections; and (5) Project suspension or
closure. The requirements and standards for the processing and administration of NOI/As are as
follow:
1. Filing of NOI/A. All individuals and companies such as lessees, geophysical
contractors, geochemical contractors, or other government agencies wishing to conduct
geophysical exploration activities on National Forest System lands must submit a NOI/A to the
appropriate authorized Forest officer.
The standardized interagency form “Notice of Intent/Authorization” (FS-2800-16 or BLM 31504) was designed to facilitate collection of all necessary information and to ensure thorough,
accurate, and timely review of applicant's proposal and is to be used for geophysical operations.
R2 SUPPLEMENT 2800-2006-1
EFFECTIVE DATE: 5/22/2006
DURATION: This supplement is effective until superseded or removed.
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FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
2. NEPA Compliance and Decision-making.
a. Review of NOI/A. Filing of a NOI/A initiates Forest Service action that includes
environmental analysis of the Agency’s proposed action consistent with the
applicant’s proposal. If a NOI/A is determined to be incomplete based on initial
review, immediately notify applicant of the deficiencies. Analysis may proceed up to
the point at which the missing information makes further analysis impractical.
b. Analysis. Consistent with the provisions of 40 CFR 1500-1508, conduct an
environmental analysis on geophysical exploration proposals prior to NOI/A
authorization. As provided for in 36 CFR 215.8 and FSH 1909.15 sections 31.1 and
31.2, geophysical operations may be categorically excluded from documentation in an
environmental assessment (EA) or environmental impact statement (EIS) and not
subject to appeal. If documentation in an EA or EIS is determined to be necessary,
use existing analyses and NEPA documents to the extent possible through tiering or
incorporation by reference. The analysis should identify the reasonable and necessary
mitigation measures, if any, which should be attached to the NOI/A authorization.
Records compiled during the analysis must be retained in the project file maintained
at the Forest Service Office administering the permit as delegated in FSM 2860.4.
c. Applicability of lease terms. Lease stipulations do not apply to geophysical
operations, and authorization of such operations should be guided by forest plan
direction. Although a lease grants rights to explore and develop that lease, NEPA
analysis and authorization of a site-specific proposal are required prior to initiation of
any ground-disturbing activities.
3. NOI/A Authorization. The authorization of a NOI/A grants the non-exclusive right to
conduct a geological, geophysical or geochemical survey in accordance with the terms and
conditions of the permit. No proposed activity, with the exception of authorized surveys of lines
or site locations, may begin prior to the authorization of the NOI/A.
a. Timeframe for Authorization of NOI/A. Refer to paragraph 2. b., Analysis above.
The timeframe for authorization depends on whether or not the decision can be
categorically excluded from documentation in an EA or EIS per FSH 1909.15
sections 31.1 and 31.2. The timeframe for authorization also depends on appeal
timeframes. The authorized Forest officer should complete the needed analysis and
decision making in the shortest practical time period consistent with the needs of the
proponent and applicable regulatory requirements. Within five working days of
receipt of a NOI/A, the authorized Forest officer must respond to the proponent to
acknowledge its receipt, request any additional information, and provide an estimate
of when authorization could be expected. This response can be verbal or electronic,
but must be followed up with an official letter.
R2 SUPPLEMENT 2800-2006-1
EFFECTIVE DATE: 5/22/2006
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
b. NOI/A Authorization. Once the applicable environmental analysis process has
been completed, review the general administration clauses and additional provisions
for resource protection with the proponent or their agent and have proponent (or
agent) sign prior to being signed by the Authorized Forest Officer.
c. Reclamation Bond. If the geophysical exploration proposal may result in surface
disturbance requiring reclamation, clean up, or shot-hole plugging, an acceptable
reclamation bond may be required prior to NOI/A authorization. The authorized
Forest officer should ascertain if the proponent has an acceptable bond or cash
deposit in lieu of bond for the proposed project, or if the applicant has a Region-wide
blanket bond on file with the Regional Office in accordance with the provisions of
FSM 6561.
d. User Fee. Do not charge for geophysical exploration activities conducted by
another government agency, for any portion of geophysical activities on acreage
leased by the applicant, or private minerals owned or leased by the applicant. On
such acreage, the lessee must be the authorized operator for the fee exemption to
apply, or they must provide written authorization for a geophysical contractor to serve
as lessee's agent if contractor files the NOI/A. All other authorizations are subject to
the payment of fees as listed below:
R2 SUPPLEMENT 2800-2006-1
EFFECTIVE DATE: 5/22/2006
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
TYPE
DESCRIPTION
FEE RATE
Conventional
Seismic
Conventional seismic exploration
permits for 2-D shot-hole,
poulter, or vibroseis projects.
$200/mile
3-D Seismic
3-D Seismic exploration projects
Source Line spacing > 1300 ft.
Source Line Spacing < 1300> 800 ft.
Source Line Spacing < 800 ft.
$1.00/acre
$1.50/acre
$2.00/acre
Non-Seismic
Magnetic, electro-magnetic, resistivity,
magneto-telluric, induced polarization,
gravity, geochemical, and so forth
$55/permit
Shallow temp.
Gradient hole
Holes generally less than 500 feet deep for
geothermal prospecting (FSM 2862.5)
$50 per 500 ft of hole
Other
New, experimental, or other methods
of geological/geophysical exploration
Consult Certified
O&G Specialist
or RO Minerals
Program Manager
For non-seismic projects where the fee will not vary with shifts in the program, the fee should be
collected at the time of project authorization. For other projects whose fee is based on a per-mile
or per-acre rate, the fee should be collected upon completion of the project and submission of
final maps and information by the operator (Notice of Completion FS-2800-16a, or BLM 31505). For example, for conventional seismic projects, round miles up to nearest whole mile and
multiply by $200). For 3-D seismic programs, calculate acreage to the nearest 10 acres
contained within the outer source and receiver lines, and exclude any 40-acre or larger undivided
tract within that area that the operator is denied access to for protection of other resource values
or uses. Prepare a Bill for Collection (form FS-6500-89) for the total project fee.
4. Compliance Inspections. Determine frequency, scope, and location of compliance
inspections based on factors such as environmental sensitivity, exploration method(s), season,
and company experience and reliability.
Field inspector may inspect each line or project segment as it is completed depending on
agreement with operator or operator's agent and receipt of necessary geophysical line plat.
R2 SUPPLEMENT 2800-2006-1
EFFECTIVE DATE: 5/22/2006
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
Geophysical exploration projects in mountainous terrain or remote locations may require that
compliance inspections be conducted by helicopter. If a Forest Service helicopter is not
available and the operator agrees, Forest Service inspector may use operator's helicopter if the
aircraft and pilot have been inspected and carded by Office of Aircraft Services or the Forest
Service in compliance with the provisions of FSM 5711.1. Inspections and carding must be
current and the inspection completed by a qualified maintenance mechanic.
Forest Service field inspector for geophysical activities must complete compliance inspection
reports and file them in the NOI/A file. Communicate unsatisfactory conditions to the operator
by telephone and follow with a letter to document the situation and necessary corrective actions.
At a minimum, perform final field inspection for compliance with the terms and conditions of the
NOI/A authorization upon receipt of the Notice of Completion (FS-2800-16a) and prior to
termination and the release of the performance bond, if any. For projects without deep drill
holes, conduct final inspections within 30 days of submission of the final exploration plats or
notice of completion, unless factors such as weather or management constraints preclude such
timely inspection. For projects with deep drill holes, monitor for up to one year, depending on
local conditions and experience, to ensure sinking or plug failure are not occurring.
5. Project Suspensions or Closure. The authorized Forest officer, when reasonable and
necessary, may suspend a NOI/A authorization for instances of non-compliance. The period of
suspension will normally be for the period needed to bring operations back into compliance
and/or perform any needed reclamation or mitigation. The authorized Forest officer may
terminate a NOI/A if repeated noncompliance occurs. A decision to terminate an authorized
NOI/A would be appealable under 36 CFR 251.
All NOI/As should normally be closed within 9 months after receipt of the final exploration plat
or Notice of Completion (FS form 2800-16a or BLM form 3150-5), and fee payment. When a
bond is required for a deep shot-hole seismic project, the bond should not be released for
approximately one year after the project is completed to ensure unacceptable settling has not
occurred. The authorized Forest officer who originally required the bond should authorize its
release.