2860
Page 1 of 5
FOREST SERVICE MANUAL
SOUTHWESTERN REGION (REGION 3)
ALBUQUERQUE, NEW MEXICO
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL
COLLECTING
Supplement No.: 2800-2008-1
Effective Date: November 3, 2008
Duration: Effective until superseded or removed
Approved: GILBERT ZEPEDA
Deputy Regional Forester
Date Approved: 10/10/2008
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
2800-2001-1 to the Zero Code.
New Document
2860
5 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
None
0 Pages
Digest:
2860.5 – Adds definitions pertaining to geophysical exploration in the Southwestern Region.
2862.3 – Issues direction for geophysical activities including filing and authorization of Notice
of Intent/Authorization (NOI/A).
R3 SUPPLEMENT 2800-2008-1
EFFECTIVE DATE: November 3, 2008
DURATION: This supplement is effective until superseded or removed.
2860
Page 2 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
2860.5 - Definitions
1. 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.
2. Geophysical Exploration. Delineation of an area for further evaluation by gathering
indirect evidence of mineral or energy resources.
3. 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.
4. 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) is required under 43 CFR 3150; (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 follows:
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.
R3 SUPPLEMENT 2800-2008-1
EFFECTIVE DATE: November 3, 2008
DURATION: This supplement is effective until superseded or removed.
2860
Page 3 of 5
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 analysis of a proposed action. If a
NOI/A is incomplete, immediately notify applicant of the deficiencies and perform
analysis 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 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. Lease
stipulations do not apply to geophysical operations and authorization of such
operations should be guided by forest plan direction. Although the issuance of 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. 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
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 above to paragraph 2. b., Analysis.
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; and appeal timeframes for seismic projects. 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. Within five
working days of receipt of a NOI/A, the authorized Forest officer should 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.
b. NOI/A Authorization. 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.
R3 SUPPLEMENT 2800-2008-1
EFFECTIVE DATE: November 3, 2008
DURATION: This supplement is effective until superseded or removed.
2860
Page 4 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
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:
TYPE
Conventional Seismic
DESCRIPTION
Conventional seismic exploration
permits for 2-D shot-hole,
poulter, or vibroseis projects.
3-D Seismic
3-D Seismic exploration projects
Source Line spacing > 1300 ft.
Source Line Spacing < 1300> 800 ft.
Source Line Spacing < 800 ft.
FEE RATE
$200/mile
$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.
Holes generally less than 500 feet deep
for
geothermal prospecting (FSM 2862.5)
$50 per 500 ft of
hole
New, experimental, or other methods
of geological/geophysical exploration
Consult Certified
O&G Specialist
or RO Minerals
Program Manager
Gradient hole
Other
R3 SUPPLEMENT 2800-2008-1
EFFECTIVE DATE: November 3, 2008
DURATION: This supplement is effective until superseded or removed.
2860
Page 5 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER 2860 – FOREST SERVICE AUTHORIZED PROSPECTING AND MINERAL COLLECTING
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 acres or larger undivided tract
within that area to which the operator is denied access 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.
Forest Service field inspector 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.