2810.44 Exhibit 01
Page 1 of 5
FOREST SERVICE MANUAL
ALBUQUERQUE, NEW MEXICO
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER – ZERO CODE
Supplement No.: 2800-2001-1
Effective Date: May 31, 2001
Duration: Effective until superseded or removed
Approved: JAMES T. GLADEN
Deputy Regional Forester
Date Approved: 05/21/2001
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. The last supplement to this Title was 2800-94-1 to
FSM 2850.
New Document(s):
2810.44 Exhibit 01
5 Pages
Superseded Document(s):
2810.44 Exhibit 01
2803
2811.11 through 2817.3
2821—1 through 2822.42
3 Pages
1 Page
16 Pages
33 Pages
Digest:
2803
2817.23
2817.3
2822.04b
Retains policy to insure that cultural resources are identified and
evaluated for significance, per FSM 2361.01.
Retains review and approval of plans’ responsibility for identifying and
evaluating cultural resources to comply with 36 CFR 228.
Retains noncompliance, criminal action direction relating to the Regional
Lands and Minerals Staff review of cases before issuing a violation
notice.
Retains that Director or acting director of Lands and Minerals staff
provides response to BLM proposals to issue mineral leases, permits, and
licenses.
R3 SUPPLEMENT 2800-2001-2
EFFECTIVE DATE: 05/31/2001
DURATION: Effective until superseded or removed
2810.44 Exhibit 01
Page 2 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER – ZERO CODE
2810.44 - Exhibit 01
Delegations of Minerals and Geology Authorities
Delegable (Del) = The authority is delegated and may be redelegated to next lower
organizational level.
Yes = The authority is delegated to the organizational level.
Yes ( ) = The authority is delegated to the position identified in parenthesis.
No = The authority is not delegated and may not be exercised.
RF = Regional Forester; DRF = Deputy Regional Forester; SD = Staff Director; FS =
Forest Supervisor.
Delegated Authority - Activity
FSM 2800 - Minerals and Geology
Insure that cultural resources (FSM
2361.01) are identified and evaluated
for significance and, if found to be
significant, are salvaged or protected
from adverse effects in advance of land
disturbance. The statutory rights of
those operating under the general
mining law also must be recognized.
Conduct minerals examinations of
mining claims for validity, surface use
determinations, valid existing rights
determinations, and mineral
classification reports on common
versus uncommon variety mineral
materials (MOU 4/1/57, see FSM
1531.12). Note: On the matter of
mineral examinations of mining claims
for patent applications, the Forest
Service has recently agreed to
surrender all responsibility back to the
Bureau of Land Management (BLM).
With the exception of certain
"grandfathered" patent cases in Arizona
which are part of BLM's 5-year plan for
completion.
Advise land office of course of action
to be taken upon the application.
FSM/FSH Reference
Authority delegated to
RF
DRF SD
FS
FSM 2803
Del
Yes
Yes
(LM)
FSM 2815.04
Del
Yes Yes
Del
Yes
Certified Certified
Mineral Mineral
Examiner Examiner
FSM 2815.04
Del
Yes
Yes
(LM)
No
R3 SUPPLEMENT 2800-2001-2
EFFECTIVE DATE: 05/31/2001
DURATION: Effective until superseded or removed
2810.44 Exhibit 01
Page 3 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER – ZERO CODE
Delegated Authority - Activity
Administer 36 CFR Part 228, Subpart
A. Redelegation to District Rangers
shall be made to the maximum extent
practicable except for approval of plans
of operations for Research Natural
Areas, Experimental Ranges, and
Experimental Forests.
Administer 36 CFR Part 228, Subpart
A, with regard to wilderness
Review and approval of plans. The
agency responsibility for identifying
and evaluating cultural resources must
be met while also complying with the
objectives, policy requirements, and
procedures of 36 CFR 228, especially
with respect to being “timely” and
reasonable. Based on the cultural
resources survey, the Forest Service
specifies protective and/or mitigative
measure required to be taken by the
operator as a condition of approval of
the plan of operation. These measures
should seek to preserve the resource in
situ if possible, or provide for their
recovery if not possible. Cost of the
measures is a responsibility of the
operator. In order to bring this
requirement to the attention of
operators under 36 CFR 228 the
following statement should be given to
them prior to, or upon, submission of a
plan of operations: “The Forest
Service is responsible for survey of the
area of surface resource disturbance
described in the plan of operations
required by 36 CFR 228, to determine
whether significant cultural resources
are present. The operator may, at its
discretion and cost, cause the survey to
be conducted.
2810.44 – Exhibit 01 -Continued
FSM/FSH Reference
FSM 2817.04
Authority delegated to
RF
DRF SD
FS
Del
Yes
No
Del
FSM 2817.04
Del
Yes
No
Yes
FSM 2817.23
Del
Yes
Yes
(LM)
Del
R3 SUPPLEMENT 2800-2001-2
EFFECTIVE DATE: 05/31/2001
DURATION: Effective until superseded or removed
2810.44 Exhibit 01
Page 4 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER – ZERO CODE
2810.44 – Exhibit 01 -Continued
Delegated Authority - Activity
In this circumstance survey must be
done by, or under the supervision of, a
qualified cultural resources specialist
authorized by permit from the agency.
Upon review of the cultural resources
survey report, the Forest Service shall,
as a condition of approval of the plan
of operation, specify any necessary
protective or mitigative measures to be
undertaken by the operator.” In
addition to the protective or mitigative
measures which become a condition of
approval, each plan of operations also
shall contain the following stipulation
as a condition of approval: “If
previously undiscovered cultural
resources (historic or prehistoric) are
exposed as a result of operations under
an approved plan, the operator shall
leave such discoveries intact and
immediately notify the District Ranger.
The operator shall not proceed until
notified by the District Ranger that they
have complied with provisions for
mitigating unforeseen impacts as
required by 36 CFR 228.4(e).
Delegated Authority - Activity
FSM/FSH Reference
Inspection and noncompliance.
FSM 2817.3
Noncompliance – criminal action: The
Regional Lands and Minerals Staff
shall review noncompliance cases
before serving a violation notice [(36
CFR 261.10(a) or 36 CFR 261.10(k)]
for violation of mining regulations (36
CFR 228, Subpart A).
RF
Del
DRF
Yes
SD
Yes
(LM)
FS
No
R3 SUPPLEMENT 2800-2001-2
EFFECTIVE DATE: 05/31/2001
DURATION: Effective until superseded or removed
2810.44 Exhibit 01
Page 5 of 5
FSM 2800 – MINERALS AND GEOLOGY
CHAPTER – ZERO CODE
Delegated Authority - Activity
Advise Chief regarding issuance and
special conditions for leases, permits,
and licenses for mineral deposits in
lands designated as experimental
forests and ranges or natural areas (36
CFR Part 251.23).
Advise State Director of BLM
regarding issuance and special
stipulations for leases, permits, or
licenses. Director or acting director of
L&M staff provides response to BLM
proposals to issue mineral leases,
permits, and licenses.
Advise responsible USDI officers of
Forest Service decision regarding
adequacy of proposed lease operating
plans received from BLM (see FSM
2822.04c for redelegation restrictions).
Administer 36 CFR Part 228, Subpart
C. Redelegation to District Rangers
may be made to the maximum extent
practicable regarding mineral materials
sales and issuing free-use permits.
2810.44 – Exhibit 01 -Continued
FSM/FSH Reference
FSM 2822.04b
Authority delegated to
RF
DRF SD
FS
Del
Yes Yes
No
(LM)
FSM 2822.04b
Del
Yes
Yes
(LM)
Del
FSM 2822.04c
Del
Yes
No
Del
FSM 2850.43
Del
Yes
No
Del