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TITLE 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.
2850.3 - Policy
2. Each Forest shall maintain a current mineral materials inventory.
3. Disposal of mineral materials by sale or free use will be allowed only if the inventory
shows that the supply exceeds 20-year projected in-Service needs, unless the Federal
Government is a major beneficiary of the use.
R1 Policy
Development and use of mineral material deposits by local and State governmental
agencies will be allowed free of charge provided these agencies have an equivalent fee policy
and where such use will:

provide equal benefit to the public at large, without special limitations which
differentiate between segments of the public;.

not be detrimental to Forest Service projects or programs or result in excessive
administrative costs;

conform to approved land and resource management plans;

have been considered by an appropriate level of environmental analysis; and

not result in unacceptable impacts to other resources.
Operating plan approval for extraction of more than 5,000 cubic yards must be based upon
sufficient subsurface data to ensure the working area contains the needed quantity and quality of
material.
The authorized officer will issue, when deemed necessary, preliminary prospecting permits
for mineral materials on public domain lands (see FSM 2851) when such prospecting is not
otherwise prohibited, and provided any information obtained is furnished to the Forest Service.
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Further, it is the policy of this Region not to charge for such permits unless there is a significant
administrative cost incurred. Inventory and evaluation of such resources is a valuable service to
the Forest Service for future management of mineral materials. Preliminary prospecting permits
will not imply the grant of any preference right to the permittee.
In general, operating plans, including reclamation procedures should meet or exceed the
substantive requirements of State laws and regulations.
2850.4 - Responsibility.
2850.42 - Regional Foresters. Makes annual production report to U.S. Bureau of Mines and
monitors Forest Supervisor's work to ensure objectives are met.
1. Developing and implementing Forest-wide strategies for management of materials;
2. Appraising mineral materials;
3. Making an annual production report to the Regional Forester showing kind, amount and
value of material produced;
4. Issuing permits and contracts for 100,000 cubic yards or less of mineral materials;
5. Verifying valuable discoveries made under preference rights permits;
6. Establishing bond requirements and releasing bonds for permits and contracts for
100,000 cubic yards or less; and
7. Assuring that all disposal authorizations include provisions that assure wise materials
management.
The Forest Supervisor may redelegate to District Rangers responsibilities to issue permits and
contracts for 20,000 cubic yards or less. No additional responsibilities may be redelegated
without special Regional Forester authorization.
8. The Forest Supervisor is also responsible for NEPA compliance with terms and
conditions of the disposal authorizations, and for issuance of preliminary prospecting permits.
These responsibilities may be delegated to the District Ranger.
9. The Forest Supervisor shall develop a Forestwide plan for material management that
includes consideration of:
a. Amount, location, kind, quality and demand for potentially available materials.
b. General strategies, by Ranger District or subdivision of a Ranger District, regarding
whether there will be centralized pit locations with relatively large pits or many small and
scattered pits.
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c. Areas where free use and/or sale will be denied because In-Service demand cannot be
met.
d. Areas where these shall be unique provisions to ensure adequate management of
materials resources.
The plan should ensure an adequate framework for mineral materials resources management
including consideration of:
1) Various potential uses including recreation and wildlife;
2) Criteria for efficient material utilization, including general contract stipulations to
enforce compliance with management plans;
3) Alternative sources in areas of short supply; and
4) Appraisal systems.
2851 - SALES. Disposal 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 Forest Service contract, or administrative (In-Service) use.
2851.2 - Prospecting Permits. Use Preliminary Prospecting Application/Permit (Form R1-FS2850-1, Exhibit 1) for all National Forest System lands if, in the opinion of the Forest geologist,
there is insufficient information available about the mineral material resource.
The following items will be made part of any preliminary prospecting permit:
1. Any information so obtained must be furnished to the Forest Service;
2. Preliminary prospecting permits for mineral materials are issued under authority of the
1897 Organic Act, P.L. 167, 1947 Mineral Materials Act, and 36 CFR 228. Such permits do not
lead to issuance of a reference right lease; and
3. Such permits do not grant an exclusive right to prospect, as do prospecting permits
(FSM 2851.2).
Such permits will be issued free of charge unless the Forest or District determines that a
significant administrative cost is being incurred.
2852 - FREE USE. Materials shall not be provided free to any individual, permittee, group or
organization 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. (See also FSM 2850.3-4).
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Form R1-FS-2850-1, Mineral Material Free Use Application/Permit will be used for free use of
mineral materials in excess of 100 yards, or weight equivalent (see Exhibit 2).
2853 - IN-SERVICE USE
2853.1 - Inventory and Planning. The Order 3 inventory shall identify measured, indicated, and
inferred reserves, and depleted or closed source areas. Available data and reports for detailed
site investigations shall be maintained and be made part of the Order 3 Forestwide inventory
files.
2853.22 - Operating Plan. In addition to general requirements in the parent text, operating plans
for sources designated in construction contracts shall follow guidelines in WO FSH 7709.56.
2856 - APPRAISAL
Mineral Material Appraisal. Appraisals will be conducted by a qualified appraiser in close
coordination with the responsible minerals geologist, or geological/mining engineer; or by a
minerals geologist, geological/mining engineer who has received formal appraisal training (FSM
5410).
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2850 - Exhibit 1
see the paper copy of the master set for section 2850 - Exhibit 1
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2850 - Exhibit 2
see the paper copy of the master set for section 2850 - Exhibit 2