Solid Leasable Permitting and Solid Leasable Permitting and Leasing ProcessLeasing Process

Roles and Responsibilities of the U.S. Forest ServiceRoles and Responsibilities of the U.S. Forest Service

Randy RabideauxRandy RabideauxCentralized National OperationsCentralized National Operations

Private Minerals/R9 Geologist LiaisonPrivate Minerals/R9 Geologist LiaisonUSDA Forest ServiceUSDA Forest Service626 E Wisconsin Ave626 E Wisconsin AveMilwaukee, WI 53202Milwaukee, WI 53202

414-297-1391414-297-1391Fax: 414-944-3964Fax: 414-944-3964

rrabideaux@fs.fed.usrrabideaux@fs.fed.us

IntroductionIntroductionAgenciesAgencies

Authorities and DirectionAuthorities and Direction

Initial InterestInitial Interest

Acquisition of Mineral RightsAcquisition of Mineral Rights

Exploratory ActivitiesExploratory Activities

Leasing/MiningLeasing/Mining

USDA - FSUSDA - FSWO

RO

SO

RD

FOREST SERVICE MINERALS FOREST SERVICE MINERALS PROGRAM POLICYPROGRAM POLICY

The Federal Government's policy for minerals resource The Federal Government's policy for minerals resource management is expressed in the Mining and Minerals Policy management is expressed in the Mining and Minerals Policy Act of 1970, "foster and encourage private enterprise in the Act of 1970, "foster and encourage private enterprise in the development of economically sound and stable industries, and development of economically sound and stable industries, and in the orderly and economic development of domestic in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, resources to help assure satisfaction of industrial, security, and environmental needs." Within this context, the National and environmental needs." Within this context, the National Forests and Grasslands have an essential role in contributing Forests and Grasslands have an essential role in contributing to an adequate and stable supply of mineral and energy to an adequate and stable supply of mineral and energy resources while continuing to sustain the land's productivity resources while continuing to sustain the land's productivity for other uses and it's capability to support biodiversity goals.for other uses and it's capability to support biodiversity goals.

Jack Ward ThomasJack Ward Thomas Chief, Forest ServiceChief, Forest Service

USDA – FS MGUSDA – FS MGWO

RO

SO

RD

CNO

USDA – FS MGUSDA – FS MGWO

RO

SO

RD

CNO

CNO Organization ChartCNO Organization Chart

CNO Subject Matter CNO Subject Matter ContactsContacts

1897 – Organic Act1897 – Organic Act

Organic Act of June 4, 1897, 16 U.S.C. Organic Act of June 4, 1897, 16 U.S.C. 473-78, 480-82, 551. Authorized mineral 473-78, 480-82, 551. Authorized mineral exploration within National Forest exploration within National Forest Reserves.Reserves.

1917 – Mineral Resources on 1917 – Mineral Resources on Weeks Law Land ActWeeks Law Land Act

This is the authority for leasing Hardrock This is the authority for leasing Hardrock minerals on lands acquired under minerals on lands acquired under provisions of the Weeks Law. provisions of the Weeks Law.

1920 – Mineral lands Leasing 1920 – Mineral lands Leasing Act of February 25, 1920Act of February 25, 1920

Provided the exclusive permit/lease Provided the exclusive permit/lease system for coal, phosphate, oil, oil shale, system for coal, phosphate, oil, oil shale, gas and sodium.gas and sodium.

1946 – Reorganization Plan No. 31946 – Reorganization Plan No. 3

§402, 60 Stat. 1099, effective July 16, §402, 60 Stat. 1099, effective July 16, 1946. This transferred the authority over 1946. This transferred the authority over leasing Hardrock minerals on National leasing Hardrock minerals on National Forest lands acquired under the Weeks Forest lands acquired under the Weeks Law from the Secretary of Agriculture to Law from the Secretary of Agriculture to the Secretary of Interior.the Secretary of Interior.

1947 - Mineral Leasing Act for 1947 - Mineral Leasing Act for Acquired LandsAcquired Lands

Extended provisions of the Mineral Extended provisions of the Mineral Leasing Act of 1920 to acquired National Leasing Act of 1920 to acquired National Forest system lands.Forest system lands.

USDI - BLMUSDI - BLM

WO

SO

FO

Bureau of Land Management (BLM) Bureau of Land Management (BLM) Northeastern States Field OfficeNortheastern States Field Office

BLM NSFO Staff DirectoryBLM NSFO Staff Directory

  

http://www.blm.gov/es/st/en/info/http://www.blm.gov/es/st/en/info/directory/MFO_Dir.htmldirectory/MFO_Dir.html

(NSFO) Organization Chart

Authorities and DirectionAuthorities and Direction

43 CFR 350043 CFR 3500

43 CFR 359043 CFR 3590

36 CFR Parts 200 to 29936 CFR Parts 200 to 299

http://www.gpoaccess.gov/cfr/retrieve.htmlhttp://www.gpoaccess.gov/cfr/retrieve.html

FSM2820FSM2820

IAIA

MOUMOU

CFRCFR

The principal laws relating to Forest Service activities.

Author: United States. Forest Service.

Publisher: [Washington, D.C.] : U.S. Dept. of Agriculture, Forest Service : For sale by the U.S. G.P.O., Supt. of Docs., 1993.

Initial InterestInitial Interest

Surface GeophysicsSurface Geophysics

Permit:

FS-2700-4 – Special Use Permit

FS-2800-14 – Application for PP

FS-2800-15 – Geophysical PP

Surface GeophysicsSurface Geophysics

NEPA:

CE/DM

FSH 1909.15, Chapter 30

31.11 (a) (3), 31.12, 8., 31.2, 8.

Acquisition of Mineral RightsAcquisition of Mineral Rights

BLM Prospecting Permit – 43 CFR BLM Prospecting Permit – 43 CFR 3503.20 (b):3503.20 (b):

For acquired lands, the BLM must For acquired lands, the BLM must have have written consent from the surface written consent from the surface

management agency before a management agency before a prospecting permit can be issued.prospecting permit can be issued.

Acquisition of Mineral RightsAcquisition of Mineral Rights

BLM Prospecting Permits – 43 CFR BLM Prospecting Permits – 43 CFR 35053505

NEPA:NEPA:

• Case By Case EA/DNCase By Case EA/DN• BLM Cooperating AgencyBLM Cooperating Agency• FlowFlow

Acquisition of Mineral RightsAcquisition of Mineral Rights

BLM Exploration Licenses – 43 CFR BLM Exploration Licenses – 43 CFR 35063506

Consultation and conditions of approvalConsultation and conditions of approval

FlowFlow

Core DrillingCore Drilling

Consultation and conditions of approval

Flow

Acquisition of Mineral RightsAcquisition of Mineral Rights

BLM Preference Right lease – 43 BLM Preference Right lease – 43 CFR CFR 3507.19 (c):3507.19 (c):

For acquired lands, the BLM must For acquired lands, the BLM must have have written consent from the surface written consent from the surface

management agency before a leasemanagement agency before a leasecan be issued.can be issued.

Preference Right or Preference Right or Noncompetitive LeasingNoncompetitive Leasing

NEPA:

EIS/RODJoint via MOU

Flow

SummarySummaryAgenciesAgencies

Authorities and DirectionAuthorities and Direction

Acquire Mineral Rights: Permit - LeaseAcquire Mineral Rights: Permit - Lease

On the ground ActivitiesOn the ground Activities

QUESTIONS/COMMENTS?