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                                       FOREST SERVICE MANUAL
                                     NORTHERN REGION (REGION 1)
                                           MISSOULA, MT



                         FSM 2800 – MINERALS AND GEOLOGY

                             CHAPTER 2810 – MINING CLAIMS

Supplement No.: 2800-2004-2

Effective Date: February 25, 2004

Duration: This supplement is effective until superseded or removed.

Approved: KATHLEEN A. MCALLISTER FOR                          Date Approved: 02/24/2004
          Regional Forester

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 2800-2003-
1 to chapter 2820.

New Document                     2810                                                 29 Pages

Superseded Document(s) by        2800-2003-1 (06/09/2003) chapter 2810                  1 Page
Issuance Number and
Effective Date

Digest:

2817-2819 – Re-establishes policy for obtaining protection of surface resources from activities
conducted under the authority of the 1872 Mining Law, as amended (formerly found in
superseded R-1 Supplement 2800-92-1, 6/10/92).

2817.02-2819 – Re-establishes procedures for evaluation of reasonableness of surface uses and
for resolving problems with existing or proposed plans of operation and re-establishes policy for
obtaining protection of surface resources from activities conducted under the authority of the
1872 Mining Law, as amended (both formerly found in superseded R-1 Supplement 2800-92-2,
6/10/92).
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                                     FSM 2800 – MINERALS AND GEOLOGY
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2817 - SURFACE MANAGEMENT PROCEDURES UNDER 36 CFR PART 228,
SUBPART A

Prior to filing criminal complaints for violation of mining regulations, such cases shall be
reviewed by the Regional Special Agent who will coordinate with the Office of the General
Counsel and Minerals and Geology Staff Group.

This requirement does not apply to violations such as assault or other similar cases where the
suspect coincidentally is a mining operator.

Where conditions require immediate action in the field, this review may be made by telephone.

See FSM 5335 concerning occupancy and use violations and FSM 2817.3 concerning OGC
review of mining cases.

2817.02 - Objectives

Cultural Resources. The objective of this directive is to provide policy and guidance for the
protection of cultural resources on areas involved in operations under the general mining laws,
mineral leasing laws, and special use permits issued pursuant to these laws.

Federal land managing agencies are required by law and Executive Order (FSM 2361.01) to
insure that cultural resources 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 the prospector and miner under the general mining laws, must also be
recognized.

To clarify these responsibilities, the following Regional policy and guidance is established.

Operations Under the Mining Laws -- Cultural Resource Protection Under CFR 228.

The Forest Service has the legal and financial responsibility to identify, evaluate, and mitigate
cultural resources on lands to be disturbed and to specify protective measures prior to any
disturbance. This responsibility must be discharged while meeting the objectives and policy
direction of 36 CFR 228, especially with respect to being "timely" and "reasonable." However,
the operator may, with the prior approval of the Forest Service, undertake the inventory and
mitigation. Such inventories and mitigation must be done by or under the supervision of a
qualified cultural resource specialist approved in advance by the Forest Service. Under such
circumstances, the cultural resource specialist must hold a valid Antiquities Permit issued by the
Forest Service, and must prepare a formal written report for technical review and approval.
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Based on the cultural resource inventory data and the Forest Service will, as a part of the Plan of
Operations approval process, specify and include as a part of the Plan of Operations protective
measures that will include avoidance and/or minimizing disturbance of cultural resources, and
will be consistent with policy, objectives, and procedures contained in 36 CFR 228. If
disturbance of cultural resources cannot be avoided or minimized, mitigation measures, taken by
the Forest Service, may be required. Such measures may include recordation, excavation, and
removal or a combination of these. In order to bring this policy to the attention of operators,
under 36 CFR 228, the following statement is approved:

       The Forest Service is responsible for inventorying and/or mitigating the area to be covered
       by the operating plan prior to plan approval (36 CFR 228) 5(a) to determine the presence
       of significant cultural resources and will specify protective measures to be undertaken by
       the operator. The operator may, at his discretion and cost, conduct the inventory,
       evaluation, and mitigation of significance on the lands to be disturbed. The inventory
       and/or mitigation must be done by or under the supervision of a qualified cultural resource
       specialist authorized by a permit from the Forest Service. Upon review of the cultural
       resource specialist's report, or on their own motion, the Forest Service will specify
       reasonable protective measures to be undertaken by the operator.

       If previously undiscovered cultural resources (historic or artifacts) 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 proceed until his is notified by
       the District Ranger that he has complied with the provisions for mitigating unforeseen
       impacts as required by 36 CFR 228.4(e).

This approval statement should be given to operators prior to or upon submission of a plan of
operations or in the official response to a submitted plan of operations.

Mineral Leases and Permits. FSM 2820 and proposed FSM 2850 outline the mineral leasing
authorities and mineral materials permitting procedures. Stipulations will be attached to permits
and leases assigning financial responsibility for the inventory, evaluation, protection, and/or
mitigation of cultural resources. Regional policy is that such inventory can be conducted In-
Service or by the permittee/leasee.

The permittee/leasee shall bear the cost of any inventory done at his discretion, and the cost of
any protective or mitigative measures specified by the Forest Service.

To carry out this Regional policy, we have requested the the Bureau of Land Management attach
standardized stipulations to all new permits/leases. When a permit or lease does not include
these stipulations, Forest Service concurrence to the approval of the application and permit to
drill shall include a statement that the operator must comply with the cultural resource policy as
stated above.
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Special Use Permits Issued Pursuant to Mining and Mining Leasing Operations. The policy for
operations under the General Mining Law and various mineral leasing laws, shall also apply to
these permits. This will be accomplished by including the policy statement presented above (in
paragraph on Operations Under the Mining Laws) as a stipulation in the special use permit.

2817.03 - Policy

The regulations at 36 CFR Part 228, Subpart A shall be administered in a fair, reasonable, and
consistent manner and not as a means of inhibiting or interfering with mineral operations that are
required for and reasonably incident to legitimate mining activities.

These regulations apply to all unpatented millsites, tunnel sites, lode claims, and placer claims,
including those with filed and accepted verified statements under 30 U.S.C. 612 (see FSM
2813.13a), and to all activities which may be conducted under the mining laws, but not on
unpatented claims.

2817.23 - Review and Approval of Plans

        7. Required/Reasonably Incident Surface Use. Questions sometimes arise as to whether
a proposed or existing use or activity is required for or reasonably incident to mining operations
conducted under the 1872 Mining Law, as discussed in the Forest Service manual at 2817.03,
2817.23, 2817.25, and 2818.1. When this occurs, the authorized officer should request the
assistance of Forest Service mineral specialists or mineral examiners to examine the situation on
the ground, and advise the officer whether the proposed or existing surface use is reasonable and
consistent with existing laws and regulations.

              a. Authority. The authority for the Forest Service to insure that National Forest
              System lands, including those under mining claim locations, are used only for
              purposes required for and reasonably incidental to mining and in a manner that
              minimizes adverse environmental impacts, falls under the agency's broad authorities
              from the following statutes and caselaw:

              (1) Multiple Use Mining Act of July 23, 1955 (30 USC 612).

              (2) U.S. V. Richardson, 599 F. 2d 290 (1979); Cert. denied, 444 U.S. 1014 (1980)

              (3) The Organic Act of 1897 (16 USC 478, 551).

              (4) Title 36 Code of Federal Regulations, Part 228, Subpart A - Locatable Minerals.

              The 1955 Multiple Use Mining Act (30 USC 612) restricts mining operators to using
              reasonable methods of surface disturbance that are appropriate to their stage of
              operation (U.S. v. Richardson (supra)). This legal principle is reinforced by the
              Forest Service 36 CFR 228 Subpart A regulations, which provide procedures for
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              authorizing operations on the National Forests which are reasonably incidental to
              mining, but requires that such operations be conducted so as to minimize adverse
              environmental impacts.

              b. Definitions

              (1) Reasonably incident. This refers to any use of the National Forests for purposes
              that reflect sound practices necessary or required for the various stages of mining
              activities, including prospecting, mining or processing operations. This might
              involve such uses as access, equipment storage, structure use or construction,
              excavations, mine dumps, tailings disposal, other surface disturbance, and so forth.

              For a use to be reasonably incident, the type and level of use must be justified as
              being appropriate to the stage of mining activity in which the operation is legitimately
              engaged (that is prospecting, exploration, development, production, abandonment, or
              reclamation). In turn, the stage of mining activity with the related use must be
              required, justified, and appropriate, based on the nature and extent of the mineral
              resource present. Generally, the more information available about the quality and
              quantity of a mineral resource and the closer an operator comes to delineating
              minable reserves, the more advanced the stage of mining activity and use and the
              more extensive the surface impacts that are reasonable and justified.

              A logical part of this concept is that a surface disturbing activity, which is restricted
              to disturbances reasonably incident to mining will therefore, only involve necessary
              and reasonable disturbance of surface resources. Conversely, any activity which does
              not minimize adverse environmental impacts by avoiding unnecessary and
              unreasonable destruction of surface resources and damage to the environment is NOT
              reasonably incident to mining activities.

              (2) Prospecting. This is the earliest stage of mining activity and is characterized by
              activities that result in low impact on surface resources. It is the preliminary
              searching for outcrops or surface exposures of mineral deposits. It is usually
              characterized by low impact surface uses, such as driving on existing roads, hiking or
              riding on trails or cross country, taking small samples by hand or with small highly
              portable tools, field mapping, use of portable geophysical equipment, stream
              sediment sampling, panning of placer samples or small-scale sluicing, soil sampling,
              geologic reconnaissance mapping, and claim staking.

              The nature of potential mineralization at this stage is usually defined through
              evidence found in float, outcrop, soils, stream sediments, aerial reconnaissance, and
              geophysical data. Extent, grade, and continuity of the potential mineralization are
              unknown or poorly understood. Some evidence at this stage may show sample assays
              at ore grade, but this is typically from grab samples that are not representative of the
              mineralization, from material not in place, or from exposed mineralized material that
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              is thin and/or less than a minable width. Whether the prospect area will result in a
              valuable ore deposit is unknown at this point. Industry statistics cited in the Forest
              Service publication Minerals, People and Dollars (1984), page 42, show that only 78
              prospects out of 1,000 ever warrant detailed drilling in the next (exploration) stage,
              and only one prospect in 1,000 ever turns out to be extremely profitable.

              The prospect area may be more thoroughly evaluated using more intensive
              investigation techniques at the exploration stage of mining activity. Prospecting in
              some parts of the world is seasonal in duration, since the ground must be free of snow
              to allow inspection of the surface. No permanent structures are necessary. Any
              housing or storage needs are limited and satisfied by tents, boonie barns, trailers,
              motels, and so forth.

              This and the next stage of mining activity often overlap somewhat, making it
              sometimes difficult to precisely define the point at which one stage ends and another
              begins.

              (3) Exploration. This is the second stage in the logical progression of mining
              activities. It usually occurs once a geologically favorable target area, that is, with
              moderate to high mineral potential, identified through prospecting, but subsurface
              information is needed to determine presence and extent of any mineral resources and
              whether any of this constitutes economic reserves. Its purpose is to narrow the search
              for a mineral resource, better define a target, and ultimately to discover a valuable
              mineral deposit that can be mined, removed, and marketed at a profit. This stage is
              typified by the use of motorized portable ground disturbing equipment, such as truck
              or track mounted drill rigs and backhoes. Temporary roads may need to be
              constructed for access for drill rigs. These roads can usually be recontoured and
              reclaimed at the end of drilling.

              Detailed surface mapping and sampling typically occur. Some drilling may be
              conducted through use of helicopter-supported operations. Some shallow trenching
              (20 feet deep or less) by backhoe may be necessary. Rarely, sinking of shafts or
              driving of drifts for exploration purposes may be necessary late in the exploration
              stage, but this is usually where drilling cannot provide the results needed because of
              some special characteristics of the mineralization. For example, large samples
              through shafts or trenches are sometimes taken to reduce the "nugget effect" in
              evaluating some lodes and placer deposits because of the erratic nature of the
              mineralization.

              Any equipment used is typically removed at the end of each season's operation. Drill
              core and samples are hauled off site for assay, analyses, and storage. Temporary
              storage and living facilities may be needed to house workers and drill crews for the
              usual seasonal duration of this activity. Any structures are usually temporary and
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              portable in nature, such as "boonie barns," tents, trailers, and so forth. These are
              removed at the end of each season's operations. Frequently, where travel times are
              favorable, crews will use nearby available motels in lieu of on-site housing. In the
              unusual circumstance where an exploratory adit is being driven, a temporary structure
              to serve as a miner's changehouse (a "dry") may be necessary, but it is removed at the
              end of the activity, unless the mineralization justifies progressing to the next stage of
              mining activity, development.

              Again, this stage of activity may "blend into" the next stage, with some activities
              (drilling, and so forth.) continuing into development.

              (4) Development. This is the stage of mining activity that occurs once exploration
              drilling and other activities are identified a valuable mineral deposit (that is, ore grade
              and a significant reserve is established), but the dimensions of the ore deposit are not
              yet fully delineated (it may be "open" on several sides), and all the parameters
              necessary for mine design and production are not yet known or understood. The
              purpose of development is to delineate the orebody, establish grade and reserves with
              a high degree of probability so economics of the deposit can be fully evaluated, and
              provide the claimant/operator with information necessary to make a decision as to
              when and whether to invest the often sizable capital expenditure necessary to progress
              to the next stage of mining activity: production. This stage is typified by continued
              and intensified geologic mapping, surveying, drilling by helicopter-transported or
              truck- and track-mounted drill rigs.

              A late phase of development may be exemplified by driving of drifts or shafts, close-
              spaced drilling or trenching, taking bulk samples from shafts or drifts for
              metallurgical testing and design of the mill facility, and construction of some
              permanent structures to provide storage for such things as drill core, equipment
              repair, and office space or change rooms (drys) for workers. Roads constructed may
              be more permanent in nature and to a higher design standard. Usually the operator
              will begin collecting baseline data to support a future detailed mine operating plan.
              Submit the plan to the regulatory agencies, who will then prepare a suitable
              environmental document, possibly an environmental impact statement, depending on
              impacts of the operation. Activity usually continues year around.

              Final development of a typical underground mine occurs after the operating plan for
              full development of mine workings and mill improvements has been fully analyzed in
              accordance with NEPA, other federal laws (for example, Endangered Species Act and
              Clean Water Act) have been complied with, and the plan has been approved in a
              decision document. Final development activities may include driving mine haulage
              ways and development drifts; engineering, design, and construction of a mill facility,
              waste embankments, heap leach pads, and/or tailings disposal facilities; and
              installation of monitoring equipment and water treatment facilities.
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              Permanent structures may be necessary when specifically called for as part of each
              use. For example, such reasonable uses associated with continuously operated
              underground mine might include construction of structures for office space, storage
              facilities, mill buildings, and mine worker changehouse ("dry"). Full-time residential
              use is rarely needed for most operations, as workers commute to the mine and mill
              facility. However, a watchman may remain on site between shifts or on weekends,
              for security purposes.

              In contrast to lode (hardrock) operations, placer development may involve removal of
              vegetation and topsoil, construction of roads and settling ponds, diversions of
              streams, bulk sampling of materials, and processing through portable or fixed wash
              plants. Permanent structures are not usually as necessary for placer operations as for
              hardrock mines. For example, small to moderately sized seasonal placer operations,
              where some or all equipment is portable, may not require storage facilities or
              permanent structures for housing at all. In this situation, operators commonly live in
              campers or other temporary facilities, or commute from nearby towns for the duration
              of the activity. At the end of each season's operation, portable processing equipment
              and temporary housing facilities are removed from the mine area. Large and not
              easily removed equipment, such as draglines or large trommel/washplants, may be
              stored on site until the next season's work commences.

              (5) Production. The most prevalent activities at this stage are mining, removal, and
              processing of previously discovered and developed ore deposit and marketing a
              product (for example, concentrates, dore, bullion, and so forth.) This is the stage,
              which typically results in the most surface disturbance. The quantity and quality of
              the ore at this stage is known with a high level of certainty, and the operator has made
              a firm commitment through capital expenditures and engineering design and
              construction. Activities are usually substantially continuous and proceed year round,
              except placer production operations may be seasonal because of water availability
              and/or freezing conditions restricting processing.

              Additional development by driving workings (ventilation adits, haulage ways, stopes,
              and so forth) and construction of surface facilities will continue during this stage, as
              the mine expands to full production. Haulage equipment, such as trucks, large
              frontend loaders, and load-haul-dump machines ("LHD's"), drilling equipment for
              both surface and underground, excavation equipment such as excavators, mucking
              machines, draglines, or backhoes may be used, depending on the type of mine and
              nature of the ore deposit. Additional permanent structures may be constructed where
              operations are continuous. As in the development stage, small seasonal production
              operations where equipment is portable and removed, such as some placer operations,
              may not require storage facilities or permanent structures for housing.
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              (6) Abandonment and Reclamation. Reclamation should occur at all stages of
              mining activity where surface disturbance results. However, abandonment and final
              reclamation occur after production has ceased because the orebody mined out. Long-
              term mine closure may result from changing economics, such as declining metals
              prices or operating cost increases. Regardless of the cause, when production
              activities have ceased or significantly declined and are expected to remain so for the
              long term, equipment, structures, and other facilities, as they are no longer needed,
              should be removed. This may be for salvage or as part of site cleanup and
              reclamation. Steep highwalls in the mine area should be stabilized; underground
              mine openings closed, plugged, or backfilled; roads not needed for other resource use
              closed and reclaimed; waste facilities recontoured and revegetated; and permanent
              erosion control and water quality protection measures implemented.

              If it appears the cessation of activities is short term (2 years or less), the operator may
              need to temporarily close the mine and associated facility, remove equipment that can
              be used elsewhere, or put it into storage where it can be protected from weather and
              vandalism. A watchman may be necessary to help protect the site during short-term
              closure. Interim erosion control measures sufficient to stabilize the site for the
              closure period should occur at this stage.

              Long-term cessation of operations (3 years or more), with no reasonable expectation
              of restarting production, may require some or all of the same reclamation measures as
              those called for under abandonment, depending on site conditions, to permanently
              stabilize the disturbed area and return it, if possible, to a useful condition for other
              purposes. Use of structures during this phase would be only for purposes related to
              active site reclamation.

              (7) Mineral Specialist. A mineral specialist has, as a minimum, a Bachelor of
              Science or Bachelor of Arts degree in the field of geology, geological engineering,
              mining engineering, or petroleum engineering. By virtue of education, training, and
              professional experience, they are considered qualified to evaluate Federal land or
              interests in land to determine its mineral potential and to assist mineral examiners in
              performance of mineral examination functions including formal surface use
              determinations. Mineral specialists may also co-author mineral examination and
              surface use determination reports.

              (8) Mineral Examiner. A mineral examiner is a mineral specialist who has met the
              minimum standards for certification of mineral examiners set forth in FSM 2807.1
              (WO Amendment 2800-91-1). A certified mineral examiner performs mineral
              examination functions, including formal surface use determinations.

              (9) Review Mineral Examiner. A review mineral examiner is a mineral examiner
              who has met the minimum standards for certification of mineral examiners set forth
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              in FSM 2807.1 (WO Amendment 2800-91-1). In addition to performing mineral
              examination functions, a review mineral examiner provides technical review of
              mineral reports, including surface use determination reports.

              (10) Formal surface use determinations. These are investigations conducted by
              certified mineral examiners (FSM 2803, para. 10c), and documented in a report that
              includes the following information. As with any formal report, level of detail for any
              particular section should only be as much as is needed and is relevant to issues at
              hand, as determined by the specifics of each case:

              (a) Summary, conclusions, and recommendations. Summarize findings of the report.
              After considering facts, including the stage of mineral activity proposed or ongoing,
              and extent of mineralization, conclude whether the proposed or continuing use is
              required and reasonable incident. Indicate the kinds of activities that might be
              expected as the next logical steps in the operation. Recommend to the authorized
              officer any changes in, or additions to, proposed or ongoing operations necessary to
              meet the purpose of regulations and law.

              (b) Introduction. State the purpose of the report. Give a brief history of the situation
              and indicate that conclusions of the report are limited to action prompting the report.
              Give the dates of field work and the personnel involved.

              (c) Lands involved/status record data. Using maps, describe the location,
              remoteness, and landownership patterns of the area and routes and means of access.
              Describe the geography, general use of the land, and other ongoing activities that may
              be relevant to issues being considered. Verify mining claim ownership and structure
              ownership by describing chain of title data and append all pertinent documents such
              as location notices and maps, quitclaim deeds, and tax records. Give information on
              mineral estate ownership and any other alleged valid existing rights.

              (d) Regional geology. Describe the regional geologic setting for the area, including
              typical mineral deposit occurrences and regional mineralization trends. Give a brief
              description of current mineral-related activities in the region around the claim area.

              (e) Past mineral activities. Describe, in detail, past mineral activities, including
              prospecting, exploration, development, production, or abandonment/reclamation
              activities. Indicate why those operations ceased, if known. Discuss whether and how
              the past activities relate to the current proposal.

              (f) Current activities. Describe the nature of current proposed or ongoing activities.
              Include a description of all existing improvements, workings, mining equipment, and
              structures. Also, describe their current use and condition.
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              (g) Field methods, observations, and local geology. Describe methods, observations,
              and results of any field investigations. Mapping and sampling may be necessary in
              some cases. Describe local geology, including nature and extent of mineralization
              exposed (if any). Discuss evidence for any mineral resources that may be present.

              (h) Evaluation of Surface Use. Discuss and evaluate the operation proposed or
              ongoing by considering the points listed below. In view of this evaluation, give an
              assessment of the stage and types of activity in the claim area that might be
              reasonable and consistent with evidence found for any mineral resources present.

              (1) Is the operation justified and appropriate, based on what is known about the
              nature and extent of the mineral resource claimed? How much information has the
              operator gathered about the quality and quantity of a mineral resource, and how close
              is the operator to delineating minable reserves?

              (2) Is the operation minimizing impacts to surface resources? Is it unnecessarily and
              unreasonably destructive to surface resources and damaging to the environment? If
              an evaluation of impacts of a proposed or approved operation has already been the
              subject of a National Environmental Policy Act (NEPA) analysis, its findings may
              serve as reference and support information for the surface use determination report to
              help further analyze whether these effects are unnecessary or unreasonable.

              If no NEPA document has been prepared, preliminary analyses from other resource
              specialists on key resource issues and suggested reasonable mitigation may be relied
              upon to assist in the initial appraisal of the reasonableness of the proposal. However,
              a surface use determination is not necessarily part of the disclosure process required
              by NEPA. Rather, a surface use determination is based in, and a part of, the Forest
              Service's regulatory ("permitting") process under the authorities cited previously. It is
              to serve as part of the record for the authorized officer's decision, to assist him or her
              in assessing the reasonableness of a mining proposal. It should not be confused with
              or considered a substitute for the NEPA process.

              In summary, assessing whether an operation is unnecessarily and unreasonably
              damaging National Forest resources, some things to consider include:

              (1) site-specific circumstances of the operation being considered and resources
              affected

              (2) some possible reasonable alternatives to the proposal, and their potential effects,
              compared to the proposal

              (3) standard industry practices; that is, typical approved activities for operations that
              have similar geographic settings and levels of mineral resource evidence
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              (4) estimated cost differences of different alternatives,

              (5) any established best management practices for proposed use or similar uses

              (6) new research and technology that may present some viable options for
              minimizing effects on National Forest resources.

              c. Purpose. The purpose of a surface use determination report is to provide
              information, recommendations, and conclusions about reasonableness and
              justification for proposed or existing operations to the authorized approving officer.
              A surface use determination report is not a substitute for, and should not be confused
              with, the NEPA disclosure process. The authorized officer can consider it in the
              evaluation of a situation and in forming a decision whether to approve a proposed
              plan of operations or recommend to the supervisor whether to modify or terminate an
              existing plan of operations. This decision will better withstand appeals and litigation
              when based on a thorough surface use determination report that provides the
              administrative record with key information.

              d. Procedures. Authorized officers should use the following procedures when they
              have serious questions about reasonableness, logic, or justification of proposed
              activities:

              (1) Generally. Direct preliminary questions on whether proposed operations in a
              Plan of Operations (POO) are justified and/or reasonably necessary to the District
              and/or Forest Mineral Specialist and/or Mineral Examiner. Consultation through the
              Forest and District Mineral Specialists and/or Mineral Examiners with the Regional
              Office Locatable Minerals Group is encouraged.

              If, based on their preliminary investigations, the District and/or Forest Mineral
              Specialist and/or Mineral Examiner concur that the proposed operations may not be
              justified and/or reasonably necessary, the authorized officer should begin negotiation
              with the operator/claimant. Face-to-face communication and site visits can help
              resolve differences through reasoning, persuasion and agreements. Be prepared to
              recommend alternatives or changes and additions to the proposal that would facilitate
              approval of the operation.

              For example, consider a case where a miner proposes to divert a creek and use a
              dragline to mine the creek bottom. Ask the operator what activities he has done that
              are appropriate, prior to production, to delineate a placer deposit, such as sampling
              and other exploration activities. If he has not done any, suggest it would not be
              reasonable for him to begin production mining until he has delineated a deposit, and
              that he should consider following reasonable and accepted industry practice by
              proposing a sampling and exploration program first and designing a mine plan based
              on that information.
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EFFECTIVE DATE: 02/25/2004                                                        Page 13 of 29
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                                       CHAPTER 2810 – MINING CLAIMS


              (2) Formal surface use determination. A formal surface use determination may be
              needed when negotiations do not resolve differences; that is, when the operator insists
              on conducting operations as proposed or ongoing that the authorized officer feels may
              not be reasonable, and they are unable to reach agreement. The authorized officer can
              initiate the action by:

              (a) As determined by local delegations of authority and staffing, filing a request for a
              certified mineral examiner to conduct a surface use determination.

              (b) Notifying the operator/claimant of the action.

              The surface use determination must be conducted by a certified mineral examiner
              (FSM 2803). The District Resource Assistant and/or minerals technician may assist
              the mineral examiner in conducting the surface use determination. A mineral
              specialist may co-author the surface use determination report.

              The surface use determination report must be completed as soon as possible to help
              meet regulatory time frames, but should be completed within 30 days of receipt of the
              plan of operations (36 CFR 228.5(a). However, if more time is needed to complete
              the surface use determination report and to reach a decision, indicate to the operator
              that an additional 60 days is necessary, depending upon site accessibility, to complete
              processing the proposed plan and to reach a decision (36 CFR 228.5 (a)(4). If
              qualified staff is not available, consider requesting detailers from other Forests or
              Regions.

              Send the surface use determination report to the appropriate office for technical
              review by a certified review mineral examiner, where it will be given a high priority.
              Review comments and/or report approval will be completed within 10 days of receipt.

              Once the technical review has been completed, any corrections made, and the report
              is signed by the review mineral examiner, forward it to the authorized line officer for
              the latter to use to support the decision on the proposed or ongoing operations.

              e. Changes and Additions to Proposed Plans. If the District Ranger decides, based on
              a surface use determination report and/or other information, that changes and
              additions are necessary in a proposed plan of operations in order to meet requirements
              of 36 CFR 228 Subpart A, the District Ranger will notify the operator of these
              necessary changes, the reasons for them, and indicate the plan cannot be approved
              until these changes or additions are made (36 CFR 228.5 (a)(3). As part of this,
              provide the operator a statement of any appeal rights.

              f. Termination of Existing Plans. When it is questionable to the District Ranger,
              based on a surface use determination and/or other information, whether a surface use
              on a mining claim approved under a past plan of operations is reasonably incident or
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EFFECTIVE DATE: 02/25/2004                                                       Page 14 of 29
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                                     FSM 2800 – MINERALS AND GEOLOGY
                                       CHAPTER 2810 – MINING CLAIMS


              justified, the District Ranger will notify the operator/claimant of these concerns and
              the reasons for them. Further, the District Ranger will provide the operator/claimant
              an opportunity of not less than 30 days to respond and show cause as to why the plan
              should not be terminated. If the District Ranger determines that the operator/claimant
              has a legitimate need for more time to respond, the District Ranger may allow it, not
              to exceed an additional 60 days.

              After the operator has responded, the District Ranger will consider this response, as
              well as the other information in the administrative record. The District Ranger will
              then document this consideration and analysis of the operator's response, and forward
              it along with the record and a recommendation to the Forest Supervisor, on the
              termination of the plan.

              The Forest Supervisor will consider this analysis and recommendation, and all other
              information in the administrative record and issue a decision on whether the plan
              should be terminated. The decision must also provide the operator with a statement
              of any appeal rights. Except as provided below in paragraph h. Emergency
              Situations, the appeal process must be finished prior to taking any civil or criminal
              enforcement action.

              g. Modification of Existing Plans. Existing plans of operation may be modified in
              the following two circumstances:

              (1) Unforeseen disturbances. If based on expert advice, such as a surface use
              determination report and/or other information, the District Ranger determines that a
              modification of an existing approved plan of operations is reasonable and necessary
              in order to minimize disturbance of surface resources unforeseen in the existing plan
              and to meet requirements of 36 CFR 228 Subpart A, the District Ranger will notify
              the operator of these needed modifications, and request a response.

              Generally, the operator will be given an opportunity of not less than 30 days to
              respond; except that the District Ranger may specify a response time of less than 30
              days if the District Ranger finds that operations are unnecessarily or unreasonably
              causing, or in imminent danger of causing, irreparable injury, loss, or damage to
              National Forest resources. Conversely, if the District Ranger determines that the
              operator/claimant has a legitimate need for more time to respond, the District Ranger
              may allow it, not to exceed an additional 60 days.

              If the operator does not respond with the requested changes within the time specified
              by the District Ranger, the District Ranger will provide recommendations to the
              Forest Supervisor on the nature of necessary modifications and reasons for them (36
              CFR 228.4 (e)). After considering the criteria listed at 36 CFR 228.4(e), the Forest
              Supervisor will issue a decision on whether the operator is required to submit the
              modification. Except as provided below in paragraph H. Emergency Situations,
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              before any civil or criminal enforcement action is taken, the operator will be provided
              any appeal rights.

              (2) Not reasonably incident activities. A situation may arise where a previous plan of
              operations has been approved authorizing activities, such as occupancy, under
              General Mining laws, and whose resource disturbances were foreseen, but a District
              Ranger later has serious questions whether a portion of approved activities are
              reasonably incident to mining operations, based on a surface use determination,
              changed conditions, and/or other information. When this situation arises, the District
              Ranger will notify the operator/claimant of these concerns and the reasons for them.
              Further, the District Ranger will provide the operator/claimant an opportunity of not
              less than 30 days to respond and show cause as to why the plan should not be
              modified. If the District Ranger determines the operator/claimant has a legitimate
              need for more time to respond, the District Ranger may allow it, not to exceed an
              additional 60 days.

              After the operator responds, the District Ranger will consider any response, as well as
              other information in the administrative record. The District Ranger will then
              document this consideration and analysis of the operator's response, and forward it to
              the Forest Supervisor, along with the record and a recommendation on the
              modification of the plan.

              The Forest Supervisor will consider this analysis and recommendation, and all other
              information in the administrative record, and issue a decision on whether or not to
              modify the plan. The decision must also provide the operator with a statement of any
              appeal rights. Except as provided in paragraph H. Emergency Situations, the appeal
              process must be finished prior to taking any civil or criminal enforcement action.

              h. Emergency Situations. In an emergency situation where irreparable and
              incompensible damage to resources is occurring or imminent, or if the actions are
              contrary to the terms and conditions of an existing approved plan of operations, more
              immediate enforcement action can be taken (FSM 2817.3).

2817.24 - Bonds

Irrevocable letters of credit are acceptable in lieu of performance bonds required for plans of
operation on mining claims under 36 CFR 228. Also reference FSM 6560.

2817.3 - Inspection and Noncompliance

When an operator is not complying with the requirements for: (1) an approved Plan of
Operations (36 CFR 228.4); (2) environmental protection measures (36 CFR 228.8); or (3) any
other requirements of 26 CFR 228; and he refuses to do so after reasonable request and notice, it
is Region 1 policy to force compliance through Federal court action.
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                                       CHAPTER 2810 – MINING CLAIMS


Temporary Restraining Orders. A temporary restraining order is an "exparte" (single party)
action which enjoins or prevents some activity, is termed an extraordinary legal measure, and
therefore most courts are reluctant to issue them without strong justification that the party
requesting the order is suffering, or will suffer, irreparable, incompensible harm, and the
complainant will actually succeed on merits of the case when it comes before the court.

When an operation authorized by mining laws fits all of the following conditions, we can usually
obtain a temporary restraining order:

         1. Significant damage to surface resources is occurring or is imminent.

         2. This damage is not reparable.

         3. This irreparable damage is not compensable.

If damage is reparable, the claimant can repair it. If the damage is compensable, he can
compensate the Forest Service, usually by paying money. If he refuses to repair the damage or
compensate the Government, we can seek relief through a routine damage action in Federal
court.

The following checklist will aid in making a decision whether to seek a temporary restraining
order and in implementing that decision.

     Is there "Significant Surface Resource Disturbance?" (FSM 2817.11)

     Is this disturbance causing "damage which cannot be repaired?"

     Is the irreparable damage "compensable?"

        Decision to seek Temporary Restraining Order

     Issue Notice of Noncompliance (FSM 2817.3)

        - Cite objectional activity
        - Give time period for compliance
        - What must be done for compliance -- see 2817.3, exhibit 01

        Operator refuses to stop

     Call the following people in the order listed until you find someone who answers:

       1. Locatable Mineral Specialist
       2. Minerals and Geology Staff Director
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       3. Office of the General Counsel, Attorney in Charge

   District Ranger or Resource Assistant prepares background situation affidavit -- see FSH
2817.3, exhibit 02.

    Resource Specialist(s) prepares affidavit describing resource damage -- see FSH 2817.3,
exhibit 03.

    Affiants meet with Attorney in Charge, Office of the General Counsel, and United States
Attorney, Justice Department.

    United States Attorney files motion for temporary restraining order or preliminary injunction
in Federal District Court -- see FSH 2817.3, exhibit 04.

    District Judge signs temporary restraining order or in the case of an injunction sets the date
for hearing -- see FSH 2817.3, exhibit 05.

     United States Marshall or Forest Service serves the temporary restraining order on operator.
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                                                 2817.3 - Exhibit 01

                                                                                    2810
                                                                                    (date)

(Name and address of claimant)

Dear          :

As you were verbally informed on (Date) , your mining operation on         Creek, (legal land
description) is not in compliance with the National Forest Mining Regulations of September 1,
1974. Specifically you are conducting a mining operation without an approved Plan of
Operations. As you were told, we are requesting that you immediately stop your operation until
the necessary Plan of Operations is approved.

Our request is based on concern that your operation may cause excessive damage to the water
quality and the fish habitat of    Creek through introduction of sediment into the stream. It
may also negatively affect the visual and dispersed recreation values of the area. With the
information we have available, it appears that portions of the access road may not be located
completely on your mining claims. If this is the situation, a Special Use Permit will be necessary
for the road and any other ground disturbing activities that occur outside of the claim boundaries.
You must make application for this.

Enclosed for use and information is a copy of the 1974 National Forest Mining Regulations.
You will note that the regulations provide a maximum of 30 days for the Forest Service to act
upon a Plan of Operation. However, there is also provision for requesting an additional 60 days
for review of the plan, if necessary. Normally if the Plan of Operations is complete and
adequate, measures are provided to meet the requirements for environmental protection, the
Forest Service can respond within the 30 days provided.

If you will return a complete operating plan by (date), we will act on it as rapidly as possible in
order to keep your shutdown time to a minimum.

Also enclosed is a copy of the District Map which you may use for the vicinity map to be
submitted with your Plan of Operations.

If you have any questions please contact this office.

Sincerely,


District Ranger
Enclosures
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                                                 2817.3 - Exhibit 02

AFFIDAVIT OF

State of Montana
County of

I,           , being first duly sworn, depose and say

1.     I am employed by the USDA Forest Service as District Ranger,                     Ranger District,
       National Forest, Region 1, and I reside in , Montana.

2.     As District Ranger I have responsibility for the administration of the 1872 Act Use
       Regulation (36 CFR 228). This authority has been delegated to me by the Forest
       Supervisor,     National Forest.

3.     That the unpatented mining claims operated by                        and owned by       of
       located in or adjacent to Sections and                          , are on the    Ranger District,
       National Forest.

4.     That (name) operator on the mining claims owned by            has not submitted a Plan of
       Operations for Forest Service review and approval, and has not applied for a special use
       permit for his operations in Sections (legal land desc.) , P.M.M.

5.     That       , owner of the claims in or adjacent to Sections , and         , P.M.M., has not
       submitted a Plan of Operations and has not applied for a special use permit for mining
       activities under the direction of       .

6.     That Forest Service employees under my direction served written notice on (date)                    , to
       to immediately cease operation on mining claims in and adjacent to Sections and
       , P.M.M., until a Plan of Operations has been reviewed and approved by the Forest
       Service.

       DATED this th day of (mo/year) .

SUBSCRIBED AND SWORN TO before me this th day of (mo/year).


                                                                Notary Public for the State of
                                                                       Montana
                                                                Residing at     , Montana
                                                                My commission expires
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EFFECTIVE DATE: 02/25/2004                                                        Page 20 of 29
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                                                 2817.3 - Exhibit 03

                                                   AFFIDAVIT OF

STATE OF MONTANA

County of Missoula

I        , being first duly sworn, depose and say:

(1)      I am employed by the USDA Forest Service as a forester,           Ranger District,
         National Forest, Region 1, and I reside at , Montana.

(2)      As a lands and minerals forester, I have a responsibility to make periodic inspections and
         compliance checks as directed by 36 CFR 228.7. This authority has been delegated to me
         by the District Ranger,     Ranger District,     National Forest.

(3)      That the mining claims owned by            of           and operated by         of
         are situated in our adjacent Sections , and T. ., R. ., Principal Meridian, Montana,
         Ranger District,      National Forest in western Montana.

(4)      That all functions, work, and activities in connection with prospecting, exploration,
         development, mining, or processing of mineral resources on said claims are subject to
         Title 36, Code of Federal Regulations, Part 228.

(5)      That      has been and is continuing to conduct operations without a Notice of Intent or
         an approved Plan of Operations in violation of 36 CFR 228.

(6)      That on (date)     , I conducted a field examination of said claims         and another
         unnamed claim as identified by        . On this day I spoke with     (operator) about his
         present mining operations and future plans. I also explained to     what the Forest
         Service would require from him in the way of a Plan of Operation, Performance bond,
         possible special use permit, and payment for involved timber.        stated he was willing
         to comply with all of our regulations, but he would not cease his operations. He wanted
         to continue road building and mining operations while weather permitted.

(7)      That I personally observed the following disturbances:

         (A)     Approximately 4000 feet of newly-constructed road beginning in sections (legal
                 land descrip) , P.M.M., and extending into Section (land descr) , P.M.M. The
                 road crosses      Creek once without use of a bridge, culvert or any other crossing
                 structure. Some earth removal was necessary at this point to provide a vehicle
                 crossing. Introduction of sediment into the creek would be unavoidable during
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                                         2817.3 - Exhibit 03 - Continued

the construction of the crossing. The creek is further muddied every time a vehicle crosses. The
road "lies on the land" and was constructed without excessive disturbance. No cut or fill slopes
were evident.

Two or three moist areas were crossed by the road. Some effort to corduroy the wet areas was
made, but were unsatisfactory at the time.

         (B)     Approximately 200 merchantable trees were removed during construction
                 operations. Most trees were pushed over by the road building equipment. A few
                 fell across  Creek. No slash clean up efforts were observed.

(8)      That     further stated he intended to construct an additional portion of road. The
         completed length of road would be about 5200 feet.

(9)      That on (date)      , at approximately 1410          and two unidentified individuals met
         with            and myself at the District office in   . At this time it was again explained
         to Mr.      what he had to do in the way of completing a Plan of Operations, payment of a
         performance bond, and possible application for a special use permit and payment for any
         timber disturbed that was not on his claim. Mr.       was agreeable to all of these
         conditions. Finally, I asked Mr.      to stop his operations until a Plan of Operations was
         submitted by himself and approved by the District Ranger. At this point Mr.         stated he
         would not stop his operations, stood up and without another word walked out of the
         District office followed by the other two individuals who were accompanying him.

(10)     It is my opinion that if the activity continues and there is no assurance that an attempt
         will be made to rehabilitate the area that there could be a significant negative impact on
         the water quality of      Creek, thus a negative effect of the present fish habitat.

DATED this th day of (mo/year).




                                 SUBSCRIBED AND SWORN TO before me this                    th
day of (mo/year) .



                                                       Notary Public for the State of Montana
                                                       Residing at     , Montana
                                                       My commission expires
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EFFECTIVE DATE: 02/25/2004                                                      Page 22 of 29
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                                                 2817.3 - Exhibit 04

                              IN THE UNITED STATES DISTRICT COURT
                                  FOR THE DISTRICT OF MONTANA
                                              DIVISION

                                      ____________________

UNITED STATES OF AMERICA                            |
                    Plaintiff                       |
                                                    |
                 vs.                                |   No.
                                                    |
   (Name)                                           |
                                    Defendant.      |
                                     ____________________

AFFIDAVIT

STATE OF MONTANA                             )
                                             |         ss.
County of                                    )

  (Name)     , Assistant United States Attorney for the District of Montana, being duly sworn
deposed and says:

That he is an Assistant United States Attorney for the District of Montana, and attorney for the
plaintiff United States of America in the above-entitled matter in which plaintiff requests the
United States District Court for the District of Montana to issue a temporary restraining order
directing (name) of (city/state) , to cease and desist from all functions, work, and activities in
connection with prospecting, exploration, development, mining, or processing of mineral
resources on mining claims situated in or adjacent to Sections       (legal land description) ,
Principal Meridian, Montana,         Ranger District,    National Forest in Western Montana.

Your affiant has been informed by officials of the USDA Forest Service that their efforts to
obtain from Mr.         a Notice of Intent or an approved Plan of Operations, as required by 36
C.F.R. 228, prior to the activity related to the mining claims as specified in the previous
paragraph have been unsuccessful.

Your affiant further states that he has been informed by officials of the USDA Forest service that
their efforts to deal with Mr.     in getting him to file a Plan of Operations, payment of a
performance bond, and possible application for a special use permit and payment for any timber
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                                         2817.3 - Exhibit 04 - Continued

disturbed that was not on his claim, prior to any further operations by him have been
unsuccessful and they anticipate continued work and activity in violation of 36 C.F.R. 228 by
Mr.     unless restrained by order of the United States District Court.

Your affiant states that he has made no effort to give notice to        that a request for a
temporary restraining order would be made to the court, and your affiant believes that under the
facts and circumstances of this matter as set forth in the complaint, the affidavits of       ,
, and       attached to the complaint and the other exhibits attached thereto, that notice should
not be required.

Your affiant further states that he believes the United State of America and its Forest Service will
succeed on the merits in this case and that not only will immediate irreparable injury occur if a
restraining order is not granted, but it is in the best interest of both the United States and
members of the general public who enjoy the recreational an aesthetic offerings of the
National Forest that Mr.       be restrained from further operation on his mining claims until he
has filed a Plan of Operations and this Plan has been approved by the USDA Forest Service.

FURTHER AFFIANT SAYETH NOT.



                                                                                  AFFIANT

SUBSCRIBED AND SWORN to before me this th day of (mo/yr) .


                 (SEAL)
                                                                           NOTARY PUBLIC FOR
                                                                           MONTANA
                                                                           Residing at , Montana
                                                                           My Commission expires:
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                                                 2817.3 - Exhibit 05


                              IN THE UNITED STATES DISTRICT COURT
                                  FOR THE DISTRICT OF MONTANA
                                              DIVISION

                                      ____________________

UNITED STATES OF AMERICA                            |
                    Plaintiff                       |
                                                    |
                 vs.                                |   No.
                                                    |
(Name)                                              |
                                    Defendant       |
                                     ____________________


                          TEMPORARY RESTRAINING ORDER WITHOUT
                           NOTICE AND ORDER TO SHOW CAUSE WHY
                         PRELIMINARY INJUNCTION SHOULD NOT ISSUE.


Upon the annexed application for temporary restraining order of the plaintiff United States of
America and upon the annexed affidavits of             ,          , and      , let the defendant show
cause before this court, to be heard at the United States Courthouse,           , Montana on the th
day of (mo/yr) , at (time) , or as soon thereafter as counsel can be heard, why a preliminary
injunction should not be entered enjoining defendant, his employees, agents, assigns and all other
persons acting in concert with defendant from all activities in connection with prospecting,
exploration, development, mining, or processing of mineral resources on mining claims situated
in or adjacent to Section (legal land descr.), Principal Meridian Montana, within the
National Forest, including the construction of roads to the said mining claims, and it appearing to
the court that defendant will continue to violate the requirements of 36 C.F.R. 228, as set forth in
the plaintiff's complaint and affidavits, unless restrained by order of this court; and it further
appearing that immediate and irreparable injury, loss and damage will result to plaintiff before
notice can be given to defendant or defendan's attorney and hearing can be had upon plaintiff's
application for a temporary restraining order and before defendant or his attorney can be heard in
opposition in that according to the affidavit of           efforts of the Forest Service to deal with
relating to the processing of his mining claims in accordance with 36 C.F.R. 228 have been
unsuccessful and further because of the fact that Mr.        processing of his mining claims in
violation of 36 C.F.R. 228 is reasonably anticipated to continue unless restrained by order of this
court, and it further appearing that plaintiff's attorney certified to the court in writing the efforts
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                                         2817.3 - Exhibit 05 - Continued

which have been made to give notice and the reasons supporting plaintiff's claim that notice
should not be required, it is ORDERED that pending the hearing on plaintiff's application or the
expiration of the ten days from the date hereof, whichever shall occur first, the defendant, and his
employees, agents, assigns and any other person acting in concert with defendant, are hereby
restrained from all activities in connection with prospecting, exploration, development, mining or
processing of mineral resources on mining claims situated in or adjacent to Section (legal land
 descr) , Principal Meridian Montana, within the       National Forest including the construction
of roads to the said mining claims.

IT IS FURTHER ORDERED that service of a copy of this Order to Show Cause and affidavits
annexed hereto shall be made upon the said defendant on or before the th day of (mo/yr) .

DATED this th day of (mo/yr) .



                                                                  UNITED STATES DISTRICT JUDGE
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                                                                             2817.3 - Exhibit 06

                      FSM 2817.3 - Inspection and Non-Compliance Enforcement Options




                                                                     ACTS NOT AUTHORIZED BY 36 CFR
                                                                     228

                                                       ATTEMPT TO SECURE WILLING AND RAPID CORRECTION
                                                            THROUGH DISCUSSIONS WITH OPERATOR


                                                                     ISSUE NOTICE OF NONCOMPLIANCE
                                                               - describe the noncompliance
                                                               - indicate how to get in compliance
                                                               - prescribe a reasonable time period for compliance


                                                                                    ENFORCEMENT
                                                              - either or both routes can be followed
                                                              - if both selected, close coordination between actions is
                                                              required. Criminal may be followed first.
                                                              - decisions of District Court or magistrate in past similar
                                                              cases need to be weighed before route selection



                                  CIVIL                                                                 CRIMINAL (violations of 36 CFR 261) – usually
                                                                                                        selected if damage ha already occurred and is reparable
                                                                                                        and compensable. Consult with RO Law Enforcement
            Injunctive relief (temporary            Damage recovery                                     before taking action. RO Law Enforcement will
            restraining order)                      - damage is reparable                               coordinate and consult with RO L&M and OGC.
            - damage occurring or                   and compensable
            imminent
            - damage is significant,
            irreparable, noncompensable                                                    Case is complicated & involves                     Case is straight forward with
                                                    Routine damage action                  relatively major damages.                          moderate to minor damages.
                                                    in U.S. District Court
            Contract RO L&M to
            coordinate with OGC                                                            Submit report to RO Law                            Issue citation (may consult with
                                                                                           Enforcement, who will consult RO                   U.S. Attorney first)
                                                                                           L&M, OGC, and U.S. Attorney
            Authorized officer and resource
            specialist(s) prepare affidavits                                                                                                                        Defendant pays fine


                                                                                           Complaint filed before appropriate                 Defendant objects to fine and
            Meet with OGC and U.S. Attorney                                                U.S. Magistrate                                    citation.



            U.S. Attorney files affidavits and                                             Defendant summoned into Court.
            motion for T.R.O. in Federal District                                          Defendant may opt for magistrates
            Court                                                                                                                                       Magistrates Court
                                                                                           or U.S. District Court, except all
                                                                                           felonies go to U.S. District Court.

            District Judge issues T.R.O. and Show
            Cause Order and schedules hearing
                                                                                           Trial in U.S. District Court                  Not Guilty Plea             Guilty Plea

            T.R.O. served on operator by Forest
            Service or U.S. Marshall                                                                 Trial (no jury trial in petty offenses                 Sentenced: up to 6 months
                                                                                                     before U.S. Magistrate)                                and/or $500 fine

            Hearing held. Preliminary injunction
            issued, or T.R.O. dissolved
                                                                                                Found Not Guilty                  Guilty: sentenced


                                                          Summary judgement (when
            Trial in U.S. District Court                  there is no dispute of facts).                                         Appeal to U.S. District Court




            Case Dismissed                                 Injunction made permanent,
                                                           damages assessed.
R1 SUPPLEMENT 2800-2004-2                                                        2810
EFFECTIVE DATE: 02/25/2004                                                       Page 27 of 29
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                                     FSM 2800 – MINERALS AND GEOLOGY
                                       CHAPTER 2810 – MINING CLAIMS


         5 - Noncompliance.

        b. Enforcement Action. Consultation with Regional minerals staff and Regional Special
Agent will take place prior to taking any criminal enforcement action against any party who
asserts he is a minor or prospector; is engaged in prospecting, exploring, mining; or who
otherwise asserts or appears to be operating or occupying the surface under authority of the 1872
General Mining Law. Regional staff will assume responsibility for coordinating with the Office
of General Counsel (OGC). This consultation process will continue throughout the lifetime of
the case. All process will continue throughout the lifetime of the case. All communications with
the U.S. Attorney's Office will be through OGC and should not be initiated by any Forest Service
employee. OGC should also be informed of any direct communication from the U.S. Attorney's
Office to the Forest. If you are unsure whether consultation is required in a specific case, a good
rule of thumb is, when in question, consult. Remember, Regional staff should be viewed as a
mechanism to help you prepare a solid case, rather than as an impediment. Furthermore,
electronic communication can vastly increase the speed of such consultation.

As the Forest level, it is important for the line officer, minerals staff, and law enforcement officer
to work together closely. If unauthorized activities are occurring, the line officer should initially
contact Forest minerals staff. If the problem cannot be resolved administratively, the line officer
or Forest minerals staff will contact Regional staff for further advice. Once a determination has
been made that civil or criminal enforcement action is warranted, law enforcement personnel will
be involved in the case. In emergency situations, where the District is unable to get the party in
noncompliance to cease activities, and where those activities are causing irreversible impacts,
every attempt must be made to contact Forest or Regional minerals staff or legal counsel
immediately, even if this requires calling someone at home, after work or on a weekend.

2818 - OCCUPANCY ON MINING CLAIMS

2818.3 - Use of Validity Determinations

Use of validity determinations on unpatented mining claims is limited to the following three
situations:

         1. A mineral patent application is filed,

         2. A claim is apparently being used for purposes not authorized by the mining laws; or

         3. The land being claimed is needed for a Federal program.

When a District Ranger believes a mining claim is being misused, a multiple use conflict exists,
or the validity of a claim should be investigated, a request for mining claim examination (form
2800-4) will be prepared and sent to the Forest Supervisor. Patent applications are forwarded to
the Forest Supervisor by the Regional Forester and have high priority.
R1 SUPPLEMENT 2800-2004-2                                                                    2810
EFFECTIVE DATE: 02/25/2004                                                                   Page 28 of 29
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                                     FSM 2800 – MINERALS AND GEOLOGY
                                       CHAPTER 2810 – MINING CLAIMS


The Forest Supervisor, in consultation with the Geologist/Mining Engineer, reviews the request
and decides whether a mining claim validity investigation will solve the misuse/conflict or
accomplish the desired management objective. If so, the case will be ranked by priority and
assigned to the Forest Geologist/Mining Engineer with a target date for completion.

The Geologist/Mining Engineer conducts the field examination accompanied, if possible, by the
District Ranger and mining claimant(s). After field examination, collection and analysis of data,
the Geologist/Mining Engineer, prepares a formal written report. If contest action is
recommended, an original plus five copies are prepared. If contest action is not recommended,
an original plus three copies are prepared. One copy is sent to the District Ranger, who reviews
the recommendations in the report and, in turn, makes written management recommendations to
the Forest Supervisor.

The Forest Supervisor makes a management review of the report and all recommendations. The
Forest Supervisor forwards the original plus three complete copies of the report (original plus
two copies if no contest is recommended) with his recommendations to the Regional Forester.

In the Regional Office, the Recreation, Minerals, Lands, Heritage and Wilderness Staff and
Office of the General Counsel review the case for management, technical, and legal sufficiency.
This review is required whether conclusions are that the claim is valid or not valid. This review
must be performed before results are discussed with the claimant or the claimant is notified of
the results. If the case is sufficient, one approved copy of the report is returned to the Forest
Supervisor and when contest is appropriate, the Regional Forester sends one copy of the report
and a request for mining claim contest to the State Director, Bureau of Land Management
(BLM). The BLM makes the ultimate review. If BLM approves, they will initiate a contest
action.

Authority to conduct mining claim validity investigations is hereby delegated to those Forest
Supervisors whose organizations include qualified mineral specialists.1/ This authority may be
redelegated to District Rangers whose organizations include qualified mineral specialists.

Although authority for making the investigation and preparation of technical reports is delegated,
review and approval of reports and submission of all recommendations to the Bureau of Land
Management concerning validity of mining claims are reserved by the Regional Forester.




_______________________
1/
  Qualified mineral specialists include mining engineers and geologists who have received special training in mining
law and mining claim examination principles and practice.
R1 SUPPLEMENT 2800-2004-2                                                    2810
EFFECTIVE DATE: 02/25/2004                                                   Page 29 of 29
DURATION: This supplement is effective until superseded or removed.

                                     FSM 2800 – MINERALS AND GEOLOGY
                                       CHAPTER 2810 – MINING CLAIMS



2819 - MINING CLAIM CONTESTS

A contest may consist of the following discrete steps:

       1. Complaint issued and served on claimant(s). Thirty days allowed for answer. If no
answer is filed, BLM issues decision declaring claim null and void. (Typical time required: 30-
60 days.)

         2. Claimant(s) files formal answer with BLM. (30 days)

         3. BLM sends contest case to Department of Interior, Office of Hearings and Appeals.

         4. Administrative Law Judge schedules hearing. (Typical time required: 3-12 months.)

       5. Hearing is held. OGC represents Forest Service; Geologist/Mining Engineer testifies
as expert witness.

         6. Administrative Law Judge issues decision. (Typical time required: 1-12 months.)

      7. Appeal by either party to Interior Board of Land Appeals. (Typical time required: 8-
12 months.)

       8. Judicial review by either party through Federal Court System (District Court, Circuit
Court of Appeals, and U.S. Supreme Court).

				
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