I found this post on another forum concerning prospecting in Georgia's Chattahoochee Oconee National Forest, where for the past year or so a "moratorium" on ANY prospecting was put in place, you were not allowed to even "rockhound" or pick up rocks without being ticketed, over a period of time a few prospectors repeatedly contacted their Representatives and about a month or so ago got the moratorium lifted!!! Which was GREAT News to many, but now it seems that the moratorium is back in place, and the entire eastern and for sure the southeastern National Forests maybe at risk of the same happening in these National Forests as well, here is the most recent NEWS concerning this as I found posted, please contact your Representatives, etc. as directed by this email response from one of the prospector who got the original moratorium lifted... Thanks, we need to fight this!!! Skip _________________________________________________________________________ Quote: "The Forest service in Georgia has but the moratorium back on, only this time, George Bain, District manager is taking it to the Southeast Region on Tuesday Dec. 15 to try to decide what they can do. Here is an email I received from Tony after his conversation with Mitch Cohen of the forestry office. When I talked to Mitch Friday, he told me it was the Regional Office that had reinstated the moratorium. Now you can see they will tell you whatever they want to, whether it is the truth or not. I am going to post a map of the SE Region that may be affected by the ruling tomorrow. Call your congressman, call the forestry service in your area and make some noise. Photobucket Everyone, I spoke to Mitch Cohen, Interpretive Specialist at District Supervisors Office for the Chattahoochee Oconee National Forest. Mr. Cohen, explained to me that the Forest Supervisor, Mr. George Bain was the person responsible for placing the moratorium back on, banning recreational gold prospecting, rock hounding, or any removal of any minerals as a recreational activity in the forest. There is a meeting tomorrow, in they're Atlanta Office concerning how the Forest Service may change the present guidelines they have been using in the past concerning the activities of minerals removal for recreation in the forest. You may recall, the Forest Supervisor had requested from the OGC, Office of General Council, that they interpret the laws on the books at present concerning the mining laws and how they apply to Federal Lands east of the Mississippi River. Myself and others went into action by contacting our US representatives and other officials to protest this action by the Forest Service. I know for a fact, that our efforts paid off and the moratorium was lifted. I know for a fact, that the United States Department of Agriculture, Top Officials, told Forest Supervisor, George Bain, to withdraw his request from the OGC, that they review the present laws and make a ruling. It was put to him in a matter of fact way, That there are bigger fish to fry in Washington right now. This meeting tomorrow in Atlanta, is a closed door meeting among the regional officials of the forest service. I was told by Mr. Cohen, that the discussion will be about the current mining laws, the removal of minerals for recreation, the authority the Forest Service has, Should they require permits, the enforcement issues and so forth. I was told that No One outside of the US Forest Regional Officials will be able to attend. Mr. Cohen, did tell me that he will provide me with further information when he has it. People, this is a never ending battle to fight. These individuals will not stop until they take away all of our rights to use these federal lands. We must respond and quickly. Please take the time to call or write your US Congressman. Please contact or publish information, so many can become involved. Please forward this e-mail to all you know Go direct to the district web page. www.fs.fed.us/conf/ click the blue contact us tab. Write about you disapproval or opinion. Go to the Home site of US forest service at www.fs.fed.us and do the same thing. The District Forest Supervisors Phone is 770 297-3000. the phone to Mitch Cohen's office is 770 297-3095 Thanks for your help. Anthony Hall GPAA # 276486 P.L.P. #1589 "

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  • Is this like this in the east because everything was set up for privatized resources since the beginning,   like pennsylvania was owned by william penn  and the rest of the colonys were set up the same way?   Owned by the rich and powerful landowner who also divided the land into surface and subsurface rights?  I hope everything is not bought off,  I don't think I heard of any BLM lands east of the mississippi,  even on the federal lands (parks and national forest) the mineral rights have been sold off years ago to gas, oil, lumber owners etc

    • Edward, 

       This is a old topic, but still relevant.

       The "public" lands east of the Mississippi River, with a couple of states the exception, was never owned by the government/We The People, like the public lands west of the Mississippi River, hence the Mining Laws that enable you to stake a claim out west do not apply or give prospectors the same rights in the east. all public lands east of the Mississippi were private lands that were bought by our government to create National Forests and National Parks, but the government does let us go into the parks and forests, IMHO these eastern "Public Lands" do belong to We The People, but our government doesn't see it that way!!!

       You can lease land in eastern National Forests from the Forest Service for mining, sorta a mining claim but you have to pay the least fees and do reclamation on the leased land after you're finished mining, our government in most cases still own the mineral rights in the eastern National Forests and Parks

       That being said in most eastern National Forests we are still allowed as a hobby to at least go panning, and in some, even use a sluice, and in just a very few  or maybe one even run a dredge.

       Now eastern National Parks are a different story, you aren't allowed to do much of anything other than look at the pretty "wilderness", but DON"T TOUCH!!!, but in some, but very few  you maybe allowed to pickup only a handful of stones/rocks for your rock collection, so make sure if you visit one of the few..(check with the Ranger's Station to see if you can pickup a handful of rocks for your collection)....make sure if you see a "golden" rock make it one of the ones in your "handful"!!!! 

  • My e-note to the USFS - "Please do not keep moratorium on recreational gold mining on Southeastern National Forest lands. There are too many recreational activites that are so commercialized and allowing recreational gold prospecting on NF lands is a nice alternative pastime for the nature lover voters who have greatlly supported you with our tax dollars in the past."
    • Hi all. I am a central NC greenhorn and GPAA member. I looked into detecting in the Uwharrie Nat. Forest on their web site and there is NO detecting allowed except for a beach somewhere on their lands or FORMAL PERMISSION FROM THE RANGER. This is what we get for the few bad apples that detect and don't fill the holes after digging them, leaving trash and having a complete disrespect of the sport in general. Now most of us are paying the price. SOON THE ONLY PLACE WE WILL BE ABLE TO DETECT IS ON MARS !!!
  • Dose this also apply to the natural Rivers and tributaries as well as the forest floors?
    • Well, the latest news is that the moratorium has been lifted and all seems well at this time, the forest service has reversed their position.

      Here is the latest I've seen on this matter.

      Quote:

      " Grumps Adams
      Forum Oldtimer
      Joined: Jul 27 2009
      Location: Fairburn, Ga.
      Online Status: Offline
      Posts: 121 Post Options
      Quote Reply Topic: Georgia moratorium lifted again
      Posted: Jan 20 2010 at 9:05pm
      I just heard from my congressman's office, the forestry service has once again lifted the ban on prospecting in the National forests in Georgia. I will try to contact Karen there tomorrow and get more details, but I thought i would let you know"

      Grumps "

      And the follow up posting...

      Quote:

      " Grumps Adams
      Forum Oldtimer
      Joined: Jul 27 2009
      Location: Fairburn, Ga.
      Online Status: Offline
      Posts: 121 Post Options
      Quote Reply Posted: Jan 21 2010 at 8:42pm
      Hello all,
      I spoke with Karen at the USFS today, and she says their lawyers and forest superintendent have decided that the CFR that the BLM uses for mineral rights applies to them also. If that is the case, then the issue should go away. They are going to put all the information on what is allowed and not allowed, so it will be clear and consistent. Also they just finished a map of what mineral rights still belong to the land owners they bought the land from, and which belong to the people. She says she hopes this will happen tomorrow. This should help us know where we can and cannot prospect without having to go to the local office and ask about mineral rights only to find out that they are still in private hands. She seemed sincere today and really really excited to be able to tell me this news.

      And Audio Swamp, that is all that has been allowed as long as I remember, and I am kinda old. I know the rules go back to the 2004 forest plan, but i think it goes back farther than that."


      Skip
  • This means that the Califoria bussiness is spreading? Wow what ideas these people devise to mess up anothers recreation.
  • There will be more info on this coming after the holidays. I know Tony has filed an FOIA request and as soon as the holidays are over with, I may do the same as well but ask for different information. We need several people to send in written request for permission/permits to prospect also. The USFS response to the request will hopefully give us a better idea what they are going to use as an excuse to deny the permit.

    They make no mention of gold prospecting on their website now, it is not prohibited or allowed. We can't let them get out that easy.
  • Here is the latest on this and was posted on the GPAA forum...

    Skip

    Quote:
    " Here is an update, it took this long to find out this much, and it aint much really except beating around the bush. Basically nothing has been decided and here are the point of my 30+ minute conversation with Forestry Officials this morning.

    Hello All,
    First I hope all have a Merry Christmas. I talked to Mitch Cohen and he is now saying to direct all calls to Karen McKenzie @ 770-297-3061. I talked to her for about 30 minutes and you could tell she was picking and choosing her words carefully. I am going to just list what she said here.
    She said the BLM actually owns the mineral rights in the public forests in Georgia and the land owners i.e The Forest Service, are the ones that decide to give away minerals through a CFR/ (Code of Federal Regulations)/ .

    When told that the BLM referred me to the Forest Service for answers, she just said that she wasn't surprised, they dont want to deal with the issue either.

    She says they do not have a CFR that allows them to give away the mineral rights, but they have lawyers searching trying to find one that will apply.
    She also says that Washington did not tell George Bain to go back to the Land management plan of 2004, they just pulled it from the OCR and did not want them to review it. And without a CFR that plan still does not allow them to give away mineral rights, there has to be a CFR.

    She says this could have implications throughout the Southeast National Forest, but that it is still up to the individual Districts to decide what they want to do.

    When asked why only Georgia, she said that the law enforcement officials for the forestry in Georgia could not turn their heads in good conscious knowing that collecting minerals and rocks could possibly be against the law.

    She also said that they are trying to deal with the issue through current rulings and regulations, and possibly new regulations so they dont have to get Congress involved because Congress does not like to deal with mineral right due to how many different problems they run into in different parts of the country.

    She is suppose to speak with a Regional Lawyer today and she has said to call her back tomorrow. I will call her tomorrow and give you guys another update."

    Another update...

    Quote:
    " I talked to Karen again today at USFS District Office in Gainesville Ga, and she says the lawyer has made a request in Washington to see if the CFR used by the BLM will apply for the USFS. However, it is the holidays and there are a lot of people gone for the holidays and wont be back Jan 4th. So nothing is going to be decided till then they say. They keep saying there is a question about mineral rights, but this is part of their own document.


    In the last five years, through legal procedures, the Forest obtained the surface mineral rights to approximately 130,000 acres located in 16 counties in Georgia through the Georgia Dormant Minerals Act. This Act allows the mineral rights to be obtained when the estate is split when the land is acquired and the owner of the minerals has not paid taxes nor worked the minerals in the previous seven years. The Federal government presently owns the rights to all minerals on about 98 percent of the Forest acreage. Mineral rights on the remaining 2 percent of the Forest acreage are privately owned (either reserved or outstanding minerals rights), and the owner has paid taxes on the mineral rights in the previous seven years."
    • The Forest Service should step up as land managers, as well as recreation managers, and say "no ability to give away mineral rights? No problem, we will issue Free-use permits, at no charge, to anyone who wants to prospect on National Forest lands." This exact thing is done out West for folks who want to get building stones, fence posts, firewood, etc. If they own it, they may not be allowed to convey the "rights" to it, but they can let the true owners (public) have it on an annual basis through their permitting regulations.

      Thanks for keeping us posted on the latest.

      Happy New Year,

      Keith
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