What are the Penalties for Illegal Prospecting?
Full Question:
Answer:
The answer will depend on all the facts involved, such as the location of the prospecting and whether previous violations exist. The following is a federal law regarding penalties for violations of regulations realted to outer shelf continental lands:
http://codes.lp.findlaw.com/uscode/43/29/III/1350
Several state and federal agencies have an interest in mineral prospecting and placer mining, and may require a permit:
•U.S. Army Corps of Engineers
•U.S. Bureau of Land Management
•U.S. Forest Service
•National Marine Fisheries Service
•U.S. Fish and Wildlife Service
•National Park Service
The following is from the National Parks Service Management Policies:
"8.7.2 Federal Mineral Leases
All parks are closed to new federal mineral leasing except for three national recreation areas (Lake Mead, Whiskeytown, and Glen Canyon), in which Congress has explicitly authorized federal mineral leasing in each area’s enabling legislation. Through park planning documents, the National Park Service has closed portions of these areas to federal mineral leasing because of the presence of sensitive resources. No person may explore for federal minerals in any of these areas except under a lease issued pursuant to regulations in 43 CFR Part 3100, or under a prospecting permit pursuant to 43 CFR 3500. Before consenting to a federal mineral lease or subsequent mineral development connected with a lease, the regional director must find, in writing, that leasing and subsequent mineral development will not result in a significant adverse effect on park resources or administration.
Some park areas contain leases that existed at the time the park was created or expanded. These leases are valid existing rights, and will continue to exist until such time as they expire under the regulations that govern federal mineral leasing (43 CFR Parts 3100 and 3500).
8.7.3 Non-federally-owned Minerals
Non-federal mineral interests in park units consist of oil and gas interests, or rights to mineral interests other than oil and gas (such as private outstanding mineral rights, mineral rights through general land grant patents, homestead patents, or other private mineral rights that did not derive from the General Mining Act. The Park Service governs activities associated with these two categories of non- federal mineral rights under separate regulatory schemes.
The Park Service may approve operations associated with non- federal oil and gas interests under the standards and procedures in 36 CFR Part 9, Subpart B. If an operator’s plan fails to meet the approved standards of these regulations, the NPS generally has authority to deny the operation, and may initiate acquisition. Absent a decision to acquire the property, application of the regulations is not intended to result in a taking of the property interest, but rather to impose reasonable regulation of the activity.
The Service may approve operations associated with nonfederal mineral interests, other than oil and gas, under 36 CFR Part 5, “Commercial and Private Operations,” and 36 CFR 1. 6.
The Service must determine that operations associated with these mineral interests would not adversely impact “public health and safety, environmental, or scenic values, natural or cultural resources, scientific research, implementation or management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities ….” If the operation cannot be sufficiently mitigated to meet this standard, the NPS may seek to acquire the mineral interest. "
Local jurisdictions and tribal governments may also require permits. Contact these agencies directly.
Please see also:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=907a8179fa21896bef687b347e5c16b8;rgn=div6;view=text;node=43%3A2.1.1.3.64.5;idno=43;cc=ecfr
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title30/30cfr241_main_02.tpl
http://legis.wisconsin.gov/rsb/code/nr/nr131.pdf
http://pubs.usgs.gov/gip/prospect2/prospectgip.html
http://www.nps.gov/archive/tapr/append5.html