Forest Service Tweaks Rules for Mining on National Lands
Published Date: 2/20/2026
Proposed Rule
Summary
The Forest Service wants to update rules for mining on National Forest lands to make the process clearer and protect the environment better. These changes affect miners, explorers, and anyone using forest land for mining activities, aiming to balance mineral supply needs with nature care. You’ve got until April 21, 2026, to share your thoughts before the new rules take shape!
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
Clear Plan-of-Operations Thresholds
The rule replaces the old subjective test for when a formal plan of operations is required with specific criteria. A plan of operations would be required when an operation results in surface disturbance greater than 5 acres, when the activity is other than exploratory or investigative, or when other listed protection criteria apply.
New 'Operating Notice' Tier Lowers Burden
The rule creates an intermediate "operating notice" category between "limited operations" and a full plan of operations, and the Forest Service estimates an annual average of 62 operations that currently require a plan would instead proceed under an operating notice. Operating notices still require specified information (including a reclamation plan and cost estimate) but no prior approval.
Financial Assurance Replaces 'Reclamation Bond'
The rule replaces the term "reclamation bond" with "financial assurance" and requires acceptable instruments (per proposed section 228.11) to ensure performance of reclamation and other obligations tied to an operating notice or plan of operations.
Mandatory Pre-Submittal Meetings
Operators seeking to submit an operating notice or a plan of operations must hold a pre-submittal meeting with the authorized officer or designee. The meeting must occur within 21 days of receipt of a meeting request or on a mutually agreed date.
Certain Activities Must Always Notify
The rule specifies activities that are not "limited operations" and therefore require an operating notice or plan of operations—for example, suction dredging is listed as not limited, and any operation with the simultaneous onsite presence of ten or more individuals affiliated with the same operator also requires notice or a plan.
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Key Dates
Department and Agencies
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