Federal Fossil Laws (Proposed) Comment Period Starts December 7th

[Bone Daddy]

1 hour ago, luxefaire said:

Hi its been awhile since I had dealings with the BLM here in NM, but they have always been cordial and helpful.  I have owned two gemstone claims near hachita NM in the past, and it was no hassle, they even went so far as to tell me I did not need a claim as long as I kept my diggings to pick and shovel and less than one square yard of dirt per day.  Other laws I have seen allow 25 lbs per day of material to be taken from a site by the public, even on land with active claims, because claims cannot keep the casual collector off public land.  I am sure things have changed somewhat since my dealings with BLM, and yes, i have heard horror stories, but personally speaking they have always been a real asset to me and my explorations.  As far as fossils go (Excepting dino) they seemed very unconcerned with that.  I do know that certain areas have more enforcement than others, but exploitation of mineral wealth has always seemed to be their main concern.  i have used the Las Cruces NM BLM office for my queries and they have always gone above and beyond....regards....Bill

Hi Bill,

 

Your experience is similar to what I have heard from meteorite hunters in the western and southwestern US. The majority of BLM officials they have talked to have been polite and helpful. Some of them were not fluent in the new regulations, but most were actually quite helpful and lenient. 

 

When in doubt, pick up the telephone and reach out to them. Be respectful and courteous. Most of the time, people will be pleasantly surprised by how little these officials care to interfere in small-scale, amateur activity that is respectful to the land.

 

Best regards,

 

MikeG

 

[ynot]

7 hours ago, luxefaire said:

  Other laws I have seen allow 25 lbs per day of material to be taken from a site by the public, even on land with active claims, because claims cannot keep the casual collector off public land. 

This is true, You can surface collect -- as long as You do not dig - on Someone else's claim without permission. That is called "claim jumping" and is still illegal!!!

Tony

(claim holder)

 

[Ludwigia]

2 hours ago, ynot said:

This is true, You can surface collect -- as long as You do not dig - on Someone else's claim without permission. That is called "claim jumping" and is still illegal!!!

Tony

(claim holder)

 

 

Uhoh!...sounds like the voice of experience speaking here.

 

[Bone Daddy]

19 hours ago, ynot said:

This is true, You can surface collect -- as long as You do not dig - on Someone else's claim without permission. That is called "claim jumping" and is still illegal!!!

Tony

(claim holder)

 

 

Agreed. Claim jumping is a surefire way to get a backside full of rock salt (at least).

 

[luxefaire]

yes you are right, i should have made that distinction, surface collecting ok, digging on claims not, but on unclaimed land, here in nm at least, less than one sq yard of dirt per day is considered sampling, and is allowed....b

[Sagebrush Steve]

Does anyone know what ever happened with this proposed rule for fossil collecting on public lands under the 2009 Paleontological Resources Preservation act?  It was a hot topic back in 2017 but as near as I can tell, it has been stuck in limbo ever since.  I did submit a comment on the proposed rule but have never heard anything more about it.

[DPS Ammonite]

Was it for the US Forest land?; they have enacted regulations.

 

“the Paleontological Resources Preservation Act of 2009 (PRPA) (16 U.S.C. § 470aaa 1-11) which was enacted on March 30, 2009 within the Omnibus Public Land Management Act of 2009. PRPA directs the Department of Agriculture (U.S. Forest Service) and the Department of the Interior (National Park Service, Bureau of Land Management, Bureau of Reclamation, and Fish and Wildlife Service”

 

https://www.nps.gov/subjects/fossils/fossil-protection.htm

Edited October 22, 2021 by DPS Ammonite

[Sjfriend]

10 hours ago, DPS Ammonite said:

Was it for the US Forest land?; they have enacted regulations.

“

It was basically for BLM and was a proposed update to the rules in 2016. I do know the 25 pound a day rule is still in effect and only non-vertebrates allowed.

[DPS Ammonite]

The US Forest Service has published regulations based on the PPRA in the Electronic Code of Federal,Regulations; the BLM has only a proposal published in the Federal Register. It is always best to contact the local office since their policies may differ from published info.

 

Assume that you cannot collect on National Park Service, Bureau of Reclamation, and Fish and Wildlife Service lands; I have not found any opportunities to collect. Again, contact the local offices.

 

You can PM me if you have any specific questions especially with the USFS regulations.

 

See below for more info: