43 C.F.R. § 3505.10

What is a prospecting permit?

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(a) A prospecting permit gives you the exclusive right to prospect on and explore lands available for leasing under this part to determine if a valuable deposit exists of:

(1) Phosphate;

(2) Sodium;

(3) Potassium;

(4) Sulphur;

(5) Gilsonite; or

(6) A hardrock mineral.

(b) Prospecting permits are not available for asphalt.

(c) You may remove only material needed to demonstrate the existence of a valuable mineral deposit.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: Greater Yellowstone Coalition v. Larson, 641 F. Supp. 2d 1120 (D. Idaho 2009).
Greater Yellowstone Coalition v. Larson, 641 F. Supp. 2d 1120 (D. Idaho 2009). “”) (emphasis added); 43 C.F.R. § 3505.10 (“A prospecting permit gives you the exclusive right to prospect on and explore lands available for leasing under this part to determine of a valuable deposit exists of .”
Cascade Forest Conservancy v. Frewing (D. Or. 2021). “In support of its argument that a mine was a “reasonably foreseeable future action,” Plaintiff points to: (1) Defendant BLM’s regulations that prospectors cannot remove material except to demonstrate a valuable mineral deposit, 43 C.F.R. § 3505.10 (c); (2) the Federal…”
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