May I collect here, and may I sell what I find?
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Answer six questions about the spot, in order: who manages the surface, who owns the minerals, whether it is closed, whether it is under a mining claim, what you want to take and with which tools, and whether you mean to sell. The checker returns the rule that applies at each step with its citation, stops you at the first step that rules collecting out, and names the office to confirm with. The order matters, because a rule read for the wrong ground gives the wrong answer. It describes regulations as published and read in October 2026; it is not legal advice, and the managing office has the final word.
The six questions, and why they come in this order
| Step | Question | Why it comes here |
|---|---|---|
| 1 | Who manages the surface? | Every other rule depends on the land manager |
| 2 | Who owns the minerals? | Federal surface over a private mineral estate takes the spot out of the BLM allowance [1] |
| 3 | Is it closed or specially designated? | A park unit, monument, wilderness or posted closure can override the agency's general rule |
| 4 | Is there an active mining claim? | A claim gives its holder the "exclusive right to the minerals being claimed" [2] |
| 5 | What are you taking, and with what tools? | Rocks, petrified wood, fossils, meteorites and artifacts each have their own rule; tools have theirs |
| 6 | Do you intend to sell? | The free allowances are for personal use; sale needs a different basis |
If you do not know the answer to step 1, stop and find out first: finding out who manages the ground you are standing on walks through land status maps, county parcel records and Master Title Plats.
Step 1: what each answer leads to
| You answer | The checker says | Citation | Continue? |
|---|---|---|---|
| BLM public land | Rocks, mineral specimens and semiprecious gemstones in "reasonable amounts" for "noncommercial purposes"; no number | 43 CFR 8365.1-5(b) [3] | Yes, to step 2 |
| National forest | "Only remove small reasonable amounts of material for personal use"; "No mechanical equipment may be used" | FS-1091, June 2017 [4] | Yes, ask the ranger district |
| National park unit (any title) | Removing or disturbing a mineral resource is prohibited, with three narrow exceptions | 36 CFR 2.1 [5]; NPS [6] | Stop |
| National wildlife refuge | Unauthorized removal of public property, including natural objects, is prohibited | 50 CFR 27.61 [7] | Stop unless authorized |
| Corps of Engineers project | Removing natural formations or mineral deposits is prohibited without the District Commander's written permission | 36 CFR 327.14 [8] | Stop unless you have it |
| Bureau of Reclamation land | Natural resources may not be removed except as the rule's exceptions and other law allow | 43 CFR 423.29 [9] | Ask the area office |
| State land | Varies by state; closed in some | Collecting rules by state | Check the state row |
| Tribal land | Only with the tribe's permission; federal allowances do not apply | Ask the tribal government | Only with written permission |
| Military land | Closed unless the installation permits | No general published allowance found | Stop |
| Private land or fee dig | Only on the owner's or operator's terms, ideally in writing | Collecting on private land | Yes, with permission |
The national park exceptions (Whiskeytown panning, some Alaska units, Pipestone) are on national parks and monuments.
Steps 2 to 4: minerals, closures and claims
- Mineral estate. BLM's rock collection FAQ (file dated February 28, 2024) says the allowance does not cover land where the minerals are privately owned [1]. Master Title Plats and county records show severed estates.
- Closures and designations. BLM national monuments generally allow collecting but it "may be prohibited" for monument objects [1]; on Forest Service monuments and wilderness, "collecting may or may not be allowed" [4]. BLM excludes developed recreation sites and posted closures [3]. Call the field office or ranger district.
- Mining claims. "Minerals found on mining claims belong to the claim holder and may not be collected without the claimant's permission" [10]. Search the BLM Mineral and Land Records System for the township, range and section, as mining claims explains.
Step 5: what you take and how
| You want to take | The rule | Home page |
|---|---|---|
| Rocks and minerals | As step 1 | Collecting on BLM land |
| Petrified wood (BLM or Reclamation) | A per-day and per-year weight limit, personal use, no sale to commercial dealers | 43 CFR 3622.4 [11]; petrified wood |
| Invertebrate or plant fossils | Casual collecting only on certain BLM and Reclamation land, never on NPS or FWS land; no sale | 43 CFR 49.800, 49.810 [12][13]; fossils on public land |
| Vertebrate fossils | Permit only | Fossils on public land |
| Meteorites | BLM IM 2012-182 terms, with its stated 09/30/2013 expiration and no published replacement as of October 2026, so get the field office's answer in writing; the Forest Service says they are not available for collecting | Meteorites on public land |
| Arrowheads and artifacts | Not to be removed from BLM, Forest Service or NPS land without a permit | Arrowheads and other artifacts |
Tools: BLM bans "explosive, motorized or mechanical devices, except metal detectors" [3]. National forests allow no mechanical equipment, and sluices and dredges may need a plan of operations [4]. The tool-by-tool table is on which tools you may use on public land.
Step 6: may you sell it?
| Basis | Sale |
|---|---|
| BLM free-use collecting | No. Collecting "for sale or barter to commercial dealers may be done only after obtaining a contract or permit" [3] |
| National forest hobby collecting | No. Hobby specimens "cannot be bartered or sold" [4] |
| Petrified wood, casual fossils | No [11][13] |
| Private land or fee dig | Only if the owner's written permission or the site's terms allow it |
| Commercial permit or contract | As the permit says |
The checker's last screen sums up: which rule applied, its citation and date, the office to call, and a note to keep with your field records. Keep that note; it is the first link in the record that makes a specimen lawful stock if you ever sell.
| Status | GO |
|---|---|
| Land | BLM public land |
| Rule | Rocks, mineral specimens and semiprecious gemstones in reasonable amounts for noncommercial purposes; no number is published. |
| Citation | 43 CFR 8365.1-5(b) (read October 2026) |
| Confirm with | BLM field office |
| Screens cleared | surface manager, mineral estate, closures, mining claim, material and tools |
References
- Bureau of Land Management, *Public Collection of Rocks, Mineral Specimens, and Semiprecious Gemstones on Public Lands for Noncommercial Purposes: FAQ*, file dated February 28, 2024. https://muleapi.blm.gov/sites/default/files/docs/2024-02/BLM-Rock-Collection-FAQs_2-28-24.pdf
- Bureau of Land Management, Montana-Dakotas State Office, *Mining Claim Packet*, September 2024. https://blm.gov/sites/default/files/docs/2024-09/MTDK%20Mining%20Claims%20Packet%202024.09.pdf
- Legal Information Institute, Cornell Law School, 43 CFR 8365.1-5 Property and resources, read October 22, 2026. https://www.law.cornell.edu/cfr/text/43/8365.1-5
- USDA Forest Service, *Rockhounding Guide*, FS-1091, June 2017. https://www.fs.usda.gov/media/229394
- Legal Information Institute, Cornell Law School, 36 CFR 2.1 Preservation of natural, cultural and archeological resources, read October 22, 2026. https://www.law.cornell.edu/cfr/text/36/2.1
- National Park Service, Geologic Resources Division, *Recreational Collection of Rocks and Minerals: Legal Instruments*, current as of December 2023, updated January 2, 2024. https://www.nps.gov/articles/recreational-collection-of-rocks-and-minerals-legal-instruments.htm
- Legal Information Institute, Cornell Law School, 50 CFR 27.61 Destruction or removal of property, read October 22, 2026. https://www.law.cornell.edu/cfr/text/50/27.61
- Legal Information Institute, Cornell Law School, 36 CFR 327.14 Public property, read October 22, 2026. https://www.law.cornell.edu/cfr/text/36/327.14
- Legal Information Institute, Cornell Law School, 43 CFR 423.29 Natural and cultural resources, read October 22, 2026. https://www.law.cornell.edu/cfr/text/43/423.29
- Bureau of Land Management, *Can I Keep This? A Guide to Collecting on Public Lands*, BLM/MT/GI-11/007, revised 2021. https://www.blm.gov/sites/default/files/docs/2021-10/Can%20I%20Keep%20This%202021%20-%20508%20Final%20Version.pdf
- Legal Information Institute, Cornell Law School, 43 CFR 3622.4 Collection rules, read October 22, 2026. https://www.law.cornell.edu/cfr/text/43/3622.4
- Legal Information Institute, 43 CFR 49.800 (casual collecting on lands administered by NPS or FWS), current text read October 22, 2026. https://www.law.cornell.edu/cfr/text/43/49.800
- Legal Information Institute, 43 CFR 49.810, "What is casual collecting?", current text read October 22, 2026. https://www.law.cornell.edu/cfr/text/43/49.810
