PRINTER'S NO. 3645
No. 2507 Session of 2004
INTRODUCED BY PHILLIPS, WILT, PICKETT, ALLEN, ARGALL, BAKER,
CAPPELLI, CAUSER, CREIGHTON, DENLINGER, DeWEESE, FAIRCHILD,
FEESE, GEIST, GEORGE, GILLESPIE, GOODMAN, HALUSKA, HARRIS,
HERSHEY, HORSEY, LEACH, MAJOR, MARKOSEK, MILLARD, ROHRER,
SHANER, YOUNGBLOOD AND HASAY, APRIL 2, 2004
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 2, 2004
AN ACT
1 Providing for recreational mineral prospecting and for powers
2 and duties of the Department of Environmental Protection; and
3 establishing the Recreational Mineral Prospecting Technical
4 Advisory Committee.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Recreational
9 Mineral Prospecting Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Activity." An action or project involving the filling,
15 removal or alteration of the beds or banks of a Pennsylvania
16 stream regardless of the amount of material involved or area
17 disturbed.
1 "Aggregate." A mixture of minerals separable by mechanical
2 or physical means.
3 "Board." The Environmental Quality Board.
4 "Committee." The Recreational Mineral Prospecting Technical
5 Advisory Committee established in section 6.
6 "Department." The Department of Environmental Protection of
7 the Commonwealth.
8 "Dredging." The moving or removal of bed material using
9 other then handheld operated tools, including, but not limited
10 to, a suction dredge, backhoe or dragline.
11 "Equipment." A device powered by internal combustion,
12 hydraulics, livestock or electricity rated over one horsepower
13 and all the related apparatus that enables the device to be
14 functional. The term includes, but is not limited to, a
15 recreational dredge and high-banker.
16 "Mineral." A substance occurring naturally in the earth,
17 including, but not limited to, a naturally occurring metal,
18 crystal, rock or fossil.
19 "Mineral prospecting equipment." A natural or manufactured
20 device, implement or animal, other than the human body, used in
21 any aspect of prospecting for or recovering minerals.
22 "Prospecting." To search or explore, using motorized or
23 nonmotorized methods, for samples of minerals from either lode
24 in bedrock or in aggregate or ore deposited by water or glacial
25 action.
26 "Prospector." An individual who engages in recreational
27 mineral prospecting.
28 "Recreational mineral prospecting." Searching or exploring
29 for minerals in a manner that is consistent with a hobby or
30 casual activity in this Commonwealth, including use of public
20040H2507B3645 - 2 -
1 lands approved or designated for this purpose.
2 "Recreational purpose." A purpose involving a sport or other
3 recreational activity of whatever nature, undertaken by a person
4 while using land, water, path or trail and may combine more than
5 one hobby, sport, diversion or recreational activity.
6 "Removal." The physical taking of material from the deposit
7 location or bed of a stream. The term does not include the
8 physical taking of trash or relocation of bed material in a
9 stream for a distance of ten feet or less.
10 "Rockhounding." The recreational gathering of mineral
11 specimens found occurring naturally on the undisturbed surface
12 of land, as well as exposed or submerged rocky stream or lake
13 beds.
14 "Suction dredge." A machine equipped with an internal
15 combustion engine or electric motor-powered water pump and used
16 to move submerged bed materials by means of hydraulic suction
17 and process the submerged bed materials through an attached
18 sluice box to recover the desired minerals. This activity shall
19 be limited to streams equal to the nozzle size in inches times
20 eight feet unless a written exemption is granted by the
21 Department of Environmental Protection.
22 Section 3. Scope.
23 The provisions of this act shall apply to recreational
24 mineral prospecting provided that the recreational mineral
25 prospecting is conducted under the conditions of a permit
26 required by the department, with the exception of those areas of
27 State lands specifically regulated otherwise by the various
28 State agencies.
29 Section 4. Recreational mineral prospecting.
30 (a) General rule.--No individual shall be required to obtain
20040H2507B3645 - 3 -
1 a professional license in order to engage in recreational
2 mineral prospecting.
3 (b) Regulated activities.--
4 (1) A prospector shall conserve and preserve the ecology
5 of the prospecting site, including leaving behind no trash or
6 human wastes, and may not interfere with other approved
7 activities taking place in the stream.
8 (2) An individual may engage in recreational mineral
9 prospecting on Commonwealth-owned lands approved by the
10 department relative to times and locations.
11 (3) An individual may engage in recreational mineral
12 prospecting only with a class of equipment approved by the
13 department. Recreational suction dredges shall be limited to
14 a suction nozzle diameter of four inches or less.
15 (4) The use of suction dredging for recreational mineral
16 prospecting may be permitted by the department only in
17 approved stream segments.
18 (5) No prospector may engage in stream damming or
19 channeling while engaged in recreational mineral prospecting
20 and may not impair fish passage in the stream.
21 (6) A prospector shall control stream turbidity so that
22 no measurable sedimentation occurs beyond 250 feet downstream
23 from the recreational mineral prospecting site.
24 (7) With the exception of the allowed dredges, a
25 prospector may not use motorized equipment to move boulders
26 or excavate a recreational mineral prospecting site without a
27 permit from the department.
28 (8) A prospector may not disturb incubating fish eggs or
29 fry, and, if inadvertently encountered, all recreational
30 mineral prospecting shall cease. No further recreational
20040H2507B3645 - 4 -
1 mineral prospecting may proceed in that area untill all eggs
2 or fry have emerged from the gravel.
3 (9) A prospector engaged in dredging underwater shall
4 have an associate nearby monitoring that prospector's safety.
5 (10) No prospector may engage in recreational mineral
6 prospecting on private property without written permission
7 documenting approved access to the property by the owner.
8 (11) A prospector who discovers a Native American or
9 historical artifact during recreational mineral prospecting
10 shall deliver the artifact to the department and shall not
11 have any ownership right or interest in the artifact.
12 Section 5. Powers and duties of department.
13 The department shall adopt regulations as necessary to ensure
14 the proper implementation and enforcement of the provisions of
15 this act.
16 Section 6. Recreational Mineral Prospecting Technical Advisory
17 Committee.
18 (a) Establishment.--The Recreational Mineral Prospecting
19 Technical Advisory Committee is established within the
20 department.
21 (b) Composition.--The committee shall consist of nine
22 members, all of whom shall be appointed by the Governor in
23 consultation with the Secretary of Environmental Protection
24 within three months of the effective date of this section and
25 all of whom shall be residents of this Commonwealth. The members
26 shall be as follows:
27 (1) One member from the department.
28 (2) One member from the Department of Conservation and
29 Natural Resources.
30 (3) One member from the Pennsylvania Fish and Boat
20040H2507B3645 - 5 -
1 Commission.
2 (4) One member from the Pennsylvania Game Commission.
3 (5) Two members from a nationwide organization
4 representing recreational mineral prospectors.
5 (6) One member representing the Mineralogical Clubs of
6 Pennsylvania.
7 (7) The chairman of the Environmental Resources and
8 Energy Committee of the Senate and the chairman of the
9 Environmental Resources and Energy Committee of the House of
10 Representatives.
11 (c) Alternate members.--One alternate member shall be
12 appointed by the Governor for each member. The alternate member
13 shall take the place of the respective appointed member whenever
14 the appointed member is unable to attend an official meeting.
15 (d) Term.--A member of the committee shall serve for a
16 period of three years. All vacancies shall be filled for the
17 remainder of the unexpired term in the same manner as the
18 original appointment to provide consistent representation of the
19 State agencies and other interested organizations. A member,
20 upon expiration of the term, shall continue to hold office until
21 a successor is appointed.
22 (e) Chairperson.--The committee shall appoint a chairperson.
23 (f) Expenses.--Committee members shall not receive a salary
24 but shall be reimbursed for all necessary expenses incurred in
25 the performance of their duties. An alternate member may not be
26 reimbursed unless serving in place of the appointed member.
27 (g) Meetings.--All actions of the committee shall be by
28 majority vote of the appointed members or alternate members
29 present. A quorum shall be at least one more than half of the
30 number of committee members; however, vacancies shall not be
20040H2507B3645 - 6 -
1 counted when calculating the number needed for a quorum. The
2 committee shall meet upon the call of the Governor, the call of
3 the chairperson or upon request of a majority of committee
4 members but not less than semiannually to carry out the duties
5 of this act. The department shall provide clerical and technical
6 support as the committee may reasonably require.
7 (h) Review of regulations.--The department shall submit to
8 the committee for review and comment all proposed regulations
9 developed under this act and all regulations prior to their
10 submission to the board for initial consideration. The written
11 comments of the committee shall be presented to the board with
12 any regulatory proposal.
13 Section 7. Effective date.
14 This act shall take effect in 60 days.
B26L52DMS/20040H2507B3645 - 7 -