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 -