True - Wilderness Act of 1964, Sec. 4 (d)(3) in particular - I won't bother to post it again.
Section 4 (d)(2) does allow 'prospecting', but I believe we'd all agree this exclusion has to do with potential large scale future strategic discoveries that need to be initiated by the Secretary of the Interior and would require an Act of Congress to pursue. Obviously, something like this would likely take years of debate and political intrigue.
Sure, a jackass prospector can probably get away with taking pan samples and breaking a rock here and there inside the Superstition Wilderness ... but to what end?
Prospecting and mining are two different things. Prospecting is basically: Searching For & Mining is: extracting the minerals.
They allow prospecting to "GATHER
INFORMATION ON MINERALS" They do not allow extraction.
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Tonto National Forest - Special Places
PROSPECTING
Prospecting is the
gathering of information on mineral resources. Prospecting is allowed within a designated Wilderness Area, but
an approved Plan of Operations is required. No person can acquire any right of interest to mineral resources discovered by prospecting or other information-gathering activity. Extraction of minerals (except a small grab sample) is a type of mining, and must comply with all related laws and regulations; see "Mining" below. If the search is for precious worked metal or other treasure, see "Treasure Trove Hunting" below.
GOLD PANNING
This category includes panning, sluicing, or dredging wet or dry material. If any mineral is extracted by this activity (for recreation and/or profit), it is a type of mining; see "Mining" above.
If mineral is not extracted, this activity would be a type of prospecting; see "Prospecting" above.
MINING
Mining is any activity that attempts to extract minerals (which are valuable and locatable) from their natural setting. No mining of any type (whether for recreation and/or profit) is allowed except with an approved Notice of Intent and/or Plan of Operations for activity on a legal claim with valid existing rights. New mining claims can no longer be filed on designated Wilderness Areas. The Wilderness Act of 1964 allowed mining claims to be filed until January 1, 1984, at which time all Wilderness Areas were closed to new mineral entry. Subsequently- designated Wilderness Areas were
closed to mineral entry upon enactment of the law creating them
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Wilderness.net - 1964 Wilderness Act
PROHIBITION OF CERTAIN USES
(c) Except as specifically provided for in this Act, and subject to existing private rights, there shall be
no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.
(2) Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting,
for the purpose of gathering information about mineral or other resources,
STATE AND PRIVATE LANDS WITHIN WILDERNESS AREAS
Sec. 5. (a) In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas designated by this Act as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State-owned or privately owned land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of Agriculture: Provided, however, That the United States shall
not transfer to a state or private owner
any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land.
(b) In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness area, the Secretary of Agriculture shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated.
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