Delete subsection (c)(a), (B) and (c). Subsection
(c)(3) is backwards since a claimant needs to be able

to rely on the location on the ground.
(d) Thirty days inadequate. Need 60 days.
(g) Is the Secretary the proper entity to adjudicate con-

flicting locations? This provision needs additional

thought and/or clarification. (h) Boundaries of mining class will not neet at center of

earth if they are vertical unless bill repeals lavs of solid geometry elsewhere. Suggest consideration of language contained in Townsite Act with regard to valid existing rights. Also, an exception to protect valid

existing extralateral rights should be added. Section 104 - chal kalatenango Reguirements. General Comment It is not clear when diligence paynents vill

cease. Diligence payments shouid continue only until orebody is in production. Provision should be made for clain relin

quishment.
(a) (2) Page 9, line 8, change word "nay" to "shall."

Need to be able to rely on deferral of development.
Clain maintenance should not be required while aine is

in production.
(b) There is no upper limit on maximum rental fee. A $1.00

fee would be consistent with existing practice for federal oil and gas. A $5.00 fee is excessive prior to reaching the production stage and is also excessive when considering the number of acres involved in devel

opnent of a hardrock mineral deposit.
(c) Diligent development expenditures should include legal

fees and other operating costs. List of diligent
development expenditures should include road building
and saintenance and earthwork.
Group diligence work should be an option and it is
recommended that on page 11, line 3, following the word
clain" add the words "applied to such contiguous
claims." This will ensure work would apply to noncon-
tiguous claims which are not grouped. "Contiguous"

shouid be a defined tern.
(c)(2) After "include," add "but not be limited to,".

(c) (2) (A) After word "survey" add words "including aerial sur

veys."

(c) (2) (B) Delete word "Bulk."

(C) (2) (C) Add "and drill pads."
(c) (2) (D) Include archeological studies.
(C) (3) Diligence expenditure requirements are unreasonable,

Suggest expenditures as follows (should be maximums and
not minimums):
$10 per acre years 1-5;
$15 per acre years 6-10;
$20 per acre years 11 and thereafter

All expenditures should have a carry forward position. (c) (4) Affidavit neod show only that claim holder complied

with requirements set forth in bill. The list of diligent development expenditures in bill should be only basis for Secretarial challenge. The meaning of

the term "beneficial nature" is questioned. (c) (5) five years is too long to keep records. (a) (2) Payment in lieu of diligent development is acceptable

only if allowed in certain years. Amounts should be identical to those specified in diligent development expenditure section. Lower amounts make it more condu

cive to speculate. (a) (3) Making an election to pay in lieu of work binding for

five years is anti-development and pro-speculation.
(a) (4) Page 14, line 5, should read "(E) (1)" instead of

"(g) (1)."
(e) (2) (A) The number of claims is irrelevant. It is a good

concept, but, there is no reason for a limitation.
(f) (2) Unnecessary to provide public notice. This would be a

horrible waste of taxpayer's money. A notation of the

master title plat shoulă be sufficient.
(9) Drafting is inconsistent with previous provisions.

Page 16, line 13 change word "procedures" to "regula-
tions."

(h) Need time limitation, tied to record retention require

ment, on Secretary's authority to conduct audits.

1

Bection 105 - Popeltid.

Penalties are totally out of proportion to listed
violations. A more proper penalty is forfeiture of
rights. civil penalties have no place in this legisla-

tion. Perjury is already a felony. Beation 106 - use of on-kining chain Lande.

Inadequate for intended purpose. Secretary has total
discretion. Guidelines must be "reasonable" and Secre-
tary "shall" prescribe guidelines rather than "may."
Page 18, line 17, should clarity that lands available
for milling and processing are lands "not claimed by
the holder." Delete "as otherwise provided for in this
Act" since no other provision is made.

Beation_108_- hinitation on Patant Iosyang.

(a) claim holder should have right to perfect existing

clain, receive patent and mine it under present system
if there is discovery. Effective date should be date
of enactment, not of introduction.
Government interest should be adequately protected by
allowing clain contests. Language in 1955 Act alini-

nating rights to vegetation woulā be a good model.

(b) Same comment as for Section 108(a). Bestion 110 xineral materials

The term "mineral material" needs to be defined.
Provides no protection for claim holders with valid
existing rights. "Uncommon* varieties should not be
eliminated.

Section 201 - surfigo kunagement Requirmentle

(a) Meaning of "minimize adverse environmental

impacts" unclear. Suggest Federal Land Policy and
Management Act standard of unnecessary and undue degra-

dation be adopted (section 302(b)).
(b) (1) Too many plans of operation required. Agencies will be

overwhelmed. (b) (2) (A) and (B) Change word "may" to "shall." Too much Sec

retarial discretion.

(b)(3) Secretary must be given time certain in which to ap

prove plans of operations. Current regulations mandate
30 days. Operation should be permitted by law if
agency fails to act. Provision should be made for

partial release of "financial guarantees."
(b)(4) and (5) Makes all other public land uses superior to min-

ing. Mining will be banned on all lands that have not been subject to land use planning. Prohibi

tion of mining is unsatisfactory.
(b) (6) It is unreasonable to deny the right to mine anywhere

because of a single violation.
(c) Seeks restoration; not reclamation. Sets extremely

high standards for reclamation with an enormous amount
of Secretarial discretion. Could require backfilling
of pits; a virtually impossible requirement.
Reclamation requirements are similar to those required
in coal mining under the surface mining control and
Reclamation Act and are inappropriate for hardrock
mining.
Hardrock mining requires management by "exception"
rather than by "rule."
on page 25, line 17, insert "their" after the word "by"

to clarify intent.
(c) (2) Listing of requirements unnecessary. Operator should

be allowed to proceed on basis of an approved plan of

operations.
(C) (2) (H) Must be deleted. More stringent than Superfund

requirenents.

leat192 292 - Inspection and Encorcerent,
(a) Would result in more than 500,000 inspections per year

(based on 1.2 million recorded mining claims). Is this

really necessary? Sone limitation is needed. (b), (c), and (a) Objectionable, but innocuous when viewed in

perspective of citizen suit provision. (e) citizen suits are completely objectionable and unneces

sary. will add unnecessary expense to mining operations.

gestion 203 - Lindore Plan

These provisions strike at the very heart of self-
initiation and cannot be supported. It is completely

and unalterably unacceptable.
(a) Meaning is not clear.
(b) Anend ad plans or completed plans should cone under

section 201 (b) (4) rather than 201(b) (5).
201(b) (4) Allows operations to continue while 201(b) (5)

authorizes prohibition.
(c) H.R.3866 contained protection where plans are incon-

plete. This language should be reinserted. section 204 - Lande Hot open to locatione

The amount of land removed from mining claim location by this provision is staggering. Thrust is to prohibit nining: not encourage. Closing lands which "may here

after be withdrawn" amounts to 100% of public land. section 205 Berings Classe

Non-preemption of state environmental laws will allow State and local governments to zone land uses on public lands. States should not have authority regulate mining claims. Pervasive reclamation requirements of bill leave no room for state discretion and such laws should be preempted. Should also exempt mines from Resource conservation and Recovery Act requirements to avoid duplication and inconsistency.

seation_col- Jurisdictione pollos functionne

Definition of Secretary should be transferred to Section 101. Opens the door to establishment of conflicting mining law policy: one by the Secretary of Agriculture, one by the Secretary of Interior,

sogtlon 402 - Osor teele

Fees are open ended.

This is objectionable.