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Show open without charge for nonexclusive exploration which does not require significant surface disturbance. However, we also conclude that different conditions should prevail if the prospector desires an exclusive right, or if heavy equipment is to be used that will result in significant disturbances of the surface. Perfecting A Claim Recommendation 48: Whether a prospector has done preliminary exploration work or not, he should, by giving written notice to the appropriate Federal land management agency, obtain an exclusive right to explore a claim of sufficient size to permit the use of advanced methods of exploration. As a means of assuring exploration, reasonable rentals should be charged for such claims, but actual expenditures for exploration and development work should be credited against the rentals. Upon receipt of the notice of location, a permit should be issued to the claimholder, including measures specifically authorized by statute necessary to maintain the quality of the environment, together with the type of rehabilitation that is required. When the claimholder is satisfied that he has discovered a commercially mineable deposit, he should obtain firm development and production rights by entering into a contract with the United States to satisfy specified work or investment requirements over a reasonable period of time. When a claimholder begins to produce and market minerals, he should have the right to obtain a patent only to the mineral deposit, along with the right to utilize surface for production. He should have the option of acquiring title or lease to surface upon payment of market value. Patent fees should be increased and equitable royalties should be paid to the United States on all minerals produced and marketed whether before or after patent. As indicated above, the General Mining Law provides inadequate protection to the explorer until he has made a discovery of a valuable mineral deposit. Throughout his prediscovery prospecting effort, he is subject to adverse actions by Federal land managers allocating the land for other uses such as withdrawals from mineral entry for an administrative site. With regard to third parties, he is protected only to the extent that he can prove the area was in his actual possession, which may be difficult under pre-126 vailing legal concepts.7 This approach is inadequate for a typical exploration effort today because an area large enough to warrant the expenditures for modern technological methods will nearly always be much larger than that which can be held effectively in actual possession. As we have noted, Federal policy should invite mineral exploration in order to encourage future mineral discoveries. Unlike the present Mining Law, claims should conform to public land subdivisions in all cases. In many cases, mining claim descriptions under existing law are totally inadequate to permit Federal agencies or other interested persons to find them on the ground. The locator of a mining claim on public land records his claim under state law, usually with a county recorder. Federal land agencies often have no knowledge of his activities unless he applies for a patent. In our view, this is not consistent with sound land management. We do not favor any change in the title consequences which flow from recorda-tion under state law. However, we do recommend that locators be required to give written notice of their claims to the appropriate Federal land agency within a reasonable time after location. This ordinarily could be accomplished simply by mailing a copy of the documents filed with the county recorder. So-called assessment or performance work is required under present law only to prevent third parties from preempting a claim and to obtain a patent.8 To prevent speculation and assure diligent effort, an explorer should be required to pay rental, subject to offsetting credits for the actual performance work completed. Terms of Exploration Permit Congress should: (a) establish the maximum size of an individual exclusive exploration right and the aggregate acreage held by one person; (b) specify the period of time for which that exploration right is granted; and (c) establish performance requirements designed to assure diligent exploration as a condition of retaining or renewing the exploration right. Maximum sizes for claims and other holdings will avoid monopolistic tendencies in the operation of this system. If exclusive rights are to be conferred on prospectors, restrictions designed to assure maximum ex- 7 For a discussion of prediscovery rights, the doctrine of "discovery," and possessory rights of mining claim locators, see University of Arizona and Twitty, Sievwright & Mills, Nonfuel Minerals. PLLRC Study Report, 1970. Vol. II, Chapters 8-14. sSee30U.S.C. §28 (1964). |