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Secretary Ickes' views 10 years later__

263

Report of the subcommittee chairman to House Public Lands___
The law of mines and the freedom of the miner (by T. A. Rickard)
Zonal distribution of gold, silver, lead, and copper ores in Idaho_.
Gold veins of sundry areas in the Idaho batholith (by Francis A. Thom-
son)
National forest wilderness areas.

267

273

385

287

292

Supplemental report on the primitive and roadless areas in national forests

295

LIST OF THOSE ATTENDING THE CONFERENCE

Arnold, LeRoy D., Director of Forestry, United States Indian Service, Washing-
ton, D. C.

Bellows, H. A., mine owner, Armstrong Hotel, Spokane, Wash.
Billings, Roger W., Diamond Match Co., box 575, Newport, Wash.

Clarke, Don W., director of game, State game department, 509 Fairview Street,
Seattle, Wash.

Clark, Thomas T., vice president, Umpqua Plywood Corp., 1109 West First
Street, Roseburg, Oreg.

Callahan, Donald A., president, Callahan Consolidated Mining Co., Wallace,
Idaho.

Calvin, O. B., Deer Park Pine Industry, Deer Park, Wash.

Campbell, Walter N., geologist, Thomas Consolidated Mines, Spokane, Wash.
Cavanagh, Dan J., Twin Falls, Idaho.

DeSouza, J. W., Oregon State Highway Commission, Salem, Oreg.

Drake, Merle L., Idaho Wool Growers Association, Challis, Idaho.

Eby, J. H., mining engineer, Spokane, Wash.

Edgerton, E. Ralph, Great West Life Assurance Co., Mohawk Building, Spokane
8, Wash.

Elder, Robert H., attorney, Potlatch Forests Inc., Coeur d'Alene, Idaho.
Folts, Mert, 350 Fairway Loop, Eugene, Oreg.

Goldy, Daniel L., regional administrator, Bureau of Land Management, Portland,
Oreg.

Gray, C. A., president, Tri-County Mining Association, Box 1805, Spokane, Wash.
Gyde, James E., lawyer, Bunker Hill, Wallace, Idaho.

Glover, Sheldon L., Washington State Division of Mines and Geology, Olympia,
Wash.

Hammerand, V. F., geologist, Bunker Hill & Sullivan, Kellogg, Idaho.
Hunter, C. H., president, Merger Mines Corp., Coeur d'Alene, Idaho.

Hatton, Elton M., mineral examiner, Bureau of Land Management, Portland,
Oreg.

Hankins, Morris, attorney, United States Department of Agriculture, Office of
Solicitor, Missoula, Mont.

Harmon, R. U., United States Forest Service, Missoula, Mont.

Hardy, Robert M., Jr., assistant treasurer, Sunshine Mining Co., Kellogg, Idaho.
Jewett, G. F., Potlatch Forests, Inc., Coeur d'Alene, Idaho.

Keith, Lyle, attorney, Spokane, Wash.

Link, John E., State of Washington Division of Forestry, Colville, Wash.

Libby, F. W., director, Oregon Department of Geology and Mining, Portland,
Oreg.

Landstrom, Karl S., agricultural economist, Bureau of Land Management, Port-
land, Oreg.

Luedke, Frank J., president, Highland Surprise Consolidated Mining Co., Spo-
kane, Wash.

McHugh, George Andrew, manager, J. R. Simplot Co., Pocatello, Idaho..
Marr, Frank N., Spokane Chamber of Commerce, Spokane, Wash.
McConnell, Roger H., chief geologist, Bunker Hill & Sullivan, Kellogg, Idaho.
Murray, T. B., director, Idaho Fish and Game Department, Boise, Idaho.
Marsh, Harry W., secretary, Idaho Mining Association, Boise, Idaho.
Meigs, Robert C., Washington State Game Department, Seattle, Wash.
Melrose, J. W., geologist, Milwaukee Road, 15 Union Station, Spokane, Wash.
Messer, E. A., resident engineer, Alcoa Mining Co., Hillsboro, Oreg.
Nedry, Britt, publisher, Kootenai County Leader, Coeur d'Alene, Idaho.
Naff, Claud L., county commissioner, Colville, Wash.

ILLUSTRATIONS

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CONFERENCE ON REVISION OF UNITED STATES
MINING LAWS

The chairman of the Public Lands Committee appointed me as chairman of a subcommittee under provisions of House Resolution 66 to make certain studies with reference to public lands. Pursuant to that authority I attended a conference on revision of mining laws, caused to be assembled the following data, and caused the taking of testimony and proceedings which are hereinafter included. COMPTON I. WHITE,

Hon. COMPTON I. WHITE,

House of Representatives.

Member of Congress.

DEPARTMENT OF THE INTERIOR,

BUREAU OF LAND MANAGEMENT,

Washington 25, D. C., August 1, 1949.

MY DEAR MR. WHITE: For several months various people within the Department of the Interior have been considering the desirability of some revision of the United States mining laws. This matter has been considered in a general way with the National Minerals Advisory Council, an advisory group set up by the Department and composed of leading members of the mining industry. It has also been considered by the Department's Advisory Committee on Conservation. The matter has been brought up from time to time in the House Committee on Public Lands and the Senate Committee on Interior and Insular Affairs. The statement has been made several times that some basic revisions of the mining laws should be considered. The moratoria on assessment work have given particular emphasis to the possibility of some revision of the mining laws.

Any revision of the present mining laws is a matter which concerns a great many groups, and which deserves very careful consideration from many points of view. Not only is the mining industry affected but so are also the conservation and recreation groups, the livestock industry, the forestry groups, and others. I am sure that many individual groups will want to be heard on any legislation that might be proposed, and I am sure that many constructive suggestions could come from such groups.

In order to provide a basis for stimulating such discussion, and for getting various possibilities crystallized into more or less definite proposals, we have prepared a statement entitled "Revisions of the United States Mining Laws," which includes a number of appendixes on related materials. A copy of this statement is enclosed. Distribution is made to members of the House and Senate committees most directly concerned as well as to various individuals and groups in the mining, conservation, livestock, and forestry fields. This statement is intended for discussion purposes only. It does not advocate specific legislation, although one of the appendixes is a draft bill which includes some of the suggestions that have been made. The Department has not yet reached a final decision on many of the matters discussed in this statement, and wants to be free to accept or reject any ideas which may be offered. At the same time we thought our consideration of it has proceeded to the point where the ideas set forth in the enclosed statement deserve serious consideration by all groups involved. We shall be happy to discuss this matter with you at any time.

Sincerely yours,

ROSCOE E. BELL, Associate Director.

1

PROPOSED REVISION OF THE UNITED STATES MINING LAWS

A STATEMENT INCLUDING CERTAIN APPENDIXES PREPARED BY THE BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR, FOR THE PURPOSE OF STIMULATING DISCUSSION AND CONSIDERATION OF THIS IMPORTANT MATTER

WHY CONSIDER REVISION OF MINING LAWS

The first question is, Why consider revision of the United States mining laws? Are they not working satisfactorily in their present form?

The present laws need revisions for three reasons:

1. They retard mining development on Government lands.

2. They interfere with other legitimate and desirable uses of Government lands.

3. They permit unauthorized uses of Government lands in the guise of mining locations.

HOW PRESENT MINING LAWS RETARD MINERAL DEVELOPMENT ON THE PUBLIC LAND

The present mining laws retard mineral development on the public land in several ways, as follows:

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1. No legal protection to subsurface exploration. The present mining laws require a valid discovery of mineral sufficient to justify a prudent man to invest further of his time and money, in order that the mining claim be valid. It is often impossible to get a valid discovery particularly for diffused low-grade deposits. No company wants to invest large sums in geological or geophysical exploration when their legal rights to the land are uncertain. Major future mining developments may well come largely in this way, and it is essential for mining development in the West that this type of exploration be encouraged.

Possible solution.-An amendment to the mining law permitting subsurface exploration under permit for a limited period of time without discovery. At the close of the time period, either discovery would have been made and the claim then proceed in the usual way or relinquished, except, perhaps, for short-term renewals of the claim. (S. 1793 contains similar provisions.) 2. No requirement of development of mining claims. Under the present mining law, claims can be held indefinitely with no real development of the presumed minerals. Moratoria have been granted on assessment work in 15 of the past 17 years. Even when performed, assessment work is trifling in amount and often useless.

Possible solutions.-(1) Grant no more moratoria on assessment work; (2) restore the original intent of the mining laws by requiring $300 or $500 worth of work annually—a real amount of work comparable to what $100 was in 1872 when the present requirement was established; (3) require an increase in the amount of annual assessment work if patent not applied for within 5 years.

3. Monopolization of prospective mineral areas is possible.-Under present mining law, one person can, and many persons do, hold dozens or even hundreds of mining claims, doing little or no work on the claims themselves and preventing others from developing them. This is a dog-in-the-manger attitude which greatly retards mining development in the West. Persons who might develop likely areas are denied access to them.

Possible solutions.-(1) See those listed under 2 above; (2) the Hoover Commission task force suggested that mining claims be patented within 3 years or relinquished.

4. Title to minerals area is frequently in doubt.-The present mining laws allow the holding of an unpatented claim for an indefinite period of years, so long as the necessary assessment work is performed. If an adequate discovery was made, the claim is thus valid. However, the system of recording these claims in county offices varies from State to State. In many instances it is impossible to determine who claims what and how valid any claims are. Anyone seeking to locate an area is always faced with the possibility of extended lawsuits from prior claimants, and this possibility may be sufficient to discourage his development of the area. The moratoria on assessment work in recent years has magnified this problem.

Possible solutions.-(1) Require recordation of mining claim location and of annual assessment work at the district land office; (2) declare invalid all claims not so recorded within a reasonable time so as to clear title to

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