Estimated number of unpatented mining claims on the national forests (as of Jan. Patented mining claims on the national forests (as of Jan. 1, 1952) Chairman, Committee on Interior and Insular Affairs, MY DEAR MR. CHAIRMAN: This is in reply to the request from your committee for the views of the Bureau of the Budget with respect to S. 687, to authorize the Secretary of Agriculture to protect the timber and other surface values of lands within the national forests, and for other purposes, and S. 1713, to amend the act of July 31, 1947 (61 Stat. 681), and the mining laws to provide for multiple use of the surface of the same tracts of the pyblic lands, and for other purposes. It is our understanding that S. 1713 supersedes S. 687, therefore, our remarks are directed to S. 1713. This bill would remove common varieties of sand, stone, gravel, pumicite, and cinders from the purview of the United States mining laws and make them subject to disposal only under the provisions of the so-called Materials Act of July 31, 1947 (61 Stat. 681). Disposal of such materials would be by the Secretary of Agriculture for lands under his jurisdiction and by the Secretary of the Interior for other public lands. Mining claims located after enactment of the bill could not, prior to patent, be used for other than mining purposes and such locations would be subject to the right of the United States to manage and dispose of the vegetative surface resources, to manage other surface resources (except minerals subject to location under the United States mining laws) and to use so much of the surface as necessary for such purposes or for access to adjacent lands. However, any use of the surface by the United States, its permittees and licensees, must not endanger or materially interfere with mining uses. Locators of mining claims could not use surface resources subject to management and disposal by the United States except to the extent required for mining purposes, and any timber cut for such purposes, except for clearance, must be in accordance with sound principles of forest management. Upon issuance of a patent the owner of the claim would receive the same title to the land, including timber if any, as he would under existing law. The bill would set forth a procedure whereby the Secretary of the Interior shall, at the request of the Federal Department having the responsibility for administering the surface of the lands, initiate action for a determination of surface rights. Under this procedure, a holder of a claim located prior to enactment of this bill I could assert and establish his rights in the lands covered by his claim, and such claim would be unaffected by the proceeding. If the claimant fails to establish his rights, or fails to assert his rights, or if he voluntarily waives his rights to the surface, he will be in the same position as a holder of a claim located after enactment of the bill. It is our understanding that general agreement has been reached among the mining industry, some conservation groups, and the Federal agencies concerned, and that this general agreement is reflected in the provisions of the bill, which would be of material aid in the management of public lands and their resources in the future. This Bureau would have no objection to the enactment of S. 1713. DONALD R. BELCHER, CHANGES IN EXISTING LAW In compliance with the Cordon rule (subsec. (4) of rule XXIX of the Standing Rules of the Senate), changes in existing law made by the bill, S. 1713, as reported, are shown as follows (existing law proposed to be repealed is enclosed in black brackets, additions to existing law are italicized; existing law in which no change is proposed is shown in roman): SECTION 1 OF THE ACT OF JULY 31, 1947 (61 STAT. 681) [That the Secretary of the Interior, under such rules and regulations as he may prescribe, may dispose of materials including but not limited to sand, stone, gravel, yucca, manzanita, mesquite, cactus, common clay, and timber or other forest products, on public lands of the United States if the disposal of such materials (1) is not otherwise expressly authorized by law, including the United States mining laws, (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this Act and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any person, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this Act, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under this Act only with the consent of such Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this Act shall be construed to apply to lands in any national forest, national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians.] The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, if the disposal of such mineral or vegetative materials (1) is not otherwise expressly authorized by law, including the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this Act and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any person, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this Act, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department headed by the Secretary or of a State, Territory, county, municipality, water district, or other local governmental subdivision of agency, the Secretary may make disposals under this Act only with the consent of such other Federal department or agency or of such State, Territory, or local governmental unit. Nothing in this Act shall be construed to apply to lands in any national park, or national monument or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians. As used in this Act, the word "Secretary" means the Secretary of the Interior except that it means the Secretary of Agriculture where the lands involved are administered by him for national forest purposes or for the purposes of title III of the Bankhead-Jones Farm Tenant Act or where withdrawn for the purpose of any other function of the Department of Agriculture. SECTION 3 OF THE ACT OF JULY 31, 1947 (61 STAT. 681), AS AMENDED BY THE ACT OF AUGUST 31, 1950 (64 STAT. 571) [SEC. 3. All moneys received from the disposal of materials under this Act shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys received from the disposal of materials from school section lands in Alaska, reserved under section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. 353), shall be set apart as separate and permanent funds in the Territorial Treasury as provided for income derived from said school section lands pursuant to said Act.] All moneys received from the dispoal of materials under this Act shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys received from the disposal of materials by the Secretary of Agriculture shall be disposed of in the same manner as other moneys received by the Department of Agriculture from the administration of the lands from which the disposal of materials is made, and except that moneys received from the disposal of materials from school section lands in Alaska, reserved under section 1 of the Act of March 4, 1915 (38 Stat. 1214), shall be set apart as separate and permanent funds in the Territorial treasury, as provided for income derived from said school section lands pursuant to said Act. INDIVIDUAL VIEWS OF SENATOR RICHARD L. NEUBERGER, OF OREGON I have joined in the committee's report on S. 1713, which I believe makes some long-needed improvements in public-land administration in areas where prospecting is prevalent. I want to make it clear, however, that in my own view the bill fails to go far enough and should not be mistaken for a permanent solution to the problems of the multiple use of the surface and subsurface of the public lands. This bill fails to correct one glaring defect in the mining laws. It will still be legal, by proving a mining patent to public land, to convert to commercial gain the timber growing on that land-even though the timber has no relation to the mineral deposits, the discovery and development of which are the justification of the patent. The committee report recognizes that this practice is against the public interest and deters sound conservation practices, and that in a number of national forests the separation of surface rights from mineral rights has by law been extended to mining patents as well as mining claims. I believe this loophole should be closed by general legislation for all federally owned timberlands. RICHARD L. NEUBERGER. 177 |