ABSTRACT
Considered in the abstract, nearly all of the multifarious problems associated with the Mining Law could be solved by a leasing system that provides for prospecting or exploration permits covering substantial acreage. Pre-discovery protection could be achieved by making such permits exclusive. Diligent exploration could be promoted by limiting the permit to a reasonable term and guaranteeing the permittee at least the right of first refusal to a lease, if not the lease itself, upon demonstrating the existence of a valuable deposit. A rental or royalty charge could help compensate for the loss of other values and resources of the lands. Site-specific measures to protect the environment could be included as conditions in the permit or lease. Abuses could be much more easily controlled by denial of permits or leases to unqualified persons and, concomitantly, by simplifying the procedures for ejecting spurious occupants.
