ABSTRACT
Any major change in existing law will have to confront two million existing mining claims that have been recorded with the Bureau of Land Management.1 These claims could theoretically cover up to 272 million acres o f federal land,2 although the actual amount is undoubtedly less. Determining how much less would require, how ever, the patience o f Job and the longevity o f Methusaleh.3 Never theless, it is reasonable to assume that existing claims generally blanket known areas o f substantial mineral potential, and thus are likely to contain most o f the promising areas for future develop ment. Indeed, industry spokespersons conceded that assumption decades ago.4 Some existing claims are undoubtedly abusive, fur nishing the cover for nonmineral occupancies. A substantial number o f existing claims may be found in national parks, wilderness areas, and other areas now closed to the Mining Law or where its oper ation is highly restricted, such claims having been located before withdrawal or despite the restrictions. Their development would usually threaten the resources that led to the adoption o f protective measures. For all o f these reasons, the handling o f existing claims is among the most important issues in any effort to fashion legislative reform.
