ABSTRACT

Considered in the abstract, nearly all o f the multifarious problems associated with the Mining Law could be solved by a leasing system that provides for prospecting or exploration permits covering sub­ stantial acreage. Pre-discovery protection could be achieved by making such permits exclusive. Diligent exploration could be pro­ moted by limiting the permit to a reasonable term and guaran­ teeing the permittee at least the right o f first refusal to a lease, if not the lease itself, upon demonstrating the existence o f a valuable deposit. A rental or royalty charge could help compensate for the loss o f other values and resources o f 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 o f permits or leases to unqualified persons and, con­ comitantly, by simplifying the procedures for ejecting spurious occupants.