KELLOGG, IDAHO, March 12, 1958. Hon. FRANK CHURCH, Senator from Idaho, Washington, D. O. DEAR SENATOR CHURCH: The holders of mining claims, particularly the prospectors all over the district are mighty pleased with your efforts to secure the change in the date for the performance of the annual labor on unpatented mining claims from July 1 to October 1. Some of these claims are back in the hills and at elevations where it is impossible to get into before the 1st of July. Also, due to economic conditions in the mining district at this time, it would be of great benefit to us should the assessment work be suspended this year with only a declaration of intention to hold to be filed. With very best wishes, I am, Sincerely, ALBERT M. NASH. IDAHO MINING ASSOCIATION, Boise, Idaho, February 26, 1958. Hon. FRANK CHURCH, Senator from Idaho, Washington, D. C. DEAR SENATOR CHURCH: At the Sun Valley meeting, July 15 and 16, 1957, a resolution was adopted which instructed Mr. Wallace G. Woolf, president of the Idaho Mining Association, to appoint a committee consisting of representatives from the following professions; law, mining, and geology, with instructions to make a study and report their findings. The committee's report is enclosed. Of recent date, two State supreme courts have rendered opposite opinions on the use of the new scientific methods of discovery. The Wyoming Supreme Court says it is unlawful to claim discovery by geiger counters. The Utah Supreme Court has recently held that there can be legal discovery by geiger counters. (Rummell v. Bailey (320 Pac. (2d) 653)). With this difference of opinion by the two State supreme courts, it all the more justifies an act of Congress such that has been suggested and set up in section I, of the proposed act. The officers and directors of the Idaho Mining Association have instructed their secretary to circulate to our members of Congress, western governors, and all the mining associations, the committee's report. This office would appreciate hearing any comments you may care to make regarding this proposed act. Yours very truly, HARRY W. MARSH, Secretary. REPORT OF COMMITTEE ON MINING CLAIM LAWS IDAHO MINING ASSOCIATION, Wallace, Idaho, February 27, 1958. Mr. WALLACE G. WOOLF, President, Idaho Mining Association, DEAR MR. WOOLF: We, your committee, appointed pursuant to a resolution passed by the Idaho Mining Association at its meeting at Sun Valley, Idaho, on July 14, 1957, recommending you appoint a committee consisting of representatives of the following professions: law, mining and geology, with instructions to make a study and report on the extent to which the cost of modern geophysical and geochemical techniques and other scientific advancements may be applied to location work, annual assessment, and expenditures required for patents and the feasibility of amending the mineral laws to provide for the same, report as follows: Attached hereto are our recommendations and suggestions for changes in and additions to the mining laws of the United States relative to the above subject matter. While we have placed these in the form of a congressional act we are not certain whether all the changes should be contained in a bill already introduced such as Senator Bible's S. 2039 or that they should be embodied in one act or more than one act. This is a matter that can easily be determined by the draftsmen of the competent congressional committee. We have the following suggestions with regard to the attached recommendations labeled "An Act": Section 1. Discovery: The purpose of this section is to enable a prospector to make a discovery by the use of the most modern means. We believe this provision should be enacted into law to meet the situation created by a case decided by the Supreme Court of Wyoming on Nevember 19, 1957; in the case of Globe Mining Company v. Anderson (reported in 318 Pac. 2d 373), the court held a legal discovery could not be had from the readings of electrical instruments such as scintillation and geiger counters. There has become embodied in the law relating to discovery a general rule that to constitute a valuable discovery upon a claim for which patent is sought there must be actually and physically exposed within the limits thereof mineral bearing rock in place possessing within itself a present or prospective value for mining purposes, and usually it is held that to constitute a discovery of a lode claim minerals must have been found in place and the evidence be of such a character that a person of ordinary prudence would have been justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine. It will be noted that under the proposed section the new method of discovery permitted by it will hold a claim for only 5 years and a relocation using the new method will not be permitted. The purpose of these provisions is to prevent the tying up of properties for long periods of time without actual digging or drilling. Section 2. Application to annual labor: This section has been copied from Senator Bible's bill, S. 2039, and the Senate Committee Report No. 608, dated July 11, 1957, covers this portion of our proposal. Section 3. The filing of an affidavit or sworn statement: We appreciate that under the Federal law, the location, manner of recording and the location work required to hold a mining claim is left largely to the laws of the States, except only that the Act of Congress requires that not less than $100 worth of labor shall be performed or improvements made during each year. In this regard the abovementioned Senate committee report contains the following: "The committee, recognizing that abuses might be made by unscrupulous persons, strongly recommends that the Department of the Interior, through its public relations with the various State legislatures, urge such legislatures, in enactment of legislation effectuating this recognition of geological, geochemical, and geophysical surveys in the determination of ore bodies, and/or mineral deposits, shall clearly define the meaning of 'credited technicians' and 'generally recognized equipment and methods.' "It is further strongly recommended to the Department of the Interior that it shall, in its relationships with the States, impress upon the States that this new field of exploration, with rapidly developing concepts and that they should keep pace with developments in this field. "It is further suggested that the States may wish to amend existing laws, or enact new legislation dealing with the filing of affidavits as to the performance of annual assessment work which would take into consideration the new methods of prospecting delineated in this bill, and provide in such legislation a requirement that the mining claimant set forth the amount of work performed, the nature of the work performed, and the time in which performed. The enactment of such legislation by the States would prevent the filing of fraudulent statements." We believe that section 3 of the attached affords protection against some of the frauds that may be committed and we are further of the opinion that Congress has the right to place these protective restrictions around what constitutes a discovery and the performance of annual assessment work. Section 4. The application of the cost of a United States mineral survey to the $500 worth of work or improvements required before a patent can issue: We are of the opinion that it is to the interest of the mining industry and the United States to encourage United States mineral surveys and that the application of the cost of a mineral survey not only to the annual assessment work but to the labor or improvements required before a patent can issue will encourage the making of mineral surveys. This is accomplished, we believe, by section 4. So far as we know Idaho is the only State or Territory having a law authorizing the application of the cost of a patent survey to annual labor or assessment work (secs. 47-618 and 47-619, Idaho Code), but owing to the conflicting deci sions there is some doubt as to whether under the existing acts of Congress said act is legal. The history of this type of legislation is as follows: In 1915 the Territorial Legislature of Alaska passed an act permitting the application of the cost of a mineral survey to annual assessment work. In 1928 this statute was contested in the Federal courts in the case of Wigand v. Byrnes (24 Fed. 2d 179). The claim therein involved was a placer, the cost of the survey was $60, and the holder of the claim had done $40 worth of additional work. It was contended that the Alaska statute was contrary to the Federal statute and therefore void. The Circuit Court of Appeals for the Ninth Circuit upheld the Alaska statute and held that the cost of a patent survey was applicable to annual assessment work. The case was one that might be termed a "hardship" case and perhaps the holding is not applicable to the situations generally encountered. Later this matter was submitted to the Secretary of the Interior on two points: (1) Would the Department count as assessment work a patent survey? (2) Could the cost of a patent survey be applied upon the requirement of the expenditure of $500 in the case of an application for patent? On February 15, 1929, Secretary West ruled that the Department would not consider a patent survey as assessment work and would not count it is applicable to the expenditure of $500 on labor or improvements in the case of a patent application (52 L. D. 561). Section 5. Supplemental legislation by the States: As will be seen from the above-quoted portion of the committee report which had under consideration Senator Bible's bill, S. 2039, the various States are requested to supplement the Federal act, and we believe section 5 of the enclosed is consistent with the admonition of the committee. Respectfully submitted. HENRY L. DAY. AN ACT To clarify the requirements with respect to a discovery and the performance of laber as a condition of holding mining claims on Federal lands pending the issuance of patent therefor, and making applicable thereto the cost of a United States mineral suvey, and validating certain lode locations Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. That there be added to section 2320 of the Revised Statutes of the United States (30 U. S. C. 23) the following: "A discovery may be made as heretofore defined by law and subject to proper enactment by the legislatures of the respective States and Territories, as required in section 5 of this Act, a discovery may also be made by geological, geochemical, or geophysical surveys made by credited technicians employing generally recognized equipment and methods, or other recognized means of determining the existence, extent of concentration, or accessibility of minerals, but a discovery by this latter method shall not enable the claimant to hold a claim for more than five years from the date of discovery unless within said five years a discovery is made as heretofore defined by law. During or after the five-year period the locator, his heirs or assigns, cannot relocate the same ground except by making a discovery as heretofore defined by law." SEC. 2. That section 2324 of the Revised Statutes of the United States (30 U.S. C. 28) be amended by inserting immediately after the third sentence thereof the following new sentence: "The term 'labor', as used in the preceding sentence, shall include, but not be limited to, geological, geochemical, or geophysical surveys made by credited technicians employing generally recognized equipment and methods, or other recognized means of determining the existence, extent of concentration, or accessibility of minerals on the claim." SEC. 3. That before the geological, geochemical, or geophysical surveys or other recognized methods of determining the existence, extent of concentration, or accessibility of minerals shall apply to a discovery under section 2320 of the Revised Statutes of the United States (30 U. S. C. 23), or on annual labor or improvements under section 2324 of the Revised Statutes of the United States (30 U. S. C. 28), the owner of the claim, or someone on his behalf, shall file in the proper local recording office of the subdivision of the State or Territory where certificates of location and affidavits of the performance of annual labor are filed according to law, an affidavit or sworn statement of the locator, owner, or Such his or their agent, stating the date of such work, the length of time expended therein, the name and general qualifications of the credited technician who performed, or under whose direction and supervision it was performed, the equipment used, and the nature of the mineral believed to be in the claim. affidavit of performance may be a part of any certificate of or notice of location provided for by law. Such affidavit of performance of annual labor shall be filed within ninety days of the end of the assessment year. The creation of the rights provided for herein shall be based upon the truth of the statements contained in such affidavit or statement or the certificate of or notice of location provided for herein, and no rights of any kind or nature shall vest or exist or be created or arise when any material statement or representation therein made is false. SEC. 4. That there be added to section 2325 of the Revised Statutes of the United States (30 U. S. C. 29) the following: "That the cost of a United States mineral survey, including the cost of fieldwork, plat of survey, and field notes made by or under the direction of the Secretary of the Interior, shall be deemed and considered labor or improvements for the performance of annual labor under section 2324 of the Revised Statutes of the United States (30 U. S. C. 28) and under section 2325 of the Revised Statutes of the United States (30 U. S. C. 29).” SEC. 5. That the legislatures of the States and Territories are hereby authorized to enact legislation, not in conflict with this Act but supplementing the same, effectuating the recognition of geological, geochemical, or geophysical surveys, or other recognized means of determining the existence, extent of concentration, or accessibility of ore bodies and/or mineral deposits and permit said methods to be applied in lieu of any other location, or annual labor, or assessment work. CLEARWATER, MINES, INC., Spokane, Wash., March 6, 1958. Senator FRANK CHURCH, Washington, D. C. DEAR SENATOR CHURCH: Referring to the press notice in the Wallace Miner stating that you had introduced a bill in Congress to suspend mine assessment work for the year ending July 1958, and also change the period for doing assessment work on unpatented claims on August 15 instead of July 1. Our property, consisting of 6 unpatented claims and 12 patented, is situated in the extreme eastern section of Shoshone County, Idaho, near the State borderline of Montana. The property has been developed by more than 2,500 feet of tunnel work. The property is in an isolated section with no winter road facilities. Consequently when we were prepared to do assessment work the latter part of last June 1957, we found several feet of snow on our road, and had to go in on snowshoes. It would benefit us greatly if your efforts in passing your bill would be successful. Be assured that your efforts will be appreciated and remembered. Very truly yours, H. G. Loop, President. RARE METAL MINES, INC., Hon. FRANK CHURCH, United States Senate, Washington, D. C. DEAR SENATOR: I and my colleagues heartily endorse the two bills recently introduced by you and fellow Senators Alan Bible and James E. Murray suspending assessment work on unpatented mining claims for the current year, and for concluding the work on August 15, instead of July 1, as at present. Along with other members of the North West Mining Association, of which I was president at the time, we were instrumental in getting the date for concluding assessment work changed from January 1, to its present time of July 1, but the latter date is much better. I would like very much to have a copy of each bill. Yours most sincerely, ARTHUR L. HOOPER. BLACKWOOD, N. J., March 11, 1958. DEAR SIR: As I am the holder of some 14 mining claims in the State of Idaho, and have to travel nearly 3,000 miles yearly to do assessment work on said claims, I would like to take this time to thank you for the interest you are showing for the small miner and prospector. The bill you are trying to get passed whereby we would have a year's grace in performing our assessment work would surely help us tremendously, especially those of us who have to travel such long distances. It would surely give us a chance to acquire more capital from our wages, whereby we could make a larger progress in our effort to develop said claims, and perhaps give us a better chance in developing them to a point where we could get the capital to work them on a profitable scale. So in closing may I wish you success in your effort to pass this bill, and also I for one thank you sincerely for your effort, whether it is successful or not. Once again best wishes for your personal success, which I know would help us greatly. Thanking you, Senator FRANK CHURCH, Washington, D. C. CHARLES Ore. SUNNY PEAK MINING Co., DEAR SENATOR: Your bill to eliminate assessment work on claims this year and extend the due date for work to August 15 meets with my approval. Our company is an Idaho corporation with property in Montana and Washington. I am also interested in other properties in these three Northwest States. Yours very truly, DALE LAMPHERE. Mr. REDWINE. The first two witnesses this morning will address themselves largely to S. 3186. May we have S. 3186 and S. 3307 printed at this point in the record? Senator CHURCH. Yes. (S. 3186 and S. 3307 follow :) [S. 3186, 85th Cong., 2d sess.] A BILL To extend for one year certain programs established under the Domestic Tungsten, Asbestos, Fluorspar, and Columbium-Tantalum Production and Purchase Act of 1956 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Domestic Tungsten, Asbestos, Fluorspar, and Columbium-Tantalum Production and Purchase Act of 1956 is amended by inserting before the period a semicolon and the following: "except that the programs established under subsections (b) and (c) of section 2 shall terminate on December 31, 1959". [S. 3307, 85th Cong., 2d sess.] A BILL To reinstate certain terminated oil and gas leases Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the payment of the annual rental, which was due no later than September 3, 1957, but which was made on September 6, 1957, with respect to noncompetitive oil and gas leases Colorado 08830, 08861, and 08862 shall be deemed to have been compliance with the terms and provisions of those leases and of the Mineral Leasing Act of February 25, 1920, as amended (30 U. S. C., sec. 181 and the following), and those aforementioned leases which were automatically terminated for the failure to make timely payment of rental are hereby reinstated as of the date of that termination. |