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striction, which means that a real beginning can be made at once, and the 3 years will reflect a better period of trial than would be the case if the operation got under way more slowly, as was contemplated by the Senate at the time of the passage of the Senate bill.

Without further laboring the question, I merely wish to remind the Senate that the conference report is unanimous. The opinions of the conferees were by no means unanimous when we began the conference but the proposal marks, I think, a rather constructive working out of the ideas of the House and the ideas of the two groups within the Senate, who were striving to achieve something workable in this field, which would relieve Congress of some of the details while, at the same time, not releasing too greatly the powers or the responsibilities of Congress.

Mr. CASE. Mr. President, will the Senator yield?

Mr. HOLLAND. I am glad to yield to the Senator from South Dakota.

Mr. CASE. When the Senator from Florida is mentioning the difficulties and the labors of the committee of conference, I wish to pay tribute to the patience and diplomatic ability of the chairman of the Committee on Public Works, the distinguished Senator from Pennsylvania [Mr. MARTIN].

I think the Senator from Florida will agree with me that although the committee of conference began its work with many points of possible dispute and difference, it was in part, at least, due to the genial disposition, patience, and kindly attitude of the distinguished Senator from Pennsylvania that an agreement was reached.

Mr. HOLLAND. That is certainly true; and I may say that the same observation could be made of the distinguished Senator from South Dakota [Mr. CASE] and the chairman of the House group of conferees, who is also chairman of the Committee on Public Works of our sister body, who also had very definite convictions in the matter.

I think the entire conference was a constructive one, and that definitely useful results were accomplished. Certainly that is the hope and belief of all the conferees.

Mr. KUCHEL. Mr. President, when, approximately a year ago, the Committee on Public Works first began to grapple with the problems of formulating leasepurchase legislation, it studied as a point of departure the three ways by which a public agency acquires the necessary space in which to house its many activities.

The first is the outright purchase of property. That type of acquisition, Mr. President, has not been engaged in by the Government of the United

States for about a decade and a half. The reason, I think, is quite obvious. The fiscal situation and the difficulties, money-wise, which the Government has encountered in the past 15 years have prevented Congress from making appropriations for the construction of new buildings.

A second way in which space has been historically acquired by the Government has been upon a rental or a lease

basis. I think the members of the Com-
mittee on Public Works were consider-
ably impressed by the fact that there
have been instances when the Govern-
ment has paid rent on specific buildings
for as long as a half century. Obviously,
at the end of the 50 years, the Govern-
ment had nothing to show for its periodic
payments of money which had been
made. That, I think, has been a real
loss. Throughout such extended periods
of payment, no equity in the properties
has been created in the Goverment.

The third means by which the Govern-
ment can acquire the space necessary to
conduct its operations is through what
has been termed a lease-purchase con-
tract, an arrangement known to millions
of American families and individuals.
It is a method of purchase, by install-
ment payments, of the great majority of
homes in which the families of America
live.

So it seemed from the very beginning-and I think I can say that there was considerable agreement in the committee that Congress might well consider the adoption of a proper type of lease-purchase legislation, so that the Government would be able to acquire an equity in the property which it was using, by means of the installment payments, monthly or quarterly, of moneys necessary to continue the occupancy of the buildings.

But it seemed, also, that there appeared a considerable number of hazards in giving to any Federal agency a clear, untrammeled power to enter into leasepurchase agreements wholesale, across the entire breadth of the land. I think that from the very beginning the distinguished Senator from Pennsylvania [Mr. MARTIN], the able chairman of the Public Works Committee, and also the members of the committee from both sides of the aisle, were in firm agreement that Congress ought to reserve to itself, perhaps through the Committees on Public Works of the Senate and the House, some restrictions upon an otherwise untrammeled authority, which was evidenced in the bill as it came from the House of Representatives.

When the bill reached the floor of the
Senate, some Members in good faith
believed, for constitutional reasons or
reasons of policy, that there should be
no congressional restraints upon this
broad delegation of authority in the bill.
On the floor of the Senate the question
was debated whether Congress should
continue, as the bill indicated it would
continue, to maintain an authority over
the types of lease-purchase agreements
to be entered into, or whether, to the
contrary, it should, in wholesale fashion,
delegate the authority to enter into
lease-purchase agreements to the Gen-

eral Services Administration and the
Post Office Department?

The Senate demonstrated conclusive-
ly its views upon that question when,
by a vote of 60 to 8, it determined that
Congress, and the appropriate commit-
tees of Congress, should continue to
have, a responsibility to
have, a responsibility to determine
whether lease-purchase agreements
would be or would not be entered into.

That responsibility, in acceptable language, remains in the conference report.

The distinguished Senator from South Dakota [Mr. CASE], the able Senator from Delaware [Mr. WILLIAMS], and the distinguished Senator from Virginia [Mr. BYRD] recommended that contractual standards be written into the bill, and the members of the committee were happy to work with them in the preparation of the amendment along that line.

In addition to that, as the distinguished Senator from Florida [Mr. HOLLAND] has suggested, there is also in this proposed legislation the requirement that the Bureau of the Budget itself shall determine whether in each instance a proposed lease-purchase contract will fit into the pattern of things, moneywise, so far as the administration is concerned. We accomplished one more thing in which I think the people of the country will be interested. We wrote into the bill

the provision that, when payments are made by the Government to the individual who is constructing the building and selling it to the United States, and during the entire lifetime of the contract, ad valorem taxes will be paid not only to the community in which the building is located, but also to the county, and to the State as well, in a State where an ad valorem real property tax is in effect. I am a firm adherent to the doctrine that in lieu tax payments should be made by the Federal Government where the burden of large Federal holdings is imposed upon communities.

Until the time comes, and I hope it may be soon, Mr. President, when dwindling local tax bases will not face Federal governmental encroachment, the provisions of this bill will be helpful to the local taxpayer. Until Congress passes legislation to assist American cities as expanded Federal activities bite off great chunks from local tax rolls, we have here a good provision.

The average lease-purchase contract will run, I suppose, 10 years or more; and during that time the property involved will continue to support local government. Meanwhile, I believe broad gage enacted by the Congress. in-lieu tax legislation will have been

So I am confident that we may honestly say that in the proposed legislation, a forward step has been taken, and a modern technique of business has been given to the Federal agencies involved, to enable them to acquire necessary space to house the activities of the Government. This is the same basis of upto-date procedure which well-managed business employs.

I should like to comment briefly on one more aspect. The bill represents an arrangement which will remain in effect for three years. Out in the open for all those interested to observe, for all in the Government and out of the Government to scrutinize, a record will be made upon which it can then be determined whether this type of legislation should become permanent. If the General Administration Services and the Post Office Department move vigorously, I am sure we will learn before the trial period is over that this plan will solve

problems of governmental agencies as it does for individuals.

eral instances in which he contributed in great part to the improvement of the proposed legislation. I remember specifically the question whether the Congress should continue to control the decisions which would be made by the Government agencies, that it was his argument which went a long way in the Senate Committee on Public Works toward keeping before the committee the provision on that aspect which is now in the bill. I thank the Senator from Mississippi, along with my other colleagues, the distinguished chairman of the committee, the Senator from PennMr. STENNIS. Mr. President, will the sylvania [Mr. MARTIN], the Senator from Senator yield?

It is a fine thing for one such as I, a Member of the Senate for only a short time, to observe the processes by which a bill can be strengthened and safeguarded, all in the public interest, and which, when finally passed, presents to the agencies of the Government a new opportunity, by using good business judgment, to acquire in the towns and communities of America buildings which are necessary to enable the public business of the Government of the United States to be properly conducted.

Florida [Mr. HOLLAND], and the Senator

Mr. KÜCHEL. I yield to the Senator from South Dakota [Mr. CASE). All of from Mississippi.

Mr. STENNIS. For the record made on the bill, I think a Senator who is not a member of the conference committee should say a word of commendation for the very fine work which the members of that committee have done with reference to the bill. I am a member of the Senate Committee on Public Works, and I have confessed that the bill came to the floor of the Senate in such form that, after some of the defects were exposed, we did not have as much pride in it as we had theretofore.

This is one instance in which the junior Senator from Mississippi thinks a bill was greatly improved and strengthened on the Senate floor. The bill then went to the conference committee. I was not a member of that committee, but I did, as a substitute, attend one of its meetings in the beginning. It seemed like it was impossible for the members ever to reach a common basis of understanding as a result of which a bill could emerge, much less to have a unanimous report. Because of the very fine work of the competent men who composed the conference group, I think we now have before us a bill which is stronger than it was when it went to conference-stronger by farand which at the same time retains the principles and the substance contained in the amendments adopted by the Senate, which improved the bill as reported by the committee.

I think a word should be said about the fine work of the Senator from Virginia [Mr. BYRD]. The proposal made by him was a sound one and strengthened the bill, and time will prove the wisdom of his position. Other Senators joined, of course, in his proposal, but, with his usual thoroughness, he presented his proposal on the floor of the Senate, and it was accepted. As a result, I think the bill has been greatly strengthened.

I certainly hope time will prove, as has been stated by the Senator from California, that this arrangement will be an improvement over the old system. The bill presents great possibilities. Congress still has control.

I wish again to commend the conferees and all those who contributed to the provisions of the bill, and express the hope that it will be workable, sound legislation.

Mr. KUCHEL. I should like to say, in answer to the distinguished Senator from Mississippi, that I well recall sev

them deserve high praise for their diligent efforts, which resulted in an excellent piece of legislation.

As the Senator from Mississippi has suggested, other distinguished Members of the Senate who are not members of the committee should also be commended. I have in mind the senior Senator from Virginia [Mr. BYRD], who took part in making additional recommendations in the nature of safeguards so far as the public interest is concerned. Mr. LONG. Mr. President, will the Senator yield?

fornia, the distinguished Senator from Florida, and other Senators who worked on the bill very diligently, may know, I was somewhat concerned, because we were entering a new field, that legislation would be proposed which would prove to be ineffective.

I wish to say that I am greatly pleased with the conference report which has been returned. The bill provides the Government with an opportunity now to construct buildings throughout the Nation under lease-purchase contracts, and instead of paying rentals for literally hundreds of years, the Government, in a matter of years, will own the buildings. That is a program which is new. I think the committee is entitled to the thanks of the Congress and the people of the country. I am aware of the crosscurrents and concerns encountered during the writing of the proposed legislation.

I am happy to appear in the Senate this afternoon and express my delight and my sincere thanks to the members of the committee for the work they have done on the bill, because I know that in the future the Government will receive value for the money it spends for the buildings contemplated under the bill. I can speak from experience as a former Mr. KUCHEL. I yield to the Senator Governor of Kansas, where there is in from Louisiana.

Mr. LONG. I wish to congratulate the distinguished Senator from California [Mr. KUCHEL] for the fine work he has done on the bill, and also to commend the Senator from Florida [Mr. HOLLAND] for what he did, as well as to thank the other members of the committee and the other members of the committee and the conferees who have worked out the compromise which is now before the Senate.

It seems to me the conference succeeded in finding a device whereby the committees can very properly keep an eagle eye on the way the post-office leases are handled, in order to make sure that there will not be a repetition of the kind of scandals which took place under section 608 of the Housing Act. I think a very good device has been found under which Congress and the appropriate committees will have an opportunity to examine into the lease-purchase contracts, and make sure they are in the public interest when it is necessary that contracts be entered into for the construction of post offices.

Mr. KUCHEL. If I may for a moment speak for all my brethren on the committee, I wish to express our thanks for mittee, I wish to express our thanks for the comments which the Senator has made. And the Senator from Louisiana is completely right when he says the bill is in the public interest. The conference bill provides for a complete disclosure of all contracts for post offices and other governmental buildings which it is contemplated will be entered into by the two Government agencies.

operation a plan similar to the one now proposed for the Federal Government. I can inform the Senate that in Kansas the plan is working very well.

We are indebted to the chairman of the subcommittee, the Senator from California [Mr. KUCHEL], and to the chairman of the full committee.

Mr. KUCHEL. I am sure I speak for every member of the subcommittee and the full committee in expressing my thanks for the generous comments of the Senator.

The PRESIDING OFFICER. The question is on agreeing to the conference report.

The conference report was agreed to. Mr. MARTIN. Mr. President, following adoption of the conference report, I wish to express my appreciation of the excellent work done by the subcommittee having the bill under consideration. The bill has been considered for almost 1 year. It represents a complete departure from anything the United States Government has previously undertaken.

Personally, I think the bill provides sufficient safeguards, and that it will work to the advantage of the American people.

At this time I wish to thank the chairman of the subcommittee, the junior Senator from California [Mr. KUCHEL], and also the Senator from South Dakota [Mr. CASE], and the Senator from Florida [Mr. HOLLAND], all of whom devoted many hours and earnest efforts to

Mr. CARLSON. Mr. President, will the formulation of the bill. I also wish the Senator yield?

Mr. KUCHEL. I am happy to yield to the distinguished Senator from Kansas. Mr. CARLSON. I, too, wish to express my appreciation to the members on the Committee on Public Works, to the subcommittee, and to the conference committee, for the work they did on the bill. As the distinguished Senator from Cali

to thank the other Senators who, when the bill came to the floor of the Senate, helped work out the amendments and devoted a great deal of time and effort to their consideration. I also wish to express my profound appreciation and thanks to the Senate Members and also the House Members of the committee of conference. All of them worked dili

gently toward the sole end of preparing a bill which would contain proper safeguards and also provide for accomplishing the desired results.

Mr. President, at this time I wish to state that the Senator from Washington [Mr. MAGNUSON] was in opposition to the bill. If he were now on the floor, I believe he might wish to express his opposition to the bill. Last night he told me that at this time he would not do anything except express his opposition. In fairness to him, I think that statement should be made.

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The PRESIDING OFFICER (Mr. UpTON in the chair) laid before the Senate House Concurrent Resolution 251, which was read as follows:

Resolved by the House of Representatives (the Senate concurring), That in the enrollment of the bill H. R. 6342 entitled "An act to amend the Public Buildings Act of 1949 to authorize the Administrator of General Services to acquire title to real property and to provide for the construction of certain public buildings thereon by executing purchase contracts; to extend the authority of the Postmaster General to lease quarters for post-office purposes; and for other purposes," the Clerk of the House is authorized and directed to make the following corrections:

At the end of the matter inserted in lieu of that proposed by the amendment of the Senate numbered 1 insert a period in lieu of the semicolon.

In the matter inserted in lieu of that proposed by the amendment of the Senate numbered 5 insert quotation marks before each of the eight parenthetical numerals, and at the end of such matter insert a period in lieu of the semicolon.

At the end of the matter inserted in lieu of that proposed by the amendment of the Senate numbered 15 insert a period in lieu of the semicolon.

At the end of the matter inserted in lieu of that proposed by the amendment of the Senate numbered 17 insert a period in lieu of the semicolon.

At the end of the matter inserted in lieu of that proposed by the amendment of the Senate numbered 19 insert a comma in lieu of the semicolon.

Mr. MARTIN. Mr. President, I ask unanimous consent for the present consideration of the concurrent resolution.

There being no objection, the concurrent resolution (H. Con. Res. 251) was considered and agreed to.

Mr. SMATHERS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

The clerk will state the first committee amendment.

Mr. SMATHERS. Mr. President, I ask unanimous consent that the committee amendments be agreed to en bloc.

The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.

The amendments agreed to en bloc are as follows:

On page 4, at the beginning of line 6, to strike out "February 10, 1954" and insert "December 11, 1953"; on page 5, line 20, after the word "tract", to insert "then available for such leasing"; on page 8, line 7, after the word "leasing", to strike out "law" and insert "laws"; on page 11, line 22, after the word "as", to strike out "he" and insert "the Secretary"; in line 24, after the word "lease", to insert "provided expressly, that not less than ninety days prior to the filing of such request for publication there shall have been filed for record in the county office of record for the county in which the lands covered thereby are situate a notice of the filing of such application or offer or of the issuance of such permit or lease which notice shall set forth the date of such filing or issuance, the name and address of the applicant, offeror, permittee or lessee and the description of the lands covered by such application, offer, permit or lease"; on page 12, line 9, after the word "by", to insert “a certified copy of such recorded notice and"; after line 24, to insert:

"The filing of such request for publication shall also be accompanied by the certificate of a title or abstract company, or of a title abstractor, or of an attorney, based upon such company's abstractor's, or attorney's examination of the instruments affecting the lands involved, of record in the public records of the county in which said lands are situate as shown by the indices of the public records in the county office of record for said county, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore 10cated, together with the address of such person if disclosed by such instruments of record."

On page 14, at the beginning of line 1, to insert "heretofore located"; on page 15, line 17, after the word "be", to strike out "sent" and insert "mailed"; on page 15, line 22, after "section 7," to insert "and shall cause a copy of such notice to be mailed by registered mail to each person whose name and address is set forth in the title or abstract company's or title abstractor's attorney's certificate filed as aforesaid, as having an interest in the lands described in said notice under any unpatented mining claim heretofore located, such notice to be directed to such person's address as set forth

MULTIPLE MINERAL USE OF PUBLIC in such certificate"; on page 16, at the be

LANDS

The Senate resumed the consideration of the bill (S. 3344) to amend the mineral leasing laws to provide for multiple mineral development of the same tracts of the public lands, and for other purposes.

Mr. SMATHERS. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER (Mr. BEALL in the chair). The clerk will call the roll.

ginning of line 8, to insert "heretofore located"; on page 17, line 19, after the word "claim", to insert "heretofore located"; on page 19, after line 23, to strike out:

"SEC. 9. Notwithstanding the provisions of the Atomic Energy Act, and particularly section 5 (b) (7) thereof, or the provisions of the act of August 12, 1953 (67 Stat. 539), and particularly section 3 thereof, any mining claim, whether heretofore or hereafter located under the mining laws of the United States, for, or based upon a discovery of a mineral deposit which is a fissionable source material and which, except for the possible

The legislative clerk proceeded to call contrary construction of the Atomic Energy the roll.

Act, would have been or would be locatable

under such mining laws, shall be valid and effective in all respects to the same extent as if said mineral deposit were a locatable mineral deposit other than a fissionable source material. Notwithstanding the provisions of said section 5 (b) (7) of the Atomic Energy Act no mining claim heretofore or hereafter located under the mining laws of the United States shall be subject to, and no mineral patent hereafter issued shall contain, a reservation to the United States of fissionable source material, but the United States, its agents or representatives, shall have the right at any time to enter upon the land to prospect for, mine and remove fissionable source material upon making just compensation for any damage or injury occasioned thereby: Provided, That no such right of entry shall be exercised unless the Atomic Energy Commission shall have determined that the security needs of the United States require emergency production of fissionable source materials: Provided further, That the amounts to be paid to the owners of rights under any such mining claim for any fissionable source material so mined and removed by the United States, its agents or representatives, shall be such amounts as the Commission in its discretion deems to be fair and reasonable."

On page 21, after line 4, to insert:

"SEC. 9. Notwithstanding any previous act, regulation, or decision, the reservation of minerals in lands withdrawn from the public domain for mineral purposes by Executive order, proclamation, or other administrative procedure shall be applicable only to those minerals and for the purposes expressed in said Executive order, proclamation, or other administrative procedure. The Secretary of the Interior shall retain the power and authority to dispose of other leasable minerals in said lands by leasing procedures applicable to the public domain. This section shall become effective April 1, 1955."

On page 21, after line 15, to insert: "SEC. 10. The Atomic Energy Act is hereby amended as follows:

"(a) Section 5 (b) (5) is revised to read:

66 6

'(5) Acquisition: The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this act, to purchase, take, requisition, condemn, or otherwise acquire

"(A) supplies of source materials or any interest in real property containing deposits of source materials; and

"(B) rights to enter upon any real property deemed by it to have possibilities of containing deposits of source materials and to conduct prospecting and exploratory operations for such deposits.

Any purchase made under this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing that advertising is not reasonably practicable, and partial and advance payments may be made thereunder. The Commission may establish guaranteed prices for all source materials delivered to it within a specified time. Just compensation shall be made for any property or interest in property taken, requisitioned, or condemned under this paragraph.' "(b) Section 5 (b) (6) is revised to read: "(6) Operations on lands belonging to the United States: The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this act, to issue leases or permits for prospecting for, exploration for, mining, or removal of deposits of source materials (or for any or all of these purposes) in lands belonging to the United States.'

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any part, directly or indirectly, in the development of the atomic bomb project, may benefit by any location, entry, or settlement upon the public domain made after such individual, corporation, partnership, or association took part in such project, if such individual, corporation, partnership, or association, by reason of having had such part in the development of the atomic bomb project, acquired confidential official information as to the existence of deposits of such uranium, thorium, or other materials in the specific lands upon which such location, entry, or settlement is made, and subsequent to the date of the enactment of this act made such location, entry, or settlement or cause the same to be made for his, or its, or their benefit. In cases where any patent, conveyance, lease, permit, or other authorization has been issued, which reserved to the United States source materials and the right to enter upon the land and prospect for, mine, and remove the same, the head of the department or agency which issued the patent, conveyance, lease, permit, or other authorization shall, on application of the holder thereof, issue a new or supplemental patent, conveyance, lease, permit, or other authorization without such reservation.'

"(d) Notwithstanding the provisions of the Atomic Energy Act, and particularly section 5 (b) (7) thereof, prior to its amendment hereby, or the provisions of the act of August 12, 1953 (67 Stat. 539), and particularly section 3 thereof, any mining claim, heretofore located under the mining laws of the United States, for, or based upon a discovery of a mineral deposit which is a fissionable source material and which, except for the possible contrary construction of said Atomic Energy Act, would have been locatable under such mining laws, shall, insofar as adversely affected by such possible contrary construction, be valid and effective, in all respects to the same extent as if said mineral deposit were a locatable mineral deposit other than a fissionable source material."

On page 24, line 12, to change the section number from "10" to "11"; on page 25, line 10, after "(60 Stat. 755)", to strike out "and all heretofore enacted acts which are amendatory of or supplementary to said act" and insert "as amended"; in line 16, after "5 (b)", to strike out "(7)" and insert “(1))"; in line 18, after the word "States", to strike out "'uranium lease application' shall mean an application for a uranium lease filed with said Commission pursuant to the provisions of its Domestic Uranium Program Circular 7 (10 C. F. R. 60.7); 'uranium lease' shall mean a uranium mining lease issued by said Commission pursuant to the provisions of said Circular" and insert "uranium lease application' shall mean an application for a uranium lease filed with said Commission with respect to lands which would be open for entry under the mining laws except for their being lands embraced within an offer, application, permit, or lease under the mineral leasing laws or lands known to be valuable for minerals leasable under those laws; 'uranium lease' shall mean a uranium mining lease issued by said Commission with respect to any such lands"; and on page 26, line 8, to change the section number from "11" to "12", so as to make the bill read:

"Be it enacted, etc., That, (a) subject to the conditions and provisions of this act and to any valid intervening rights acquired under the laws of the United States, any mining claim located under the mining laws of the United States subsequent to July 31, 1939, and prior to February 10, 1954, on lands of the United States, which at the time of location were

"(1) included in a permit or lease issued under the mineral leasing laws; or

"(2) covered by an application or offer for a permit or lease which had been filed under the mineral leasing laws; or

"(3) known to be valuable for minerals subject to disposition under the mineral leasing laws,

shall be effective to the same extent in all respects as if such lands at the time of location, and at all times thereafter, had not been so included or covered or known: Provided, however, That, in order to be entitled to the benefits of this act, the owner of any such mining claim located prior to January 1, 1953, must have posted and filed for record, within the time allowed by the provisions of the act of August 12, 1953 (67 Stat. 539), an amended notice of location as to such mining claim, stating that such notice was filed pursuant to the provisions of said act of August 12, 1953, and for the purpose of obtaining the benefits thereof: And provided further, That, in order to obtain the benefits of this act, the owner of any such mining claim located subsequent to December 31, 1952, and prior to February 10, 1954, not later than 120 days after the date of enactment of this act, must post on such claim in the manner required for posting notice of location of mining claims and file for record in the office where the notice or certificate of location of such claim is of record, an amended notice of location for such claim, stating that such notice is filed pursuant to the provisions of this act and for the purpose of obtaining the benefits thereof and, within said 120-day period, if such owner shall have filed a uranium lease application as to the tract covered by such mining claim, must file with the Atomic Energy Commission a withdrawal of such uranium lease application or, if a uranium lease shall have issued pursuant thereto, a release of such lease, and must record a notice of the filing of such withdrawal or release in the county office wherein such notice or certificate of location shall have been filed for record.

"(b) Labor performed or improvements made after the original location of and upon or for the benefit of any mining claim which shall be entitled to the benefits of this act under the provisions of subsection (a) of this section 1, shall be recognized as applicable to such mining claim for all purposes to the same extent as if the validity of such mining claim were in no respect dependent upon the provisions of this act.

"(c) As to any land covered by any mining claim which is entitled to the benefits of this act under the provisions of subsection (a) of this section 1, any withdrawal or reservation of lands made after the original location of such mining claim is hereby modified and amended so that the effect thereof upon such mining claim shall be the same as if such mining claim had been located upon lands of the United States which, subsequent to July 31, 1939, and prior to the date of such withdrawal or reservation, were subject to location under the mining laws of the United States.

"SEC. 2. (a) If any mining claim which shall have been located subseqeunt to December 31, 1952, and prior to December 11, 1953, and which shall be entitled to the benefits of this act, shall cover any lands embraced within any mining claim which shall have been located prior to January 1, 1953, and which shall be entitled to the benefits of this act, then as to such area of conflict said mining claim so located subsequent to December 31, 1952, shall be deemed to have been located December 11, 1953.

"(b) If any mining claim hereafter located shall cover any lands embraced within any mining claim which shall have been located prior to February 10, 1954, and which shall be entitled to the benefits of this act, then as to such area of conflict said mining claim hereafter located shall be deemed to have been located 121 days after the date of the enactment of this act.

"SEC. 3. (a) Subject to the conditions and provisions of this act and to any valid prior

rights acquired under the laws of the United States, the owner of any pending uranium lease application or of any uranium lease shall have, for a period of 120 days after the date of enactment of this act, as limited in subsection (b) of this section 3, the right to locate mining claims upon the lands covered by said application or lease.

"(b) Any rights under any such mining claim so hereafter located pursuant to the provisions of subsection (a) of this section 3 shall be subject to any rights of the owner of any mining claim which was located prior to February 10, 1954, and which was valid at the date of the enactment of this act or which may acquire validity under the provisions of this act. As to any lands covered by a uranium lease and also by a pending uranium lease application, the right of mining location under this section 3, as between the owner of said lease and the owner of said application, shall be deemed as to such conflict area to be vested in the owner of said lease. As to any lands embraced in more than one such pending uranium lease application, such right of mining location, as between the owners of such conflicting applications, shall be deemed to be vested in the owner of the prior application. Priority of such an application shall be determined by the time of posting on a tract then available for such leasing of a notice of lease application in accordance with paragraph (c) of the Atomic Energy Commission's Domestic Uranium Program Circular 7 (10 C. F. R. 60.7 (c)) provided there shall have been timely compliance with the other provisions of said paragraph (c), or, if there shall not have been such timely compliance, then by the time of the filing of the uranium lease application with the Atomic Energy Commission. Any rights under any mining claim located under the provisions of this section 3 shall terminate at the expiration of 30 days after the filing for record of the

notice or certificate of location of such mining claim unless, within said 30-day period, the owner of the uranium lease application or uranium lease upon which the location of such mining claim was predicated shall have filed with the Atomic Energy Commission a withdrawal of said application or a release of said lease and shall have recorded a notice of the filing of such withdrawal or release in the county office wherein such notice or certificate of location shall be of record.

"(c) Except as otherwise provided in subsections (a) and (b) of this section 3, no mining claim hereafter located shall be valid as to any lands which at the time of such location were covered by a uranium lease application or a uranium lease. Any tract upon which a notice of lease application has been posted in accordance with said paragraph (c) of said Circular 7 shall be deemed to have been included in a uranium lease application from and after the time of the posting of such notice of lease application: Provided, That there shall have been timely compliance with the other provisions of said paragraph (c) or, if there shall not have been such timely compliance, then from and after the time of the filing of a uranium lease application with the Atomic Energy Commission.

"SEC. 4. Every mining claim or millsite hereafter located under the mining laws of the United States and every mining claim or millsite heretofore so located which shall be entitled to benefits under the first three sections of this act shall be subject to a reservation to the United States of all Leasing Act minerals and of the right (as limited in section 6 hereof) of the United States, its lessees, permittees, and licensees to enter upon the land covered by such mining claim or millsite and to prospect for, drill for, mine, treat, store, transport, and remove Leasing Act minerals and to use so much of the surface and subsurface of such mining claim or millsite as may be necessary for such purposes, and whenever reasonably

necessary, for the purpose of prospecting for, drilling for, mining, treating, storing, transporting, and removing Leasing Act minerals on and from other lands; and any patent issued for any such mining claim or millsite shall contain such reservation.

"SEC. 5. Subject to the conditions and provisions of this act, mining claims and millsites may hereafter be located under the mining laws of the United States on lands of the United States which at the time of location are

"(a) included in a permit or lease issued under the mineral leasing laws; or

"(b) covered by an application or offer for a permit or lease filed under the mineral leasing laws; or

"(c) known to be valuable for minerals subject to disposition under the mineral leasing laws;

to the same extent in all respects as if such lands were not so included or covered or known.

"SEC. 6. (a) Where the same lands are being utilized for mining operations and Leasing Act operations, each of such operations shall be conducted, so far as reasonably practicable, in a manner compatible with such multiple use.

"(b) Any mining operations pursuant to rights under any unpatented or patented mining claim or millsite which shall be subject to a reservation to the United States of Leasing Act minerals as provided in this act, shall be conducted, so far as reasonably practicable, in a manner which will avoid damage to any known deposit of any Leasing Act mineral. Subject to the provisions of subsection (d) of this section 6, mining operations shall be so conducted as not to endanger or materially interfere with any existing surface or underground improvements, workings, or facilities which may have been made for the purpose of Leasing Act operations, or with the utilization of such improvements, workings, or facilities.

"(c) Any Leasing Act operations on lands covered by an unpatented or patented mining claim or millsite which shall be subject to a reservation to the United States of Leasing Act minerals as provided in this act, shall be conducted, so far as reasonably practicable, in a manner which will avoid damage to any known deposit of any mineral not so reserved from such mining claim or millsite. Subject to the provisions of subsection (d) of this section 6, Leasing Act operations shall be so conducted as not to endanger or materially interfere with any existing surface or underground improvements, workings, or facilities which may have been made for the purpose of mining operations, or with the utilization of such improvements, workings, or facilities.

"(d) If, upon petition of either the mining operator or the Leasing Act operator, any court of competent jurisdiction shall find that a particular use in connection with one of such operations cannot be reasonably and properly conducted without endangering or materially interfering with the then existing improvements, workings, or facilities of the other of such operations or with the utilization thereof, and shall find that under the conditions and circumstances, as they then appear, the injury or damage which would result from denial of such particular use would outweigh the injury or damage which would result to such then existing improvements, workings, or facilities or from interference with the utilization thereof if that particular use were allowed, then and in such event such court may permit such use upon payment (or upon furnishing of security determined by the court to be adequate to secure payment) to the party or parties who would be thus injured or damaged, of an amount to be fixed by the court as constituting fair compensation for the then reasonably contemplated injury or damage which would result to such then existing

improvements, workings, or facilities or from interference with the utilization thereof by reason of the allowance of such particular use.

"(e) Where the same lands are being utilized for mining operations and Leasing Act operations, then upon request of the party conducting either of said operations, the party conducting the other of said operations shall furnish to and at the expense of such requesting party copies of any information which said other party may have, as to the situs of any improvements, workings, or facilities theretofore made upon such lands, and upon like request, shall permit such requesting party, at the risk of such requesting party, to have access at reasonable times to any such improvements, workings, or facilities for the purpose of surveying and checking or determining the situs thereof. If damage to or material interference with a party's improvements, workings, facilities, or with the utilization thereof shall result from such party's failure, after request, to so furnish to the requesting party such information or from denial of such access, such failure or denial shall relieve the requesting party of any liability for the damage or interference resulting by reason of such failure or denial. Failure of a party to furnish requested information or access shall not impose upon such party any liability to the requesting party other than for such costs of court and attorney's fees as may be allowed to the requesting party in enforcing by court action the obligations of this section as to the furnishing of information and access. The obligation hereunder of any party to furnish requested information shall be limited to map and survey information then available to such party with respect to the situs of improvements, workings, and facilities and the furnishing thereof shall not be deemed to constitute any representation as to the accuracy of such information.

"SEC. 7. (a) Any applicant, offeror, permittee, or lessee under the mineral leasing laws may file in the Office of the Secretary of the Interior, or in such office as the Secretary may designate, a request for publication of notice of such application, offer, permit, or lease, provided expressly, that not less than 90 days prior to the filing of such request for publication there shall have been filed for record in the county office of record for the county in which the lands covered thereby are situate a notice of the filing of such application or offer or of the issuance of such permit or lease which notice shall set forth the date of such filing or issuance, the name and address of the applicant, offeror, permittee or lessee and the description of the lands covered by such application, offer, permit or lease. The filing of such request for publication shall be accompanied by a certified copy of such recorded notice and an affidavit or affidavits of a person or persons over 21 years of age setting forth that the affiant or affiants have examined the lands involved in a reasonable effort to ascertain whether any person or persons were in actual possession of or engaged in the working of such lands or any part thereof, and, if no person or persons were found to be in actual possession of or engaged in the working of said lands or any part thereof on the date of such examination, setting forth such fact, or, if any person or persons were so found to be in actual possession or engaged in such working on the date of such examination, setting forth the name and address of each such person, unless affiant shall have been unable through reasonable inquiry to obtain information as to the name and address of any such person, in which event the affidavit shall set forth fully the nature and results of such inquiry.

"The filing of such request for publication shall also be accompanied by the certificate of a title or abstract company, or of a title abstractor, or of an attorney, based upon

such company's, abstractor's, or attorney's examination of the instruments affecting the lands involved, of record in the public records of the county in which said lands are situate as shown by the indices of the public records in the county office of record for said county, setting forth the name of any person disclosed by said instruments to have an interest in said lands under any unpatented mining claim heretofore located, together with the address of such person if disclosed by such instruments of record.

"Thereupon the Secretary of the Interior, or his designated representative, at the expense of the requesting person (who, prior to the commencement of publication, must furnish the agreement of the publisher to hold such requesting person alone responsible for charges of publication), shall cause notice of such application, offer, permit, or lease to be published in a newspaper having general circulation in the county in which the lands involved are situate.

"Such notice shall describe the lands covered by such application, offer, permit, or lease and shall notify whomever it may concern that if any person claiming or asserting under, or by virtue of, any unpatented mining claim heretofore located, any right or interest in Leasing Act minerals as to such lands or any part thereof, shall fail to file in the office where such request for publication was filed (which office shall be specified in such notice) and within 150 days from the date of the first publication of such notice, a verified statement which shall set forth, as to such unpatented mining claim: "(1) The date of location;

"(2) The book and page of recordation of the notice or certificate of location;

"(3) The section or sections of the public land surveys which embrace such mining claim; or if such lands are unsurveyed, either the section or sections which would probably embrace such mining claim when the public land surveys are extended to such lands or a tie by courses and distances to an approved United States mineral monument;

"(4) Whether such claimant is a locator or purchaser under such location; and

"(5) The name and address of such claimant and names and addresses so far as known to the claimant of any other person or persons claiming any interest or interests in or under such unpatented mining claim; such failure shall be conclusively deemed (i) to constitute a waiver and relinquishment by such mining claimant of any and all right, title, and interest under such mining claim as to, but only as to, Leasing Act minerals, and (ii) to constitute a consent by such mining claimant that such mining claim and any patent issued therefor, shall be subject to the reservation specified in section 4 of this act, and (iii) to preclude therafter any assertion by such mining claimant of any right or title to or interest in any Leasing Act mineral by reason of such mining claim.

"If such notice is published in a daily paper, it shall be published in the Wednesday issue for 9 consecutive weeks, or, if in a weekly paper, in 9 consecutive issues, or, if in a semiweekly or triweekly paper, in the issue of the same day of each week for 9 consecutive weeks.

"Within 15 days after the date of first publication of such notice, the person requesting such publication (1) shall cause a copy of such notice to be personally delivered to or to be mailed by registered mail addressed to each person in possession or engaged in the working of the land whose name and address is shown by an affidavit filed as aforesaid, and to each person who may have filed, as to any lands described in said notice, a request for notices, as provided in subsection (d) of this section 7, and shall cause a copy of such notice to be mailed by registered mail to each person whose name and address is set forth in the title or abstract company's or title abstractor's or attorney's certificate

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