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Bill would end curbs on sale of public land

Measure could affect as many as 20m acres

WASHINGTON -- As many as 20 million acres of public land could be sold under a proposed change in mining law that is tucked into a budget bill in the House.

At issue is the possible overturning of a congressional ban that has prevented mineral companies and individuals from buying public land, including some in national forests and parks, at cheap prices if the land contains mineral deposits.

''If this provision became law, it could literally lead to the privatization of millions of acres of public land, including national park and national forest land," said Dave Alberswerth, public lands director for The Wilderness Society.

A vote on the overall bill was put off until next week.

The Interior Department over the past decade has approved slightly more than half of the 405 patent applications it received before 1994, and is processing the final 50.

House Resources Committee chairman Richard Pombo, Republican of California, and other committee members want to lift the ban, which prevents anyone from applying for a new patent application. They propose raising the price to $1,000 per acre or ''fair market value," whichever is more. That does not take into account minerals the lands might contain.

Under existing law, companies have had to convince the Interior Department that the land has a valuable mineral deposit and it can be mined at a profit.

Department officials say companies typically spend about $10,000 to $15,000 per acre trying to document that it is economically viable to mine there.

Once a patent is granted, the law does not let the government challenge a company if it drops its plan to mine at a site and resells the property as real estate.

Up to 6 million acres of public lands -- those where some 300,000 active mining claims are staked now -- could be ''patented" under the mining law provision. That includes Western deserts, high prairies, and national parks. There are 900 preexisting mining claims on national parks, mostly in California and Alaska.

But officials with the Interior Department's Bureau of Land Management estimate the amount of public lands that the law could potentially allow to be sold off ranges as high as 20 million acres.

That additional acreage includes remote desert and mountain basins where no claims have been staked and there has not been much mining, but a profitable mineral deposit could exist.

Senator Dianne Feinstein, Democrat of California, wrote Pombo and urged him to withdraw the measure.

She said it would allow people to ''carve out numerous private enclaves within our public lands" and that the land sales ''could fragment the desert parks" in California.

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