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The Honorable Dale Bumpers, Chairman
September 26, 1989

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We specifically oppose S.11 because it would abrogate past presidential and legislative actions, and it could damage the ability of U.S. Borax to mine known borate deposits and prevent the exploration of the areas of best borate potential.

O U.S. Borax and its predecessors have a long history in Death Valley that goes back to 1882, the Harmony Borax operations, and the twenty mule teams. We built the Furnace Creek Inn and Ranch and initiated and promoted the establishment of the Death Valley National Monument

(D.V.N.M.).

D.V. National Monument was opened to Mineral entry by legislation enacted June 13, 1933, just four months after the proclamation that established D.V.N.M. The Monument's boundary was located by prior agreement to avoid impacting the Ryan Area borate reserves and other mineral development.

S.ll would surround the Ryan area with National Park and Wilderness land. Such an Act would totally disregard the understanding that achieved the required support for the establishment of the Monument and resulted in the legislation that opened it to mineral entry.

U.S. Borax owns or holds 6,000 acres of patented and unpatented mining claims in the Ryan area containing an estimated 27 million tons of borate ore. This area is outside the Monument and the authors of S.11 must know their proposed land designations in this area would prevent or hinder the future development of these

reserves.

U.S. Borax also owns an estimated 30 million tons of borate ore on 4,000 acres of patented land within D.V.N.M. S.11 proposes the designation of wilderness adjacent to these properties, and here again, the authors of S.11 must know this could damage the value of these reserves.

U.S. Borax holds about 26,000 acres of unpatented claims and leases in an area extending southeast of the Ryan area to and beyond the Lila C. Mine. Geologically, this area has excellent potential for 18 million tons of borates which we are actively exploring.

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S.11 would place much of this area in National Parks/Wilderness or Wilderness, thus, damaging the ability of anyone to explore this area and to develop ore deposits that may be found.

U.S. Borax believes many areas of the CDCA have borate potential, and our exploration activities continue to reveal additional prospective areas.

Except for very special areas, the uniqueness and scarcity of borate ore deposits in the United States and the world dictates that borate potential areas be evaluated before they are locked up in National Parks or Wilderness.

Maps of the areas, property and mineral trends mentioned above are attached for your easy reference.

In closing, we urge you not to ignore, as S.11 proposes, the commitments of past administrations in the establishment of Death Valley National Monument and the past mandates of FLPMA. The California Desert Conservation Area is a reasonable plan developed through compromise and it deserves your careful consideration. To disregard this plan and past commitments would be destructive to the public advisory process and to Congress.

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Defenders

OF WILDLIFE

October 7, 1989

Senator Dale L. Bumpers, Chairman
Subcommittee on Public Lands,
National Parks, and Forests

Senate Committee on Energy and
Natural Resources

308 Dirksen Senate Office Building
Washington, D. C. 20510-6158

Re:

1989 OCT 12 AM 10: 01

Support for S. 11, the California Desert Protection Act. Dear Mr. Chairman:

Defenders of Wildlife was pleased to learn that your Subcommittee held an October 2 hearing on S. 11, Senator Alan Cranston's excellent California Desert Protection Act. Unfortunately, we were not able to provide testimony at the hearing. However, we wish to submit this letter for inclusion in the October 2 hearing record.

We strongly support and applaud S. 11. We urge you and your colleagues to pass S. 11 without any weakening amendments, and to work for its expeditious enactment.

We believe that S. 11 is reasonable and necessary. It is reasonable
because many of California's magnificent desert habitat types
are not protected within national parks or designated wilderness
areas. Enactment of S. 11 would remedy these deficiencies by pro-
tecting many of these habitats.

It is necessary because the U.S. Bureau of Land Management (BLM)
has not adequately protected sensitive desert wildlife species and
habitats. The dramatic decline in desert tortoise populations
is one clear symbol of this neglect. While BLM has initiated some
new conservation programs, their effectiveness is not yet known,
and BLM's overall track record does not bode well. Enactment of
S. 11 would reduce BLM's opportunities to further mismanage desert
species and habitats.

Enclosed are background materials relating to the serious plight of California's desert tortoise populations. These materials are intended to demonstrate the need for a substantial change in BLM's 'business as usual" multiple use philosophy.

Because the desert tortoise is now listed as a threatened species under California law, and has received a federal emergency listing,

CALIFORNIA OFFICE: 5604 ROSEDALE WAY, SACRAMENTO, CALIFORNIA 95822 • (916) 442-6386 NATIONAL OFFICE: 1244 NINETEENTH STREET, NW • WASHINGTON, DC 20036 • (202) 659-9510

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