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EXHIBIT S

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Department of Defense

DIRECTIVE
NUER 4700.3
September 28, 1983

ASD(MRA&L)

SUBJECT: Mineral Exploration and Extraction on DoD Lands
References: (a) Section 21a of Policy Act

(b) Section 1601 et seq. of

title 30, United States Code, "National Materials and Mineral Policy, Research and Development Act of
1980"

of 1970" .

title 30, United States Code, "Mining and Minerals

(c) DoD Directive 4700.1, "Natural Resources -- Conservation and Management," November 6, 1973 (d) Section 351 et seq. oftitle 30, United States Code, "Mineral Leasing Act for Acquired Lands" (e) Section 131 et seq. oftitle 30, United States Code, "Mineral Lands
Leasing Act"
(f) through (n), see enclosure 1

1. PUROSE
Under references (a) through (n), this Directive establishes policy, assigns responsibilities, and provides procedures for making DoD lands available for mineral exploration and extraction.

2. APPLICABILITY AN SCOPE
Defense and the Militar Departments (including their National Guard and Reserve components).
2.1. This Directive applies to the Office of the Secretar of

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DODD 4700.3, Sept. 28, 1983

2.2. It applies to DoD-controlled lands acquired or withdrawn from the public domain (including Ary civil works lands) within the United States and its territories and possessions for which the mineral rights are owned by the United States, with the
following exceptions:

2.2.1. Mineral leasing of lands situated within incorporated cities, towns, and vilages (references (d) and (e)).

2.2.2. Mineral leasing oftidelands or submerged lands (reference (d)).
2.2.3. Certain hardrock minerals known as locatables (30 U.S.C. 22,
reference (g)).

2.2.4. A class of minerals composed of sand and gravel known as saleables
(30 U.S.C. 601 et seq. and 41 CFR 101-47.302-2, references (h) and (i)).

3. DEFINITIONS

The terms used in this Directive are defined in enclosure 2.

4. POLICY
In accordance with established DoD policy to promote optimal use of real propert

under the multiple-use principle (DoD Directive 4700.1, reference (c)), DoDlands shall be made available for mineral exploration and extraction to the maximum extent possible consistent with militar operations, national defense activities, and Ary civil
works activities.

5. RESPONSIBILITIES
5.1. The Assistant Secretary of

Defense (Manpower. Reserve Affairs. and

Logistics) shall:
5.1.1. Have primary responsibility for developing DoD policy for mineral

exploration and extraction on DoD lands.

5.1.2. Ensure that the Militar Departments issue regulatory documents implementing this Directive.

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DODD 4700.3, Sept. 28, 1983

5.2. The Secretaries of

the Militar Deparments shall:

5.2.1. Review and approve or disapprove requests from the Deparment of the Interior (Dol), the Federal mineral leasing agency, to lease DoD lands under 43 U.S.C. 155 et seq. (reference (n)) and DoD Directive 5160.63 (reference (k)).
5.2.2. Issue regulatory documents implementing this Directive to prescribe

procedures relating to the issuance of permits and leases and the approval of plans of operations for mineral exploration and extraction.

5.2.3. Formulate a system for maintaining records ofland status to assist the Dol in mineral leasing. This system shall be established in accordance with DoD Directive 5000.11 (reference (1)) and shall use existing standard data elements from DoD 5000.12-M (reference (m)), whenever possible.

6. PROCEDURS
6.1. If a Military Deparment cannot consent to exploration or extraction, it also may not approve testing or leasing. Exclusion of lands from exploration and extraction shall be justified and supported. Availability of lands is subject to certain conditions and stipulations that also shall be justified. Granting approval for leasing usually shall be construed as consent ultimately to allow driling or other forms of mineral extraction. Accordingly, initial approval clearly shall indicate the conditions, known, under which fuher exploration or extraction shall be allowed. For example, classified operations, amunition and explosives operational storage requirements, and contaminated lands may restrict or exclude leasing or may require no surface disturbance stipulations (DoD 5154.4-S, reference (j)).
if

6.2. The Military Deparments may issue permits to paries interested in conducting seismic or other geophysical tests on DoD lands. In unusual circumstances, the Militar Deparments may refer permit applications to the Dol for
issuance. Permits are subject to the approval of, and conditions imposed by, the

Militar Department concerned. The issuing Agency shall make any required
environmental and cultural studies. For permits issued by the Dol, the Militar

Department concerned shall provide, upon request, environmental and cultural information held by the Department.

6.3. Leases. The Dol receives and processes all mineral lease requests and then forwards such lease offers and title report requests to the Miltar Deparment

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DODD 4700.3, Sept. 28, 1983

concerned. The Militar Deparment then shall decide whether and under what conditions its land may be made available for leasing.
6.3.1. Environmental and Cultural Considerations for Leases. As the lead

Agency, the Dol obtains all environmental and cultural documentation before deciding

to lease. The responsibilties of the Miltar Deparment concerned, when acting as a
cooperating Agency, shall be limited to providing to the Dol, upon request, any available environmental and cultural information.

6.3.2. Title Search. . The Militar Deparment concerned shall furish to the Dol available information for acquired lands. Dol title records shall be relied upon for withdrawn public domain lands, except that the Miltar Deparments shall identify all outstanding interests, such as easements and licenses. When title information is incomplete, the Militar Department shall so advise the DoL.
Operations. After the lease is executed, the lessee submits a plan of operations (Application for Permit to Dril for oil and gas or Mining Plan for other minerals) to the Dol for technical review and coordination with the Miltar
6.3.3. Plans of

Department concerned. As a cooperating Agency, the Military Department shall

supply appropriate stipulations; available environmental, endangered species, and
cultural information; and concurrence with the plan. The Dol then formalizes the

environmental considerations and approves the plan with the stipulations supplied by the Military Deparment. Stipulations shall be tied directly to the details of the proposed plan of operations, and each stipulation shall be objectively justifiable.
6.3.4. The Dol has the responsibility for the collection and disposition

of

proceeds derived from mineral leasing.

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DODD 4700.3, Sept. 28, 1983

7. EFFECTIVE DATE AN IMPLEMENTATION
This Directive is effective immediately. Forward two copies of

implementing

documents to the Assistant Secretar of Defense (Manpower, Reserve Affairs, and

Logistics) within 120 days.

1:" ;i,.J ,.' I

-.-- .- -- ~ ~ p

'.. ;~!i'\:. ' ,;. ttlj

PAUL THYER ':

~~-_,.

Deputy Se.cre~ry of Defense

Enclosures - 3 E 1. References, continued

E2. Defintions E3. Summar of Mineral Leasing Authorities

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DODD 4700.3, Sept. 28, 1983

E1. ENCLOSUR 1
REFERENCES, continued
title 30, United States Code, "Geothermal Steam Act of
title 30, United States Code, "Mining Act of 1872"
title 40, United States Code, "Federal Propert and

(f) Section 1001 et seq. of

1970"
(g) Section 22 et seq. of

(h) Section 601 et seq. of title 30, United States Code, "Materials Act of 1947"
(i) Section 471 et seq. of

Administrative Services Act of 1949," as amended (41 CFR 101-47.302-2)

(j) DoD 5154.4-S, "DoD Amunition and Explosives Safety Standards," Januar 1978, authorized by DoD Directive 5154.4, October 4, 1982
(k) DoD Directive 5160.63, "Delegations of Authority Vested in the Secretar of
Defense to Take Certain Real Propert Actions," August 10, 1978

(1) DoD Directive 5000.11, "Data Elements and Data Codes Standardization Program," December 7, 1964 12-M, "DoD Manual for Standard Data Elements," December 1982, (m) DoD 5000. authorized by DoD Directive 5000.12, April 27, 1965 title 43, United States Code, "Engle Act" (n) Section 155 et seq. of

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ENCLOSURE 1

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DODD 4700.3, Sept. 28, 1983

E2. ENCLOSUR 2
. DEFINITIONS

E2.1.1. Leasable Minerals. Minerals, such as oil and gas, that are owned by the United States and that have been authorized under statute as potential minerals for extraction under a mineral lease (30 U.S.C. 351 et seq., 181 et seq., and 1001 et seq., references (d) through (f)).
E2.1.2. Locatable Minerals. Minerals, such as gold and silver, that are owned by the United States, that are on public domain lands, that are subject to discovery and claim, and that are not leasable or saleable (30 U.S.C. 22, reference (g)).
E2.1.3. Mineral Lease. A grant of a right to explore for and extract leasable
minerals. No surface occupancy, driling, or other mineral extraction is permitted

until an operations plan is approved by the Dol in consultation with the Military Deparment concerned.

E2.1.4. Multiple-Use Principle. The integrated management of all resources, each with the other, to achieve their optimum use and enjoyment while maintaining environmental and other qualities in balance.
E2.1.5. Permit. Temporar permission to conduct seismic or other geological and geophysical tests before requesting a mineral lease.

E2.1.6. Saleable Minerals. Common variety minerals, such as sand, clay, and gravel, that are sold under certain statutory authorities (30 U.S.C. 601 et seq. and 41 CFR 101-47.302-2, references (h) and (i)).

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ENCLOSURE 2

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DODD 4700.3, Sept. 28, 1983

E3. ENCLOSUR 3

SUMY OF MIRA LEASING AUTHORITIES
coal, phosphate, sodium, potassium, oil, oil shale, gas, or sulfu within acquired DoD lands. 30 U.S.C. 181 et seq. (reference (e)) authorizes leasing of coal, phosphate, sodium, oil, oil shale, native asphalt, solid or semi-solid bitumen, and bituminous rock or gas within DoD-withdrawn public domain lands under certain conditions and in certain places. Under the leasing statutes, the Secretar of the Interior is responsible for granting and administering such leases. 30 U.S.C. 1001 et seq. (reference (f)) authorizes the Secretar of the Interior to issue leases for development of geothermal steam and associated resources on public lands. This includes public lands withdrawn
E3.1.1. 30 U.S.C. 351 et seq. (reference (d)) authorizes leasing of

for use by the Militar Deparments.
E3.1.2. Reference (d) specifically provides for consent of the Head of the Executive Deparment having jurisdiction over the lands containing the mineral deposit the Deparment of before leasing. For public domain lands withdrawn for use of Defense 43 U.S.C. 155 et seq. (reference (n)) provides that there wil be no disposition of or exploration for minerals on public domain lands when the Secretary of Defense, in consultation with the Secretary of the Interior, determines that such disposition or
exploration is inconsistent with the militar use of the land.

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ENCLOSURE 3