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iii (.Form 2- Public) <br />New and Additional NOI Filing Requirements forConf dentialit_?, Designations: <br />1. Applicants of NOIs must specifically designate each portion of the submittal that the applicant believes <br />should be confidential. This designation must comply with the provisions of SB228 as discussed above and <br />should include not only information relating to the mineral deposit location, size, or nature but also other <br />information the applicant believes is proprietary or trade secrets or that would cause substantial harm to the <br />competitive position of the applicant. The applicant should distinguish in the submittal between those <br />portions of the NOI that are confidential because they relate to the mineral deposit and those portions that the <br />applicant believes are proprietary, trade secret or harmful to its competitive position. Those portions of the <br />submittal that are not designated as confidential will be available as public record <br />2. The applicant must submit two separate forms. One form will contain all information, including both <br />public and confidential information (with the confidential information designated as such). This complete <br />form will be used by the DBMS for review and will be held as confidential. <br />The second form will contain only the information the applicant believes is public with the applicant <br />redacting all information to be held as confidential. <br />3. The submittals must be provided in both paper and electronic format. <br />4. All public portions of the submittal will be made available on the Division website and in the Division's <br />public files. <br />5. All portions of the submittal that are confidential by law, or as designated by the prospector, will remain <br />secured from public access, i.e., not on the website and not in the Division's public files. If the Board rules <br />that some portion of the file should be public, then that portion will be made available and no longer held <br />from public view. <br />PROCESSING REQUIREMENTS: <br />The Division will review the NOI and associated Financial Warranty information within twenty (20) working days of receipt <br />by the Division. If the prospector has not been notified of any deficiencies of the N01 Form within twenty (20) working <br />days of receipt, prospecting operations may commence upon approval of the financial warranty. The Prospector has 60 days <br />from the date of filing to correct any deficiencies. For activities on .BLA I or USFS Lands, the twenty (20) working-day <br />period begins on the day when the appropriate Federal L.-and Management agency has been notified by the Prospector (see <br />below`i. Inc,oniviete NO1 forms yvill be terminated and returned to the person or organization, if deficiencies are not <br />corrected within 6? 1 clays of fililig <br />The New Review Process Resarding Confidentiality Desil!nations <br />Hard Rock Rule 5. 1.31 (Office Review) will apply. 111s rule will guide office review of determinations <br />regarding confidentiality designations. The Division will review the submittal for technical adequacy as <br />stated above, including the review of the submittal in regard to information the applicant has designated as <br />confidential. If the Division identifies any deficiencies in the submittal including any disagreement regarding <br />the designation of confidential materials.. then the prospector will be. notified by the Division within 20 <br />, ork n days of N01 receipt. <br />11