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New and Additional NOI Filing Requirements for Confidentiality Designations: <br />1. Applicants of NOIs must specifically designate each portion of the submittal that the applicant <br />believes should be confidential. This designation must comply with the provisions of SB08- <br />228 as discussed above and should include not only information relating to the mineral <br />deposit location, size, or nature but also other information the applicant believes is proprietary <br />or trade secrets or that would cause substantial harm to the competitive position of the <br />applicant. The applicant should distinguish in the submittal between those portions of the <br />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 <br />portions of the submittal that are not designated as confidential will be available as public <br />record. <br />2. The applicant must submit two separate forms. One form will contain all information, <br />including both public and confidential information (with the confidential information <br />designated as such). This complete form will be used by the DRMS for review and will be <br />held as confidential. <br />The second form will contain only the information the applicant believes is public with the <br />applicant 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 <br />Division's public files. <br />5. All portions of the submittal that are confidential by law, or as designated by the prospector, <br />will remain secured from public access, i.e., not on the website and not in the Division's <br />public files. If the Board rules that some portion of the file should be public, then that portion <br />will be made available and no longer held from public view. <br />Processine Requirements: <br />The Division will review the NOI and associated Financial Warranty information within twenty (20) <br />working days of receipt by the Division. If the prospector has not been notified of any deficiencies of the <br />NOI Form within twenty (20) working days of receipt, prospecting operations may commence upon approval <br />of the financial warranty. The Prospector has 60 days from the date of filing to correct any deficiencies. For <br />activities on BLM or USFS Lands, the twenty (20) working -day period begins on the day when the <br />appropriate Federal Land Management agency has been notified by the Prospector (see below). Incomplete <br />NOI forms will be terminated and returned to the person or organization, if deficiencies are not corrected <br />within 60 days of filing (Rule 5.1.3). <br />The New Review Process Regarding Confidentiality Desienations <br />Hard Rock Rule 5.1.3 (Office Review), Rule 5.2 (Confidentially) and Rule 1.3 (Public Inspection of <br />Documents) will apply. These rules will guide office review of determinations regarding confidentiality <br />designations. The Division will review the submittal for technical adequacy as stated above, including the <br />iv <br />