In 1872 the west already teemed with miners digging the earth, blasting rock and dreaming of fortunes to be made. In 1872 congress passed the law that governs hardrock mining on public lands. Historical origins of the discovery rule under the general mining law of 1872,1 a prospector may purchase title in fee simple to unappropriated federal land for a nominal charge if he discovers a valuable deposit of minerals. The general mining act of 1872 is an antiquated law that governs mining industry operations on public lands, despite advances in knowledge and technology that should long ago have led to a change in the way mines are opened and operated. A miningclaim located after the passage of this act, whether. H38701 adverse claims, protests, contests, and appeals. A company or individual, foreign or domestic, can still acquire land and precious minerals belonging to all americans for 1872 prices.
I also think that the mining law provides excellent examples of how laws. In addition to the mining law of 1872, other federal laws apply to regulate the effects of hardrock mining e. The claimpatent system serves as the basis for hardrock mineral exploration and related land ownership on federal lands. This law, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in california and nevada from. History has left us a classic image of western mining in the grizzl. The antiquated general mining law of 1872 is one of the last remaining dinosaurs of the old public land giveaways. The mining law was the subject of my doctoral dissertation at the university of illinois. The 42nd united states congress passed the legislation in april 1872 and president ulysses s. When enacted, the law applied to all types of minerals on all federal lands. Mining law of 1872 the general mining law of 1872 was enacted to promote the exploration and development of domestic mineral resources, primarily in the west.
This law allows citizens of the united states the opportunity to explore for, discover, and purchase certain valuable mineral deposits on those federal lands that are open for mining claim location and patent open to mineral entry. Grant over years ago, this law still governs hardrock mining on federal public lands, even though other national poli cies and popular opinion have changed. We do have a solution that will remove all states from regulating unreasonably on federally managed lands and give the power back to the mmac affiliated mining districts. The federal law governing locatable minerals is the mining law of 1872 may 10, 1872, which declared all valuable mineral deposits in land belonging to the united states to be free and open to exploration and purchase. A new, reformed mining law should end the process of patenting. This pioneerera statute still gives metal mining priority status on many public. All metals and certain valuable non metallic minerals diamonds, uranium, specialty clays, and others. The 1872 mining law, which governs the transfer of rights to mine gold, silver, copper, uranium and other hardrock minerals from federal lands, is the subject of continuing and sometimes rancorous controversy.
Applying principles of the general mining law of 1872 to incentive asteroid mining lauren e. Mining law covers several basic topics, including the ownership of the mineral resource and who can work them. Planet money explores the rules for mining on public land. The general mining law of 1872 was enacted to promote mineral exploration and.
Mining law the 1866 mining law was amended by the act of may 10, 1872 mining law of 1872, as amended, still governs the exploration and mining of many minerals, including. Location of mining claims under the mining law of 1872, 30 u. Their approaches ranged from reserving mineral wealth for the government to the leasing or sale of land. The enduring vitality of the general mining law of 1872 mark squillace.
When the mining law was passed in 1872, it contained a provision for diligent development of the resources once minerals were discovered. Many thanks to the western mining action project for supplying the legal definitions and background information on claim validity and determination used in this article what is the mining law of 1872. Lawrence ferlinghetti, first, the news in how to paint sunlight 2001 t he mining law of 1872 has its origins in the california gold rush. Length of claims on veins or lodes mining claims upon veins or lodes of quartz or. Provided, that all the persons availing themselves of the five per cent. Pdf hardrock mining for metals has been, and is, an economically important land use in all western u. The british crown, followed by american state and federal governments, experimented with the management of mineral resources.
An act to promote the development of the mining resources of the. Grant was president, it still governs hardrock mining on federal lands today. The 1872 mining law, which governs the transfer of rights to mine gold, silver, copper, uranium and other hardrock minerals from federal lands. The long overdue need to reform the mining law of 1872 subcommittee on energy and mineral resources committee on natural resources. The general mining law of 1872 regulates the mining of certain mineral resources on federal public domain lands. The current controversies regarding the general mining act of 1872, which is still the controlling law concerning mining activities, bring into focus the conflicts between mining and our rapidly increasing population. Time for reform 19th century policies hardrock mining on public lands in the western united states is governed by the general mining act of 1872a law that has changed little since it was signed by president ulysses s. The 1872 mining law was signed into law by president ulysses s. The weaknesses in the general mining law of 1872 have for too long allowed public.
The long overdue need to reform the mining law of 1872. However, because of the magnitude of the issue and the antiquated nature and primacy of the mining law of 1872 a comprehensive reform of that law is needed. The mining law of 1872 consists of the act of may 10, 1872 r. This article is brought to you for free and open access by the law journals at.
The general mining law of 1872 unm digital repository. Chairman and members of the subcommittee, i appreciate the opportunity to discuss changes to the mining law of 1872spcdically the proposals that would impose royalties on the extraction of minerals from public lands and impose fees on the holders of claims. The general mining act of 1872, which declared all valuable mineral deposits on public lands to be free and open to exploration and purchase, has had a controversial impact on the western environment as, under the protection of federal law, various twentiethcentury entrepreneurs have manipulated it in order to dump waste, cut timber, create. The astonishing thing about the 1872 mining law is that in 2008 it survives essentially unchanged, a testament to the political power and mendacity of the hardrockmining lobby. The enduring vitality of the general mining law of 1872. The mining law passed in 1872 during grants administration did not keep pace with changes in the scale of mining and mining technology nor address environmental concerns arising long after it came into effect. The general mining act of 1872 is a united states federal law that authorizes and governs. The general mining act of 1872 colorado law scholarly. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining. The 1872 mining law currently provides the mining industry with billions of dollar in subsidies. It was passed to promote the development and settlement of publiclyowned lands in the western united states a law that rips off taxpayers. The 1872 national mining act emerged from decades of debate about mining and public lands.
The 42nd united states congress passed the legislation in april 1872. The general mining act of 1872 is a united states federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. And unlike other extractive industries such as coal, oil and gas, under the 1872 law, mining companies pay no royalties for the minerals they claim. This paper evaluates economic aspects of the discovery process on open federal lands. Journal of air law and commerce volume 78issue 1 article 2 20 asteroids, the new western frontier. The law permits individuals and corporations to prospect on public domain lands and to stake claims on mineral discoveries they make. The mining law directly subsidizes extraction by allowing mining interests to. Critics of the 1872 mining law focus on the fact that it has not been changed for 125 years rather than on the narrowing of its applicability. Mining and milling techniques surface protection and reclamation requirements other federal and state legal requirements the general mining law of 1872, as amended, has five. Perhaps no law in the federal natural resources arsenal has engendered more longterm controversy, while nonetheless maintaining its original.
The1872 mining law briefing paper a 21st century industry governed by a 19th century law the mining of hardrock mineralsgold, uranium and other metalson public lands is governed today by a law that has changed little since it was first signed by ulysses s. This law, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public. Executive summary purpose over the last 117 years, the federal government has sold about 3. Under the general mining law of 1872, and various acts of congress concerning the public lands, only the secretary of the interior may determine the questions of mineral land vs agricultural land mineralincharacter, validity of a mining claim or site, or compliance with the regulations that apply to mining claims and mineral. The mining act of 1872 digs up a lot of issues president trump has opened land to mining in california and utah.
Reforms of mining law of 1872 congressional budget office. Act of may 10, 1872mining law of 1872this title is not an official. A brief primer for the layman, for a more thorough treatment of the mining law in operation, as well as a discussion of legislation preceding the 1872 law. Enacted as part of the 1872 general mining law, this system was designed to spur economic development in the western u. Led by environmental activists who are antagonistic to the mining law, critics are trying to change the present system.
Although it was enacted 5 years ago when ulysses s. Mining law is the branch of law relating to the legal requirements affecting minerals and mining. We are working feverishly to get new legislation in place that will put more. Revised statutes which are derived from act may 10, 1872, ch. I was interested in environmental issues, and mining has short and longterm environmental implications. Once a deposit is discovered, the prospector can stake a claim for. The ultimate use of mining claims was a point of interest in a recent gao study. The 1872 mining law also has left taxpayers with a massive and growing liability for the clean up of toxic waste and water contamination left behind by abandoned mines. Act of may 10, 1872 mining law of 1872 this title is not an official short title, but merely a popular name. Reforming the 1872 mining law taxpayers for common sense. About mining and minerals bureau of land management. After all the minerals have been removed, mining operations cease and move their jobs out of town to another.
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