To get the mining rights for that land, you have to follow americas mining law, which dates back to 1872. The weaknesses in the general mining law of 1872 have for too long allowed public. Todays introduction coincides with the 146th birthday of the 1872 law, and an aggressive mining industry push to further erode already flimsy. Led by environmental activists who are antagonistic to the mining law, critics are trying to change the present system. The 42nd united states congress passed the legislation in april 1872 and president ulysses s. Law of the apex is a provision or a term related to mining law. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Abandoned mine land and federal facilities enforcement us epa.
The act is one among the major statutes on federal land management policy. The mining law of 1872 consists of the act of may 10, 1872 r. Now some want to change that law, and here is why thats unnecessary. 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. Free access and the general mining law of 1872 by andrew p morriss, roger e meiners and andrew dorchak most discussions of the us general mining law of 1872 begin with the premise that the statute is an outdated relic of 19thcentury attitudes towards resources.
The general mining act of 1872 has left a legacy of riches. It was passed to promote the development and settlement of publiclyowned lands in the western united states a law that rips off taxpayers. Law of the apex law and legal definition uslegal, inc. For starters, aliens which have declared their intention to become citizens. 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. Extracting minerals subsurface mining shaft mine direct vertical shaft to vein. Changes sought to 1872 mining law us news environment. The 1872 mining law, embellished by a host of judicial opinions, statutory exceptions, administra tive regulations and decisions, and supplemented by state law, is the present location system. The general mining law of 1872 regulates the mining of certain mineral resources on federal public domain lands. Act of may 10, 1872mining law of 1872this title is not an official short title, but merely a popular name. The 1872 mining law has been under fire for decades, but the industry has been able to head off countless attempts at reform. While fair in its day, 125 years later many feel that the law is in need of some serious changes. The 1872 mining law was signed into law by president ulysses s. The mining law of 1872, which governs exploration and mining for minerals on federal lands such as gold, copper, silver and lithium, is one of our nations oldest.
Julia simon of our planet money podcast went out west to. The chaffee law of 1869 and the placer law of 1871 were combined into the general mining act of 1872. Apr 17, 2008 general mining law of 1872 amendments progress in congress posted on april 17, 2008 december 17, 20 h. For the most part, it seems the majority of the news we hear about mining is negative. The general mining law of 1872 governs the exploitation of minerals on federal lands. The act authorizes and governs, prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands.
The general mining law of 1872, signed by president ulysses grant, is the most outdated natural resource law in the nation. It was passed to promote the development and settlement of publiclyowned lands in the western united states. This law allows citizens of the united states the opportunity to explore for, discover, and purchase certain valuable mineral. When congress passed the general mining act of 1872, the wording was. Mar 30, 2018 to get the mining rights for that land, you have to follow americas mining law, which dates back to 1872.
One of its bedrock arguments is that overhauling the law would risk national security. In theory, any law or individual provisions within any law passed by congress should be classifiable into one or more slots in the framework of the code. A sensible revision of the general mining law of 1872. The ultimate use of mining claims was a point of interest in a recent gao study. 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.
General mining act law and legal definition uslegal, inc. Provided, that all the persons availing themselves of the five per cent. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. But the law is no longer in harmony with modern social values. The enduring vitality of the general mining law of 1872.
Aug 23, 2015 mining here has left large tracts of wasteland locally. Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 43, and 47 of this title are based on sections of the revised statutes which are derived from act may 10, 1872, ch. United states general accounting office report to the chairman, subcommittee on mining and natural resources, committee on interior and insular affairs, house of representatives march 1989 ftideml land management the mining law of 1872 needs revision gaorced8972. It succeeded in its goal and since then the west has been populated. The mining law of 1866 had given discoverers rights to stake mining claims to extract gold, silver, cinnabar the principal ore of mercury and copper. Past, politics, and prospects kindle edition by bakken, gordon morris. Annual maintenance annual assessment work or annual fees for mining claims and sites. The sad truth is that mining practices in our region resulted in us becoming known as a epa superfund site identified as the missouri mines site. The mining law of 1872 was passed by congress to legitimize this booming industry and to aid in the settlement of the vast public lands in the west.
General mining law of 1872 amendments progress in congress. The appellant in the case, reeco uranium lp reeco applied for a general permit for discovery work under the 1872 law consisting of drilling a series of 56 shallow dry borings of up to 50 feet deep, as well as 20 drill holes up to 1200 feet deep spread out across 20 to 30 acres. General mining law of 1872 gml the general mining law gml as amended, 30 usc 29, is relevant for determining whether a federal agency may be cercla owners andor operators for purposes of section 107 liability at mixed ownership sites. General mining law of 1872 whats new in ecomaterials. Act of may 10, 1872mining law of 1872this title is not an official. These two laws were later subsumed by the general mining law of 1872. Grant was president, it still governs hardrock mining on federal lands today. Some changes in the 1872 law are needed, they say, but an 8. The general mining act of 1872 colorado law scholarly. 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. This article is brought to you for free and open access by the law journals at smu scholar.
The general mining act of 1872 has left a legacy of riches and ruin, june 10, 2001. Julia simon of our planet money podcast went out west to learn how the law works. Applying principles of the general mining law of 1872 to incentive asteroid mining lauren e. Mining companies are leery of rahalls plan, dubbing it unofficially the nomore mining act of 2007. Although it was enacted 5 years ago when ulysses s. It has been accepted for inclusion in journal of air. An excellent, comprehensive discussion of the 1872 mining law and its impacts. When enacted, the law applied to all types of minerals on all federal lands. Grant over years ago, this law still governs hardrock mining on federal public lands, even though other national poli. The law permits individuals and corporations to prospect on public domain lands and to stake claims on mineral discoveries they make. The general mining law of 1872, as amended, has five.
The mining act of 1872 tom cyr, jonpaul genest, john kinne, jamie meads, annette quinlan, craig smith introduction the 1872 mining act was designed to promote westward expansion. Congress kept tinkering with mining law in committee in 1871, and in 1872 the mining bill was on the floor. The general mining act of 1872 granted extralateral rights to owners of lode claims. The general mining law of 1872 unm digital repository. A lot has changed since this law was passed 143 years ago. The general mining law of may 10, 1872, as amended 30 u.
Download it once and read it on your kindle device, pc, phones or tablets. The mining law directly subsidizes extraction by allowing mining interests to. 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. Use features like bookmarks, note taking and highlighting while reading the mining law of 1872. 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.
A miningclaim located after the passage of this act, whether. Some changes in the 1872 law are needed, they say, but an 8 percent royalty would drive the u. In that time, countless discoveries and advancements have kept our country in. 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. It refers to the principle that title to a given tract of mineral land, with defined mining rights, goes to the individual who locates the surface covering the outcrop or apex. General mining law of 1872 amendments progress in congress posted on april 17, 2008 december 17, 20 h. The antiquated general mining law of 1872 is one of the last remaining dinosaurs of the old public land giveaways. Free access and the general mining law of 1872 by andrew p morriss, roger e meiners and andrew dorchak most discussions of the us general mining law of 1872 begin with the premise that the statute is an outdated relic of. The general mining act of 1872 university of colorado law. Lead mining in our region dates back to the very first french settlers before there was even a general mining law of 1872. This law, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public.
The general mining law of 1872 stands as a constant reminder of the colorful history of the old west. 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, approved on may 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in. Mining law of 1872 house office of the legislative counsel. The general mining act of 1872 history rhymes nineteenth.
The bill would replace the 1872 general mining law, which still governs mining for gold, copper, uranium and other hardrock minerals on publicly owned lands managed by the federal government. The general mining act of 1872 is a federal statute. This paper evaluates economic aspects of the discovery process on open federal lands. Mining here has left large tracts of wasteland locally. There were numerous inconsistencies and omissions in the 1866 and 1870 legislation. Prior to passage of the law there were no formal procedures to guarantee the legal right to mining claims. Abandoned mine land and federal facilities enforcement. 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.
Once a deposit is discovered, the prospector can stake a claim for. 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 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. In 1872 congress passed the law that governs hardrock mining on public lands. Mineral patents the blms mining law administration program.