1872 mining law pdf

Applying principles of the general mining law of 1872 to incentive asteroid mining lauren e. Feb 05, 2019 the production of hardrock minerals on federal lands is governed by the general mining law of 1872. 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 discovery of hardrock minerals is regulated by the general mining law of 18721 which allows prospectors open access on unclaimed, open public domain lands in the western united states. The intent of the legislation was to promote the governments goal of westward. The general mining law of 1872 governs the exploitation of minerals on federal lands. Modern mining rush while efforts to reform the 1872 mining law have languished in congress over the years, the rapid rise in metal prices and lax u. Resources, community, and economic development division b229205 march 10, 1989 the honorable nick j.

It succeeded in its goal and since then the west has been populated. When the mining law was passed in 1872, it contained a provision for diligent development of the resources once minerals were discovered. An act to promote the development of the mining resources of the united states. Anderson this paper evaluates economic aspects of the discovery process on open federal lands. While fair in its day, 125 years later many feel that the law is in need of some serious changes. 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. Reforming the 1872 mining law taxpayers for common sense. Environmental case study should we revise the 1872 mining. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. Under the law, companies are not required to compensate taxpayers a fair market rate for the use of federal lands or the sale of publicly owned minerals extracted from them, including gold, silver, copper, and uranium, among others. All metals and certain valuable non metallic minerals diamonds, uranium, specialty clays, and others.

Law of 1866 and the placer act of 1870 into the mining law of 1872. A new, reformed mining law should end the process of patenting. May 12, 2018 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. By andrew p morriss, roger e meiners and andrew dorchak. Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located prior to may 10, 1872, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. Led by environmental activists who are antagonistic to the mining law, critics are trying to change the present system. But 6 years later, times have changed in the united states and so too has the mining industry. Features of mining law of 1872 miner acquires possessionownership of mineral rights in federal land by making a discovery of a valuable mineral deposit a discovery is a property right, protected by law because it is based in part on economics, some discoveries can change over time can be lost if mineral prices decrease.

Federal land managers are on record declaring that the 1872 mining law gives them no choice but to permit mining, no matter if the land is better used for recreation, conservation, renewable energy, or even fossil fuel extraction. The 1872 mining law allows multinational mining companies. Dec 01, 1997 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. Grant was in the white house, and it would be four years before the sioux and cheyenne sent george custer to sing with the unseen choir. The mining law of 1872 gives anyone the right to enter, stake a claim and prospect for minerals on public lands forest service or blm, no matter what other values may exist there, such as wildlife habitat, recreation, scenic beauty, or water resources. The 1872 mining law currently provides the mining industry with billions of dollar in subsidies. A law that rips off taxpayers the mining law directly subsidizes extraction by allowing mining interests to. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that all valuable mineral deposits in lands belonging to the united states, both surveyed and unsurveyed, are hereby. Rinehart appealed, and the california court of appeal reversed, recognizing that an outright ban on mining on federal. Time for reform 19th century policies hardrock mining on public lands in the western united states is governed by the general mining act of 1872 a law that has changed little since it was signed by president ulysses s. Download mining law of 1872 book pdf epub mobi tuebl and. Th e 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. 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. Multinational mining corporations are exploiting u.

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 and should be replaced with a modern system of. Environmental case study should we revise the 1872 mining law. Hardrock mining on public lands in the western united. According to a recent analysis of blm data, the number of active mining claims on federal lands. Sometimes these names say something about the substance of the law as with the 2002 winter olympic commemorative coin act.

Furthermore, they can deduct a depletion allowance from taxes on mineral profits. What follows is a text version of the 1872 mining act. Mining law of 1872 mining law of 1872 by david gerard. It was passed to promote the development and settlement of publiclyowned lands in the western united states. The trial court excluded the evidence of rineharts preemption defense. Nonmotorized recreational mining activities, including panning and sluicing are allowed. This pioneerera statute still gives metal mining priority status on many public.

Download in pdf, epub, and mobi format for read it on your kindle device, pc, phones or tablets. 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. If you hold a mining claim, that claim is treated as a righttomine by the federal government. The enduring vitality of the general mining law of 1872. The 1872 mining law, which governs the transfer of rights to mine gold, silver, copper, uranium and other hardrock minerals from federal lands. In the 1920 mineral leasing act 5 certain minerals, primarily coal, oil and gas, were excluded from disposition under the mining law. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, that all valuable mineral deposits in lands belonging to the united states, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the the lands in which. Motorized mining activities, including motorized suction dredging, are prohibited. 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 and should be replaced with a modern system of royalties, permits and concessions. The 1872 mining law granted to mining claimants the exclusive right of possession and enjoyment of the surface included within the lines of location. 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 general mining act of 1872 colorado law scholarly commons. Background the mining law of 1872 was enacted to promote exploration and devel opment of domestic mineral resources as well as the settlement of the western united states.

Prior to passage of the law there were no formal procedures to guarantee the legal right to mining claims. Under the 1872 law, mining companies dont pay a penny for the ores they take. Surface management provisions for hardrock mining i. Mining law reform should also include a fair financial return to the tax. Th e 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 entre. Todays introduction coincides with the 146th birthday of the 1872 law, and an aggressive mining industry push to further erode already flimsy. 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. The 1872 mining law was signed into law by president ulysses s. Chairman and members of the subcommittee, i appreciate the opportunity to discuss changes to the mining law of 1872 spcdically the proposals that would impose royalties on the extraction of minerals from public lands and impose fees on the holders of claims.

Features of mining law of 1872 miner acquires possessionownership of mineral rights in federal land by making a discovery of a valuable mineral deposit a discovery is a property right, protected by law because it is based in part on economics, some discoveries can change over time can be lost if. Mar 07, 20 journal of air law and commerce volume 78issue 1 article 2 20 asteroids, the new western frontier. This article is offered as a refresher on the law and as a reminder that the reasons for reform remain. Pdf hardrock mining for metals has been, and is, an economically important land use in all western u. The purpose of the mining laws of 1872 was to encourage mineral development in order to settle the west and establish the industrial base of. 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 the late 1840s through the 1860s. The original law applied to most mineral commodities. Senator dale bumpers of arkansas, who calls the 1872 mining law a license to steal, estimates that the government. States is governed by the general mining act of 1872. 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 o. The general mining law of 1872 patagonia area resource. Length of claims on veins or lodes mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar.

Nov 21, 2019 however, the biggest of all handouts to the mining industry started decades before donald trump was even born. The 1872 mining act was designed to promote westward expansion. 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. The intent of the legislation was to promote the governments goal of westward expansion while assisting settlers in their struggle to open up the nations wild frontier. An act to promote the development of the mining resources of the united may 10, 1872. Revised statutes which are derived from act may 10, 1872, ch. Download mining law of 1872 book pdf epub mobi tuebl and read. In 1872 congress passed the law that governs hardrock mining on public lands. Hardrock mining on federal lands taxpayers for common sense. University of colorado law school colorado law scholarly. Visit to tell congress to bring this 19th century dinosaur into the 21st century. This article is brought to you for free and open access by the law journals at. Lured by the prospect of gold and silver, miners helped extend the territorial reach of the united states. Senate and house of representatives of the united post, p.

In addition to the mining law of 1872, other federal laws apply to regulate the effects of hardrock mining e. Location of mining claims on public domain land did not begin with the 1872 mining law. Although mining law reform has been a perennial subject of debate, the drive for reform seems to have lost its vigor in recent years. The mining law of 1872 past, politics, and prospects. Homestead act of 1860 incentivized westward expansion, the general mining law of 1872 acted in reverse, codifying existing practices of settlers and miners already out west.