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 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. This document is courtesy of the south west oregon mining association. It was sent to the senate where it was referred to the committee on energy and natural resources. Hello fellow wikipedians, i have just modified 2 external links on general. Grant was president, it still governs hardrock mining on federal lands today. An act to promote the development of the mining resources of the united may 10,1872. The act is one among the major statutes on federal land management policy. Grant, superseded the earlier laws and attempted to close their litigious loopholes by endowing the system with a more palatable uniformity. The general mining law of 1872 regulates the mining of certain mineral resources on federal public domain lands. The weaknesses in the general mining law of 1872 have for too long allowed public. Provided, that all the persons availing themselves of the provisions of this section shall be required to pay, and there shall be collected from them, at the time of making payment for their land, interest on the total amounts paid by them. Today the reform mining is an international multibillion dollar corporation mines are so large scale they are visible from outer space impacts of hard rock mining can potentially affect ground and surface water, aquatic life, vegetation, soils, air, wildlife, and human health.
A miningclaim located after the passage of this act, whether. The general mining act of 1872 has left a legacy of riches and ruin. Leasable subject to the various mineral leasing acts 3. It is long past time to update the general mining law of 1872. The general mining law of 1872 stands as a constant reminder of the colorful history of the old west.
The new act was more or less a more organized revision of the mining laws of 1866 and 1870, however, there were a few major changes in the 1872 act. Codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in ca and nev. The 42nd united states congress passed the legislation in april 1872 and president ulysses s. 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. Its pretty much the same deal miners have had for 129 years, ever since congress approved the general mining law in 1872. Although it was enacted 5 years ago when ulysses s. The 1872 national mining act emerged from decades of debate about mining and public lands. Read a fact sheet on s 140, the abandoned mine reclamation act of 2009. The 1872 mining law, which governs the transfer of rights to mine gold.
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. General mining act of 1872 open energy information. A general accounting office 1990, 5 report says that the evaluation. The mining act of 1872 digs up a lot of issues president trump has opened land to mining in california and utah. Law of the apex is a provision or a term related to mining law. General mining act of 1872 rural nevada democratic caucus. The general mining act of 1872 has left a legacy of riches. Only those minerals that are locatable are discussed in this pamphlet. General mining act of 1872 by denin bieberitz on prezi. General mining act law and legal definition uslegal, inc. Salable subject to mineral materials disposed of under the materials act of 1947, as amended federal laws, regulations, and legal decisions have. Provided, that all the persons availing themselves of the five per cent. The general mining act of 1872 granted extralateral rights to owners of lode claims.
The general mining act of 1872 helped open the west by allowing individuals to obtain exclusive rights to mine billions of dollars worth of hardrock minerals, including gold, silver, copper, uranium, and other valuable mineral deposits on land belonging to the united states without having to pay a federal royalty. Loren mall, the general mining act of 1872, in federal lands, laws and policies and the development of natural resources. While fair in its day, 125 years later many feel that the law is in need of some serious changes. In 1872 congress passed the law that governs hardrock mining on public lands.
The antiquated general mining law of 1872 is one of the last remaining dinosaurs of the old public land giveaways. Since the passage of the general mining act of 1872, miners have extracted billions of dollars worth of gold, silver, copper, and other hardrock locatable minerals from federal lands without having to pay a royalty. What is the general mining act of 1872, and is it still in. The general mining act of 1872 has left a legacy of riches and ruin, june 10, 2001. 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. Designed to refine rather than reinvent the wheel, its. Congress is now considering amending the general mining act to, among other things, assess a royalty to ensure that the public is compensated for hardrock minerals extracted from. An act to promote the development of the mining resources of the united may 10, 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. The 1872 mining law, the federal land policy and management act, environmental statutes and other applicable laws for over 5 years, the 1872 mining law has served to assure a reliable and affordable domestic supply of mineralsgold, silver, copper, lead, zinc, and uraniumcritical to our economy and national security. Federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. It succeeded in its goal and since then the west has been populated. Surface mining control and reclamation act of 1977 smcra.
The law permits individuals and corporations to prospect on public domain lands and to stake claims on mineral discoveries they make. Law of the apex law and legal definition uslegal, inc. Outline, natural resources, natural resources law, public lands, public land law, hard rock mining on public lands, general mining act of 1872, purpose of act. The general mining law of 1872 is literally an artifact of another era. The general mining law of 1872 the mining law of 1872, as amended, governs the prospecting for and the appropriation of metallic and most nonmetallic minerals on the 140 million acres of national forest set up by proclamation from the public domain. The general mining act of 1872 colorado law scholarly. A modest reform effort might retain the most vital aspect of the law the right of selfinitiation while eliminating the provisions of the law more prone to abuse. Federal register mining claims under the general mining. 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. Reforming the 1872 mining law taxpayers for common sense. An act to promote the development of the mining resources of the. Grant later that same year, the general mining act of 1872 was crafted in large part due to the various gold rushes from the 1840s into the late 1860s. The lawsuits urged both courts to stop the countys permit enforcement, saying the countys notice of violation conflicted with not just federal and state permits, but the general mining act of 1872.
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. Senate and house of representatives of the united post, p. Under the 1872 law, and its principal amendment of july. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Overall, congresss failure to update our 140yearold mining law is one of the most egregious, expensive and destructive failures in federal land management. General mining law of 1872 amendments progress in congress. The act authorizes and governs, prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. The enduring vitality of the general mining law of 1872. What is the mining law of 1872, mining act of 1987, general surface mining act of 1998 and the surface mining control and reclamation act of 1977 know about overburden, tailings and gangue.
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. Go to earthworks mining reform page for the latest information. 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. The use of mining claims for purposes other than mining has been extensive. Once a deposit is discovered, the prospector can stake a claim for ownership of. It does not cover fuel minerals such as coal, oil or natural gas, or common materials such as limestone. For the most part, it seems the majority of the news we hear about mining is negative. Sargent in january 1872 and signed into law by president ulysses s. An excellent, comprehensive discussion of the 1872 mining law and its impacts. The general mining law of 1872 unm digital repository. The mining law of 1872 was passed by congress to legitimize this booming. This paper evaluates economic aspects of the discovery process on open federal lands.
For authenticity, this document utilizes original images from the original government record housed by the library of congress. Under the mining law of 1872 the owner of a mining claim has the right to disturb the surface in search for minerals, including such acts as cutting timber and erecting structures neces16. The british crown, followed by american state and federal governments, experimented with the management of mineral resources. Their approaches ranged from reserving mineral wealth for the government to the leasing or sale of land.
But the law is no longer in harmony with modern social values. The general mining act of 1872 has left a legacy of riches and ruin by robert mcclure and andrew schneider, seattle post intelligencer reporters june 10, 2001 gold, silver, platinum and other precious metals for free. 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. 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. The general mining act of 1872 is a federal statute.
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