Download it once and read it on your kindle device, pc, phones or tablets. Julia simon of our planet money podcast went out west to learn how the law works. But the law is no longer in harmony with modern social values. For starters, aliens which have declared their intention to become citizens. Mar 30, 2018 to get the mining rights for that land, you have to follow americas mining law, which dates back to 1872. The general mining act of 1872 history rhymes nineteenth. Extracting minerals subsurface mining shaft mine direct vertical shaft to vein. 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. In that time, countless discoveries and advancements have kept our country in. Use features like bookmarks, note taking and highlighting while reading the mining law of 1872. An excellent, comprehensive discussion of the 1872 mining law and its impacts. 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. The general mining act of 1872 granted extralateral rights to owners of lode claims.
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 chaffee law of 1869 and the placer law of 1871 were combined into the general mining act of 1872. The ultimate use of mining claims was a point of interest in a recent gao study. For the most part, it seems the majority of the news we hear about mining is negative. 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. Mining here has left large tracts of wasteland locally. The act authorizes and governs, prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. Act of may 10, 1872 mining law of 1872 this title is not an official short title, but merely a popular name. A sensible revision of the general mining law of 1872. The general mining act of 1872 is a federal statute. This article is brought to you for free and open access by the law journals at smu scholar. The general mining law of 1872 regulates the mining of certain mineral resources on federal public domain lands. 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.
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. The weaknesses in the general mining law of 1872 have for too long allowed public. Led by environmental activists who are antagonistic to the mining law, critics are trying to change the present system. It succeeded in its goal and since then the west has been populated. The general mining law of 1872 governs the exploitation of minerals on federal lands. In 1872 congress passed the law that governs hardrock mining on public lands. Law of the apex is a provision or a term related to mining law. A lot has changed since this law was passed 143 years ago. Todays introduction coincides with the 146th birthday of the 1872 law, and an aggressive mining industry push to further erode already flimsy. 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 antiquated general mining law of 1872 is one of the last remaining dinosaurs of the old public land giveaways. Reforming the 1872 mining law taxpayers for common sense. Now some want to change that law, and here is why thats unnecessary. The general mining law of 1872 unm digital repository.
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. It was passed to promote the development and settlement of publiclyowned lands in the western united states. 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. There were numerous inconsistencies and omissions in the 1866 and 1870 legislation. 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. The 1872 mining law was signed into law by president ulysses s. When congress passed the general mining act of 1872, the wording was. The general mining act of 1872 university of colorado law. The general mining act of 1872 has left a legacy of riches and ruin, june 10, 2001. Apr 17, 2008 general mining law of 1872 amendments progress in congress posted on april 17, 2008 december 17, 20 h.
Some changes in the 1872 law are needed, they say, but an 8 percent royalty would drive the u. Changes sought to 1872 mining law us news environment. 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. 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. This law allows citizens of the united states the opportunity to explore for, discover, and purchase certain valuable mineral. 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. Grant was president, it still governs hardrock mining on federal lands today. One of its bedrock arguments is that overhauling the law would risk national security. The 1872 mining law has been under fire for decades, but the industry has been able to head off countless attempts at reform. Act of may 10, 1872mining law of 1872this title is not an official short title, but merely a popular name. The general mining law of 1872 stands as a constant reminder of the colorful history of the old west. The general mining act of 1872 has left a legacy of riches.
The law permits individuals and corporations to prospect on public domain lands and to stake claims on mineral discoveries they make. 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. Provided, that all the persons availing themselves of the five per cent. The enduring vitality of the general mining law of 1872. Applying principles of the general mining law of 1872 to incentive asteroid mining lauren e. Some changes in the 1872 law are needed, they say, but an 8. Aug 23, 2015 mining here has left large tracts of wasteland locally. Annual maintenance annual assessment work or annual fees for mining claims and sites. General mining law of 1872 amendments progress in congress.
The 42nd united states congress passed the legislation in april 1872. 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 mining law of 1872 consists of the act of may 10, 1872 r. 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. 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. When enacted, the law applied to all types of minerals on all federal lands. While fair in its day, 125 years later many feel that the law is in need of some serious changes. The act is one among the major statutes on federal land management policy. General mining act law and legal definition uslegal, inc. 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 miningclaim located after the passage of this act, whether.
Abandoned mine land and federal facilities enforcement us epa. General mining law of 1872 whats new in ecomaterials. 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. Grant over years ago, this law still governs hardrock mining on federal public lands, even though other national poli. Past, politics, and prospects kindle edition by bakken, gordon morris. Abandoned mine land and federal facilities enforcement. Julia simon of our planet money podcast went out west to. 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. The general mining law of 1872, signed by president ulysses grant, is the most outdated natural resource law in the nation. The mining law directly subsidizes extraction by allowing mining interests to. The general mining law of 1872, as amended, has five. 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. Although it was enacted 5 years ago when ulysses s.
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. These two laws were later subsumed by the general mining law of 1872. Congress kept tinkering with mining law in committee in 1871, and in 1872 the mining bill was on the floor. Mining law of 1872 house office of the legislative counsel. 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. 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 united states code is meant to be an organized, logical compilation of the laws passed by congress. Law of the apex law and legal definition uslegal, inc.
It was passed to promote the development and settlement of publiclyowned lands in the western united states a law that rips off taxpayers. The general mining law of may 10, 1872, as amended 30 u. All citizens of the united states of america 18 years or older have the right under the 1872 mining law to locate a lode hard rock or placer gravel mining claim on federal lands open to mineral entry. Prior to passage of the law there were no formal procedures to guarantee the legal right to mining claims. General mining law of 1872 amendments progress in congress posted on april 17, 2008 december 17, 20 h. Lead mining in our region dates back to the very first french settlers before there was even a general mining law of 1872. To get the mining rights for that land, you have to follow americas mining law, which dates back to 1872.
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. The 42nd united states congress passed the legislation in april 1872 and president ulysses s. Mineral patents the blms mining law administration program. 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.
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