General Mining Act of 1872

ByAdam Wirtz & Brandy

Stubbs

Overview

What does the General Mining Act of 1872 do?

The Act governs the use of Federal lands useable for mining.

The Act allow generally held public lands to be claimed by private citizens for mining purposes.

Private citizens claim a “Patent” on the land.

How to obtain a mining claim.

Find Federal land that has not been claimed by someone else, withdrawn, or designated for other use that also contains a valuable mineral. Claim the land.

Patented vs. Unpatented Mining Claims

Patented-through the patenting process, the claim becomes privately owned.Unpatented – the claim remains federal land, the miner has exclusive use rights of mining.

Maintaining An Un-Patented Mining Claim

Federal Land Policy and Management Act gives 2 requirements for maintaining an unpatented mining claim.

(1)Federal Recording System – Notices of location for the claims have to be recorded with the bureau of Land Management.

(2)Each year miners must file a notice of intention to hold the claim with the BLM and state officials & an annual assessment of work.

Annual Assessment of Work

Miners have to show that they put $100 worth of work each year – or pay $100 to the BLM (FLPMA) or you lose your claim.

Interior and Related Agencies Appropriations Act of 1993 allowed for the $100 rental fee in lieu of the yearly work requirement.

If a miner fails to provide the annual assessment of work by the deadline set by the BLM, you lose your right to the claim.

How To Obtain A Patent?

There are 7 steps to obtaining a patent…

1. Locate Land2. Survey3. File Application4. Notification5. Qualifications6. Patent7. Record

How To Obtain A Patent? Locate Land

• The miner must find a piece of land that is under Federal control.

• The Land must contain some type of mineable mineral.

Survey The Land• The miner must obtain a plat and corresponding field

notes made under the direction of the Surveyor General of the U.S.

• Must Show accurate boundaries of the claim.

File An Application• The miner must file an application for the land patent

with the local land office. • Given under oath, and includes the plat and field

notes.• Must describe the claim, including land marks.

How To Obtain A Patent? Notification

• The application and plat have to be posted on the land.• Notification must also be placed in local newspaper

and local land office.

Qualifications• 60 days to submit certification to Surveyor General

that a minimum amount of work has been done and that the plat is correct.

• In addition, the miner must be able to show a specified investment per year until the patent is issued.

How To Obtain A Patent? Patent

• After 60 days, if no adverse claim is filed, and the miner is in compliance with other regulations, the patent can be issued.

• The patent is issued in return for the miner purchasing the land from the Federal Government for a set price per acre.

Record• Records of the miner’s claim must include:

a) Name of locatorb) Date of locationc) Description of claim including natural landmarks.

Determining the Size of a Claim At the time the General Mining Act

was passed, it created very specific boundaries for claims.• Surface mines – miners may claim up to 1,500 feet

along the vein or lode and 300 feet on either side of the vein.

• Underground Mines - miners may claim any previously undiscovered veins within 3,000 ft. from the opening of the tunnel

• Adjacent Land – Miners may claim land not used for mining but to assist in the mining process.

What Rights Are Obtained? Miners have the right to form rules

and regulations for their territory, if the boundaries are clearly marked and do not conflict with U.S. laws.

Miners gain the right to possesion of their claim as well as use and enjoyment of all surface area.

How To Use Your Claim Surface Occupancy Permits

- A permit given by the BLM which allows miners to actually mine for the minerals they discovered on their claim.

- The BLM can determine what the terms of the permit are and can require an Environmental Impact Statement

Types of Mining Surface Mining

• Open-Pit/Quarry• Strip Mining• Placer Mining

Sub-Surface Mining• Drift Mining – Horizontal Tunnel• Slope Mining – Sloping Tunnel• Shaft Mining – Vertical Tunnel

Types of MiningOpen-Pit Copper Mine

Types of MiningCoal Strip Mine

Types of MiningGold Placer Mine

Coverage

Land Limitations The Mining Act only applies to Federal

lands, or lands in the public domain. The Mining Act only applies to Federal

lands on which mineable minerals have been located.

Persons Limitations The Mining Act only applies to those

who have established themselves as miners by profession.

The miner has to have found mineable minerals on federal land that is not claimed by another miner.

Law Limitations The Mining Act only applies as long as

the claims of miners or the mining of minerals does not violate any laws of the United States.

The Act cannot impair the existing rights of miners and their already existing mining claims.

However, the Mining Act is considered to repeal all inconsistent acts.

What is a Valuable Mineral? In order to have a claim, the miner has to find

a valuable mineral on the land. A valuable mineral has been described as

“where minerals have been found and the evidence is of such character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine.”

Marketability Test – Recent Court Test- The miner needs to show they can extract,

remove, and market the mineral and still make a profit.

What Is Not A valuable Mineral? The Mineral Leasing Act (1920) removed some

mineral resources from consideration for mining claims. - coal, oil, gas, shale oil, and some fertilizer

minerals Courts have ruled that congress did not intend

to include anything valuable within the mining act and have excluded certain resources. Water, peat, stalagmites, fossils, sand,

pumice, gravel and building stone.

Withdrawn Lands Not all federal lands are available for mining. The BLM has the ability to withdraw certain

lands from the Mining Act, making them unavailable for individual claims. This power is granted by the FLPMA

In addition, lands used as national parks, wilderness areas, wildlife refuges, and other types of land that have been withdrawn or designated as unavailable cannot be claimed.

Administration

Administration Consists of… Territorial Rules Bureau of Land Management Public Land Offices United States Surveyor General Courts

Territorial Miners can form specific territories, as

long as the territories are marked by clear and distinct boundaries.

Within those territories, miners can create rules and regulations to govern mining as long as they do not conflict with any U.S. laws.

Bureau of Land Management. The BLM is the administrative agency that has

authority over unpatented mining claims. Miners first have to file paperwork regarding the

location of their claim with the BLM and have to send the BLM their annual work assessment.

BLM’s authority comes from the Federal Land Policy and Management Act (FLPMA).

Mining activities can only be carried out pursuant to receipt of a permit from the BLM.

The BLM can require an Environmental Impact Statement (EIS) & require the miners to take or cease actions, in order to protect an environmental interest.

Public Land Offices To obtain a “patent”, miners have to

file paperwork with the Public Land Office which oversees the application process and granting of patents.

In addition, they help ensure proper notification is given to the local community and deal with any adverse claims.

United States Surveyor General Miners are required to go through the

U.S. Surveyor General in order to obtain necessary paperwork to be able to file an application with the Public Land Office.

Courts In the case of an adverse claim, the

issue is settled by a court with competent jurisdiciton.

Principal Elements

Land Requirements The principle land requirement is that

it be Federal land, or land in the public domain.

Must be land which there is no adverse claim.A claim by another miner for the

same land.

Miner Requirements The person making the claim must be a

miner by profession.

The person making the claim must have found mineable minerals on the land in question.

The person making the claim must file an application for patent.

Unpatented Claim Requirements The miner must file first file a notice of the location of

their claim with the BLM. Every year the miner must submit an annual

assessment of work showing that at least $100 of work was performed , or submit $100 as a sort of rent in lieu of the work assessment.

If the miners do not meet these requirements, they lose their claim to mine the land. The BLM follows strict adherence to these regulations, even paying a few days late can lead to the miner losing their claims.

Patent Requirements An application must be filed with the Public Land

Office. Proper notification to the local community including

posting on the land in question as well as publication in the local newspaper and notification placed in the Public Land Office.

Plat and field notes obtained under direction of the U.S. Surveyor General.

Certification by Surveyor General that all necessary inputs and improvements were made to the land in question by the miner including compliance with yearly input requirements.

Patent Requirements Documentation from miner that plat is correct along

with a detailed description of the land in question.

Absence of any adverse claim to the land in question.

Proof of citizenship, made either by personal affidavit of the claimant or by an agent of the claimant.

Key Definitions

Key Definitions Mine - An excavation made in the earth for the purpose of

extracting ores, coal, precious stones, etc.

Vein – A regularly shaped and lengthy occurrence of an ore.

Claim – Something that is claimed, esp. a piece of public land for which formal request is made for mining or other purposes.

Plat – A plot of ground, a plan or map, as of land.

Survey – to determine the exact form, boundaries, position, extent of a tract of land.

Links with Other Laws

Previous Laws The Mining Act specifically states that it repeals any

existing inconsistent laws, but does not impair previously existent mining claims.

There is a bit of discontinuity in that the Mining Act because it overrides all previous laws, but upholds prior mining rights.

Current Laws The Mining Act provides for a lot of freedom to

miners to create their own regulations and rules with regard to their mining territory, as long as they don’t violate U.S. laws.

Miners acting under the Mining Act must also act in compliance with Federal law regarding property ownership or use of Federal lands.

Miners must also act in compliance with any Federal laws regarding mining and applicable industries.

Federal law governing pollution-control and disposal of waste both on federal land and waterways also applies .

Laws regarding conservation of public lands and wildlife protection areas apply as well.

Current Laws Federal Land Policy and Management Act

(FLPMA) – among other things, this act allows for environmental concerns to be addressed.

It allows the BLM to require an EIS and to place conditions on land use permits to mitigate environmental damage.

The act also sets out the 2 requirements for maintaining an unpatented mining claim

Current Laws Mineral Leasing Act

This act removed some minerals from the list of valuable resources up for grabs.

- coal, gas, oil, shale.

Citizen Involvement and Remedies

Ways To Get Involved Citizens can file their own claims for mineable land. Citizens can file adverse claims to any claim that is

undergoing the patent process. Individuals can participate in the EIS process that can

be required by the BLM.• A court can issue injunctions until proper a proper

EIS is formed.

Effects on Aquatic Natural Resources

Effects of Surface Mining Placer Mining involves sifting through gravel

and sand, often along waterways.• This has an effect n the makeup and shape of

riverbeds.

Strip mining along waterways leaves mineral and soil deposits in the waterways.

Effects of Sub-Surface Mining Sub-surface mining usually takes place below

the water table, meaning water is constantly being diverted out of the mines and therefore diverted out of the water table.

• The water table is connected to rivers and streams

General Effects As a by-product of mining, chemicals are

released/dumped into waterways.• Chemicals can include sulfuric acid, arsenic,

and lead. Coal mining is especially bad at filling the

waterways with chemicals as the by-products of coal mining include a large number of harmful chemicals.

Acid mine drainage is the name given to what happens when the chemical by-products of mining are released into waterways.

General Effects Acid Mine Drainage (AMD) is the

name given to what happens when the chemical by-products of mining are released into waterways.

3 examples of the harmful effects of AMD on aquatic life are seen in …• Britannia Mine, Vancouver, British

Columbia• Susquehanna River• Tar Creek, Picher, Oklahoma

Britannia Mine Britannia Mine was a Copper Mine on the Howe Sound in

British Columbia.

The Howe Sound is an inlet from the Pacific Ocean and was home to several species of marine life and served as a feeding ground for juvenile salmon (emphasis on the past tense).

As the mine has been exposed to air and water from rain and snow, the sulfur deposits in the rocks leak a sulfuric acid solution that has built up and leaches heavy metals from the ground into groundwater and surface water (AMD), all of which ends up in Howe Sound.

Also, as groundwater passes through the leftover deposits in the mines, it carries off metals into Howe Sound.

Britannia Mine A current treatment system is in place which processes

approximately 12 million liters of water per day and removes approximately 600,000 kg of heavy metals each year.

Before the system was put into place, an estimated 300 kg each of zinc and copper made its way into Howe Sound, in addition to aluminum, cadmium, iron, and manganese.

As part of an experiment, cages of fish were placed in Britannia Creek and another nearby creek.• The fish in the Britannia Creek died within 48 hours.• The fish in the other creek had a 100% survival rate.

Susquehanna River In the 1950’s, a hurrican flooded anthracite coal mines

alont the river, potentially as far as 50-75 miles. The mines were closed and left filled with water that slowly

leached acid and minerals into the nearby river. In many areas of the river basin, the wildlife habitat has

been severely impacted by the AMD, and some no longer support life.

In West Carol Township, an 18 acre waste coal pile is still leaching sulfuric acid into the river. There are approximately 1.3 million tons of coal at the site, some of which is slowly burning.

Large amounts of funds have been earmarked to clean up the river.

Tar Creek Tar Creek is home to a former lead mine.

As part of the lead mining process, large piles of chat, or small gravel, some as large as 100 feet tall, are left scattered all over the area. These piles blow a zinc and lead dust over the area

Groundwater has filled the old caverns left over from mining and carries lead with it into deep water wells used by the towns people and Tar Creek which drains into the Neosho/Grand River and Grand Lake.

Tar Creek As a result of this lead in the water, the EPA is saying its

unsafe to eat certain parts of bottom feeder fish (like catfish) that are caught in the Grand River below Tar Creek.

The EPA also made Tar Creek a superfund site in 1983 (its sill on the superfund list), spending over $100 million to clean up topsoil in the area.

Leading and Illustrative Rulings

F.W.A. Holdings, Inc. v. U.S. Dept. of Interior

Plaintiffs did not get their $100 payment to the BLM before the yearly deadline because it had been mailed to the wrong address.

The BLM claimed that the payment was late and the reason did not matter.

The court found that the plaintiffs had enough notice of the proper place to mail the payment therefore should have made the payment on time.

Because the payment was late, the plaintiffs lost their rights to the claim.

Western Watershed Project v. Rosenkrance

The BLM created a plan of operation to deal with the environmental impact of mining on a certain claim.

The BLM asked for public comments and criticism. The BLM then created two other alternatives to the original

plan, but did not get any public comments on either plan. The court found that a minimum amount of public

involvement is required. The BLM did not create an EIS with regard to a certain

claim. And the court held that the BLM was required to create an EIS.

The court issued an injunction until a proper EIS was created

In one are of the minigng claim, the court found that the cost to the environment woul dbe immense and ordered no mining in that area.

In other parts, some minging was allowed.

Sierra Club, et al v. Penfold, et al

The court looks at injunctions that have been put into place to determine if they are valid.

The court looks at how long it would take to create an adequate EIS, and what environmental concerns are involved.

In this case, the main environmental concern is water quality.

Utah v. Andrus, et al

In this case, the court clarifies that in creating an EIS, the BLM does not have to look solely at environmental factors before designating it a Wilderness Study Area.

They can also include facts about the potential value of resources or any other potential uses.

These factors can be included in their final recommendation of what should be done with the land.

Grover v. U.S.

This case challenges the Energy Policy Act of 1992. Under this act, anyone with an unpatented mining claim where the

resources is one removed by the Mineral Leasing Act is no longer able to file for a patent.

Plaintiffs argued this was a taking, but the court found that Congress was within its right to pass this act.

In addition, the court stated the principle that until a patent has been given with respect to a mining claim, Congress has the right to set its own requirements and change those requirements, including the right to gain a patent.

U.S. v. Coleman

Under this act, anyone with an unpatented mining claim where the In this case the court looked at what constitutes a valuable mineral and decided to use a profitability or marketability test.

The marketability test requires the miner to show that they can extract, remove, and market the mineral at a profit.

Limitations on Effectiveness of the Mining Act

Effectiveness Withdraw – limits the land area open to mining

claimed The BLM takes into consideration the cost to

miners to protect the environment before designating areas as Wildlife Study Areas not suitable for mining.

Courts take into consideration the cost to miners when determining the scope of injunctions and often allow some mining to occur

Possibilities for Reform The biggest problem is that some of the best

places to set up mines are along rivers or streams.

The best possibility for reform is to require clean up in the plans of operation, or surface use permits granted by the BLM.

Alternatively, more land can be withdrawn so that it is not eligible to be claimed for mining.

Increasing BLM funding will also make it easier fo rthe BLM to enforce existing regulations.

Enforcement of BLM regulations can lead to the loss of unpatented mining claims.

Possibilities for Reform The Hardrock Mining and Reclamation Act of

2007• This act passed by the House in 2007, would

permanently end granting patents for mining claims and• 4% royalty on gross revenues on existing

mining from unpatented mining claims.• 8% royalty on new mining operations.• Private mineral rights would not be affected.

• 70% of the money would go to cleanup funds for past mining.

• 30% would go to affected communities.• Bill is expected to face opposition in the Senate, and

President Bush has threatened to veto.