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Topic: Mining Act of 1872

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	Hard rock mining - Wikipedia, the free encyclopedia
		Hard rock mining is used for mining many ore types such as gold, copper, zinc and diamonds.
		The deepest hard rock mine in North America is a nickel mine in Sudbury, Ontario.
		The deepest hard rock mines in Australia are the copper and zinc lead mines in Mount Isa, Queensland.
	en.wikipedia.org /wiki/Hard_rock_mining (261 words)

	mining. The Columbia Encyclopedia, Sixth Edition. 2001-05 (Site not responding. Last check: 2007-10-29)
		Strip mining (see coal mining), open-pit (or open-cut) mining, and quarrying are the most common mining methods that start from the earth’s surface and maintain exposure to the surface throughout the extraction period.
		A major factor in the decision to operate by underground mining rather than surface mining is the strip ratio, or the number of units of waste material in a surface mine that must be removed in order to extract one unit of ore. Once this ratio becomes large, surface mining is no longer attractive.
		The entry from the surface to an underground mine may be through an adit, or horizontal tunnel, a shaft (see shaft sinking), or vertical tunnel, or a declined shaft.
	www.bartleby.com /65/mi/mining.html (1008 words)

	Mining Act of 1872 (Site not responding. Last check: 2007-10-29)
		The Mining Act of 1872 is U.S. federal legislation which authorizes and governs prospecting and mining for hard rock minerals such as gold and silver.
		It codifies the system of acquiring mining claims on public land that was formed in California and Nevada in the late 1840s, 1850s, and 1860s, during periods such as the California gold rush.
		The acquisition of mining rights on public land in the West is mostly governed by the 1872 act.
	www.worldhistory.com /wiki/M/Mining-Act-of-1872.htm (281 words)

	[No title]
		The General Mining Act of 1872, and its antecedents, the Lode Law of 1866, and the Placer Act of 1870, simply codified what the miners, their bankers, and local governments had worked out for themselves in the absence of a workable national minerals policy prior to 1866 (Sokoloski and Deery, 1997).
		Sidebar: LEAD MINE EXPERIENCE The Federal leasing system for lead mines, which was based on legislation passed in 1807, was bitterly contested by lead miners complaining that lease durations were too short, the land grants were too small, and the method of paying royalties were too difficult.
		This Act was to enhance environmental quality and conserve materials by developing national materials policy to utilize present resources and technology more efficiently, anticipate future materials requirements of the Nation and the world, and to make recommendations on the supply, use, recovery, and disposal of materials.
	pubs.usgs.gov /of/2002/of02-418/policy.txt (14574 words)

	"Capitol Hill's longest-running outrage" by Dale Bumpers
		The Newmont Mining Company, for instance, is paying a private landowner an 18 percent royalty for the right to extract gold from his land in Nevada.
		Because mining companies must often pay a high premium to buy land that is rich in mineral deposits, the government allows them to recover that premium by taking a tax deduction on the value of the minerals they subsequently extract.
		After all, the land the mining companies purchase is an asset--and the more they extract from that land the more it depreciates in value, so it's only fair for their tax bill to reflect that.
	www.washingtonmonthly.com /features/1998/9801.bumpers.html (2069 words)

	Publications and Information Resources
		The General Mining Act of 1872 provides that all valuable mineral deposits in lands belonging to the United States should be open to exploration and purchase by U.S. citizens.
		Mining wastes are generally covered by other environmental statutes, if they fall within the general requirements of those statutes.
		All operators of coal mines must pay a reclamation fee, which ranges from nacec.10 cents to 35 cents per ton depending on the type of coal and whether it is surface mined or mined from nacec.underground.
	www.thecre.com /fedlaw/legal26/us18.htm (1318 words)

	[No title]
		Both the Alaska Statehood Act and the state statutory scheme were enacted against the background of the distinction that then existed (and still exists) under federal law between the system of mineral location under the Mining Act of 1872, ch.
		The only distinction between Section 6(i) and the 1927 Act is that Section 6(i) does not require that "the proceeds and rentals and royalties" of mineral leasing be utilized only for school purposes, since the basic grants under Section 6(a) and (b) of the Alaska Statehood Act are not limited to school purposes.
		In those other States, however, the exclusion from the 1927 Act of lands whose mineral character was not known at the time of statehood did not reflect a decision by Congress to exempt the mineral deposits in such lands from all restrictions on their use and disposition.
	www.usdoj.gov /osg/briefs/1987/sg870107.txt (7778 words)

	[No title]
		Section 43 permits the states to regulate the competing interests of miners in the development of their respective mines; it does not authorize the states to conduct wholesale regulation of mining on federal lands as part of a regional or local land use management scheme.
		Section 601 of the Surface Mining Control and Reclamation Act authorizes the Secretary of the Interior to review whether an area "may be unsuitable for mining operations" because of "an adverse impact on lands used primarily for residential or related purposes" (30 U.S.C. 1281(a) and (b)).
		Elkhorn Mining Co., 163 U.S. The holder of a perfected mining claim may obtain a federal patent to the land by verifying his location of a valuable mining claim, complying with various notice and recording requirements, and paying required fees.
	www.usdoj.gov /osg/briefs/1986/sg860450.txt (8490 words)

	Mining and Mineral Leasing (Site not responding. Last check: 2007-10-29)
		Mining and Mineral Leasing: several laws govern mining and activities related to mineral leasing on public lands, including refuges, except as specific provisions are made otherwise.
		Mining Act of 1872, as amended (30 U.S.C. 21, et seq.) authorizes and governs prospecting and mining for the so-called "hardrock" minerals (such as gold and silver) on public lands.
		Geothermal Steam Act of 1970, as amended (30 U.S.C. 1001 et seq.), authorizes and governs the lease of geothermal steam and related resources on public lands.
	www.fws.gov /laws/lawsdigest/minemin.html (299 words)

	The Past and Present Mining Frontier
		The Mining of the West for a broad overview.
		Thanks to the 1872 Mining Law, these companies do not contribute revenue to the United States Treasury in return for the minerals taken from the public lands.
		Nearly all mining in the West is found on federal, or formerly federal, land, and the government's tacit acquiescence to the trespasses of the forty-niners in California 's Sierra Nevada range firmly established the policy of turning its mineral land over to prospectors and developers on demand.
	www.colorado.edu /AmStudies/lewis/west/mining.htm (1871 words)

	The General Mining Act of 1872 has left a legacy of riches and ruin (Site not responding. Last check: 2007-10-29)
		Heap-leach mining of gold on land that was once part of the Fort Belknap Indian Reservation in northern Montana has left the Little Rockies scarred and the reservation's water fouled.
		Galactic was one of a series of small mining companies, often financed through the loosely regulated Vancouver Stock Exchange, that rose to prominence during the mining boom before crashing in bankruptcy.
		The NAS panel concluded that mine regulations "are generally well coordinated, although some changes are necessary." It listed seven "regulatory gaps," including "financial risks to the public and environmental risks to the land" because companies sometimes post inadequate bonds to pay for reclamation after mining ends.
	seattlepi.nwsource.com /specials/mining/26875_mine11.shtml (4434 words)

	Earthworks - 1872 Mining Law (Site not responding. Last check: 2007-10-29)
		Under the 1872 Mining Act, the company paid about $5 an acre - in an area where a tenth of an acre on the free market fetches $100,000.
		Thousands of old mining claims dot our mountains near resort towns, land that could be attractive to developers eager to meet the demand for resort properties.
		The 1872 Mining Law is the last vestige of public resource giveaways originally enacted to encourage the settlement of the western U.S.
	www.mineralpolicy.org /ewa/news.cfm?newsID=2&catID=51 (667 words)

	The West as "Dependent" of the Federal Government
		Lyndon B. Johnson 's signature on the Wilderness Act of 3 September 1964 signified the extent of that group 's strength, and it brought new cries from some westerners that the Old West was about to be turned into a preserve for bird watchers.
		Further, this extraordinary law allows successful mining operations to obtain title to the land overlying the deposit; miners can receive as many 20-acre parcels as they wish, providing only that they discover valuable minerals under each.
		Wages from the mills, mines, farms, and ranches-and from construction projects for dams and roads-end up in the markets, restaurants, gas stations, and clothing stores, and in the local school and park budgets, too.
	www.colorado.edu /AmStudies/lewis/west/depend.htm (2907 words)

	April 1998
		The 1872 Mining Act has been under intense activist pressure for decades, but powerful mining Interests have managed to keep it from being amended or repealed.
		A letter he recently wrote to President Clinton regarding the mine has borne fruit; Barrett, who has a long and ongoing relationship with the Clinton administration, has received a response from the president, which, in one part, voiced concern over the impacts a mine near Mammoth could have on the environment.
		McNeill and the mining committee are also preparing for a presentation to the board of supervisors March 17.
	www.flyfishingjournal.com /archives/cn199804.htm (1132 words)

	Living on Earth: Claiming Public Lands
		Jiron, who works for a local mining watchdog group, says many of those people may not be aware that much of the forest is subject to privatization and development by mining companies.
		JIRON: The 1872 mining law really was meant to promote people with pickaxes on foot who are going to dig small tunnels, and not big, huge mines that are going to have big piles of toxic chemicals and things like that.
		In the meantime, both environmentalists and mining companies continue to use the 1872 mining law to lay claim to tens of thousands of acres of public lands.
	www.loe.org /shows/segments.htm?programID=05-P13-00043&segmentID=4 (1056 words)

	1872 Mining Act/Good Samaritan feature (Site not responding. Last check: 2007-10-29)
		David Stiller, CU Professor and author of “Wounding the West: Montana, Mining and the Environment,” pointed out that safe drinking water for humans is not equivalent to clean water for fish and other aquatic life.
		Passed in 1972, the Clean Water Act was intended to regulate mining companies against environmental contamination.
		Yet, the oil and natural gas mining industries were removed from the protective umbrella of the 1872 General Mining Act in 1920 and have been taxed ever since.
	newmedia.colorado.edu /editing/pages/5914.html (1047 words)

	REP America's policy paper on Public Lands
		As a related consideration, REP America considers the Mining Act of 1872 as egregiously outdated and obsolete, and patently counterproductive to the best interests of twenty-first century America.
		The Antiquities Act has been used by numerous Presidents of both parties from Theodore Roosevelt to the present to effect the preservation of numerous outstanding examples of America's natural and cultural heritage.
		These factors were recognized by the BLM Organic Act of 1976 (Federal Land Policy and Management Act), which brought the management of these lands more on a level with lands administered by the National Park Service, U.S. Forest Service, and U.S. Fish and Wildlife Service.
	www.repamerica.org /policy/publiclands.html (1319 words)

	U.S. Department of the Inteior: The Department of Everything Else
		Since 1977 the Bureau of Mines has been primarily a research and fact-finding agency for nonfuel minerals, fossil fuels technology having gone to the Department of Energy and mine health and safety concerns to the Department of Labor.
		The Office of Surface Mining Reclamation and Enforcement was established by the Surface Mining Control and Reclamation Act of 1977.
		The Taylor Act authorized the Secretary of the Interior to place 80 million acres of the public domain in grazing districts (the limit was later increased, then dropped) and set rules and fees for grazing permits.
	www.cr.nps.gov /history/online_books/utley-mackintosh/interior9.htm (1084 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Secretary's "administrative recording of an applicant's compliance with the initial paperwork requirement of the Mining Law." Id. The patent does not issue until the claim is determined to be valid; before the determination, a mineral examiner must complete a mineral report and the Secretary must review the entire application.
		As part of the Department of the Interior and Related Agencies Appropriations Act of 1995 ("Appropriations Act"), Congress imposed a moratorium on processing mining patent applications unless revisions were made to the General Mining Act of 1872 by the time Congress adjourned sine die.2 Pub.
		Humboldt Placer Mining Co., 371 U.S. In fact, the Secretary has no authority to issue a patent until he is satisfied that the applicant has fully complied with the requirements.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=9th&navby=case&no=9615732 (2906 words)

	A timeline of mining reform efforts (Site not responding. Last check: 2007-10-29)
		The Federal Land Policy and Management Act bars "unnecessary or undue degradation" of land preserved for multiple use, although mining is presumed the best use.
		Washington Sen. Henry "Scoop" Jackson introduces similar legislation for hard-rock mining but is blocked by Rep. Morris Udall, D-Ariz., who declares"I may not have seen the light on this issue, but I have felt the heat" after he is burned in effigy for initially supporting Jackson.
		New rules allowing officials to block mines that would cause "irreparable harm" are adopted in the final two months of the Clinton administration.
	seattlepi.nwsource.com /specials/mining/27411_timeline.shtml (605 words)

	1872 Mining Act/Good Samaritan feature (Site not responding. Last check: 2007-10-29)
		The EPA estimates that at least 40 percent of the headwaters in Western states are contaminated by mine waste.
		Not surprisingly, the hardrock mining industry opposed the tax, and it was stalled in the senate.
		According to Young, the mining industry feared that a potential reform of the 1872 law might assess even more royalties on them, resulting in “double dipping.” So, Udall and his staff worked together with the mining industry, the environmental community and the western
	newmedia.colorado.edu /editing/pages/5501.html (1165 words)

	Committee on Resources (Democrats) - Press Release - TIME TO DIG UP THE MINING LAW OF 1872: Reform Bill Establishes ... (Site not responding. Last check: 2007-10-29)
		Shays said, “The mining industry has the biggest sweetheart deal in the country.
		Mining companies are not paying royalties for minerals taken from public lands.
		It is a blight to our nation's honor that we have not improved upon the source of such major environmental problems.
	resourcescommittee.house.gov /democrats/pr2002/020516mininglawrelease.html (305 words)

	RANGE magazine.com, the Cowboy Spirit on America's Outback
		In the mining state of Nevada, for example, nearly 80 percent of all claimants hold between one and 20 claims, as opposed to the 36,000 claims held by nine large companies.
		That is particularly true on public land, where the Mining Act of 1872 still offers the last remaining opportunity of converting federal property into private use.
		Deep mounds of regulations and requirements piled up over years stand in the way of opening a new hole in the public earth today, but mining operators have found their way through most of them in the past 25 years to produce a record of regeneration and renewal of mining lands.
	www.rangemagazine.com /archives/stories/thewest/west2000_11.htm (773 words)

	Dr. Glenn Miller
		After all, the state's mining law, the Mining Act of 1872, hadn't been revised in more than a century.
		I was getting huffy, and I told a friend of mine, 'Next time Newmont tries to build an out-house, they're going to have a write an EIS (Environmental Impact Statement) before they do it.' But I got a call from them, and they told me they wanted to support our bill.
		But they wanted something that was defensible, that would meet a standard that Newmont as the major mining company in Nevada could tell the rest of the country that, 'Yes, Nevada does have a mining law that is a reasonable mining law.' This is what ours was.
	www.jour.unr.edu /outpost/outdoors/out.trent.miller3.html (424 words)

	Washington Monthly: Capitol Hill's longest-running outrage: Congress winks while the mining companies shaft the ...
		Joining the Senate in 1975 was a traumatic experience for me. I had been governor of Arkansas for four years and I was accustomed to making policy, giving my approval to legislation that I thought had merit, vetoing legislation that didn't, and, in general, making things happen with stroke of a pen.
		If the claim-holder can prove to the Department of Interior that his claim contains commercially producible hardrock minerals, then the government must grant the applicant a deed or "patent" to the lands for the princely sum of between $2.50 to $5 per acre.
		However, companies that mine public land not only do not pay a premium for the minerals in that land, they are able to purchase the land at the below-market, laughable rate of $2.50 per acre.
	www.findarticles.com /p/articles/mi_m1316/is_n1_v30/ai_20239555 (1432 words)

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