Mining on Federal Lands Page: 4 of 17
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09-10-02
MOST RECENT DEVELOPMENTS
Near the end of the first session of the 107th Congress, some Members of Congress and
Administration officials expressed interest in moving a mining law reform bill during the
second session. The most recent bill to reform the General Mining Law of 1872 was
introduced on May 16, 2002 by Nick Rahall and Christopher Shays. This bill would require
an 8% net smelter return royalty on hardrock minerals, a reclamation plan, financial
guarantees for cleanup, and an unsuitability review. It would also establish an abandoned
locatable minerals mine reclamation fund and allow for civil suits by individuals. Another
reform bill was introduced on March 20, 2002, by Mark Udall. The Abandoned Mines
Reclamation Act of 2002 (H.R. 4078) would establish an Abandoned Minerals Mine
Reclamation Fund to help finance the cleanup of inactive or abandoned mine sites in certain
eligible states. Its revenues would come from a reclamation fee imposed on producers of
hardrock minerals that received a claim or patent under the General Mining Law of 1872.
BACKGROUND AND ANALYSIS
Background
The purposes of the 1872 Mining Law were to promote mineral exploration and
development on federal lands in the western United States, offer an opportunity to obtain a
clear title to mines already being worked, and help settle the West. The Mining Law granted
free access to individuals and corporations to prospect for minerals on open public domain
lands, and allowed them, upon making a discovery, to stake (or "locate") a claim on the
deposit. A valid claim entitles the holder to develop the minerals. The 1872 Mining Law
originally applied to all valuable mineral deposits except coal.
Public domain lands are those retained under federal ownership since their original
acquisition by treaty, cession, or purchase as part of the general territory of the United States,
including lands that passed out of but reverted back to federal ownership. "Acquired" lands
- those obtained from a state or a private owner through purchase, gift, or condemnation
for particular federal purposes rather than as general territory of the United States -are
subject to easing only and are not covered by the 1872 Law. Some public lands may be
withdrawn or closed to mineral entry.The 1872 Mining Law was one of the primary forces behind the development of mineral
resources in the West, along with the industries and services that supported mineral
production. Major hardrock minerals developed in the West include copper, silver, gold,
lead, zinc, molybdenum, and uranium. During the 19th century, major mining districts for
silver and gold were developed under the Mining Law in Colorado, California, Idaho and
Nevada. Early in the 20th century, there were major developments of porphyry copper in
Arizona. Large molybdenum and tungsten deposits in Colorado were also developed. The
Mining Law continues to provide the structure for much of the Western mineral development
on public domain lands. Western mining, although not as extensive as it once was, is still
a major economic activity, and a high percentage of hardrock mining is on public lands.CRS-1
IB89130
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Humphries, Marc. Mining on Federal Lands, report, September 10, 2002; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs3289/m1/4/?q=%2522natural%2520resources%2522: accessed May 2, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.