Mining Law- 2006- Anonymous- Grade A

Mining Law- 2006- Anonymous- Grade A - Mining Law Chapter 1...

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Mining Law Chapter 1: Hardrock Mining I. M INING L AW OF 1872 A. § 22 – “Except as otherwise provided (see reservations and w/drawals) all valuable mineral deposits (see discovery & common varieties) in lands belonging to the US shall be free and open to exploration and purchase.” However, operations may be restricted by “regulations prescribed by law.” B. § 23 – Lode claims: shall not exceed 1500 ft in length along the vein/lode, no more than 300 ft on either side of the middle of the vein. C. § 26 – Locator’s Rights of Possession & Enjoyment: Exclusive right of possession and enjoyment of the surface included w/in the lines of their locations, and the minerals through their entire depth downward. D. § 28b – Annual assessment work on claims: “The performance of not less than $100 worth of labor or the making of improvements aggregating such amount…” 1. Essentially assessment work – see Claim Maintenance E. § 35 – Defines placer claims. F. § 42 – Patents for Non-mineral Lands: Non-mineral land not contiguous to the vein or lode occupied by the proprietor of such lode for mining or milling purposes. II. R ESERVATIONS & W ITHDRAWALS OF P UBLIC L ANDS A. Rule: Public domain lands of the US are open to location under the Mining Law of 1872, unless they have been w/drawn. B. Executive Powers: 1. Historically: a. The President has the power to withdrawal lands that Congress previously opened for acquisition ( Midwest Oil ) i. Facts: President w/drew oil lands for the use of the Navy. 2. Modern: a. Strong executive power to reserve lands was repealed by FLPMA, with the exception of the Antiquities Act of 1906. FLPMA authorizes the SOI to “make, modify, extend, or revoke w/drawals but only in accordance with the provisions and limitations of” FLPMA § 1714: i. Spot w/drawals – less than 5,000 acres. 20 year limit. ii. General w/drawals – More than 5,000 acres. 20 year limit. Can be renewed. Subject to congressional veto. iii. Emergency w/drawals – SOI may make “emergency” w/drawals of any size for 3 years. b. Antiquities Act: President can reserve the smallest area compatible w/ the goal of reserving the land. This is very powerful – Clinton w/drawals. C. Legislative Powers: 1. Congress was granted the power “to dispose of and make all needful rules and regulations respecting the property of the US.” (US Constitution) D. Acquired Lands: 1. But, the public domain does not include acquired lands. E. Valid Existing Rights Provisions: 1. A monument or any other type of land w/drawal is subject to the valid existing rights on that land F. Lands Typically W/drawn:
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1. Most NPs, Forests, WAs, Monuments, Wild & Scenic Rivers are withdrawn now. However, you have to look to the specific act to know for sure. III. T YPES OF M INING C LAIMS A. 1) Lode Claims (§ 23) 1. Definition: A lode is “any zone or belt of mineralized rock lying w/in boundaries clearly separating it from the neighboring rock. This includes all deposits of mineral matter found through a mineralized zone or belt coming from the same source,
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