Mining Law of 1872
The foundational federal law governing the location and patenting of mining claims for hard rock minerals on public lands.
Detailed Definition
The Mining Law of 1872 (also known as the General Mining Law) is the primary federal legislation governing the location of mining claims for locatable minerals on public lands. It codified practices that developed during the California Gold Rush.
Key provisions of the Mining Law: - Citizens can locate mining claims on federal lands open to mineral entry - Discovery of a valuable mineral deposit is required - Claims must be properly located, monumented, and recorded - Claimants gain possessory rights to extract minerals - Originally allowed patenting (conversion to private ownership)
Historical context: - Preceded by the Lode Law of 1866 and Placer Law of 1870 - Designed to encourage western settlement and mineral development - Has remained largely unchanged for over 150 years
Modern modifications: - Annual maintenance fees or assessment work required (since 1993) - Patent moratorium in effect (since 1994) - Increased environmental regulations - Surface management regulations (43 CFR 3809)
The Mining Law remains the foundation of hardrock mining rights on federal lands despite ongoing reform debates.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Locatable Minerals
Minerals subject to exploration and extraction through mining claims under the Mining Law of 1872.
Discovery
The finding of a valuable mineral deposit within the boundaries of a mining claim, required to establish a valid claim.