General Mining Law changes

BACKGROUND: The General Mining Law, a land tenure law also known as the Mining Law of 1872, superseded the Lode Law of 1866 and the Placer Act of 1870.  The General Mining Law today includes the provisions of the Mining Law of 1872 as modified by several dozen federal statutes, supplemented by administrative regulations and state law, and interpreted by thousands of judicial opinions over the last 100 years.

Exploration, development and mining activities pursuant to the General Mining Law on the public domain lands are also subject to a separate body of environmental laws and regulations, including the National Environmental Policy Act, the Clean Water Act, the Clean Air Act and the Endangered Species Act.  In addition, land management agencies impose surface management and reclamation regulations on exploration and mining activities.

The General Mining Law authorizes entry upon the public domain for mineral exploration.  Under the law, an explorer may create a valid property interest in unappropriated public domain land by staking a claim.  However, certain public lands, such as wilderness areas, are not available for mineral exploration.

The property interest established in an unpatented mining claim encompasses an exclusive right of possession for further exploration, development and mining purposes although the title of the land remains with the federal government.  This discovery must be capable of supporting evidence that justifies the further expenditure of labor and capital with a reasonable prospect of developing a profitable mine.  The explorer must perform annual work requirements to maintain rights in the unpatented claim.

If all of the stringent statutory and regulatory requirements are met, the claim holder may, through the patenting process, obtain title to the minerals and surface land covered by the claim.  A claim may then be developed and mined with confidence by the claim holder, resulting in the creation of jobs and tax revenues to the public.

POLICY: The General Mining Law is the cornerstone of America's and Idaho’s mining industries.  The Idaho Mining Association supports the General Mining Law specifically the provisions that:

• authorize the entry upon public lands for mineral exploration without prior administrative review or approval;
• authorize self-initiated exploration and discovery activities;
• provide tenured property rights to minerals which are discovered;
• authorize the transfer of mineral ownership to the private sector from the federal government; and
• guarantee the right to develop marketable mineral deposits.

The Idaho Mining Association has consistently opposed changes to the General Mining Law that would:

• further restrict or regulate access to federal lands which are open for mineral exploration;
• allow federal land managers to approve or deny the right to mine; or
• impose unfair or punitive fees, taxes or other payments on mining activities or on the minerals produced.

The Idaho Mining Association supports changes to the General Mining Law that would:

• require the payment of fair market value for land surfaces to be acquired through patenting;
• provide that the title to any land or minerals to be acquired through patenting revert back to the federal government if the land is put to unauthorized, non-mining use;
• require that federal mined land be reclaimed under state reclamation standards where they exist (as in Idaho) or, otherwise, under federal reclamation standards; and enhance federal land managers' authority to deal with illegal occupancy on mining claims.