Bill to change 1872 Mining Act reaches Congress

Legislation to repeal the mining law of 1872 was introduced recently by Representative Nick Rahall (West Virginia), chairman of the House Mining and Natural Resources Subcommittee.

In introducing the “Minerals Exploration and Development Act of 1990” (H.R. 3866), Rahall stated that it is aimed at providing a focal point for mining law debate. He maintained that the Mining Law survives as the last vestige of the 19th century western settlement measures. Some of the provisions of the law, Rahall insists, thwart efficient mineral exploration and development. He said, “Nothing short of legislation can fix this situation.”

Rahall described H.R. 3866 as a mining claim bill based on the principles of access to public domain lands and the right of self-initiation. The measure eliminates the concept of “discovery.” Rahall says discovery “is an illusory concept that is grounded in a quagmire of judicial and administrative pitfalls and fraught with time-consuming and expensive legal proceedings.”

The bill provides that once a mining claim is located and recorded, possessory rights are protected so long as there is compliance with rental, diligent development and filing requirements established by the bill.

Rahall has not proposed imposition of a production royalty. But H.R. 3866 eliminates the distinction between lodes and placer claims, eliminates extralateral rights, eliminates patenting and requires that mineral development be subjected to surface management regulations and the land use planning process.