But they appear blind to the biggest ongoing land grab in the nation—under the 1872 Mining Law. It essentially excludes citizens and communities from decision making about whether to allow mining on publicly owned lands. It can impact public health and residents quality of life, lower property values and result in the public really being locked out of their land. And it literally gives away publicly owned minerals with no compensation to the owners of the land, often at great cost to taxpayers.
Under the 1872 Mining Law publicly owned land containing valuable minerals and the valuable minerals found on these lands are, for all practical purposes, given away unless the area is formally withdrawn from the Mining Law. Yes, at the beginning of the 21st century, mining companies and individuals can still purchase land belonging to all of the people of the United States for $2.50 or $5.00 per acre. They can still remove billions of dollar of valuable minerals from these lands without paying the actual owners of the land anything. Not even a royalty is charged.
That these antiquated provisions of the 1872 Mining Law are still in effect today is so illogical that it's hard for the general public to understand—until mining becomes a threat to their quality of life, health or community.
The biggest land grabs in the nation happen under the 1872 Mining Law and not the Antiquities Act. Presidents have used the later to preserve in perpetuity the priceless natural jewels of the nation like the Grand Canyon, the Olympics, Lassen, Zion and Death Valley—for all the people.
Compare this with Crested Butte Colorado's 30 year struggle against mining on the mountain above the town. In 2004, under the 1872 Mining Law, the federal government was forced to sell 365 acres of National Forest land above the town for $5.00 per acre. The town tried to challenge the transfer of ownership of the land from the public to a mining company but the court found that the public had no say in the matter (even though it was publicly owned land. This is the 1872 Mining Law at the beginning of the 21st century.
A local spokesperson for those opposing protection of publicly owned lands says he owns a small motel. He should be asked how he would feel if a large mining operation were to start up next to the motel and how that would affect his property values, business and quality of life. This is what he's asking others to accept when he advocates for mining and against protection of national forest and BLM land.
As this blog develops we will explore mining's tragic impacts on communities such as Libby, Montana where hundred of miners, their wives and children have either died are are dying as a result of the mining of vermiculite, a form of asbestos. It's a toxic mess where hundreds of lives have been ruined and lost. And one that the taxpayer bears the burden of cleaning up. The impacts of mining on communities has happened right here in southern Oregon or could in the future. Here are some examples:
- The abandoned Silver Butte Mine that's leaching toxic waste above Riddle, Oregon;
- The neighbors of Glenbrook Nickel import facility in Coos Bay that had to file a class action lawsuit against the company;
- The neighbors of the Oregon Resources Mine between Bandon and Coos Bay faced with loses in property values and quality of life; and
- In the Illinois Valley with the proposed Nicore nickel mine at Rough and Ready Creek and the patent application there that would require that the federal government sell over 4,000 acres of botanically rich national forest and BLM land for $2.50 per acre.
Protected areas usually increase surrounding property values or at least they don't decrease them. Not not so with mines. While people are not "locked out of national monuments, wilderness or wild and scenic rivers this sign clearly demonstrates that this is not true with mining claims, especially those that become private property through the 1872 Mining Law's patenting process.
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| Sign posted on land in the Kalmiopsis Wilderness, which originally belonged to the public. In 1988 it was patented under the 1872 Mining Law and became private property. The public was paid $2.50 per acre for their land, where no trespassing signs are now posted. This is the real land grab. |
See also - Land grab page
