In 1992, the United States General Accounting Office estimated that under the patenting provision of the 1872 Mining Law 3.2 million acres of federal land was transferred from public ownership to private ownership. For these 3.2 million acres of land belonging to the public, the United States Treasury received either $5.00 or $2.50 per acre. In 1989, the GAO estimated that for the 20 patents it reviewed, the federal government had received less than $4,500 since 1970 for lands valued between $13.8 million and $47.9 million.
The longevity, injustice and strength of the 1872 Mining Law is hard to comprehend at the beginning of the 21st century. To this day, its central tenets remains in effect requiring that the federal government giveaway, for free, all valuable (hardrock) mineral deposits on publicly owned land—usually National Forests or Bureau of Land Management lands—that remain open to operation the antiquated statute. It also requires that these priceless heritage lands be given away for as little as $2.50 per acre if an individual or corporation can demonstrate that the area contains a valuable mineral deposit.
On top of this, it's the policy of the federal government to allow anyone to extract publicly owned minerals from publicly owned land, without even checking to see if there is a right under the Mining Law to do so. And in the case of National Forest lands, regulations are so lax that the agency now leaves it up to the miner to decide if they even have to notify the agency that they're mining in the area—a little gift from the Bush Administration that the current administration has doing nothing to correct.
The 1872 Mining Law essentially results in mining being treated as the highest and best use of land belonging to all citizens of the United States, even National Wild and Scenic Rivers, Wilderness Areas Botanical Areas, Areas of Critical Environmental Concern and critical habitat for threatened and endangered species.
Currently, the federal government's policy is that it cannot say no to a reasonable mining proposal, especially on National Forest lands where regulation of mining is even weaker than on BLM land. See the:
- High Country News on the struggle over the Rosemont Copper Mine in Arizona - Hardrock Mining Showdown,
- Testimony of Professor John Leshy before the House Natural Resources Subcommittee on Energy and Mineral Resources, and
- New York Times: The power to say no.
The patenting provision of the 1872 Mining Law is equally, or more egregious than the giveaway of mineral resources. It requires the federal government to essentially giveaway land, owned by all citizens of the United States, to individuals or corporations for $2.50 or $5.00 per acres, if the patent applicant demonstrates the mining claim or claims meets all the requirement of law. In his testimony before the House Natural Resources Subcommittee on Energy and Mineral Resources, Professor Leshy writes
... the Mining Law allows privatization of valuable public resources, at bargain- basement rates. This so-called patenting feature is the last vestige in federal law of nineteenth century public land disposal policy. Much abused for purposes that have nothing to do with mining, it has resulted in an area of federal land larger than the state of Connecticut passing into private ownership, much of it in scattershot inholdings that continue to complicate land uses throughout the West to this day. While Congress has since 1994 enacted appropriation riders to forestall new applications for patents, it must do so each year, or patenting resumes.
The patenting provision even applies in Wilderness Areas. While Congress withdraws Wilderness Areas from the Mining Law, valid existing rights are preserved—a fact that people who hike in the Kalmiopsis Wilderness are constantly reminded of when the silence and solitude otherwise guaranteed them are broken by the helicopters transporting supplies and tourist into the only private inholding in the Wilderness.
This now private 45 acres was owned by the public until 1988 when, under the 1872 Mining Law's patenting provision, the title to the land was transferred into private hands for $2.50 per acre. Now the current owner has set up a sort of helicopter assisted gold mining resort for clients who are not willing to do like other Wilderness users, hike into the remote area.
This now private 45 acres was owned by the public until 1988 when, under the 1872 Mining Law's patenting provision, the title to the land was transferred into private hands for $2.50 per acre. Now the current owner has set up a sort of helicopter assisted gold mining resort for clients who are not willing to do like other Wilderness users, hike into the remote area.
It's also true of 365 acres of National Forest land on the mountain above Crested Butte, Colorado. In 2006, the federal government was forced to giveaway the land for $5.00 per acre. The citizens of Crested Butte, who'd been fighting mining proposals on the mountain since 1977, tried to challenge the 1872 Mining Law giveaway but lost their court case. They're still fighting mining proposals but the job got even harder. For a summary of the Crested Butte struggle over mining and patenting see this article in the Colorado Springs Gazette.
In 1992, a Southwest Oregon man submitted an application to patent over 151 mining claims covering about 4,360 acres of National Forest and BLM land in the Rough and Ready Creek area under the 1872 Mining Law. At the time, it was the largest known patent application for lands containing metals. If granted he would pay $2.50 per acre to gain full title, and American citizens--who essentially own the public land--would have no standing to oppose this privatization of their land.
In 1994, Congress placed a moratorium on funding to process patent applications, except those grandfathered in. The BLM's processing of the man's patent was put on hold. To date, Congress has renewed the moratorium annually but the hold is fragile as leaned in the Fall of 2005, when legislation passed the House that would have lifted the moratorium and liberalized patenting provisions.
In 2001, he sued the United States of America under the 5th Amendment of the Constitution for allegedly taking his property (consisting of 151 unpatented mining claims). He's reportedly saying the United States of America owes him about $600 million. See 2003 Christian Science Monitor - "One creek as a test of western land use."
See also "The real land grab."In 1992, a Southwest Oregon man submitted an application to patent over 151 mining claims covering about 4,360 acres of National Forest and BLM land in the Rough and Ready Creek area under the 1872 Mining Law. At the time, it was the largest known patent application for lands containing metals. If granted he would pay $2.50 per acre to gain full title, and American citizens--who essentially own the public land--would have no standing to oppose this privatization of their land.
In 1994, Congress placed a moratorium on funding to process patent applications, except those grandfathered in. The BLM's processing of the man's patent was put on hold. To date, Congress has renewed the moratorium annually but the hold is fragile as leaned in the Fall of 2005, when legislation passed the House that would have lifted the moratorium and liberalized patenting provisions.
In 2001, he sued the United States of America under the 5th Amendment of the Constitution for allegedly taking his property (consisting of 151 unpatented mining claims). He's reportedly saying the United States of America owes him about $600 million. See 2003 Christian Science Monitor - "One creek as a test of western land use."
