Mining Law

Mining law is essentially a branch of the law of real property. It concerns acquisition of property for extracting contained minerals, and the rights, privileges and duties that fall upon the holder thereof once the rights are acquired Accordingly, this section focuses on the procedures to be followed in acquiring state. federal and private lands, and defines briefly the nature of the rights obtained. The mining laws of Canada and Mexico are summarized, and the related subjects of minerals taxation and governmental regulation are discussed briefly. This section is not intended to be the basis for legal decisions. Rather, its purpose is to provide the engineer with an understanding of basic principles and procedures. For a detailed treatise of mining law, reference can be made to The American Law o] Mining, a five-volume set edited by the Rocky Mountain Mineral Law Foundation. The law changes constantly, especially that based on federal and state statutes, and the reader is cautioned to be alert for subsequent modifications of statutes, regulations and case law. 2.1-PRELIMINARY LAND-STATUS CHECK Often, after completion of area reconnaissance, or perhaps after receipt of a submittal, a specific more localized target area will become of interest. Usually, an intensive exploration program comprising detailed surface mapping, sampling, geophysical prospecting and drilling will be required before the mineral potential of the ground can be properly evaluated. Before an investment of this magnitude is made, however, it is advisable to obtain rights to mine ore from the property. Otherwise, knowledge of the exploration activity might greatly inflate land values, or speculators or competing mining concerns might step in. Hence, as a general rule, a land-acquisition program should be undertaken before an intensive exploration project is begun. The first step in such a program is to make a land-status check to determine whether the subject lands are available and, if so, from whom they can be obtained and by what means. 2.1.1-BUREAU OF LAND MANAGEMENT RECORDS In those states which contain large areas of federal land, basically (he western states, the primary informational source is the records of the Bureau of Land Management. These may t)e examined at the land office having jurisdiction over federal lands in the area of interest. The records for Montana and North and South Dakota are kept at the Billings (Mont ) land office; Wyoming, Nebraska and Kansas, Cliejenne, Wyo.; New Mexico, Oklahoma and Texas, Santa Fe, N M ; northern Alaska, Fairbanks, and southern, Anchorage; Utah, Salt Lake City; Nevada, Reno; Arizona, Phoenix; Colorado, Denver. There are two land offices in California, at Sacramento and Los Angeles Records for other states are kept in Washington, D C. at the office of the Director, Bureau of Land Management.