The Appropriation Of Industrial Minerals And Gem Stones On The Public Lands

With some exceptions, minerals may be acquired on the unappropriated public lands by one of three methods: (1) mining claim location under the General Mining Law of 1872; (2) mineral lease under the Mineral Leasing Act of 1920; and (3) sale contract under the Mineral Materials Act of 1947. Leasable minerals such as oil, gas, coal and phosphate are specifically designated as leasable in the Mineral Leasing Act so the method of acquisition is clear. As a general rule, metallic minerals are acquired by mining claim location. However the nonmetallic minerals, most of which are industrial minerals or gemstones, present a more difficult problem. These minerals are acquired either by mining claim or a sale contract depending on their chemical composition, physical properties and the use to which they are put. The Act of July 23, 1955 (30 U.S.C. 61 1) provided that uncommon varieties of sand, stone, gravel, pumice, pumicite or cinders are locatable; whereas, common varieties of such minerals may only be acquired by a contract of sale. The widespread location of mining claims to appropriate such deposits has caused many land management problems. Federal court and Interior decisions offer the most useful guidelines in determining the most appropriate method of acquisition.