The Mining Act of 1872 is a United States federal law which authorizes and governs prospecting and mining for economic minerals such as gold and silver on publicly owned lands. This law, approved on May 10th, 1872, codifies the system of acquiring mining claims on public land that was formed in California and Nevada in the late 1840s, 1850s, and 1860s, during periods such as the California gold rush.

Subsequent amendents

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The acquisition of mining rights on public land in the West is mostly governed by the 1872 act. Subsequent changes to the law include:

• the Mineral Leasing Act of 1920, which made certain nonmetallic minerals not open to claim staking;
• the Mineral Materials Act of 1947, which provides for the sale or public giveaway of certain minerals, such as sand or gravel;
• the Multiple Mineral Use Act of 1954, which provided for the development of multiple minerals on the same tracts of public land;
• the Multiple Surface Use Mining Act of 1955, which withdrew common varieties from mineral entry; and
• the Federal Land Policy and Management Act of 1976, part of which redefines claim recording procedures and provides for abandonment if the procedures are not followed.
• the sale of public land is still prohibited in 2005. Mining claims can be established on public lands but more and more state and federal restrictions are being enacted.

External links

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• Text of the Law
• Anatomy of a Mine from the United States Geological Survey
• An article about the act's "legacy of riches and ruin" from the Seattle Post-Intelligencer

1872 in law | Gold rushes | Legal history of the United States | Mining law and governance | United States federal public land legislation