Mining Law Update

Since its passage, the Mining Law of 1872 has been modified several times to meet the changing needs of America's society and economy. Despite the fact that it continues to provide an effective framework for a robust US exploration and mining industry, the mining law continues to be criticized in some quarters as outdated. Pressure to reform the Mining Law of 1872 has reached new levels in recent years. Many proposals for reform of the law have been introduced during the 1990s. None, though, have been enacted. The issue will not likely disappear and is certain to be raised during the 105th Congress. To provide a better understanding of the status of current congressional reform proposals, this article presents an overview of the major moments in the history of mining laws in the western United States - from the days before the 1872 mining law and the days following its promulgation, to the current dilemma over mining law reform. The future of the mining law is assessed as are the interests at stake for the modern mining industry. Mining before 1872 No discussion of the Mining Law of 1872 is complete without some historical background to provide an understanding of the origins of this unique law. There was plenty of mining activity on the public lands before the mining law was enacted. At first, the federal government's policy was to allow all miners to work freely on the public lands and to resolve disputes among themselves. In this "hands off" environment, miners operated according to laws they promulgated. These were based on previous experiences in Europe and Mexico. These "frontier codes" of groups of individual miners took the form