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Mining law is the branch of law relating to the legal requirements affecting minerals and mining. Mining law covers several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.
The Chaffee law of 1869 and the placer law of 1871 were combined into the General Mining Act of 1872. The mining law of 1866 had given discoverers rights to stake mining claims to extract gold, silver, cinnabar (the principal ore of mercury) and copper. When Congress passed the General Mining Act of 1872, the wording was changed to "or other ...
For example, some surface use agreements require the company to access the property from specific roads or points on the property. A major issue involving fluid mineral rights is the "rule of capture" whereby minerals capable of migrating beneath the Earth's surface can be extracted, even if the original source was another person's mineral ...
25th Anniversary of the Surface Mining Law: A report on the protection and restoration of the nation's land and water resources under the Surface Mining Law, Office of Surface Mining, 2003. Available at OSM website. Green, Edward. State and Federal Roles Under the Surface Mining Control and Reclamation Act of 1977, 21 S. Ill. U. L.J. 531 (1997)
Mining Claim Corner, Blue Ribbon Mine, Alaska. A placer claim is a mining claim on gravel or ground from which minerals are extracted using water. [1] In the United States, the valuable mineral in a placer claim is almost always gold, although other nations mine placer deposits of platinum, tin, and diamonds.
The power of states' taxation can extend on atomic minerals and dangerously inflammable resources (oil, natural gas, etc) covered in non-taxation (general) entries 6 and 53 of Union List respectively. However, the verdict while interpreting entry 54 of the union list, has not clarified what is public interest and when or how long it is to be ...
The general rule is that the first person to "capture" such a resource owns that resource. For example, landowners who extract or “capture” groundwater, oil, or gas from a well that bottoms within the subsurface of their land acquire absolute ownership of the substance even if it is drained from the subsurface of another’s land. [2]
The Mineral Leasing Act of 1920 30 U.S.C. § 181 et seq. is a United States federal law that authorizes and governs leasing of public lands for developing deposits of coal, petroleum, natural gas and other hydrocarbons, in addition to phosphates, sodium, sulfur, and potassium in the United States.