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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.
Signed into law by President Jimmy Carter on November 9, 1977 The Federal Mine Safety and Health Act of 1977 (Public Law 95-164) amended the Coal Mine Safety and Health Act of 1969 . It can be found in the United States Code under Title 30, Mineral Lands and Mining, Chapter 22, Mine Safety and Health.
The Mine Safety and Health Administration (MSHA) (/ ˈ ɛ m ʃ ə /) is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to ...
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the primary federal law that regulates the environmental effects of coal mining in the United States. SMCRA created two programs: one for regulating active coal mines and a second for reclaiming abandoned mine lands.
30 U.S.C. ch. 11—Mining Claims on Lands Subject To Mineral Leasing Laws; 30 U.S.C. ch. 12—Multiple Mineral Development of the Same Tracts; 30 U.S.C. ch. 12A—Entry and Location on Coal Lands on Discovery of Source Material; 30 U.S.C. ch. 13—Control of Coal-Mine Fires; 30 U.S.C. ch. 14—Anthracite Mine Drainage and Flood Control
In 1897, the United States Geological Survey created a mining geology program providing geological studies of mining districts (e.g., Comstock Lode and Leadville mining district) and examinations relevant to efficient mining extraction technologies of fossil fuel and precious metal materials. [1] The 1910 public law commissioned the United ...
The process of patenting claims has been perhaps the most controversial part of the mining law. Because of a Congress-imposed moratorium, the federal government has not accepted any new applications for mining claim patents since October 1, 1994. [26] The 1872 law granted extra lateral rights to owners of lode claims. This gave the owners of ...
When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate." In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights. [5]