Archive for mining, mining law, prospector, mining claim, 1865, 1866, 1872, legal, illegal, government, policy, administrative, mineral, grant, right, forest, service, BLM, DEQ, wild, scenic, hobby, gold, placer, hard, rock, hardrock, dredging, highbanking
  Forum Index -> Mining Law Tibits


For state specific abbreviations, please see the bottom of this post:
If you have an abbreviation from your state that needs to be added pm me (to keep the thread short)

ACHP: Advisory Council on Historic Preservation;


BLM: Bureau of land Management; "The Bureau of Land Management (BLM) administers over 258 million acres of public lands and 700 million acres of subsurface minerals nationwide."

CFR: Code of Federal Regulations; (ECFR updated 01-4-2012) (Title 30 mining Resourses)
CWA: Clean Water ACT (1972)
NPDES: National Pollutant Discharge Elimination System;

DEIS: Draft Environmental Impact Statement;

DEQ: Department of Environmental Quality;  "The your state Department of Environmental Quality is a regulatory agency authorized to protect your state's environment by the State of ________ and the Environmental Protection Agency."

DOI: [i]Department of interior;
Our Mission: Protecting America’s Great Outdoors and Powering Our Future

DSL: Department of State lands;

EA: Environmental Assessment;


EIR: Environmental Impact Report;

EIS: Envirionmental Impact Statement;

EPA:  Environmental Protection Agency;

ESA: Endangered Species Act;[i]

FLPMA: [i]The Federal Land Policy and Management Act;

FOIA: Freedom of Information Act;

GPAA: Gold Prospectors Association of America;

IBLA: Interior Board of Land Appeals; The Interior Board of Land Appeals (IBLA) is an appellate review body that exercises the delegated authority of the Secretary of the Interior to issue final decisions for the Department of the Interior

KS Wild: Klamath-Siskiyou Wildlands Center; "Protecting the wild places of Northern California and Southern Oregon

LEO: Law Enforcement Officer

LDMA: Lost Dutchmans Mining Association;

MPC: Mineral Policy Center;

NEPA: National Environmental policy Act;

NHPA: National Historic Preservation Act;1966-last amended in 2006.

NMA: National Mining Association;

MSHA: Mine Safety and Health Administration;"MSHA - Protecting Miners' Safety and Health Since 1978"

NPS: National Park Service;

NOI: Notice of Intent; Submitted to a public land management agency stating that you are going to operate.


PLSS: Public Land Survey System;

POO: Plan of Operation;  A plan of operation submitted to a public land management agency

SRA: Surface Resources Act;

SWOMA: South West Oregon Mining Association; "The South West Oregon Mining  Association (SWOMA) is an organization of miners and others based in South Western Oregon that are interested in defending our mining, property, water, access and other rights."

USC: United States Code; The United States Code is the codification by subject matter of the general and permanent laws of the United States

USDA: United States Department of Agriculture;

USFS: United States Forest Service; We are entrusted with 193 million acres of forests and grasslands. It's a big task, but one that we take seriously.

WSA: Wild and Senic Rivers Act;

AWA: Arizona Wilderness Act (1984);
CCR: California Code of Regulations;
CDCA: California Desert Conservation Area;
CDFG: California Dept. of Fish and Game;
CDPA: California Desert Protection Act; Amended 2010,2011.
CEQA: California Environmental Quality Act;To inform governmental decision-makers and the public about potential environmental effects of a project;
OAC: Online Archive of California; good research site
IDWR: Idaho Dept. of Water Resources;
DSL: Department of State lands;
(ESH): Essential Salmon Habitat;
(GA): General Authorization; (Permit)
(IP): Individual Removal-Fill permit; (Permit)
(SSW): State Scenic Waterway;
ODF: Oregon Dept. of Forestry;
ODFG: Oregon Dept. of Fish and Wildlife;
OPRD: Oregon Parks and Recreation Department;
ORS: Oregon Revised Statutes; Carried by all oregon law enforcement officers.
OSP: Oregon State Police;
DNR: Washington State Dept.of Natural Recourses;
RCW: Revised Code of Washington; ( Title 78  Mines, minerals, and petroleum)
WDFW: Washington Dept. of Fish and Wildlife;
WSP: Washington State Patrol;


Contract Clause
A passage in the Constitution (Art. 1, Sect. 10) stating that no state can pass laws "impairing the obligation of contracts."

Prudent Operator Standard:
The 1980 regulations defined the "unnecessary or undue degradation" standard as "surface disturbance greater than what would normally result when an activity is being accomplished by a prudent operator in usual, customary, and proficient operations of similar character and taking into consideration the effects of operations on other resources and land uses."43 C.F.R. $ 3809.0-5(k) (1 999). This reflected the ordinary meaning of the terms in the statute and came to be known as the "prudent operator" standard.

Public Land Survey System or PLSS

This rectangular survey system is now know as the Public Land Survey System. Under the cadastral system the public domain is plotted from a principal meridian (running north and south) and base line (running east and west) into a grid of squares approximately 6 miles to the side, called "townships." The township is further divided into sections of one-mile squares containing 640 acres. Sections are numbered 1-36 from the upper right hand corner. The sections can be further subdivided into quarter sections of 160 acres. The quarters can be divided into half-quarters of 80 acres or into quarter-quarter sections of 40 acres, etc. The land description for the following parcel would be written as "NE1/4NW1/4, Sec. 14, T. 2 S., R. 3 W."

An Act granting the Right of Way

to Ditch and Canal Owners over the Public Lands,

and for other Purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States.

Sec. 2. And be it further enacted, That whenever any person or association of persons claim a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local custom or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount of not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition.

Sec. 3. And be it further enacted, That upon the filing of the diagram as provided in the second section of this act, and posting the same in a conspicuous place on the claim, together with a notice of intention to apply for a patent, the register of the land office shall publish a notice of the same in a newspaper published nearest to the location of said claim, and shall also post such notice in his office for the period of ninety days; and after the expiration of said period, if no adverse claim shall have been filed, it shall be the duty of the surveyor-general, upon application of the party, to survey the premises and make a plat thereof, indorsed with his approval, designating the number and description of the location, the value of the labor and improvements, and the character of the vein exposed; and upon the payment to the proper officer of five dollars per acre, together with the cost of such survey, plat, and notice, and giving satisfactory evidence that said diagram and notice have been posted on the claim during said period of ninety days, the register of the land office shall transmit to the general land office said plat, survey, and description; and a patent shall issue for the same thereupon. But said plat, survey, or description shall in no case cover more than one vein or lode, and no patent shall issue for more than one vein or lode, which shall be expressed in the patent issued.

SEC. 4. And be it further enacted, That when such location and entry of a mine shall be upon unsurveyed lands it shall and may be lawful, after the extension thereto of the public surveys, to adjust the surveys to the limits of the premises according to the location and possession and plat aforesaid, and the surveyor-general may, in extending the surveys,
vary the same from a rectangular form to suit the circumstances of the country and the local rules, laws, and customs of miners: Provided, That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoveror of the lode, with the right to follow such vein to any depth, with all its dips, variations, and angles, together with a reasonable quantity of surface for the convenient working of the same as fixed by local rules: And provided further, That no person may make more than one location on the same lode, and not more than three thousand feet shall be taken in any one claim by any association of persons.

SEC. 5. And be it further enacted, That as a further condition of sale, and in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent.

SEC. 6. And be it further enacted, That whenever any adverse claimants to any mine located and claimed as aforesaid shall appear before the approval of the survey, as provided in the third section of this act, all proceedings shall be stayed until a final settlement and adjudication in the courts of competent jurisdiction of the rights of possession to such claim, when a patent may issue as in other cases.

SEC. 7. And be it further enacted, That the President of the United States be, and is hereby, authorized to establish additional land districts and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this act.

SEC. 8. And be it further enacted, That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.

SEC. 9. And be it further enacted, That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: Provided, however, That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

SEC. 10. And be it further enacted, That wherever, prior to the passage of this act, upon the lands heretofore designated as mineral lands, which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or persons who have declared their intention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the said settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty-acres; or said parties may avail themselves of the provisions of the act of Congress approved May twenty, eighteen hundred and sixty-two, entitled "An act to secure homesteads to actual settlers on the public domain," and acts amendatory thereof.

SEC. 11. And be it further enacted, That upon the survey of the lands aforesaid, the Secretary of the Interior may designate and set apart such portions of the said lands as are clearly agricultural lands, which lands, which lands shall thereafter be subject to preemption and sale as other public lands of the United States, and subject to all the laws and regulations applicable to the same.

APPROVED, July 26, 1866.

H.R. 562
(41st Congress, 2nd session)
June 28, 1870
Ordered to be printed with amendments of the Senate and with the report of the committee on conference upon the disagreeing votes by the two Houses upon said amendments.
An Act

To amend ěAn act granting the right of way to ditch and canel owners over the public lands, and for other purposesî.

Be it enacted by the senate and the house of representatives of the United States of America in congress assembled, that the act granting the right of way to ditch and canal owners over the public lands and for other purposes, approved July twenty-six, eighteen hundred and sixty-six, be, and the same is here by, amended by adding thereto, the following additional sections, numbered 12, 13, 14, 15, 16, 17 respectively, which shall hereafter constitute and form a part of the aforesaid act.

Sec. 12. And be it further in acted, that claims usually called ěplacers,î including all forms of deposit, accepting veins of quartz, or other rock in place, shall be subject to entry and patent under this act, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or load claims: Provided, That where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands, no further survey or plat in such case being required, in the lands may be paid for at the rate of $2.50 per acre: Provided further, that legal subdivisions of forty acres maybe subdivided into ten-acre tracts; and that two or more persons, or associations of persons, having contiguous claims, may make joint entry thereof: And provided further, that no location of a placer claim hereafter made shall exceed one hundred and sixty acres for any one person, or association of persons; and nothing in this section contained shall defeat or impair any bona fide pre-emption or homestead claim, or authorize the sale of improvements of any bona settler to any purchaser.

Sec. 13.  And be it further enacted, that where said person or association, they and their grantors, shall have held and worked their said claims for a period equal to the time prescribed by the statute of limitations for mining claims of the state or territory where the same may be situated,  evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this act, in the absence of any adverse claim;  Provided, however, that nothing in this act shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

Sec. 14 And be it further in acted,  that all affidavits required to made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office; Provided, That in all cases of contest such testimony and proofs shall only be taken on at least ten daysí personal notice to the opposing parties, when such parties can be found; and if they cannot be found, then by at least forty daysí publication in a newspaper published nearest to the location of said claims; and the register of the land office shall require that proof of such notice has been given.

Sec. 15 And be it further in acted, that registers and receivers shall receive the same fees for services under this act as are provided by law for like services under other acts of congress; and that effect shall be given to the foregoing act according to such regulations as maybe prescribed by the Commissioner of the General Land Office.

Sec. 16 And be it further enacted, That so much of the act of March third, eighteen hundred and fifty-three, entitled ěAn act to provide for the survey of the public lands in California, the granting of pre-emption rights, and for the other purposes,î as provides that none other than township lines shall be surveyed where the lands are mineral, is hereby repealed, and the public surveys are hereby extended over all such lands: Provided, That all subdividing of surveyed lands into lots less than one hundred and sixty acres may be done by county and local surveyors at the expense of the claimants.

Sec. 17 And be it further enacted, That none of the rights conferred by sections five, eight, and nine of the act to which this act is amendatory, shall be abrogated by this act, and the same are hereby extended to all public lands affected by this act; and all patents granted or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the ninth section of the act of which this act is amendatory.

Passed the House of Representatives  March 17, 1870.

EIS....Envirionmental Impact Statement
EA.....Environmental Assessment Forum Index -> Mining Law Tibits
Page 1 of 1
Create your own free forum | Buy a domain to use with your forum