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Homework #2Homework #2 -
Sorry for the delay... BUT..
While this seems short and simple, I believe that the students will be surprised by what they learn.
Read and study the Acts of 1866, 1870 and 1872.
Use Bouvier's as a guide to help interpret the text and answer the following questions:
1. What (if any) is the lawful authority of the states so far as the Mining Law is concerned? Please reference the sections that you feel did vest an authority in the states.
2. What are the limitations of that authority that is vested in the states by the Mining Law? Please reference the sections that you feel limited the authority of the states.
3. Do the states and their agents have a lawful authority to impose regulations or permits pertaining to mining on an exclusively possessed mineral deposit on the Public Domain? If so, why? If not, why not?
If I entered this in the wrong thread please feelfree to move it to the correct thread. Thanks, bejay
First let me say that the States authority is very limited.
Sec 1 of both the 1866 and 1872 Acts say who and what authority has jurisdiction over mining/claims/locators.....what I call the who what and where authority. It is specific and says who has the authority......The US Gov (Congressional Rule). It never makes mention of States or any other authoritative rule. The Congresss has the power to make rules for mining. It does not say anywhere that States have that intrusionary authority. It must be noted that Congressional Authority on Public Domain is entirely different than Congressional given Authority over OTHER land types of which there are many.
1872 Mining Law:
Sec 3 Comply with Laws of the US and States & terrritories, without conflicting with the exclusive right of the claimant to enjoy the sub-surface and surface within the boundaries of the claim.
Sec 12: States may appoint land surveyors to survey mining claims and charge a fee in conjunction with those fees set by Feds max fees allowed.
1865 Law of Possession:
Sec 3: States may provide Circuit courts & District Judges with powers to govern per US mining laws and regs.
Mineral Grant of 1866:
*SEC 5: ABSENCE OF US CONGRESS LEGISLATION THE LOCAL LEGISLATURE OF ANY STATE OR TERRITORY MAY PROVIDE RULES FOR WORKING MINES INVOLVING CASEMENTS, DRAINAGE & OTHER NECESSARY MEANS TO THEIR COMPLETE DEVELOPMENT & CONDITIONS SHALL BE FULLY EXSPRESSED IN THE PATENT.
Act to protect Miners:
Sec 5: Laws of the US, State, & Territory regarding the Governing of location, manner of recording, and the amount of work required to hold a claim.
Placer Act of 1870
Sec 13: STATE HAS A RIGHT TO SET A STATUTE OF LIMITATIONS.
Per my reading of definitions this means a State can allow the land granted to the miner for as long as he conducts his operation prior to patent. Or sets a time frame for the contingency to happen upon which the estate is to fail.
I find no other authority given the Western States regarding this matter. However for eastern States there is considerable language pertaining to mining and the Statues of Limitations.
However would it not be necessary to see what authority the US gave States regarding the independent structure of all authority....in other words somehow the states have authority exempt from the US. Looking at the Arizona illegal alien issue brings to mind the battle between US authority and States authority. So while the homework assignment seems relatively simple I believe the true answer is very complex.