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GoldPatriot

MSHA & THE 1872 MINING LAW

Does the Federal Mine Safety & Health Act (MSHA), rules and regulations have any effect on claim owners or miners under the 1872 mining laws?

As I understand the minng law, MSHA has no standing.

Comments?
lastchancelarry

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 30USC803]

[Page 123]

                  TITLE 30--MINERAL LANDS AND MINING

                  CHAPTER 22--MINE SAFETY AND HEALTH


Sec. 803. Mines subject to coverage

   Each coal or other mine, the products of which enter commerce, or
the operations or products of which affect commerce, and each operator
of such mine, and every miner in such mine shall be subject to the
provisions of this chapter.

(Pub. L. 91-173, Sec. 4, Dec. 30, 1969, 83 Stat. 744; Pub. L. 95-164,
title I, Sec. 102(c), Nov. 9, 1977, 91 Stat. 1291.)


                              Amendments

   1977--Pub. L. 95-164 inserted ``or other'' after ``coal''.


                   Effective Date of 1977 Amendment

   Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
So if you do not sell your gold or minerals, you are not governed  by MSHA?
Comments?
GoldPatriot

Larry;

How can an amendment to a law that has no juristiction over the mineral grant or grantee, as held in the 1866 and 1872 mining law, be upheld, if the origional Congressional purpose of the design of such law was coal and hard rock mining?

I would argue that the simple fact is, that the addition of "or other", over reaches and was implanted to give the government unchecked control over all mining, which it does not have, once the mineral grant has been met, under the 1872 mining law.  

I would also point out, that in reading the legislation that authorized the founding of MSHA, the reported need for such oversight was for underground, hard rock mining of minerals and coal.  

I am open to other comments on ths subject.
Woof!

You might find it instructive to look up the definition of "Miner" in that same act.  Laughing
1866

Woof! wrote:
You might find it instructive to look up the definition of "Miner" in that same act.  Laughing


Yep.
daubster

I believe if  I am removing minerals from the ground
on my claim that I am probably defined as a "miner" and
an "operator"

d) “operator” means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine;

(g) “miner” means any individual working in a coal or other mine;

(h)
(1) “coal or other mine” means
  (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground,
lastchancelarry

i did not find "miner" in bouviers daubster, is that where you got the definition?
Woof!

daubster wrote:
I believe if  I am removing minerals from the ground
on my claim that I am probably defined as a "miner" and
an "operator"

d) “operator” means any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine;

(g) “miner” means any individual working in a coal or other mine;

(h)
(1) “coal or other mine” means
  (A) an area of land from which minerals are extracted in nonliquid form or, if in liquid form, are extracted with workers underground,


If you believe that you probably ought to complete your Dodd Frank Securities filings:

Quote:
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT

SEC. 1503. REPORTING REQUIREMENTS REGARDING COAL OR OTHER MINE SAFETY.

(a) Reporting Mine Safety Information- Each issuer that is required to file reports pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o) and that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall include, in each periodic report filed with the Commission under the securities laws on or after the date of enactment of this Act, the following information for the time period covered by such report:
(1) For each coal or other mine of which the issuer or a subsidiary of the issuer is an operator--
(A) the total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) for which the operator received a citation from the Mine Safety and Health Administration;
(B) the total number of orders issued under section 104(b) of such Act (30 U.S.C. 814(b));
(C) the total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of such Act (30 U.S.C. 814(d));
(D) the total number of flagrant violations under section 110(b)(2) of such Act (30 U.S.C. 820(b)(2));
(E) the total number of imminent danger orders issued under section 107(a) of such Act (30 U.S.C. 817(a));
(F) the total dollar value of proposed assessments from the Mine Safety and Health Administration under such Act (30 U.S.C. 801 et seq.); and
(G) the total number of mining-related fatalities.
(2) A list of such coal or other mines, of which the issuer or a subsidiary of the issuer is an operator, that receive written notice from the Mine Safety and Health Administration of--
(A) a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards under section 104(e) of such Act (30 U.S.C. 814(e)); or
(B) the potential to have such a pattern.
(3) Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine.
(b) Reporting Shutdowns and Patterns of Violations- Beginning on and after the date of enactment of this Act, each issuer that is an operator, or that has a subsidiary that is an operator, of a coal or other mine shall file a current report with the Commission on Form 8-K (or any successor form) disclosing the following regarding each coal or other mine of which the issuer or subsidiary is an operator:
(1) The receipt of an imminent danger order issued under section 107(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 817(a)).
(2) The receipt of written notice from the Mine Safety and Health Administration that the coal or other mine has--
(A) a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of coal or other mine health or safety hazards under section 104(e) of such Act (30 U.S.C. 814(e)); or
(B) the potential to have such a pattern.
(c) Rule of Construction- Nothing in this section shall be construed to affect any obligation of a person to make a disclosure under any other applicable law in effect before, on, or after the date of enactment of this Act.
(d) Commission Authority-
(1) ENFORCEMENT- A violation by any person of this section, or any rule or regulation of the Commission issued under this section, shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder, consistent with the provisions of this section, and any such person shall be subject to the same penalties, and to the same extent, as for a violation of such Act or the rules or regulations issued thereunder.
(2) RULES AND REGULATIONS- The Commission is authorized to issue such rules or regulations as are necessary or appropriate for the protection of investors and to carry out the purposes of this section.
(e) Definitions- In this section--
(1) the terms `issuer' and `securities laws' have the meaning given the terms in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c);
(2) the term `coal or other mine' means a coal or other mine, as defined in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802), that is subject to the provisions of such Act (30 U.S.C. 801 et seq.); and
(3) the term `operator' has the meaning given the term in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).


Laughing

Woof!
GoldPatriot

A Big Thanks to MEG:

"First, if you live in a state that doesn't have to recognize federal law, well I guess you can be beat to hell all you want to accept. In that case, you are probably under Administrative entry and you should have administrative procedures to limit the regulation to no more than what adversely affects the economically viability of your claim ...In other words, any regulation that impacts the economic viability should be an unlawful takings. At that point the APA says the regulation must be waived or the government must pay you for the imposition, equipment, maintenance, monitoring, otherwise it's an unlawful takings.

For all of you who do not want to assert your property rights, think you are a U.S. Laborer Under Title 29 USC, instead of a Mineral Estate Grantee under Act of Congress 1866, then you need to subject yourself to the MSHA Master....

....for those of you that dare assert your private property rights in your exclusively possessed claims MSHA does not apply...the addition of "Other mines" to "coal" did not expand MSHA authority over our private claims and pertains only to "other mines" or operations appurtenant coal mines......in other words, that code and rules thereby pertains to leaseables, saleables, mineral fuels or other Disposable Minerals, still in US control...which isn't what we own or do under the Grant Act of 1866. But the organized criminal will always want to steal your stuff or pay into his protection racket, so be ready for a fight to protect your PRIVATE, not U.S. or federal, property.

By the Regulation:

      Taking a MSHA safety course, accruing enough hours, brings you under the regulation.

       Allowing an MSHA agent to inspect your claim forces you to have an employee,,,them,,, and you come under MSHA by its bare terms.

       The operator is NOT an employee.

        A "miner" is an employee. ....a locator is not a "miner"
       
         An MSHA inspector will be when inspecting..........sneaky, ain't they?


Identifying yourself other than a Mineral Estate Grantee can and will subject you to regulation.

Now, and being Palin made a comment that the mineral laws "R difr'nt in 'Laska, don't ya know", whether or not Alaska can twist the intention of Congress to impose MSHA where it wasn't intended, I guess that's up for each of you to find out. And I apologize for not having that answer or at least a place to go look right now, being busy with trying to hold onto the mineral estate here in the lower 48, kind of keeps Me busy...though I have a hard time believing the granted minerals in Alaska are much different than below.... and Palin was talking about oil not the granted minerals.

That's my take on this for now. I will try to work up a more complete analysis as time provides. I might make a radio program to explain it.

Please bring any law proving contrary to these observations so we can keep ourselves on the Rights side of this matter and the agency on the left..ist....."


Once again, words matter....

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