Abstract
Recent debates on controversies such as the MX missile and the "Sagebrush Rebellion" have spawned concern over the use and control of the one-third of the nation's land owned by the federal government. Although the law governing mining on public land entails equally valid concerns, it has commanded little national attention. America's dependence on OPEC oil emphasizes that mineral development is a vital national concern. The basic law governing mining on public land was enacted in 1872. It was originally designed to foster public policies of the nineteenth century-the development of the nation's mineral resources and the settlement of public land. Although amended several times, the basic provisions of that law continue in force today. In the century since its passage, however, both public policy and the mining industry have changed radically. Both inside and outside the mining industry, a sharp debate is in progress over the continued ability of the present mining law to serve both industry and the public. Some participants in that debate characterize the mining law as the "King of Resource Laws" and cite its longevity as proof that "it reflects national needs and concerns that are worth preserving." Others, such as one administrator of the mining law, consider the law "an anachronism which no longer serves the best interests of the nation or the mining industry." Still other commentators take a middle ground approach, conceding that the existing mining law is deficient but feel that only limited reform is necessary to cure its faults.
Recommended Citation
Later, Michael M.
(1981)
"The 1872 Mining Law- A Statute By-Passed by
Twentieth Century Technology and Public
Policy,"
Utah Law Review: Vol. 1981:
No.
3, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss3/5