1872 Mining Laws
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1872 Mining Laws
FORTY-SECOND CONGRESS. Sess. II Ch. 149, 152. 1872 91 fied person: Provided, That all the
persons availing themselves of the provisions of this section shall be required to pay, and there
shall be collected from them, at the time of making payment for their land, interest on the total
amounts paid by them, respectively, at the rate of five per centum per annum, from the date at
which they would have been required to make payment under the act of July fifteenth, eighteen
hundred and seventy. until the date of payment: Provided further. That the twelfth section of said
act of July sixteenth eighteen hundred and seventy, is hereby so amended that the aggregate
amount of the proceeds of sale received to the first day of March of each year shall be the amount
upon which payment of interest shall be based.
Sec. 3. That the sale or transfer of his or her claim upon any portion of these lands by any settler
prior to the issue of the commissioner’s instructions of April twenty-sixth, eighteen hundred and
seventy-one, shall not operate to preclude the right of entry, under the provisions of this act, upon
another tract settled upon subsequent to such sale or transfer: Provided, That satisfactory proof of
good faith be furnished upon such subsequent settlement: Provided further, That the restrictions of
the preemption laws relating to previous enjoyment of the pre-emption right, to removal from one’s
own land in the same State, or the ownership of over three hundred and twenty acres, shall not
apply to any settler actually residing on his or her claim at the date of the passage of this act.
Approved, May 9, 1872
CHAP. CL. II — As Act to promote the Development of the mining Resources of the Untied States.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That all valuable mineral deposits in lands belonging to the United States,
both surveyed and unsurveyed, are hereby declared to be free and open to exploration and
purchase, and the lands in which they are found to occupation and purchase, by citizens of the
United States and those who have declared their intention to become such, under regulations
prescribed by law, and according to the local customs or rules of miners, in the several
mining-districts, so far as the same are applicable and not inconsistent with the laws of the United
States.
Sec.2. That mining-claims upon veins or lodes of quarts or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper, or other valuable deposits heretofore located, shall be governed as to
length along the vein or lode by the customs, regulations, and laws in force at the date of their
location. A mining-claim located after the passage of this act, whether located by one or more
persons, may equal, but no exceed, one thousand five hundred feet in length along the vein or lode;
but no location of a mining-claim shall be made until the discovery of the vein or lode within the
limits of the claim located. No claim shall exceed more than three hundred feet on each side of the
Middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less
then twenty five feet on each side of the middle of the vein at the surface, except where adverse
rights existing at the passage of this act shall render such limitation necessary. The end-lines of
each claim shall be paralleled to each other.
Sec.3. That the locators of all mining locations heretofore made, or which shall hereafter be made,
on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no
adverse claim exists at the passage of this act, so long as they comply with the laws of the United
States, and with State, territorial, and local regulations not in conflict with said laws of the United
States governing their possessory title, shall have the exchange right of possession and enjoyment
of all the surface included within the lines of their locations, and of all veins, lodes, and ledges
throughout their entire depth, the top or apex of which Five per cent interest to be paid on what
sum and for what time.
Settler, transferring claims prior to, &cc., not precluded from entering upon another tract, if, &cc.
Certain restrictions of the preemption laws not to apply.
May 10, 1872 See 1873, ch. 130. Post , p.445. Valuable mineral deposits in public lands and the
lands to be open to citizens, &cc.
Length of mining-claims upon veins or lode width; end-lines
Locations of mining locations where there is no adverse claim, &cc., to have what exclusive rights
of possession and enjoyment.
Certain exclusive rights to location of mining claims Limitations.
Owners of tunnels to have what rights of possession of certain veins or lodes.
What to be deemed as abontamend of right by owners of tunnels. Miners may make certain rules as
to location, &cc., of mining-claim.
Requirements as to locations; records;
Amount of work necessary to hold possession. See 1873, ch. 214 Post, p. 483
Mine to be open to relocation, if &cc.
Rights of co-ownership
Interest of delinquents after notice, &cc., to belong to co-owners Patent for land claimed, &cc., for
valuable deposits, how to be obtained.
92 FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872.
lies inside of such surface-lines extended downward vertically, although such veins, lodes, or ledges
may so far depart from a perpendicular in their course downward as to extend the vertical side-lines
of said surface locations: Provided, That their right of possession to such outside parts of said veins
or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward
as aforesaid the end-lines of their locations so continued in their own direction that such planes
will intersect such parts of said veins or ledges: And provide further, That nothing in the section
shall authorize the locator or possessor of a vein or lode which extends in its downward course
beyond the vertical lines of his claim to enter the surface of a claim owned or possessed by another.
Sec. 4. That where a tunnel is run for the development of a vein or lode, or for discovery of mines.
the owners of such tunnel shall have the right of possession of all veins or lodes within three
thousand feet from the face of such tunnel on the line thereof, not previously known to exists,
discovered in such tunnel, to the same extent as if discovered from the surface; and locations on
the line of each tunnel of veins or lodes not appearing on the surface, made by either parties after
the commencement of the tunnel, and while the same is being prosecuted with reasonable
diligence, shall be invalid: but prosecute the work on the tunnel for six months shall be considered
as an abandonment of the right to all undiscovered veins on the lines of said tunnel.
Sec. 5. That the miners of each mining district may make rules and regulations not in conflict with
the laws of the United States, or with the laws of the State or Territory in which the district is
situated, governing the location, manner of recording, amount of work necessary to hold possession
of a mining-claim, subject to the following requirements: The location must be distinctly marked on
the ground so that the boundaries can be readily traced. All records of the mining-claim hereafter
made shall contain the name of the locators, the date of the location, and such description of the
claim or claims located by reference to some natural object or permanent monument as will identify
the claim. On each claim located after the passage of this act, and until a patent shall have been
issued therefore, not less than one hundred dollars’ worth of labor shall be performed or
improvements made during each year. On all claims located prior t the passage of this act, ten
dollars worth of labor shall be performed or improvements made each year for each one hundred
feet in length along the vein until a patent shall have been issued therefore: but where such claims
are held in common such expenditure may be made upon any on claim; and upon a failure to comply
with these conditions, the claim or mine upon which arch failure occurred shall be open to
relocation in the same manner as if no location of the same had ever been made: Provided, That the
original locators, their heirs, assigns, or legal representative, have resumed work upon the claim
after such failure and before such location. Upon the failure of any one of several co-owners the
contribute his proportion of the expenditures required by this act, the co-owners who have
performed the labor or made the improvements may, at the expiration of the year, give such
delinquent co-owner personal notice in writing or notice of publication in the news-paper published
nearest the claim, for at least once a week for ninety days, and if the expiration of ninety days after
such notice in writing or by publication such delinquent should fail or refuse to contribute his
proportion to comply with this act, his interest in the claim shall become the property of the
co-owners who have made the required expenditures.
SEC. 6. That a patent for any land claimed and located for deposits may be obtained in the following
manner: Any person, association or corporation authorized to locate a claim under this act, having
claimed, and located a piece of land for such purpose, who has, or have,
FORTY-SECOND CONGRESS. Sess. II Ch. 149, 152. 1872. 93 complied with the terms of this act,
may file in the proper land-office an application for a patent, under oath, showing such compliance,
together with a plat and field-notes of the claim or claims in common, made by or under the
direction of the United States surveyor-general, showing accurately the boundaries of the claim or
claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such
plat, together with a notice of such application for a patent, in a conspicuous place on the land
embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit
of at least two persons that such notice has been duly posted as aforesaid, and shall file a copy of
said notice in such land-office, and shall thereupon be entitled to a patent for said land, in the
manner following: The register of the land-office, upon the filing of such application,
plat-field-notes, notices, and affidavits, shall publish a notice that such application has been made,
for the period of sixty days, in a news-paper to be by him designated as published nearest to said
claim; and he shall also post such notice in his office for the same period. The claimant at the time
of filing this application, or at any time thereafter, within the sixty days of publication, shall file
with the register a certificate of the United States surveyor-general that five hundred dollars’ worth
of labor has been expended or improvements made upon the claim by himself or grantors; that the
plat is correct, with such further description by such reference to natural objects or permanent
monuments as shall identify the claim, and furnish an accurate description, to be incorporated in
the paten. At the expiration of the sixty days of publication the claimant shall file his affidavit,
showing that the plat and notice have been posted in a conspicuous place on the claim during said
period of publication. If no adverse claim shall have been filed with the register and the receiver of
the proper land-office at the expiration of the sixty days of publication, it shall be assumed that the
applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and
that no adverse claim exists; and thereafter no objection from third parties to the issuance of a
patent shall be heard, except it be shown that the applicant has failed to comply with this act.
Sec. 7. That where an adverse claim shall be filed during the period of publication, it shall be upon
oath of the person or persons making the same, and shall show the nature, boundaries, and extent
of such adverse claim, and all proceedings, except the publication of notice and making and filing of
the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a
court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse
claimant, within thirty days after filing his claim, to commence proceedings in a court of competent
jurisdiction, to determine the question of the right of possession, and prosecute the same with
reasonable diligence to final judgment; and a failure so to do shall be waiver of his adverse claim.
After such judgment shall have been rendered, the party entitled to the possession of the claim, or
any portion thereof, may, without giving further notice, file a certified copy of the judgment-roll
with the register of the land-office, together with the certificate of the surveyor-general that the
requisite amount of labor has been expended, or improvements made thereon, and the description
required in other cases, and shall pay to the receiver five dollars per acre for his claim, together the
proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the
register to the commissioner of the general land office, and a patent shall issue thereupon for the
claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly
posses. If it shall appear from the decision of the court that several parties are entitled to separate
and different portions of the claim, each party may pay for his portion of the claim, with proper fees,
and file the certificate and description by the surveyor-general, whereupon the register shall certify
the proceedings
Patent for land claimed, &cc., for valuable deposits, how to be obtained Proceedings if adverse claim
is filed Judgment of court to be obtained. After judgment, patent to issue to party entitled to
possession upon, &cc. Where there are several parties entitled to different portions of claim.
Proof of citizen- ship. 1866, ch. 262 Vol. xiv. p. 251 1870, ch. 235. Vol. xiv. p. 217
Alienation of title by patent
Description of vein claims on surveyed lands have to designate locations; on unsurveyed lands
Repeal of %% 1, 2, 3, 4 & 6, of act of 1866, ch. 262 Vol. xiv, pp. 251, 252. Existing rights not
effected Pending appilica- tions and patents heretofore issued.
Proceedings to obtain patents under act of 1870, chap. 235, vol. xvi. p. 217, to be had according to
this act.
Placer-claims upon surveyed lands pending proceedings.
Certain agricultural lands may be entered for homestead, &cc., purposes. Proceedings for patent for
placer-claim which includes a vein or lode. FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 94
and judgment-roll t the commissioner of the general land office, as preceding case, and patents
shall issue to the several parties according to their respective rights. Proof of citizenship under this
act, or the acts of July twenty-sixth, eighteen hundred and sixty six, and July ninth , eighteen
hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in
case of an association of persons unincorporated, of the affidavit of their authorized agent, made on
his own knowledge or up information and belief, and in case of a corporation organized under the
laws of the United States, or of any State or Territory of the Untied States, by the filing of a
certified copy of their charter or certificate of incorporation; and nothing herein contained shall be
construed to prevent the alienation of the title conveyed by a patent for a mining-claim to any
person whatsoever.
Sec. 8. That the description of vein or lode claims, upon surveyed lands, shall designate the location
of the claim with reference to the lines of the public surveys, but need not conform therewith; but
where a patent shall be issued as aforesaid for claims upon unsurveyed lands, the surveyor-
general, in extending the surveys, shall adjust the same to the boundaries of such patented claim,
according to the plat or description thereof, but so as in no case to interfere with or change the
location of any such patented claim.
Sec. 9. That sections one, two, three, four, and six of an act entitled “An act granting the right of
way to ditch and canal owners over the public lands, and for other purposes,” approved July
twenty-sixth, eighteen hundred and sixty-six, are hereby repealed, but such repeal shall not affect
existing rights. Applications for patents for mining-claims now pending may be prosecuted to a final
decision in the general land office; but in such cases where adverse rights are not affected thereby,
patents may issue in pursuance of the provisions of this act; and all patents for mining-claims
heretofore issued under the act of July twenty-sixth, eighteen hundred and sixty-six, shall convey
all the rights and privileges conferred by this act where no adverse rights exist at the time of the
passage of this act.
Sec. 10. That the act entitled “An act to amend an act granting the right of way to ditch and canal
owners over the public lands, and for other purposes,” approved July ninth, eighteen hundred and
seventy, shall be and remain in full force, except as to the proceedings to obtain a patient, which
shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining
patents to vein or lode claims; but where said placer-claims shall be upon surveyed lands, and
conform to legal subdivisions, no further survey or plat shall be required, and all placer
mining-claims hereafter located shall conform as near as practicable with the United States system
of public land surveys and the rectangular subdivisions of such surveys, and no such location shall
include more than twenty acres for such individual claimant, but where placer-claims cannot be
conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided,
That proceedings now pending may be prosecuted to their final determination under the existing
laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such
cases. And provided also, That where by the segregation of mineral land in any legal subdivision a
quantity of agricultural land less than forty acres remains, said fractional portion of agricultural
land may be entered by any party qualified by law, for homestead or pre-emption purposes.
Sec. 11. That where the same person, association, or corporation is in possession of a placer-claim,
and also a vein or lode included within the boundaries thereof, application shall be made for a
patent for the placer-claim, with statement that it includes such vein or lode, and in such case
(subject to the provisions of this act entitled “An act to amend an act granting the right of way to
ditch and canal owners over the public lands, and for other purposes.”
FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 95 approved July ninth, eighteen hundred and
seventy) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of
five dollars per acre such vein or lode claim, and twenty-five feet of surface on each side thereof.
The reminder of the placer-claim, or any placer-claim not embracing any vein or lode claim, shall be
paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings;
and where a vein or lode, such as is described in the second section of this act, is known to exist
within the boundaries of a placer-claim, an application for a patent for such placer-claim which does
not include an application for the vein or lode claim shall be construed as a conclusive declaration
that the claimant of the placer-claim has no right of possession of the vein or lode claim; but where
the existence of a vein or lode in a placer-claim is not known, a patent for the placer-claim shall
convey all valuable mineral and other deposits within the boundaries thereof.
Sec. 12. That the surveyor-general of the United States may appoint in each land district containing
mineral lands as many competent surveyors as shall for appointment to survey mining-claims. The
expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into
quantities than one hundred and sixty acres, together with the cost of publication of notice, shall
be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable
rates, and they shall also be at liberty to employ any United States deputy survey to make the
survey. The commissioner of the general land office shall also have power to establish the
maximum charges for surveys and publication of notices under this act; and, in case of excessive
charges for publication, he may designate any newspaper published in a land district where mines
are situated for the publication of mining-notice in such district, and fix the rates to be charged by
such paper; and, and to the end that the commissioner may be fully informed on the subject, each
applicant shall file with the register a sworn statement of all charges and fees paid by said
applicant for publication and surveys, together with all fees and money paid the register and the
receiver of the land-office, which statement shall be transmitted, with the other papers in the case,
to the commissioner of the general land office. The fees of the register and the receiver shall be five
dollars each for filing and acting upon each application for patent or adverse claim filed, and they
shall be allowed the amount fixed by law for reducing testimony to writing, when done in the
land-office, such fees and allowances to be paid by the respective parties; and no other fees shall
be charged by them in such cases. Nothing in this act shall be constructed to charge or affect the
rights of either party in regard to any property in controversy at the time of the passage of this act,
or of the act entitled “An act granting the right of way to ditch and canal owners over the public
lands, and for other purpose,” approved July twenty-sixth, eighteen hundred and sixty, nor shall
this act affect any right acquired under said act; and nothing in this act shall be constructed to
repeal, impair, or in any way affect the provisions of the act entitled “An act granting to A. Sutro
the right of way, and other privileges to aid in the construction of a draining and exploring tunnel
to the Comstock lode, in the State of Nevada,” approved July twenty-fifth, eighteen hundred and
sixty-six.
Sec. 13. That all affidavits required to be to be 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 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. In cases of contest as to the mineral
or agricultural character of land, the testimony and proofs may be taken as herein on personal
Effect of patent for Placer- claim upon veins, &cc., within its boundaries. Surveyor-general may
appoint in each district competent surveyors of mining- claims.
Expenses of survey, &cc., of claims, &cc., Commissioner of land office to establish maximum
charges, &cc. Applicant to file sworn statement of fees and charges. Fees of register and receiver.
Adverse rights not affected by this act .
Provisions of 1866, ch. 244, vol. xiv.p 242, not affected hereby. Affidavits under this act, &cc., may
be verified and testimony &cc., taken, before whom. Testimony in contests as to character of land,
how taken Where veins intersect, &cc., priority of title to govern. Proviso. Where veins unite, oldest
location to take Patents for non- mineral lands, not contiguous to lode, but used by mining, &cc.,
purposes. Limit t amount of such land.
Repealing clause. Existing rights not affected.
FORTY-SECOND CONGRESS. Sess. II Ch. 152. 1872. 96 notice of at least ten days to the opposing
party; or if said party cannot be found, then by publication of at least once a week for thirty days in
a newspaper, to be designated by the register of the land-office as published nearest to the location
of such land; and the register shall require proof that such notice has been given. Sec. 14. That
where two or more veins intersect or cross each other, priority of title shall govern, and such prior
location shall be entitled to all ore or mineral contained within the space of intersection : Provided,
however, That the subsequent location shall have the right of way through said space of
intersection for the purposes of the convenient working of the said mine : And provided also, That
where two or more veins unite, the oldest or prior location shall take the vein below the point of
union, including all the space of intersection.
Sec. 15. That where non-mineral land not contiguous to the vein or lode is used or occupied by the
proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground
may be embraced and included in an application for a patent for such vein or lode, and the same
may be patented therewith, subject to the same preliminary requirements as to survey and notice
as are applicable under this act to veins or lodes : Provided, That no location hereafter made of such
non-adjacent land shall exceed five acres, and payment for the same must be made at the same
rate as fixed by this act for the superficies of the lode. The owner of a quartz-mill or
reduction-works, not owning a mine in connection therewith, may also receive a patent for his
mill-site, as provided in this section.
Sec. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That
nothing contained in this act shall be construed to impair, in any way, rights or interests in mining
property acquired under existing laws.
Approved, May 10, 1872
Alaska State constitution says -
Section 8.11 - Mineral Rights.
Discovery and appropriation shall be the basis for establishing a right in those minerals reserved to
the State which, upon the date of ratification of this constitution by the people of Alaska, were subject
to location under the federal mining laws. Prior discovery, location, and filing, as prescribed by law,
shall establish a prior right to these minerals and also a prior right to permits, leases, and
transferable licenses for their extraction. Continuation of these rights shall depend upon the
performance of annual labor, or the payment of fees, rents, or royalties, or upon other requirements
as may be prescribed by law. Surface uses of land by a mineral claimant shall be limited to those
necessary for the extraction or basic processing of the mineral deposits, or for both. Discovery and
appropriation shall initiate a right, subject to further requirements of law, to patent of mineral lands if
authorized by the State and not prohibited by Congress. The provisions of this section shall apply to
all other minerals reserved to the State which by law are declared subject to appropriation.
Section 8.12 - Mineral Leases and Permits.
The legislature shall provide for the issuance, types and terms of leases for coal, oil, gas, oil shale,
sodium, phosphate, potash, sulfur, pumice, and other minerals as may be prescribed by law.
Leases and permits giving the exclusive right of exploration for these minerals for specific periods
and areas, subject to reasonable concurrent exploration as to different classes of minerals, may be
authorized by law. Like leases and permits giving the exclusive right of prospecting by geophysical,
geochemical, and similar methods for all minerals may also be authorized by law.
Section 8.13 - Water Rights.
All surface and subsurface waters reserved to the people for common use, except mineral and
medicinal waters, are subject to appropriation. Priority of appropriation shall give prior right. Except
for public water supply, an appropriation of water shall be limited to stated purposes and subject to
preferences among beneficial uses, concurrent or otherwise, as prescribed by law, and to the
general reservation of fish and wildlife.
Section 8.14 - Access to Navigable Waters.
Free access to the navigable or public waters of the State, as defined by the legislature, shall not be
denied any citizen of the United States or resident of the State, except that the legislature may by
general law regulate and limit such access for other beneficial uses or public purposes.
Section 8.15 - No Exclusive Right of Fishery.
No exclusive right or special privilege of fishery shall be created or authorized in the natural waters of
the State. This section does not restrict the power of the State to limit entry into any fishery for
purposes of resource conservation, to prevent economic distress among fishermen and those
dependent upon them for a livelihood and to promote the efficient development of aquaculture in the
State.
Section 8.16 - Protection of Rights.
No person shall be involuntarily divested of his right to the use of waters, his interests in lands, or
improvements affecting either, except for a superior beneficial use or public purpose and then only
with just compensation and by operation of law.
Section 8.17 - Uniform Application.
Laws and regulations governing the use or disposal of natural resources shall apply equally to all
persons similarly situated with reference to the subject matter and purpose to be served by the law
or regulation.
Section 8.18 - Private Ways of Necessity.
Proceedings in eminent domain may be undertaken for private ways of necessity to permit essential
access for extraction or utilization of resources. Just compensation shall be made for property taken
or for resultant damages to other property rights.