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By Clayton J. Parr, Northcutt Ely

Mining law is essentially a branch of the law of real property. It concerns acquisition of property for extracting contained minerals, and the rights, privileges and duties that fall upon the holder thereof once the rights are acquired Accordingly, this section focuses on the procedures to be followed in acquiring state. federal and private lands, and defines briefly the nature of the rights obtained. The mining laws of Canada and Mexico are summarized, and the related subjects of minerals taxation and governmental regulation are discussed briefly. This section is not intended to be the basis for legal decisions. Rather, its purpose is to provide the engineer with an understanding of basic principles and procedures. For a detailed treatise of mining law, reference can be made to The American Law o] Mining, a five-volume set edited by the Rocky Mountain Mineral Law Foundation. The law changes constantly, especially that based on federal and state statutes, and the reader is cautioned to be alert for subsequent modifications of statutes, regulations and case law. 2.1-PRELIMINARY LAND-STATUS CHECK Often, after completion of area reconnaissance, or perhaps after receipt of a submittal, a specific more localized target area will become of interest. Usually, an intensive exploration program comprising detailed surface mapping, sampling, geophysical prospecting and drilling will be required before the mineral potential of the ground can be properly evaluated. Before an investment of this magnitude is made, however, it is advisable to obtain rights to mine ore from the property. Otherwise, knowledge of the exploration activity might greatly inflate land values, or speculators or competing mining concerns might step in. Hence, as a general rule, a land-acquisition program should be undertaken before an intensive exploration project is begun. The first step in such a program is to make a land-status check to determine whether the subject lands are available and, if so, from whom they can be obtained and by what means. 2.1.1-BUREAU OF LAND MANAGEMENT RECORDS In those states which contain large areas of federal land, basically (he western states, the primary informational source is the records of the Bureau of Land Management. These may t)e examined at the land office having jurisdiction over federal lands in the area of interest. The records for Montana and North and South Dakota are kept at the Billings (Mont ) land office; Wyoming, Nebraska and Kansas, Cliejenne, Wyo.; New Mexico, Oklahoma and Texas, Santa Fe, N M ; northern Alaska, Fairbanks, and southern, Anchorage; Utah, Salt Lake City; Nevada, Reno; Arizona, Phoenix; Colorado, Denver. There are two land offices in California, at Sacramento and Los Angeles Records for other states are kept in Washington, D C. at the office of the Director, Bureau of Land Management.

Jan 1, 1973

By Thomas W. Gibson

THE Province of Ontario in recent years has come strongly to the front as a producer of metals, especially nickel, copper, silver, and now gold. Of the last named, the output for 1922 was in the neighborhood of $20,000,000. The law governing the mining industry in a community where such develop-ments are taking place will be of interest, therefore, in other places where mining laws are up for revision The first mining of importance done in this province was for copper on the north shore of Lake Huron, where the Bruce mines were opened in 1846. These deposits of copper sulfides, notwithstanding the remoteness from markets and the cost of transportation, were vigorously worked for 12 or 15 years and also intermittently later, but the active career of the mines came to an end in 1875. From first to last, a little less than 10,000 tons of copper was produced, valued at $3,300,000. All the product was shipped to England as dressed ore, contain-ing up to 13 per cent. of the metal. In. 1866, a rich pocket of gold was found on the Richardson farm near Madoc, Hastings County, but was not followed by further discoveries of a like kind and in time the excitement it caused died away. Rich silver ore was found in 1868 on Silver Islet in Lake Superior, a speck of land not larger than a good-sized ball-room. The assemblage of minerals here was practically the same as that at Cobalt, discovered 35 years later, namely, native silver, cobalt, nickel and arsenic; in addition, there was considerable argentite, which has always been scarce at Cobalt. In all, the silver produced amounted to about $3,500,000. The belief persisted that the deposit was not mined out, and in the summer of 1922, some rich ore was extracted from the roof, perilously near the bottom of Lake Superior.

Jan 2, 1923

By Stanley Dempsey

Since its passage, the Mining Law of 1872 has been modified several times to meet the changing needs of America's society and economy. Despite the fact that it continues to provide an effective framework for a robust US exploration and mining industry, the mining law continues to be criticized in some quarters as outdated. Pressure to reform the Mining Law of 1872 has reached new levels in recent years. Many proposals for reform of the law have been introduced during the 1990s. None, though, have been enacted. The issue will not likely disappear and is certain to be raised during the 105th Congress. To provide a better understanding of the status of current congressional reform proposals, this article presents an overview of the major moments in the history of mining laws in the western United States - from the days before the 1872 mining law and the days following its promulgation, to the current dilemma over mining law reform. The future of the mining law is assessed as are the interests at stake for the modern mining industry. Mining before 1872 No discussion of the Mining Law of 1872 is complete without some historical background to provide an understanding of the origins of this unique law. There was plenty of mining activity on the public lands before the mining law was enacted. At first, the federal government's policy was to allow all miners to work freely on the public lands and to resolve disputes among themselves. In this "hands off" environment, miners operated according to laws they promulgated. These were based on previous experiences in Europe and Mexico. These "frontier codes" of groups of individual miners took the form

Jan 1, 1997

By C. Siac

"It is a widely held view that in the 21st century, the mining industry will be dominated by a relatively small number of large companies, truly global in scope and internationally staffed (Gooding, 1997). Interestingly enough, most of the exploration and exploitation activities are being carried out by junior and major mining companies from common law jurisdictions in civil law countries, in particular in Latin America, where in recent years, the region has ranked first as a destination for exploration dollars, thanks to the reforms undertaken by some countries to amend their legal framework to attract foreign investment. From a lawyer’s point of view, this is where the main challenge lies: how to bridge the gap between the two legal systems.In order to avoid pitfalls, common law lawyers should be more diligent and proactive when dealing with civil law jurisdictions, given the different systems of law, standards, traditions and customs. Common law lawyers cannot be expected to be well-versed in civil law but they should not be completely unfamiliar with it either. A balance should be struck to ensure clients’ needs are professionally taken care of and that common law requirements and standards are met."

Jan 1, 2003

By Arthur M. Whiteside

Discussion of the laws bearing upon the economics of mining in this province at once resolves itself under three headings: (a) The rights and obligations of holders of mineral bearing lands; (b) Taxation of mines; (c) Regulation of methods adopted in financing mining operations. Titles: The law relating to titles is contained in the Mineral Act, Placer Mining Act and Coal Mines Prospecting Act. Origin: Mining laws in force in this province and elsewhere on the continent had their origin in the rule-of-thumb regulations adopted by prospectors themselves, when, far from the centres of civilization and the seats of the courts of justice, they found it necessary, for mutual protection, to fix the conditions of possession by right of location, and to prescribe the duties to be performed in order to enable the individual to maintain his ground against all comers. These regulations have been codified and added to by legislatures, until we find adequate protection and safeguard to property in the laws of this province.

Jan 1, 1924

By Agustin S. Segura, Luis G. Gutierrez

Foreign investment in Mexico, particularly of American capital, has increased steadily since 1940. At present, however, these investments are less important to the Mexican economy than in earlier periods. In the last few years, local or Mexican capital has participated in most American investments in Mexico with the encouragement of the Mexican Government. Foreign investment in a wide variety of industrial activities has gone up in the last decade, placing mining investments in second place. This growth is the result of the Mexican Government's favorable attitude toward industrial expansion. The process has been encouraged through tax exemption on infant industry, through customs protection, and through other incentives.

Jan 11, 1959

By Tim O’Neil

Question: Looking forward, do we face a future in which energy markets, energy policy and energy conflicts threaten to preoccupy, if not dominate, our concerns over economic growth, national security and domestic tranquility? The answer is, we may indeed face such a future. Question: What oil resource is comparable in size to the reserves of Saudi Arabia and presents a tremendous opportunity? The answer, the oil sands in Alberta, Canada. Question: What is the largest mineral staking rush in North American history, still under way? It has so far led to the development of two large mines. The answer is the Point Lake diamond strike in Canada’s Northwest Territories. It led to the development of the Ekati and Diavik mines.

Jan 1, 2004

By M Pepper, C R. Roche, G M. Mudd

"The Australian mining industries approach to life-of-mine planning has improved considerably in recent decades. It now needs to be matched by, and embedded in, mining governance systems that utilise a comprehensive whole-of-mine-life approach within a jurisdictional, industry and regional regime rather than just focusing on specific impacts in isolation. The need for a more comprehensive approach is supported by the many mining legacies, from historic, recent and some operating mine sites around Australia. There are sites that are leaving enduring environmental, community and public health impacts that are yet to be accurately assessed. While a number of these sites in Australia are estimated to be more than 50 000, this is probably an underestimation, with a lack of data and different state-based approaches complicating attempts to quantify mining legacies as a national issue. Qualitative assessments about the extent and nature of mining legacy impacts on nature and communities across Australia are also required if we are to understand and avoid ongoing and future mining legacies.This paper commences with an exploration of mining legacies as an umbrella term for previously mined, abandoned, orphan, derelict or neglected sites. This is followed by a discussion of the current status of mining legacies as an Australia-wide issue, contrasting the Australian response with overseas examples. Common themes from past workshops are explored recognising that mining legacies are a growing public policy issue and identifying key ingredients for a successful response. Supporting this, and based on national data which re-enforces the need for action, is the changing scale and intensity of mining in Australia that, while lowering costs for mine operators, increases the liability that may eventually fall to the state if mine sites are not rehabilitated effectively. Though a national issue, mining is a state and territory responsibility, so the current approach to mining legacies is then examined state-by-state. Given the widespread application and recent changes to bonds and levies in Western Australia (WA) and the Northern Territory (NT) the merits of both are examined with reference to specific case studies. Despite the current division of responsibility and diversity of approaches, however, mining legacies remain a significant and growing problem with a recognised need and repeated call for cooperation and coordination at a national and international level. Future action is addressed in the final section with reference to liability, responsibility, industry reputation, regulation and leadership.CITATION:Pepper, M, Roche, C R and Mudd, G M, 2014. Mining legacies – understanding life-of-mine across time and space, in Proceedings Life-of-Mine 2014 , pp 449–466 (The Australasian Institute of Mining and Metallurgy: Melbourne)."

Jul 16, 2014

The mining industry views with the utmost concern, legislative or administrative action that inherently reduces the scope for exploration activity. Is there any basis for this concern in relation to Victoria? This paper will outline the role of the Department of Minerals and Energy and the main features of legislative provisions affecting exploration effort. The practical difficulties that confront the Department and explorers alike will be examined. The importance of industry representation to influence the direction that policy and legislative review might take, will be highlighted. Above all, the paper will establish that one essential duty of government is to ensure the provision of appropriate mining titles and security of tenure.

Jan 1, 1982

Sufficient time has elapsed since the enactment of the amendments to the mining legislation in 1981 to enable an examination to be made of the way in which the licensing system operates in practice. One of the most important decisions in resource management in New Zealand is whether or not rights of access to the resource should be conferred by the Crown upon an appropriate private sector participant. The licensing system is the means for allocating these rights of access. The manner in which the licensing system is administered, therefore, is crucial to natural resource management in New Zealand. What is the mining licensing system in New Zealand designed to achieve? This simple question admits of no easy answer. Is it the identification and development of the mineral resources of New Zealand? Are these objectives tempered by issues of resource conservation and environmental protection? Is a balance to be achieved among these competing factors? Does the legislation contain any priorities? Does the system respond in an ad hoc manner to particular facts and circumstances or does it operate within a more predictable framework? To what extent are decisions made on access to minerals with reference to the development or conservation of other resources? These questions may be summarised in the title to this paper which poses the question whether mining licences are instruments for resource management.

Jan 1, 1988

By R. W. Smith

IN the manufacture of portland cement, the basic and fundamental essential is a limestone uniformly rich in calcium carbonate and carrying less than 3 per cent magnesium carbonate. In searching for such a deposit, also having in mind quantity of rock, accessibility and quarrying facilities, the Pacific Coast Cement Co. discovered and developed its present quarry at View Cove on the east coast of Dall Island, Alaska. Dall Island is about 100 miles west of Ketchikan and 650 miles north from Seattle. It is 70 miles in length and 5 to 10 miles in width. The climatic conditions are much more favorable than would be expected. The temperature ranges from zero to 70 degrees. The precipitation is considerably more than at Seattle, although there was less snow during the last season than at Seattle. The island is rugged and mountainous; the vegetation is moss and grass and a large portion is timbered with spruce, hemlock and cedar. Some of this timber has market value. The limestone quarry is about 30 miles north of the extreme southern end of the island. The company acquired 240 acres which contain limestone of remarkable uniformity, the percentage of calcium carbonate being about 95. It is estimated that there is ample recover- able rock on the holdings to supply the cement plant at its maximum capacity for well over 100 years.

Jan 1, 1929

By Stephen Mullowney

Outline ? Setting the stage ? Deal activity ? Q1 2013 update ? Key deal sectors ? Deals by geography ? Outlook for 2013 Key Observations 2012 ? Major retreat in M&A activity ? Glencore-Xstrata deal dwarfs all other deals ? Gold & copper dominate deal activity

May 1, 2013

By t. Knezicek

Tuzla Coal Basin in Bosnia and Herzegovina is the largest coal area in the State. Regional mining industry sensed the need for mining machinery database development in order to achieve easier planning purposes and equipment selection for open cast mines in Tuzla Coal Basin. Several databases for mining machinery used on the bituminous deposits, i.e. on brown coal and lignite mines, were developed at the Faculty of Mining, Geology and Civil Engineering, Tuzla. System Development Method was used as the approach to the database development, generating relational structure of database. First database was established for trucks and was presented as simple table, drawn and filled on the paper sheet. In the next phase, data were stored in spreadsheet type software (Quattro Pro and Excel). Lately developed database is Bucket Wheel Excavator database designed in MS Access. Two concepts, spreadsheet and Access, were integrated into one large database, enabling manipulation of hundreds of data at one place. Required adaptations of existing database in MS Access, enables Access to be used as an integration resource. Database is designed to reserve free memory for input data for mining equipment not considered so far, such as spreaders, crushers, belt conveyors, tripper cars, etc. New, integrated database, at this stage, can be imported to any type of commercial or individual software where needed. Mining machinery integrated database for open cast mine operations is under going testing in a State company, Coal Mines Tuzla. Keywords: Tuzla Coal Basin, machinery database, SDM, relational database

Jan 1, 2003

By Leonard Harris

Mining is a business and, therefore, is expected to make profit for its investors, like any other business. It is a risky business which requires the expertise of professionals from several disciplines to make it successful in the finding, evaluation and development of a new mining venture. Many of the same disciplines, as well as experts in some other fields are required to operate the facilities once they are built. To manage all this, wide-ranging, versatile and sharp managerial skills are required. On the U.S. domestic front, the most important management issues requiring attention today and tomorrow are the increasing unwarranted attacks by anti-mining groups and legislators on the industry and aided by an unchallenged, but widespread, public view that mining is not necessary and damages the environment. Higher costs to mine and process deeper and more refractory ores are also of great concern. More and more attention is being focused, therefore, on overseas projects under the belief that undeveloped countries will recognize the economic value of mineral production and that lower costs can be achieved.

Jan 1, 1993

By George Bain

METHODS of mining building stone of any sort are planned to pro-duce as few fractures as possible, and present a strong contrast to methods of mining metallic ores, which must be crushed eventually and have fractures produced in as great profusion as possible. Shocks transmitted to a stone invariably make it more porous and more permeable and reduce its effective life, therefore methods of mining building stone involve as FIG. 1. THE SUPREME COURT BUILDING, WASHINGTON, D. C. This building illustrates the fine detail of workmanship, unprotected sharp corners and thin edges, and tall narrow columns characteristic of marble structures. These features require exceedingly coherent stone, and preservation of these features for decades or centuries demands many special quarrying precautions to keep absorption to 0.14 per cent or less, a detail not essential to stone for coarser architectural types. few shocks as possible. This is singularly true for marble because marble structures are intended to have long life, greater delicacy of line, more gracefulness and fineness of sculpture than those made from any other structural material (Fig. 1). So that delicate lines may remain in almost perfect preservation for decades, or even centuries, it is important

Jan 1, 1935

With unprecedented worldwide growth and increasing global demand for energy expected to swell by 60 per-cent in the next two decades, mining matters as much now, if not more, than it ever has. This was the consensus at the 110th Annual National Western Mining Conference presented by the Colorado Mining Association, Feb. 12-14 at the Westin Hotel in Denver, CO. The role of coal ? America?s most abundant energy source ? the future of uranium and its possible resurgence in the energy marketplace, the skyrocketing value of gold as well as the issues of health, safety, climate change, legislation and government?s role in mining were all discussed during the three-day conference that operated under the banner of ?Mining Matters.? Barbara Filas, chairperson of the 110th National Western Mining Conference, president of Knight Piesold Co. and former SME president, welcomed the record crowd with an inspiring speech in which she pointed out that although ?most normal folks don?t know what role mining plays in their everyday life, mining does matter. ?Our industry,? she said, ?matters to Colorado. It matters to Colorado because it is a $3-billion industry. It matters to the 13,000 people who are employed directly or indirectly by the industry and it matters to schools that receive more than half of the royalties that are generated by mining.? During discussions of mining?s place in Colorado, the western United States and the world, special attention was paid to coal, uranium and the future of energy. ?It is time to rethink our perceptions about coal,? said Mark A. Smith, president and chief executive officer of Chevron Mining Inc. He spoke during the opening reception in a presentation titled, ?Coal to Liquids: Bridging America?s Energy Gap.? Although coal is America?s most abundant, and cheapest energy source, it is also one of the most scrutinized because of the pollution it causes and recent, and heavily publicized, tragedies that have claimed the lives of some who mine it.

Jan 1, 2008

By AIME AIME

T HE Mining Methods Committee held its initial meeting* on Tuesday afternoon, with F. W. Bradley in the chair and W. Y. Westervelt as vice- chairman. The first paper to be presented was "A Plea for a U. S. Court of Patent Appeals," for which Kenneth W. Greenawalt ably pleaded. The paper (which was published in full in last month's issue) is so carefully prepared that no synopsis can do it justice. It discusses the opposed views of some patent lawyers and other lawyers and members of the judiciary as, for example, Chief Justice Taft who is quoted as saying in 1921: "I think it is a great deal better to take a first class lawyer and a first-class judge and make him a good patent expert than it is to take a patent expert and try to make him a first-class lawyer and a good judge." Mr. Greenawalt argued the need for specialized scientific and engineering interest and understanding to enable a lawyer or judge to prepare or interpret patent specifications and decide the originality necessary for a valid invention. He proposed the special U. S. Court of Patent Appeals to also counteract the costly confusion and injustice now ruling where a patent may be declared valid in the courts of certain States and invalid by the courts of other States.

Jan 1, 1930

By C. F. Jackson

THE work of, the Mining Methods Committee is now well under way. Following discussions previous to and during the February meeting, an Outline for Papers on Mining Methods was prepared, and over a thousand copies have now been distributed to committee men, to section secretaries and to members who have indicated any interest in the subject. The objective of the committee is to prepare a symposium on mining methods which will be of real practical value to the operator and engineer in the solution of every-day mining problems. It is planned to cover the entire field of mining in such a way that the different branches of mining, such as coal and ore (iron, copper, lead, zinc and precious metal) can benefit from the experience of the others at points where they have problems in common.. It is realized fully that each of these branches of mining possesses its own peculiar problems, but at the same time, there are prob-lems in connection with each, where the experience in others should be of value. The committee proposes to proceed along the following lines: 1. To present a general classification of mining methods, showing their inter-relationship, and at the same time .provide a common language for the discussion of mining methods and a nomenclature that will have the same meaning wherever used. A com-plete set of illustrations will accompany the classi-fication to make clear the terminology adopted and to show graphically the inter-relationship of methods. 2. To show the relationship between the physical characteristic of the deposit, the economic consider-ations and the. mining method., It is not proposed to treat this subject as a mere academic problem, but to secure reports from every mining company of impor-tance in this country, which will show what methods or modifications and combinations of methods have actually been applied and the physical conditions and economic considerations which have led to the adoption of these methods in each case. The Mining Methods Committee has drawn up an Outline for Papers on Mining Methods to be distributed among mining engineers and operators, giving in detail the information desired. This outline is the result of several months of careful thought and is a composite of the suggestions of many engineers and mining company officials from all parts of the United States.

Jan 7, 1922

By Freddie Hunter

An underground mining method for extracting an eight metre (26') coal horizon, containing a sandstone layer. A decrease in the thickness of the rock strata between the number two and number three seams of the Sasolburg Coal Field, has resulted in a total mining horizon approximately eight metres (26') thick. This parting varies in thickness and competency and in some areas is impractical to cut with a continuous miner. In addition, the general mining area is highly jointed. The top seam is first mined to a normal bord and pillar plan with a continuous miner. The bottom seam is then mined by selectively undercutting the stone parting constituting the floor of the top seam. In areas where this parting is between 0.75 - 2.50 metres (29.5" - 98") thick, it is suspended from the primary roof support installed when mining the top seam. Secondary, high extraction retreat mining is then undertaken in the coal pillars adjacent to the suspension supported headings in the bottom seam. Left in-situ, the parting provides lateral support to the pillar sidewalls in both the top and bottom seams, enabling high percentage extraction rates in what was previously thought an uneconomically mineable area. The paper proposed, presents the challenges and practical implications of executing the mining method, including the primary roof control of the top seam and the stone parting between scams.

Jan 1, 2003

One of the most critical and complicated steps in mine design is a suitable mining method selection based upon geological, geotechnical, geographical and economical parameters. Since there are many factors involved in mining method selection, the decision-making process is very difficult. In this paper, the Analytical Hierarchy Process, with 13 criteria, is used to develop a suitable mining method for the Golbini No. 8 deposit in Jajarm (Iran). Six alternatives (conventional cut and fill, mechanized cut and fill, shrinkage stoping, sublevel stoping, bench mining, and stull stoping) are evaluated. The studies show that the suitable mining method for this deposit in the present situation is the conventional cut and fill method.

Jan 1, 2008