The Mining Act of 1872 is U.S. federal legislation which authorizes and governs prospecting and mining for hard rock minerals such as gold and silver. It codifies the system of acquiring mining claims on public land that was formed in California and Nevada in the late 1840s, 1850s, and 1860s, during periods such as the California gold rush.
Subsequent amendents
The acquisition of mining rights on public land in the West is mostly governed by the 1872 act. Subsequent changes to the law include:
- the Mineral Leasing Act of 1920 , which made certain nonmetallic minerals not open to claim staking;
- the Mineral Materials Act of 1947 , which provides for the sale or public giveaway of certain minerals, such as sand or gravel;
- the Multiple Mineral Use Act of 1954 , which provided for the development of multiple minerals on the same tracts of public land;
- the Multiple Surface Use Mining Act of 1955 , which withdrew common varieties from mineral entry; and
- the Federal Land Policy and Management Act of 1976 , part of which redefines claim recording procedures and provides for abandonment if the procedures are not followed.
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