NWMA Director Challenges SOMA Mining Rights Interpretation

According to an article in the Illinois Valley News by writer Scott Jorgensen, Laura Skaer, executive director of the Northwest Mining Association based in Spokane, Washington, issued a letter on October 28 to several Washington state officials challenging the interpretation of mining rights expressed by some members of the Southwest Oregon Mining Association (SOMA).

As you may recall from a previous post on this blog, the understanding this writer received of the argument put forth by Hal Anthony, SOMA Vice President Ron Gibson, etc. was that the "uncommon minerals" (e.g. gold, silver, etc.) were given by Congress to the people by the Act of 1866 and that the terms of this grant of property are such that it cannot be terminated or restricted by any subsequent act of Congress or act of any state legislature.

Laura Skaer argues, on the other hand, that mining rights are subject to regulation as provided for in the Mining Law of 1872. Jorgensen quotes Skaer in his article as saying, “The 1872 Mining Law specifically provides that a citizen’s right to explore, occupy and purchase valuable mineral deposits in lands belonging to the United States is specifically subject to regulations prescribed by law.” (Emphasis added -- Tom)

The relevant language from the 1872 law would appear to be, "...all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall 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...." Similar language appears in the Act of 1866: "That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law...."

Although not an expert in legal matters, it seems to this writer that the question revolves around whether the phrase "under regulations prescribed by law" refers to the procedures for "occupation and purchase" of mineral lands or to the right to explore, occupy and purchase mineral lands. In any event, there is clearly a need in the mining community for a knowledgeable clarification of the federal mining laws in this regard. One hopes that such clarification will not be long in coming.

You may read the IVN article by Scott Jorgensen at the link here.