Mining Law

Early U.S. Laws

The first mining law in the United States was passed in 1872 by President Ulysses S. Grant. Passed to promote the development and settlement of publicly owned lands in the western United States, particularly the Rocky Mountain West and Alaska, the law governs hard rock mining on 270 million acres of public-domain lands. Under the 1872 Mining Law, any U.S. citizen can freely enter public-domain lands to explore minerals, except in national parks. According to the Mining Law, once a citizen discovers a valuable hard rock mineral, that person can then establish the right to mine that mineral by staking a claim. This law continues to be in effect into the 21st century.

In 1891, Congress passed the first federal statute governing mine safety. The federal government saw the ills of child labor and prohibited operators from employing children under the age of 12. This early regulation also established some minimum ventilation requirements for underground coal mines. Congress opened the Bureau of Mines in 1919 as an agency within the Department of the Interior. The Bureau of Mines was permitted the authority to conduct research that would help reduce the number of deaths and accidents in the coal-mining industry. In 1941, the Bureau of Mines was given the authority to enter mines in order to conduct inspections and Congress passed the first codes of federal regulations for mine safety in 1947.

The 1947 act led to the federal Coal Mine Act of 1952. This legislation gave the Bureau of Mines the authority to issue violation notices and imminent withdrawal orders to companies, should their mines be found conducting work in violation of federal regulations. While there were no monetary penalties against companies at this time, the Coal Mine Act of 1952 authorized the Bureau of Mines to call for civil penalties should the Bureau find company violations.

Safety Regulation

A disastrous explosion occurred at the Consol #9 coal mine in Farmington, West Virginia, on [Page 557]November 28, 1968. This explosion killed 78 men and changed the industry forever. The public was outraged after this disaster and called for further regulation. The federal Coal Mine Health and Safety Act of 1969 came into being. This act was the most forceful regulation to date, calling for two annual safety inspections of surface mines and four annual inspections of underground mines. The penalties for violations of regulations could be considered criminal if the violations were knowing and willful. The act also provided compensation to those miners who had become disabled due to black lung disease. This 1969 act continues to be the backbone of all federal health and safety standards in the 21st century.

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