MINERS 217 



of May 10, 1872, which with some modifications and changes is still in 

 effect today. 



THE LAW OF MAY 10, 1872, grants the basic rights to prospect, locate, and 

 patent mineralized areas on public lands, and applies to national forest lands 

 as well as to other public lands. In some cases where national forest lands 

 have been acquired by purchase, exchange, or donation, the mineral rights 

 have been retained by the original owners. Such mineral rights are private 

 property and not affected by the general law of 1 872. Many areas of national 

 forest land have been acquired by purchase or other means in the eastern 

 United States and the mineral rights included in the transaction. Such 

 mineral values also do not come under the operation of the Act of 1872, but 

 are administered under the Act of August 11, 1915, under which the Forest 

 Service issues permits for mineral extraction. A small charge is made for 

 such permits and a royalty collected upon the mineral production. Title to 

 the land does not pass to the miner. 



With these exceptions the Act of 1872 governs all metalliferous mineral 

 exploration and development in the national forests as well as on other pub- 

 lic land. Placer claims may be located in units of 20 acres each with a maxi- 

 mum limit of 160 acres to any association or individual. Lode-claim regula- 

 tions vary somewhat in different mining districts. The maximum limit on 

 area and the one in most general use restricts lode claims to a tract not 

 exceeding 600 feet in width and 1,500 feet in length. There is no limit to the 

 number of lode claims which may be located by any individual. Require- 

 ments as to mineral discovery are extremely liberal. Claims can be located, 

 and are often located, with no showing of valid discovery. 



The courts have held in essence that a sufficient discovery requires 

 proving the existence of mineral and evidence showing that a person of 

 ordinary prudence would be justified in further expenditure of labor and 

 means. Assessment requirements, as a prerequisite to patent, call for the 

 expenditure of $500 in labor or improvements for each claim. Annual assess- 

 ment work is a condition required only for the continued possession of a 

 claim as against adverse claimants, and failure to do such work is no basis 

 for the cancellation of the location. Furthermore, Congress has now and 



