| Foreword |
|
xiii | |
| Preface |
|
xv | |
|
|
|
1 | (8) |
|
|
|
9 | (8) |
|
3 The Mining Law: An Overview |
|
|
17 | (8) |
|
4 Free Access: A History of Its Decline |
|
|
25 | (24) |
|
Original Restrictions on Free Access |
|
|
29 | (14) |
|
|
|
29 | (2) |
|
|
|
31 | (12) |
|
Other Denials or Restrictions of Free Access |
|
|
43 | (6) |
|
5 Success, Abuse, and Difficulty: The Up and Down Sides of Free Access in Operation |
|
|
49 | (40) |
|
Success: Free Access and Mineral Discoveries |
|
|
50 | (5) |
|
Abuse: Free Access for Nonmining Uses |
|
|
55 | (22) |
|
|
|
57 | (5) |
|
The "Good Faith" Doctrine |
|
|
62 | (2) |
|
Agency Tolerance of Abuse |
|
|
64 | (3) |
|
|
|
67 | (4) |
|
|
|
71 | (6) |
|
Difficulties: Nuisances and Stale Claims |
|
|
77 | (12) |
|
|
|
83 | (6) |
|
6 Of Anachronisms, Ambiguities, and Frustration: The Mining Law's Ingenious Machinery in Operation |
|
|
89 | (30) |
|
Threshold Ambiguities: Where and to What Does the Law Apply? |
|
|
90 | (3) |
|
Some Hopeless Anachronisms |
|
|
93 | (2) |
|
Exploration Security: The Pedis Possessio Problem |
|
|
95 | (12) |
|
Diligent Development and Its Absence |
|
|
107 | (12) |
|
7 Evolution of the Law of Discovery |
|
|
119 | (32) |
|
The Discovery Requirement in Context |
|
|
121 | (2) |
|
The Necessity of, and Difficulties with, Definitions |
|
|
123 | (3) |
|
The Evolution of Standards for Determining Whether Lands Were Mineral in Character |
|
|
126 | (4) |
|
The Relationship Between Discovery and the Concept of "Mineral" |
|
|
130 | (5) |
|
Standards for Determining Discovery of Valuable Mineral Deposits |
|
|
135 | (16) |
|
Origin of the Prudent Person Test |
|
|
135 | (5) |
|
The Comparative Value Test |
|
|
140 | (8) |
|
The Prudent Person Test in the Modern Era: Reemergence of the Marketability Test |
|
|
148 | (3) |
|
8 The Law of Discovery Today: Policy and Applications |
|
|
151 | (18) |
|
The Law of Discovery: A Policy Evaluation |
|
|
151 | (7) |
|
The Law of Discovery: Modern Applications |
|
|
158 | (5) |
|
The Teaching of Other Laws |
|
|
163 | (3) |
|
|
|
166 | (3) |
|
9 The Problem of Scale: Multiple Claims and the Mining Law |
|
|
169 | (14) |
|
The Legality of Locating Multiple Claims |
|
|
169 | (6) |
|
Multiple Claims and Discovery |
|
|
175 | (2) |
|
Amendment and Relocation of Claims |
|
|
177 | (2) |
|
Securing Land for Ancillary Facilities |
|
|
179 | (4) |
|
10 Regulating Mining Law Activities to Protect the Environment |
|
|
183 | (46) |
|
Precursors to Modern Environmental Regulation |
|
|
184 | (2) |
|
Modern Regulation: Protecting Against Pollution |
|
|
186 | (3) |
|
Modern Regulation: Protecting the Land---the Federal Land Management Agencies |
|
|
189 | (20) |
|
Department of the Interior Authority |
|
|
190 | (2) |
|
Department of Agriculture Authority |
|
|
192 | (3) |
|
Bureau of Land Management and Forest Service Surface Management Regulations |
|
|
195 | (4) |
|
Modern Bureau of Land Management and Forest Service Land and Resource Planning |
|
|
199 | (6) |
|
The National Environmental Policy Act and Agency Regulation |
|
|
205 | (3) |
|
Agency Environmental Regulation and the Discovery Issue |
|
|
208 | (1) |
|
Other Avenues to Protect the Environment |
|
|
209 | (3) |
|
Partnership or Preemption? State and Local Regulation |
|
|
212 | (8) |
|
The Mining Law and the Environment: A Contemporary Assessment |
|
|
220 | (9) |
|
11 The Special Problem of Wilderness |
|
|
229 | (14) |
|
12 The Split Estate: Federal Minerals under Privately Owned Surface |
|
|
243 | (10) |
|
13 Administering the Mining Law: The Role of the Executive and the Courts |
|
|
253 | (34) |
|
The Federal Executive: From Stakeholder to Supervisor, Regulator, and Sometime Adversary |
|
|
253 | (17) |
|
|
|
257 | (3) |
|
Curiosities of Contest Proceedings |
|
|
260 | (2) |
|
Government Reluctance to Contest Claims |
|
|
262 | (4) |
|
|
|
266 | (3) |
|
The Costs of Administration |
|
|
269 | (1) |
|
Interpreting the Mining Law: Executive and Judicial Roles |
|
|
270 | (17) |
|
14 Reforming the Mining Law: A Brief History |
|
|
287 | (26) |
|
15 Can Two Million Potential Property Interests on the Federal Lands Be Wrong? |
|
|
313 | (14) |
|
16 The Leasing Alternative---and Strategic Minerals |
|
|
327 | (20) |
|
|
|
327 | (15) |
|
|
|
342 | (5) |
|
17 The Mining Law Today: Prospects for Change |
|
|
347 | (24) |
| Appendix A The Mining Law Excerpted |
|
371 | (8) |
| Appendix B Outline of Typical Miners' Rules |
|
379 | (2) |
Notes by
Chapter |
|
381 | (116) |
| Acronyms Used Frequently in the Text |
|
497 | (2) |
| Name Index |
|
499 | (6) |
| Subject Index |
|
505 | |
Rohkem infot Taylor & Francis e-raamatute kohta