Free and Open: The 1872 Mining Law · Episode 9 of 10 · 15 min
A Century and a Half of Almost: Why the Law Never Changes
Congress showed in 1920 that it could make extractive industries pay when it moved coal, oil, and gas out of the 1872 law. Hardrock mining has beaten every attempt since: royalty bills die in the Senate, a patent freeze needs yearly renewal, and a 2025 royalty bill got one hearing. The law is now moving toward more mining rights and federal equity stakes.
Who's who
- Bruce Babbitt+2 more episodesInterior Secretary who signed the Goldstrike patents under court order
- Nick RahallWest Virginia congressman whose royalty bills passed the House only
- Raúl Grijalva+3 more episodesArizona congressman who filed the 2025 royalty bill, then died
- Ben Ray Luján+3 more episodesSenator who sponsored the 2025 royalty-and-reclamation bill
- Rich Haddock+3 more episodesBarrick Gold general counsel who testified against a gross royalty in 2025
- Doug Burgum+3 more episodesInterior Secretary from 2025
- Martin Heinrich+2 more episodesSenator, co-sponsor of the Good Samaritan cleanup law
- Jim Risch+2 more episodesSenator, co-sponsor of the Good Samaritan cleanup law
Where it happens
- Goldstrike mine, NevadaSite of the 1994 patent: about 1,800 acres for under $10,000
- Rosemont/Copper World, ArizonaProject whose 2022 Ninth Circuit loss triggered new legislation
- Bodie Mine, Washington+1 more episodeFirst Good Samaritan permit application, open for comment in 2026
Timeline
- 1920Mineral Leasing Act moves coal, oil and gas into a royalty system
- October 1994Patent moratorium takes effect as a budget rider, renewed every year since
- December 2024Good Samaritan Act signed, the one hardrock bill to pass
- March 2025Royalty bill gets its only hearing; Grijalva dies; executive order makes mineral production the primary land use
- July 2025Budget law cuts the federal coal royalty from 12.5 to 7 percent
- December 2025House passes the Mining Regulatory Clarity Act 219-198
Still debated
Industry says a royalty would push mining overseas, while reformers cite Nevada, Australia, and Chile. Whether federal equity stakes in mining companies are a reform, a substitute, or neither is open, as are the figures for royalty-free revenue, which no one measures.
← PreviousWhose Mother Lode: The Treaties Gold BrokeNext →The Verdict: The Case For, the Case Against, and What Modern Would Look Like
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Why Mining Companies Still Pay $0 in Royalties for Public Minerals (The 1872 Mining Law)The Uncosted West · Episode 2Also features Ben Ray Luján, Martin Heinrich
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The Greatest Good? How the Forest Service Promised to Manage Public LandThe Long Run · Episode 1Also features Doug Burgum