EARTHWORKS

Stock Raising Homestead Act of 1916 (SRHA)

The Stock-Raising Homestead Act of 1916 provided settlers 640 acres of public land—a full section or its equivalent—for ranching purposes.

The 1872 Mining Law -- the Surface Owner's Enemy

Since the Federal Government retains the mineral rights under this act, the 1872 Mining Law applies to these minerals. This means:

Notification and Entry Requirements

Those intending to file a mining claim are required by law to provide the surface owner notice (referred to as a Notice of Intent to Locate, or NOITL) before they can enter SRHA lands.

Once notice has been given:

Plan of Operation and Bonding

After a mining claim is staked, the mining claimant cannot conduct mineral activities (other than non-surface disturbing activities) without

If the claimant submits a plan of operations, the BLM has 60 days to approve the plan, but can get an extension of an unspecified amount of time to comply with other applicable laws.

The claimant must file a reclamation bond to cover tangible losses during operations and/or permanent losses if the land is not returned to pre-mining agricultural production levels. The BLM decides the amount and conditions of the bond. The surface owner cannot be reimbursed for loss of property values as a result of mining claims or operations. During the time that operations take place, the surface owner receives an annual rental payment based on fair market rental conditions for agricultural land.


For more information:

Tagged with: split estate, landowner rights

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