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Millsite Claims Under the 1872 Mining Law

Millsite Claims Under the 1872 Mining Law
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Published: November 5, 2004

By: Western Organization of Resource Councils

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Western Organization of Resource Councils

1872
Mining law enacted, stating: "[W]here nonmineral land ... is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode...; but no location ... shall exceed five acres." 30 U.S.C. Section 42(a).

1884
Secretary of the Interior rules in J.B. Hoggin, 2 L.D. 755, that more than one millsite may be patented with a lode claim, provided that the aggregate is not more than five acres.

1891
Acting Secretary of the Interior rules in Mint Lode and Mill Site, 12 L.D. 624, that the Mining Law "evidently intends to give each operator of a lode claim, a tract of land not exceeding five acres in extent, for the purpose of conducting mining or milling operations thereon, in connection with such lode."

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