Can Two Million Potential Property Interests on the Federal Lands Be Wrong?

Any major change in existing law will have to confront two million existing mining claims that have been recorded with the Bureau of Land Management. ¹ These claims could theoretically cover up to 272 million acres of federal land, ² although the actual amount is undoubtedly less. Determining how much less would require, however, the patience of Job and the longevity of Methusaleh. ³ Nevertheless, it is reasonable to assume that existing claims generally blanket known areas of substantial mineral potential, and thus are likely to contain most of the promising areas for future development. Indeed, industry spokespersons conceded that assumption decades ago. ⁴ Some existing claims are undoubtedly abusive, furnishing the cover for nonmineral occupancies. A substantial number of existing claims may be found in national parks, wilderness areas, and other areas now closed to the Mining Law or where its operation is highly restricted, such claims having been located before withdrawal or despite the restrictions. Their development would usually threaten the resources that led to the adoption of protective measures. For all of these reasons, the handling of existing claims is among the most important issues in any effort to fashion legislative reform.